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Home My WebLink AboutContract Service Arrangement Augusta Richmond GA DOCUMENT NAME: Contm L --\- Se YV \ C:.e ..;>AO"Y Cl0'15e.VY\~1-- DOCUMENT TYPE: A5 ..'Ce~m YEAR: WO 3 BOX NUMBER: L\ FILE NUMBER: \ \ \ '\ q ~I NUMBER OF PAGES: U ,. , ; CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-C307-01 -"" This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, mc" a Georgia corporation, d/b/a BellSouth, ("Company") and Augusta ("Customer or Subscriber"), and is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff, This Agreement is based upon the following terms and conditions as well as any Attachment(s) affIxed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"), The rates, charges, and conditions described in the Attachment(s) are binding upon Company and Subscriber 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 the date upon which installation of the service is completed. 2, Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service, Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services, 3, 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 shall be included in the provision of this service. The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, 4, This Agreement may be subject to the appropriate regulatory 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. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber 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, The rates, charges, and conditions described in the Attachment(s) may be based upon 7...,1''''- information supplied to Company by the Subscriber, including but not limited to forecasts of growth, If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. PRIV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.. Page 1 00 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-C307-01 7, (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges, Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachrnent(s), 7, (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges, However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8, This Agreement shall be construed in accordance with the laws of the State of Georgia, 9, 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 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. Comoanv BellSouth Telecommunications, Inc, Assistant Vice President 440 Walker St Augusta, GA 30910 Subscriber Augusta 530 Greene St., Suite 801 Augusta, GA 30911 10. Subscriber 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 tariff, t:'...~~ PRNAT~ROP~ETARY CONTAINS P~V A TE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT.. Page 2 00 CONTRACT SERTICE ARRANGEMENT AGREEMENT Case Number GA03-C307-01 11, In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. ~ ~/':'.~. PRIV A TE/PROPRIET ARY CONT ArNS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.. Page 3 of? CONTRACTSERWCEARRANGEMENT AGREEMENT Case Number GA03-C307-01 Option 1 of 1 Offer Expiration: This offer shall expire on: 5/2/04, Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides for BellSouth@ Primary Rate ISDN - V oice/Data (Standard) service, This Agreement is for thirty-six (36) months with one thirty-six (36) month renewable option, Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions, Subscriber 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. Acceptance of any Order by Company is subject to Company's credit and other approvals, This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement. "'<.1": " PRIV A TElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of7 ;' '. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-C307-01 Option I of I 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: Subscriber: Augusta ~ qJ By: Authorized Signature ayor of &1.1"C.k~ .p__\~ O~ .. ~ {.r? --' Printed Name: Date: " By:'ii1'fiiv Yn8?~; ~?t~5i d S~~.b~/Clerk of CormmslOn Printed N-;ine: A.JAA.JC!. y IJ. 110lVJu.1~k'.J Date: /r2. -~/- Q.9 Company: BellSouth Telecommunications, Inc, By: BellSouth Business Systems, Inc. BY:~Q~~-~ uthonzed SIgnature Printed Name: ,C::;C-.oTr G . D::u;/L, Title: So~.\e~ Mr~lJo. ~T1 Date: \ 2. -'3 \ -0"< ~V",-" PRIV A TE/PROPRlETARY CONTAINS PRlV A TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTTEN AGREEMENT. Page 50f7 '. '. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-C307-0l Option 1 of 1 RA TES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1. BellSouth@ Primary Rate ISDN Access $,00 ~ $130.00 lLD1E Line, each (Note 2) 2, BellSouth@ Primary Rate ISDN $:00 $375,00 PR 71 V Interface, each - V oicelData (Standard) (Note 2, 3) 3, BellSouth@ Primary Rate ISDN B- $.00 $16.00 PR7BV Channel, each - V oicelData (Standard) (Note 2) 4, BellSouth@ Primary Rate ISDN $,00 $0,20 PR 7TF Telephone Numbers, per telephone number requested inward and 2-way -r:',,/'.-!. PRIV A TFlPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 60f7 ..... CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-C307-0 1 Option 1 of 1 RATES AND CHARGES NOTES: 1, All applicable rates and regulations for BellSouth@ Primary Rate ISDij as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in this CSA with the exception that volume discounts as outlined in the tariff do not apply. 2, In the event a governmental body does not budget or appropriate sufficient funding to pay for the services provided for in the Contract Service Arrangement Agreement ("Agreement"), then and in that event, the Agreement shall be terminated immediately, the Augusta Richmond County shall pay full nonrecurring charges as identified below, and the Augusta Richmond County shall be released and relieved from any further financial responsibility under the terms of the Agreement, except for plyment for services rendered prior to the effective date of the non-funding by the governmental body: Contract Preparation Charge - USOC WGGVF- $225,00 Access Line - USOC lLDlE- $875,00, each Interface - USOC PR71V- $110.00, each B-Channel- USOC PR7BV- $ 5.00, each 3, Apply five End User Common Line Charges for each Primary Rate Interface, 4. Other rate elements used in the provision of the service may not have been listed herein but can be found in the appropriate BellSouth tariff. 5, All documents, including contracts, agreements, or reports in any form or medium shall be treated in accordance with requirements of the Georgia Open Records Act. All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 "'1.....:... PRlV A TElPROPRlET AR Y CONTAINS PRlVATE AND/OR PROPRlETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTTEN AGREEMENT. Page 7 of7 BellSouth@ Winning Choice Plus(SM) Program The undersigned Customer desires to participate in BellSouth@ Winning Choice Plus(SM) Program ("Program") and agrees to the following: 1, The Program is available to any business customers who order Qualifying Services, Services qualifying for this promotion are 1 FBs, BellSouth@ Centrex Services, Megalink, PBX trunks, PRI, Frame Relay, Hunting and Features not subject to a Contract Service Arrangement or other program or promotion ("Qualifying Services"), Customers may order one or any combination of the Qualifying Services to be eligible for the Program, 2, Customers who enroll in the Program will have the non-recurring installation charge and the first month's recurring charge waived on Qualifying Services, Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs, 3, Customer agrees to maintain all Qualifying Services purchased under this Agreement for a minimum of 12 months at the applicable rates filed in Company's tariffs, 4, Should Customer terminate any of the Qualifying Services purchased under this Agreement before the 12-month minimum term expires for reasons other than BellSouth's material breach, Customer shall reimburse BellSouth for the installation and monthly recurring charges that were waived for the affected Services as part of this Program and shall pay any other applicable termination charges as described in BellSouth's tariffs, 5. Customer may assign this Agreement to a certified reseller of BellSouth local services that executes a written document agreeing to assume all requirements of this Agreement. 