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HomeMy WebLinkAbout4059 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4059 QWEST (formerly US WEST) Rate Stability - Digital Switched Service Electronics LEG 12-1 01/18/2000 01/17/2005 06/15/2010 Month to month after term end Review date for tracking only Contract or Acknow,edgment Form Cover Sheet Please printor type all information. ! · If the contracted service was sold by an Agent, send this completed Form and the Contract to the appropr ate U S WEST Agent Sales and Support person. · If the contracted service was sold by a U S WEST employee or a Vendor, send this completed form to CD&S. Contract Information Customer: CITY OF BREMERTON Contract or Acknowledgment Form Number: WA2.7445 Billing Number(s): (360) 373-4869, (206) T31-7125 Installation Date of Service: 12/30/1999 ! Client Information U S WEST Sales Contact Name: BEVERLY J. MOLLOY U S WEST Sales Contact Telephone Number: 206-224-1026 U S WEST Work Group: BGS NOTE l e Contract or Acknowledgment Form must be signed by USW and the Customer l e All required blanks on the contract have been completed · All required attachments have been included To be completed by Agent Marketing/Vendor Services: Company Name of Authorized/Vendor: To be completecl by Operations/Compensation for Agent Marketing: Operations Approved and Sent to CD&S on by. To be completed by CD&S and returned to Operations/Compensation for Agent Marketing: CD&S AdminTrack Number: Agreement Number WA27445 Billing Number (360) 373-4869, (206) T31-7125 U S WEST DIGITAL SWITCHED SERVICE RATE STABILITY PLAN FOR ADVANCED TRUNKS, DID TRUNK TERMINATIONS AND DS1 This is an agreement between CITY OF BREMERTON (ICUSTOMER") and U $ WEST Communications, Inc. ("USWC"), for the provision of the U S WEST Digital Switched Service ("Service"). Throughout this Agreement, CUSTOMER and USWC may individually be referred to as "Party' or together as "Parties". 1. SCOPE. USWC shall provide and CUSTOMER shall pumhase Digital Switched Service ("Service"). USWC supplies CUSTOMER with use of digital DS1 exchange telecommunications Service facility and common equipment, linking CUSTOMER's premises to USWC's local exchange switching office. Service includes: 1) use of digital facility (transmission capacity at a maximum speed of 1.544 megabits per second); 2) use of common equipment to interconnect with USWC's local exchange switch; and 3) use of advanced fiat usage trunks and DID trunk termination for access to the local exchange and toll networks. USWC provides Service in accordance with the applicable Tadff, Pdce List, Pdce Schedule, Administrative Guidelines, and/or Catalog ("Tariff") which governs Service in the state Service is provided, incorporated herein by this reference. Where any term or condition of this Agreement conflicts with the Tadff, the then current Tariff shall prevail. 2. TERM. 2.