6, The Services are for the use of Customer, its employees or members of Customer's establishment and may be extended for use by other individuals with prior written consent of Company, Except as otherwise provided herein, or otherwise authorized by Company, the Services are intended only for communication in which the Customer has a direct interest and shall not be used for any purpose for which a payment or other compensation shall be received by Customer from any other person, firm, or corporation. 7. The term of this Agreement shall be 12 months from the date the initially ordered Qualifying Services are installed. 8, BellSouth@ Winning Choice Plus(SM) Program is only available during the promotion period from July 1 through December 31, 2003, 9, This Agreement shall be construed in accordance with the laws of the Statl') of Georqia 10, This Agreement is effective when executed by Customer and accepted by BellSouth and the Qualifying Services ordered hereunder are subject to and controlled by the applicable provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. r( ::ST~ Print Name 13ol., Title N\.~ 0 Date .,,'~," 112...f{J O~ By: Lf?fJAfj !J YnMCiL~ . Print Name /t.Jj)JY:..Y iJ, flO/2,AtJSk.1 Title IJI!P. C~ DJ:! {!.DHHIS's/OJ Date /~ -~/- 0.9 BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. By: ~<Z-- ~ Print Name ~off-G, [:h".VIS Title "6::J.es. No-~C<.. l2--'3l-0~ Date --4 ~, Winning Choice 8State3Q2003V1,1 BellSouth@ Business Premium Rewards Program Term Agreement The undersigned Subscriber desires to participate in the BellSouth@ Business Premium Rewards Program (the "Program") and agrees to the following: 1. Subscriber is an existing BellSouth Telecommunications, Inc. ("BeIlSouth")'business service subscriber and agrees to maintain service with BellSouth for twenty-four (24) months or thirty-six (36) months from the Enrollment Date in the Program, which shall be determined by the first billing cycle in which the reward appears following the date in which Subscriber signs this agreement. 2. Subscriber agrees to the following term and reward schedule (Please check one): J Monthly Qualifying TBR 0 Twenty-Four (24) Month Term [Y Thirty-six (36) Month Term 10% Monthly Reward 15% Monthly Reward Minimum $75 - Maximum $21,000 (Not to Exceed $2,100) (Not to Exceed $3.150) Hunting Reward 50% Monthly Reward on Hunting 100% Monthly Reward on Hunting 3. Total Billed Revenues ("TBR") qualifying for the Program will include new and existing regulated BellSouth services enrolled in this Program as identified by the list of Billed Telephone Numbers (BTN's) on Attachment A of this agreement. The total eligible revenue consists of all total billed BellSouth charges (recurring, non-recurring and usage) for regulated services excluding those associated with hunting services, any other BellSouth program or CSA (except BellSouth@ Centrex Build and Buy Promotion), and: taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and charges collected on behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service). Program rewards will be applied as a monthly credit in the OC&C section of the BellSouth bill. 4. Applicable taxes and fees will be based on the full retail price of all products and services. No taxes or fees will be added to the amount of any reward under this Program. 5. Should Subscriber terminate all services with BellSouth subject to this Program prior to the selected term, Subscriber must reimburse BellSouth for all rewards received prior to the date of such termination (except in Tennessee). This termination charge will appear on Subscriber's final bill as a charge in the OC&C section. 6. For service provided in Tennessee, should Subscriber terminate this tariff term plan without cause prior to the expiration of this term plan, Subscriber shall pay a termination charge as specified in BellSouth tariffs (Section A2.4.1 0.E.1 and B2.4,9.A.4, available at http://cpr.bellsouth.comlpdf/tn/tn,htm), Subscriber may request a calculation of the termination charge at any time during the term of this contract. Based on the information available at the start of this contract, at the end of the first six (6) months of the contract period and for each six (6) month period thereafter, the estimated amount of the termination liability charge will be $XXX.XX. Should Subscriber elect to terminate this contract prior to the expiration date without cause, the actual termination charge will be calculated In accordance with the tariffs referenced above and based on information available at the time of termination, 7, When services are being provided to a govemmental entity and funding for such services becomes unavailable, Subscriber may cancel the services without additional payment obligation; provided, however, that if Subscriber cancels the services for any reason other than the unavailability of funds, the early termination liability provisions above shall apply. 8. This agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs. . ~8Y BELLSOUTH TELECOMMUNICATIONS, INC, By: ~usiness Systems, Inc. . . By: ~-~ Print Name: ~I\ G - (")., .uS'" Title: ~j,K2 5 {V\D. ^./n.-8,P'\( TItI~ A V Date: \ "t,..~O? 8y:"'fJ()&~I~~= Pron-t Name:--' '., '~t!.\.1 d}, 1'10 I - - ~ Title: bI!P~fDii2j(- ;Jj: WNHIS81cxJ Date: /.[2 - ~/- O~ Business Address: ~O(P HI.);JICIj)~ l?)...J:X]., City/State: AUGUS TIJ ~IJ Business Phone: ('lad ::!),/ - /Rc2D -, Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. BellSouth@ Business Premium Rewards 3Q03 V1.2 -; CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc" a Georgia corporation, d/b/a BellSouth, ("Company") and Augusta ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein, 1, Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions describ~d in the Attachment(s) are binding upon Company and Subscriber 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 the date upon which installation of the service is completed. . 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services. 3, 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 shall be included in the provision of this service, The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, 4, This Agreement may be subject to the appropriate regulatory 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, If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the executioh of this Agreement by Subscriber and Company, Subscriber 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,The rates, charges, and conditions described in the Attachment(s) may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth, If so, Subscriber agrees to be bound by the information provided to Company, Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements, PRIVATE/PROPRIETARY CONTAfNS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT.. Page I of 12 ., CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 7, (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges, Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s), 7 , (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges, However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8, This Agreement shall be construed in accordance with the laws of the State of Georgia, 9. 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 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. Comoanv BellSouth Telecommunications, mc, Assistant Vice President 440 Walker St Augusta, GA 30910 Subscriber Augusta 530 Greene St., Suite 801 Augusta,"GA 30911 10. Subscriber 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 tariff. T.....: . PRNAT~PROP~ETARY CONT AfNS P~V A TE AND/OR PROPRIETARY INFORM A nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~ITEN AGREEMENT.. Page 2 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 11, In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule oflaw, then such provisions shall be considered inoperative to ,the extent of such invalidity, illegality, or unenforceability al'td the remainder of this Agreement shall continue in full force and effect. "!!vt... P~VAT~ROP~ETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~lTEN AGREEMENT.. Page 3 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 Offer Expiration: This offer shall expire on: 4/1/04. Estimated service interval following acceptance date: Negotiable weeks, Service description: Contract Service Arrangement to provide rates and charges for BellSouth@ Centrex service served from a DMS central office, This agreement is for thirty-six. (36) months with one thirty-six (36) month renewable option. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions, Subscriber 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. Acceptance of any Order by Company is subject to Company's credit and other approvals, This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement. ~";-:-'. PRNATWPROPRlliTARY CONTAINS PRN ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 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: SUbSCriber:~ Augusta /\JJJ By: tf- Authorized Signature / ayor of Printed Name: ~b l. '1 cI (.0. ... ~ Date: t-..:zJ ~ \ \ O~ sta ::. ,,- .:{ By: " ign:~..4 Clerk of County Commission , """-< ::. Printed ~a.me: IJlflJC Y tJ. NORAtJSkJ ~-,,"~/-~ Date: Company: BellSouth Telecommunications, Inc, By: Be~outh Business Systems, Inc. By: ~s._~ Authonzed Signature Printed Name: S tLOtt f:. - ~I.JlS Title: '"'5Ot...-\~-'S N\().J.J~Q-R.... Date: t 2-~ 3 \ -0:' ~.I'.-'- P~VAT&PROP~ETARY CONTAINS PRlV ATE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option I of I RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1. BellSouth@ Centrex service, Payment $600,00 - $250,00 MIACS Plan 5, Standard common equipment (a) Each (Note 5) 2, BellSouth@ Centrex service, Payment $750,00 $250.00 M1ACC Plan 5, Common equipment customized by the Company at the subscriber's request (Notes 4, 5) (a) Each 3. BellSouth@ Centrex service, $950,00 $,00 CCXEN BellSouth@ Centrex Control, Service Establishment, Initial setup (Notes 4, 5) (a) Per System 4. BellSouth@ Centrex service, $19.50 $3.95 CENCA BellSouth@ Centrex Control, Per Line, Initial Setup (Notes 4, 5) (a) Each station line, Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control 5, BellSouth@ Centrex service, Payment $.00 $7,00 M4LF A Plan 5, Station Links, Flat Rate (Notes 2,3) (a) Each 6, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFB Plan 5, Station Links for 800 Service Termination, Flat Rate (Notes 2, 3) (a) Each 7, BellSouth@ Centrex service, Payment $,00 $7,00 M4LFC Plan 5, Station Links Terminated on Electronic Business Sets/PSET (DMS- vc'100 only), Flat Rate (Notes 2,3,4) (a) Each 8, BellSouth@ Centrex service, Payment $.00 $7,00 M4LFD Plan 5, Station Links Terminated on Electronic Business Sets/M5009 (DMS- 100 only), Flat Rate (Notes 2, 3,4) (a) Each PRlV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTIEN AGREEMENT. Page 6 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 RATES AND CHARGES 9, BellSouth@ Centrex service, Payment $,00 $7,00 M4LFE Plan 5, Station Links Terminated on Electronic Business SetsIM5209 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 10, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFF Plan 5, Station Links Terminated on Electronic Business SetsIM5112 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 11, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFG Plan 5, Station Links Terminated on Electronic Business SetsIM5312 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 12. BellSouth@ Centrex service, Payment $.00 $7,00 M4LFT Plan 5, Station Links Terminated on Electronic Business SetsIM5008 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 13, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFU Plan 5, Station Links Terminated on Electronic Business SetsIM5208 (DMS- 100 only), Flat Rate (Notes 2, 3,4) (a) Each 14, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFY Plan 5, Station Links Terminated on Electronic Business SetsIM5216 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 15. BellSouth@ Centrex service, Payment $,00 $7,00 M4LF3 """"Plan 5, Station Links Terminated on Electronic Business SetsIM5316 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 16, BellSouth@ Centrex service, Payment $,00 $7,00 M4LFH Plan 5, Station Links Equipped with Caller ill, Flat Rate (Notes 2, 3, 4) P~VAT~ROP~ETARY CONTAINS PRIVATE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 7 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 RATES AND CHARGES (a) Each 17, BellSouth@ Centrex service, Payment $,00 $7.00 M4LFW Plan 5, Station Links Equipped with Caller ill and Message Waiting Lamp Indication (DMS-IOO only), Flat Rate (Notes 2, 3, 4) (a) Each 18, BellSouth@ Centrex service, Payment $,00 $7,00 M4LFJ Plan 5, Station Links Equipped for Message Waiting Lamp Indication (DMS-IOO only), Flat Rate (Notes 2,3, 4) (a) Each 19, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFM Plan 5, Station Links for Provision in a Different Serving Wire Center, Flat Rate (Notes 2, 3, 4) (a) Each 20, BellSouth@ Centrex service, Payment $.00 $7.00 M4LFO Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/PSET (DMS- 100 only), Flat Rate (Notes 2, 3,4) (a) Each 21, BellSouth@ Centrex service, Payment $,00 $7,00 M4LFP Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetsIM5009 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 22, BellSouth@ Centrex service, Payment $,00 $7.00 M4LFQ Plan 5, Station Links for Provision in a -"'-Different Serving Wire Center for Electronic Business SetsIM5209 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 23, BellSouth@ Centrex service, Payment $,00 $7.00 M4LFR Plan 5, Station Links for Provision in a Different Serving Wire Center for PRIV A TElPROPRlETARY 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 12 . . CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option I of I RATES AND CHARGES Electronic Business Sets/M5112 (DMS- 100 only), Flat Rate (Notes 2, 3,4) (a) Each 24, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5312 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $.00 $7,00 M4LFS 25, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5008 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $.00 $7.00 M4LF4 26. BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5208 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $,00 $7.00 M4LF5 27, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5216 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each $.00 $7.00 M4LF6 28. BellSoutb@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5316 (DMS- 100 only), Flat Rate (Notes 2, 3,4) (a) Each $,00 $7,00 M4LF7 ".";:." 29, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate (Notes 2, 3,4) (a) Each $.00 $7,00 M4LFZ P~VA~ROP~ETARY CONTAINS PRN A TE AND/OR PROP~ET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlITEN AGREEMENT. Page 9 of 12 . , CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 RATES AND CHARGES 30, BellSouth@ Centrex service, Payment $,00 $,00 M4LF9 Plan 5, Station Links Termination on MegaLink<ID service, LightGate@ service, or Equivalent Services, Flat Rate (Notes 2,3) (a) Each 31. BellSouth@ Centrex service, Payment $,00 $.00 M4LF2 Plan 5, Station Links Termination on MegaLink<ID service, LightGate@ service, or Equivalent Services for 800 service Termination, Flat Rate (Notes 2, 3) (a) Each 32. BellSouth@ Centrex service, Payment $.00 $7.00 MIFNX Plan 5, Bridged Links (Notes 2, 3, 4) (a) Located on different premises from station link on non-continuous property, each 33, BellSouth@ Centrex service, Payment $.00 $7,00 MIFCX Plan 5, Bridged Links (Notes 2,3,4) (a) Located on different premises from station link on same continuous property, each 34, BellSouth@ Centrex service, Payment $,00 $7,00 MIFEX Plan 5, Extended Bridged Links (Notes 2, 3, 4) (a) Extended to different premises, different. serving wire center, each 35, BellSouth@ Centrex service, Systems $75.00 $,00 M2ADA Communication Service, System Abbreviated Dialing Capability for 100 ",'"Numbers (a) Per system (Notes 4, 5) 36. BellSouth@ Centrex service, Network $,00 $20,00 M9QCX Access Register (NAR) Package, per NAR (a) Both-way, Flat Rate PRNAT8PROP~ETARY CONTAINS PRN ATE AND/OR PROP~ETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 10 of 12 . . . CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option I of I RATES AND CHARGES 37. BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Inward, Flat Rate $,00 $20,00 M9QIX 38, BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Outward, Flat Rate $,00 $20.00 M9QOX "'/';'. PRNAT~ROPRffiTARY CONTAINS PRN A TE AND/OR PROPRffiTARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 11 of 12 . . . CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8855-02 Option 1 of 1 RATES AND CHARGES NOTES: 1. Other rate elements used in the provision of the service may not have beetllisted herein but can be found in the appropriate BellSouth Tariff. 2, This Agreement is based on a weighted average loop length of 4,23 miles, If the weighted average loop length exceeds 4,75 miles the Agreement will be subject to review and re- negotiation, 3, Payment Plan designation is for provisioning purposes only, 4. The appropriate tariff notes associated with each rate element apply as specified in the GSST. 5. In the event a governmental body does not budget or appropriate sufficient funding to pay for the services provided for in the Contract Service Arrangement Agreement ("Agreement"), then and in that event, the Agreement shall be terminated immediately, the Augusta Rieflnl.8FlG CeHflfy'" shall pay full nonrecurring charges as identified below, and the Augusta Richmond County shall be released and relieved from any further financial responsibility under the terms of the Agreement, except for payment for services rendered prior to the effective date of the non- funding by the governmental body: Contract Preparation Charge (single charge) BellSouth@ Centrex features (CENCA - up to 12 lines), each Standard Common Equipment (USOC MIACS), each, or Customized Common Equipment (USOC M 1 ACe) each Customer Control (USOC COffiN), per system SCS for 100 numbers (USOC M2ADA), per system Line Connection, first (qty. of 1) Line Connection, Additional (up to 11 lines) $207.00 $ 19,50 $600,00 $750.00 $950.00 $ 75.00 $ 58.25 $ 30,00 6, All documents, including contracts, agreements, or reports in any form or medium shall be treated in accordance with requirements of the Georgia Open Records Act. @BellSouth is a registered trademark of BellSouth Intellectual Property Corporation, END OF ARRANGEMENT AGREEMENT OPTION 1 PRIV A TElPROPRlETARY CONT ArNS PRIVATE AND/OR PROPRlET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTIEN AGREEMENT. Page 12 of 12 ;. ;,. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, lnc" a Georgia corporation, d/b/a BeIlSouth, ("Company") and Augusta ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein, 1, Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions described in the Attachment(s) are binding upon Company and Subscriber 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 the date upon which installation of the service is completed, 2, Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services, 3, 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 ofthe 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 shall be included in the provision of this service, The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, 4, This Agreement may be subject to the approIriate regulatory 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, If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber 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,"The rates, charges, and conditions described in the Attachment(s) may be based upon info~ation supplied to Company by the Subscriber, including but not limited to forecasts of growth, If so, Subscriber agrees to be bound by the information provided to Company, Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements, PRIVATEJPROPRIETARY CONT AlNS PRIVATE AND/OR PROPRIETARY lNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRIITEN AGREEMENT.. Page 1 of9 ; , CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 7, (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges, Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s), 7. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Georgia, 9. 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 below, Either party hereto may change the name and address to whom all notices or other documents required tmder this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice President 440 Walker St Augusta, GA 30910 Subscriber Augusta 530 Greene St., Suite 801 Augusta, 9A 30911 10. Subscriber 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 tariff. PRlY A TE/PROPRlET ARY CONTAINS PRlV A TE AND/OR PROPRlET ARY lNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTIEN AGREEMENT.. Page 2 of9 , ' CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 11, In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule oflaw, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. ~ ~,,",~-" PRIV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.. Page 3 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 Offer Expiration: This offer shall expire on: 4/1/04. Estimated service interval following acceptance date: Negotiable weeks. Service description: Contract Service Arrangement to provide rates and charges for BellSouth@ Centrex service served from a IAESS central office, This agreement is for thirty-six (36) months with one thirty-six (36) month renewable option. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions, Subscriber 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. Acceptance of any Order by Company is subject to Company's credit and other approvals. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement. .....1':.. PRIV A TElPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 40f9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 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: Subscriber: Augusta ~ ~ cfBY Printed Name: Authorized Signature Mayor of -g.\.. I" CL" 1 ~ 0",> Date: , L/ '{-" / 1 L/ :' By: / )a~~'- tU. /nt9'>auJ. ~ - A~hOri~ Si~a~b/ Clerk of County Commission Printed Name: /J,L)iJCY IJ. J10R./.;tJ.<;'k'J Date: 1/2 - ~ 1- {2g Company: BellSouth Telecommunications, Inc, By: BellSouth Business Systems, Inc, BY:~~ ~~ ~ Authorized Signature Printed Name: S~<Q~ E, Do-v (~ Title: :5o\e.s ~~'l.. Date: \ 2:-~ \ - O~ .....;... P~VAT~ROP~ETARY CONT AlNS P~V A TE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1. BellSouth@ Centrex service, Payment $600,00 $250.00 M1ACS Plan 5, Standard common equipment (a) Each (Note 5) 2, BellSouth@ Centrex service, Payment $750,00 $250,00 M1ACC Plan 5, Common equipment customized by the Company at the subscriber's request (Notes 4, 5) (a) Each 3. BellSouth@ Centrex service, $950:00 $,00 CCXEN BellSouth@ Centrex Control, Service Establishment, Initial setup (Notes 4, 5) (a) Per System 4. BellSouth@ Centrex service, $19.50 $3,95 CENCA BellSouth@ Centrex Control, Per Line, Initial Setup (Notes 4, 5) (a) Each station line, Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control 5. BellSouth@ Centrex service, Payment $,00 $13,19 M4LF A Plan 5, Station Links, Flat Rate (Notes 2,3) (a) Each 6, BellSouth@ Centrex service, Payment $,00 $13.19 M4LFB Plan 5, Station Links for 800 Service Termination, Flat Rate (Notes 2, 3) (a) Each- 7. BellSouth@ Centrex service, Payment $,00 $13.19 M4LFH Plan 5, Station Links Equipped with Caller ill, Flat Rate (Notes 2, 3, 4) (a) Each 'O."'[:.,t- 8, BellSouth@ Centrex service, Payment $,00 $13,19 M4LFW Plan 5, Station Links Equipped with Caller ill and Message Waiting Lamp Indication (DMS-lOO only), Flat Rate (Notes 2, 3,4) (a) Each PRIV A TElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 60f9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 RATES AND CHARGES 9, BellSouth@ Centrex service, Payment $.00 $13,19 M4LFM Plan 5, Station Links for Provision in a Different Serving Wire Center, Flat Rate (Notes 2, 3, 4) (a) Each 10, BellSouth@ Centrex service, Payment $.00 $13.19 M4LFZ Plan 5, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate (Notes 2, 3,4) (a) Each 11, BellSouth@ Centrex service, Payment $,00 $,00 M4LF9 Plan 5, Station Links Termination on MegaLink@ service, LightGate@ service, or Equivalent Services, Flat Rate (Notes 2, 3) (a) Each 12. BellSouth@ Centrex service, Payment $.00 $,00 M4LF2 Plan 5, Station Links Termination on MegaLink@ service, LightGate@ service, or Equivalent Services for 800 service Termination, Flat Rate (Notes 2, 3) (a) Each 13, BellSouth@ Centrex service, Payment $,00 $13,19 MIFNX Plan 5, Bridged Links (Notes 2,3,4) (a) Located on different premises from station link on non-continuous property, . each 14, BellSouth@ Centrex service, Payment $,00 $13,19 MIFCX Plan 5, Bridged Links (Notes 2, 3, 4) (a) Located on different premises from 1'-.";-:'" station link on same continuous property, each 15, BellSouth@ Centrex service, Payment $,00 $13,19 MIFEX Plan 5, Extended Bridged Links (Notes 2, 3,4) (a) Extended to different premises, P~VATBPROP~ETARY CONTAINS P~V A TE AND/OR PROP~ETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 7 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 RATES AND CHARGES different serving wire center, each 16, BellSouth@ Centrex service, Systems Communication Service, System Abbreviated Dialing Capability for 100 Numbers (a) Per system (Notes 4,5) $75,00 $,00 M2ADA 17. BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) Both-way, Flat Rate $,00 $20,00 M9QCX 18, BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Inward, Flat Rate $,00 $20,00 M9QIX 19, BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Outward, Flat Rate $.00 $20,00 M9QOX ""1...~ :." PRNAT~ROProETARY CONT AfNS PRIVATE AND/OR PROProET ARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPAN1ES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 80f9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8843-03 Option 1 of 1 RA TES AND CHARGES NOTES: 1, Other rate elements used in the provision of the service may not have been listed herein but can be found in the appropriate BellSouth Tariff. .. 2. This Agreement is based on a weighted average loop length of2.43 miles, If the weighted average loop length exceeds 3,25 miles the Agreement will be subject to review and re- negotiation, 3, Payment Plan designation is for provisioning purposes only, 4, The appropriate tariff notes associated with each rate element apply as specified in the GSST, 5, In the event a governmental body does not budget or appropriate sufficient funding to pay for the services provided for in the Contract Service Arrangement Agreement ("Agreement"), then and in that event, the Agreement shall be terminated immediately, the Augusta Richmond County shall pay full nonrecurring charges as identified below, and the Augusta Richmond County shall be released and relieved from any further financial responsibility under the terms of the Agreement, except for payment for services rendered prior to the effective date of the non- funding by the governmental body: Contract Preparation Charge (single charge) BellSouth@ Centrex features (CENCA - up to 137 lines), each Standard Common Equipment (USOC MIACS), each, or Customized Common Equipment (USOC MIACC) each Customer Control (USOC CCXEN), per system SCS for 100 numbers (USOC M2ADA), per system Line Connection, first (qty. of 1) Line Connection, Additional (up to 136 lines) $207,00 $ 19,50 $600,00 $750.00 $950.00 $ 75,00 $ 58.25 $ 30.00 6. All documents, including contracts, agreements, or reports in any form or medium shall be treated in accordance with requirements of the Georgia Open Records Act. @BellSouth is a registered trademark of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 -:"...:'":..... PRIV A TEJPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 90f9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, mc" a Georgia corporation, d/b/a BellSouth, ("Company") and Augusta ("Customer or Subscriber"), and is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff, This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1, Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"), The rates, charges, and conditions described in the Attachment(s) are binding upon Company and Subscriber 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 the date upon which installation of the service is completed. 2, Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services. 3, 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 tariffrates and charges shall be included in the provision of this service, The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, 4, This Agreement may be subject to the appropiate regulatory 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. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber 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. The rates, charges, and conditions described in the Attac~entc'sfm~y'6~'bas~'~ilp6ri '.' f.. informafion supplied to Company by the Subscriber, including but not limited to forecasts of growth, If so, Subscriber agrees to be bound by the information provided to Company, Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements, PRlV A TElPROPRlET ARY CONTAINS PRlV A TE AND/OR PROPRlETARY INFORMATION, MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUAN~T TO A WRlTTEN AGREEMENT.. Page lofl2; CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 7, (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges, Unless otherwise specified by the tariff, termination charges are defmed as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s). 7, (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges, However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8, This Agreement shall be construed in accordance with the laws of the State of Georgia. 9. 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 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, Companv BellSouth Telecommunications, Inc, Assistant Vice President 440 Walker St Augusta, GA 30910 Subscriber Au~sta I 530 Greene St., Suite 801 Aug{ista, GA 30911 t: . 10. Subscr'iber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions co.ntained in the appropriate tariff . . ~ '0"'0--; . P~VAT~ROP~ETARY .. . CONTArNS P~VATE AND/ORPROP~ETARY rNFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TIEN AGREEMENT.. Page 2 of 12 ^' ~'. .. .' CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 11. In the event that one or more cif the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. -:t....'[:.r: P~VAT8PROP~ETARY CONTAINS P~V A TE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT.. Page 3 of 12 CONTRACTSER~CEARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option I of I Offer Expiration: This offer shall expire on: 4/1/04, Estimated service interval following acceptance date: Negotiable weeks, Service description: Contract Service Arrangement to provide rates and charges for BellSouth@ Centrex service served from a DMS central office, This agreement is for thirty-six (36) months with one thirty-six (36) month renewable option, Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber 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. Acceptance of any Order by Company is subject to Company's credit and other approvals. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement. ....;,..~':"-~':' PRIV A TPlPROPRIETARY 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 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option I of I 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: Subscriber: Augusta Printed Name: ~ Authorized Signature Mayor f ~~ ~~tAkl ,t.\~, 0, cfBY Date: - ::~y: · YJf2itt-1J mm~; Auth~riz~ Sigriatuz~Flerk of County Commission Printed ~me:'~, ;U1?UCY IJ. /tfOM~/ - Date: /fL -~/- OJ Company: BeIISouth Telecommunications, Inc, By: eIISouth Business Systems, Inc. By: uthorized Signature Printed Name: ScOt\(;.. CCw\~ Title: SCl\e-0 ~N~fL Date: \2..-~ I-O~ '::..1.....:.:.;. PRIV A TElPROPRIET 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 5 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RA TES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1. BellSouth@ Centrex service, Payment $600.00 $250,00 M1ACS Plan 5, Standard common equipment (a) Each (Note 5) 2, BellSouth@ Centrex service, Payment $750,00 $250,00 M1ACC Plan 5, Common equipment customized by the Company at the subscriber's request (Notes 4, 5) (a) Each 3, BellSouth@ Centrex service, $950,00 $,00 COffiN BellSouth@ Centrex Control, Service Establishment, Initial setup (Notes 4, 5) (a) Per System 4, BellSouth@ Centrex service, $19.50 $3,95 CENCA BellSouth@ Centrex Control, Per Line, Initial Setup (Notes 4, 5) (a) Each station line, Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control 5, BellSouth@ Centrex service, Payment $.00 $7,25 M4LFA Plan 5, Station Links, Flat Rate (Notes 2,3) (a) Each 6. BellSouth@ Centrex service, Payment $.00 $7,25 M4LFB Plan 5, Station Links for 800 Service Termination, Flat Rate (Notes 2, 3) (a) 1ach. 7, BellSouth@ Centrex service, Payment $,00 $7.25 M4LFC Plan 5, Station Links Terminated on Electronic Business Sets/PSET (DMS- 100 only), Flat Rate (Notes 2,3,4) e",,{a) Each 8, BellSouth@ Centrex service, Payment $,00 $7,25 M4LFD Plan 5, Station Links Terminated on Electronic Business Sets/M5009 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each PRIV A TElPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RATES AND CHARGES 9, BellSouth@ Centrex service, Payment $,00 $7,25 M4LFE Plan 5, Station Links Terminated on Electronic Business Sets/M5209 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 10, BellSouth@ Centrex service, Payment $,00 $7.25 M4LFF Plan 5, Station Links Terminated on Electronic Business Sets/M5112 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 11, BellSouth@ Centrex service, Payment $.00 $7.25 M4LFG Plan 5, Station Links Terminated on Electronic Business Sets/M5312 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 12, BellSouth@ Centrex service, Payment $,00 $7,25 M4LFT Plan 5, Station Links Terminated on Electronic Business Sets/M5008 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 13, BellSouth@ Centrex service, Payment $.00 $7,25 M4LFU Plan 5, Station Links Terminated on Electronic Business Sets/M5208 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 14. BellSouth@ Centrex service, Payment $,00 $7,25 M4LFV Plan 5, Station Links Terminated on Electronic Business Sets/M5216 (DMS- 100' only), Flat Rate (Notes 2, 3,4) (a) Each 15, BellSouth@ Centrex service, Payment $,00 $7,25 M4LF3 Plan 5, Station Links Terminated on ....,,,Electronic Business Sets/M5316 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 16, BellSouth@ Centrex service, Payment $,00 $7.25 M4LFH Plan 5, Station Links Equipped with Caller ill, Flat Rate (Notes 2,3,4) PRlV A TFJPROPRlET ARY CONTAINS PRlV ATE AND/OR PROPRlETARY INFORMATION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTIEN AGREEMENT. Page 7 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RATES AND CHARGES (a) Each 17. BellSouth@ Centrex service, Payment $,00 $7.25 M4LFW Plan 5, Station Links Equipped with Caller ill and Message Waiting Lamp Indication (DMS-I00 only), Flat Rate (Notes 2, 3, 4) (a) Each 18, BellSouth@ Centrex service, Payment $,00 $7,25 M4LFJ Plan 5, Station Links Equipped for Message Waiting Lamp Indication (DMS-I00 only), Flat Rate (Notes 2,3, 4) (a) Each 19. BellSouth@ Centrex service, Payment $,00 $7.25 M4LFM Plan 5, Station Links for Provision in a Different Serving Wire Center, Flat Rate (Notes 2, 3,4) (a) Each 20, BellSouth@ Centrex service, Payment $,00 $7,25 M4LFO Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetslPSET (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 21. BellSouth@ Centrex service, Payment $.00 $7,25 M4LFP Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5009 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 22, BellSouth@ Centrex service, Payment $,00 $7.25 M4LFQ Plan 5, Station Links for Provision in a Different Serving Wire Center for ",,'c:Electronic Business SetsIM5209 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each 23. BellSouth@ Centrex service, Payment $.00 $7,25 M4LFR Plan 5, Station Links for Provision in a Different Serving Wire Center for PRlV A TFJPROPRlETARY CONTAINS PRlV A TE AND/OR PROPRlET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTTEN AGREEMENT. Page g of12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RATES AND CHARGES Electronic Business SetsIM5112 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each 24, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetsIM5312 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $.00 $7,25 M4LFS 25. BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetsIM5008 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each $,00 $7.25 M4LF4 26, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetsIM5208 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $,00 $7,25 M4LF5 27, BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for Electronic Business SetsIM5216 (DMS- 100 only), Flat Rate (Notes 2, 3, 4) (a) Each $,00 $7.25 M4LF6 28. BellSouth@ Centrex service, Payment Plan 5, Stlltion Links for Provision in a Different Serving Wire Center for Electronic Business Sets/M5316 (DMS- 100 only), Flat Rate (Notes 2,3,4) (a) Each $.00 $7,25 M4LF7 29,..~BellSouth@ Centrex service, Payment Plan 5, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate (Notes 2, 3,4) (a) Each $,00 $7.25 M4LFZ P~VAT&TROP~ETARY CONTAINS P~V A TE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 9 of 12 PRIVATElPROPRlETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlITEN AGREEMENT. Page 10 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RATES AND CHARGES 37. BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Inward, Flat Rate $,00 $20,00 M9QIX 38, BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Outward, Flat Rate $,00 $20,00 M9QOX 7_"~~. P~VATBTROP~ETARY CONTAINS P~V A TE AND/OR PROP~ET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 11 of12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8821-02 Option 1 of 1 RATES AND CHARGES NOTES: 1, Other rate elements used in the provision of the service may not have been listed herein but can be found in the appropriate BellSouth Tariff. - 2, This Agreement is based on a weighted average loop length of 0,9 mile. If the weighted average loop length exceeds 1,75 miles the Agreement will be subject to review and re- negotiation, 3, Payment Plan designation is for provisioning purposes only, 4. The appropriate tariff notes associated with each rate element apply as specified in the GSST, 5, In the event a governmental body does not budget or appropriate sufficient funding to pay for the services provided for in the Contract Service Arrangement Agreement ("Agreement"), then and in that event, the Agreement shall be terminated immediately, the Augusta Richmond County shall pay full nonrecurring charges as identified below, and the Augusta ~ehm8Ha C8MHEy shall be released and relieved from any further financial responsibility under the terms of the Agreement, except for payment for services rendered prior to the effective date of the non- funding by the governmental body: Contract Preparation Charge (single charge) BellSouth@ Centrex features (CENCA - up to 586 lines), each Standard Common Equipment (USOC MlACS), each, or Customized Common Equipment (USOC MlACC) each Customer Control (USOC CCXEN), per system SCS for 100 numbers (USOC M2ADA), per system Line Connection, first (qty. of 1) Line Connection, Additional (up to 585 lines) $207,00 $ 19.50 $600,00 $750,00 $950,00 $ 75.00 $ 58,25 $ 30.00 6, All documents, including contracts, agreements, or reports in any form or medium shall be treated in accordance with requirements of the Georgia Open Records Act. @BellSouth 18 a registered trademark of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 ... .",~ . PRIV A TFlPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT. Page 12 of 12 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8831-02 This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and Augusta ("Customer or Subscriber"), and is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein, 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"), The rates, charges, and conditions described in the Attachment(s) are binding upon Company and Subscriber for the duration ofthis 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 ofthe determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service, Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services, 3, 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 shall be included in the provision of this service, The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, 4, This Agreement may be subject to the appropiate regulatory 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, If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs ihcurred 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, The rates, charges, and conditions described in the Attachment(s) may be based upon inforrilMion supplied to Company by the Subscriber, including but not limited to forecasts of growth, If so, Subscriber agrees to be bound by the information provided to Company, Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements, PRNATBPROP~ETARY CONTAINS P~V A TE AND/OR PROP~ET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TIEN AGREEMENT.. Page 1 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8831-02 7, (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges, Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s), 7, (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges, However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8, This Agreement shall be construed in accordance with the laws of the State of Georgia, 9, 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 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. ' Comoanv BellSouth Telecommunications, Inc. Assistant Vice President 440 Walker St Augusta, GA 30910 Subscriber Augusta 530 Greene St., Suite 801 Augusta, GA 30911 10, Subscriber 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 tariff, ....J: . PRNAT&TROP~ETARY CONT AlNS PRIVATE AND/OR PROP~ETARY lNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.. Page 2 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883 1-02 11, In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. - ~....; . PRIV A TElPROPRIET ARY CONT AlNS PRIVATE AND/OR PROPRIETARY lNFORMA TION. MA Y NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT.. Page 3 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883 1-02 Option 1 of 1 Offer Expiration: This offer shall expire on: 4/1/04, Estimated service interval following acceptance date: Negotiable weeks, Service description: Contract Service Arrangement to provide rates and charges for BellSouth@ Centrex service served from a lAESS central office. This agreement is for thirty-six (36) months with one thirty-six (36) month renewable option. Subscriber aclmowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions, Subscriber 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. Acceptance of any Order by Company is subject to Company's credit and other approvals, This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber 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 they have the authority to bind Subscriber and Company to this Agreement. ~-:'":..~' PRIV A TElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITIEN AGREEMENT. Page 4 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883l-02 Option 1 of 1 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: Subscriber: Augusta fBY ~ ugusta Printed Name: Authorized Signature Ii Mayo ~ (. '" Co.... ~ \ 2 b1( 0"'1., Date: - ~-', ~..,. ~</ ~~: ~1~ it-). mt>>~) - Alltfiorlz'- 'Signature / Clerk of County Commission -" --,-- ~ . /!fIlA ;Printed~ Na;~: - V/))J(? Y . A) }10MtJSk,/ Date: J!2 - ~91 . O..B Company: BellSouth Telecommunications, Inc, By: BellSouth Business Systems, Inc, By: ~~ <Z:--,~ Authorized Signature Printed Name: S<.'ot\G .l()O.()I~ Title: ~ \P1"'> N\:U\}{1L.~.....l? Date: t2--~I-03 -.f>:'" PRNAT~RopmETARY CONTAINS pmv ATE AND/OR PRopmET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A wmTTEN AGREEMENT. Page 5 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883l-02 Option 1 of 1 RA TES AND CHARGES Rate Elements Non- Recurring Monthly Rate USOC 1. BellSouth@ Centrex service, Payment $600,00 $250,00 MlACS Plan 5, Standard common equipment (a) Each (Note 5) 2, BellSouth@ Centrex service, Payment $750,00 $250,00 MlACC Plan 5, Common equipment customized by the Company at the subscriber's request (Notes 4, 5) (a) Each 3, BellSouth@ Centrex service, $950.00 $,00 CCXEN BellSouth@ Centrex Control, Service Establishment, Initial setup (Notes 4, 5) (a) Per System 4. BellSouth@ Centrex service, $19.50 $3,95 CENCA BellSouth@ Centrex Control, Per Line, Initial Setup (Notes 4, 5) (a) Each station line, Company provisioned, subscriber provisioned, or converted from ECAS, DECAS, or Customer Control 5. BellSouth@ Centrex service, Payment $,00 $8.66 M4LF A Plan 5, Station Links, Flat Rate (Notes 2,3) (a) Each 6, BellSouth@ Centrex service, Payment $.00 $8.66 M4LFB Plan 5, Station Links for 800 Service Termination, Flat Rate (Notes 2, 3) (a) Each. 7. BellSouth@ Centrex service, Payment $,00 $8,66 M4LFH Plan 5, Station Links Equipped with Caller ill, Flat Rate (Notes 2, 3, 4) (a) Each -1....-:- 8. BellSouth@ Centrex service, Payment $.00 $8.66 M4LFW Plan 5, Station Links Equipped with Caller ill and Message Waiting Lamp Indication (DMS-lOO only), Flat Rate (Notes 2, 3, 4) (a) Each PRNAT&TROP~ETARY CONTAINS P~V A TE AND/OR PROP~ET ARY INFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT. Page 6 of9 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883 1-02 Option 1 of 1 RATES AND CHARGES 9. BellSouth@ Centrex service, Payment $,00 $8.66 M4LFM Plan 5, Station Links for Provision in a Different Serving Wire Center, Flat Rate (Notes 2, 3,4) (a) Each 10, BellSouth@ Centrex service, Payment $.00 $8,66 M4LFZ Plan 5, Station Links for Provision in a Different Serving Wire Center for 800 service Termination, Flat Rate (Notes 2, 3,4) (a) Each 11. BellSouth@ Centrex service, Payment $.00 $,00 M4LF9 Plan 5, Station Links Termination on MegaLink@ service, LightGate@ service, or Equivalent Services, Flat Rate (Notes 2, 3) (a) Each 12. BellSouth@ Centrex service, Payment $.00 $,00 M4LF2 Plan 5, Station Links Termination on MegaLink@ service, LightGate@ service, or Equivalent Services for 800 service Termination, Flat Rate (Notes 2, 3) (a) Each 13. BellSouth@ Centrex service, Payment $,00 $8,66 MIFNX Plan 5, Bridged Links (Notes 2,3,4) (a) Located on different premises from station link on non-continuous property, . each 14. BellSouth@ Centrex service, Payment $,00 $8.66 MIFCX Plan 5, Bridged Links (Notes 2,3,4) (a) Located on different premises from :-I,I~'. .. station link on same continuous property, each 15, BellSouth@ Centrex service, Payment $.00 $8,66 MIFEX Plan 5, Extended Bridged Links (Notes 2,3,4) (a) Extended to different premises, PRlV A TElPROPRlET ARY CONTAINS PRlVATE AND/OR PROPRlETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTTEN AGREEMENT. Page 70f9 ;, CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-883 1-02 Option 1 of 1 RA TES AND CHARGES different serving wire center, each 16. BellSouth@ Centrex service, Systems Communication Service, System Abbreviated Dialing Capability for 100 Numbers (a) Per system (Notes 4, 5) $75.00 $,00 M2ADA 17. BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) Both-way, Flat Rate $,00 $20.00 M9QCX 18. BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Inward, Flat Rate $,00 $20,00 M9Q1X 19, BellSouth@ Centrex service, Network Access Register (NAR) Package, per NAR (a) One-way Outward, Flat Rate $.00 $20.00 M9QOX 4 ~".- . PRIV A TFJPROPRIET AR Y CONT AlNS PRIVATE AND/OR PROPRIETARY lNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 80f9 ~ a- "ii CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number GA03-8831-02 Option 1 of 1 RATES AND CHARGES NOTES: 1, Other rate elements used in the provision of the service may not have been listed herein but can be found in the appropriate BellSouth Tariff. - 2, This Agreement is based on a weighted average loop length of 1.86 miles, If the weighted average loop length exceeds 2,75 miles the Agreement will be subject to review and re- negotiation, 3. Payment Plan designation is for provisioning purposes only. 4. The appropriate tariff notes associated with each rate element apply as specified in the GSST. 5. In the event a governmental body does not budget or appropriate sufficient funding to pay for the services provided for in the Contract Service Arrangement Agreement ("Agreement"), then and in that event, the Agreement shall be terminated immediately, the Augusta Riemucmd COl:ffity.. shall pay full nonrecurring charges as identified below, and the Augusta Richmond County shall be released and relieved from any further financial responsibility under the terms of the Agreement, except for payment for services rendered prior to the effective date of the non- funding by the governmental body: Contract Preparation Charge (single charge) BellSouth@ Centrex features (CENCA - up to 586 lines), each Standard Common Equipment (USOC M1ACS), each, or Customized Common Equipment (USOC M1ACC) each Customer Control (USOC CCXEN), per system SCS for 100 numbers (USOC M2ADA), per system Line Connection, first (qty, of 1) Line Connection, Additional (up to 585 lines) $207.00 $ 19,50 $600,00 $750.00 $950.00 $ 75.00 $ 58.25 $ 30,00 6, All documents, including contracts, agreements, or reports in any form or medium shall be treated in accordance with requirements of the Georgia Open Records Act. @BellSouth is a registered trademark of BellSouth Intellectual Property Corporation, END OF ARRANGEMENT AGREEMENT OPTION 1 ~_.'.~ o. PRlV A TEJPROPRlET ARY CONTAINS PRlV A TE AND/OR PROPRlET ARY lNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRlTTEN AGREEMENT. Page 9 of9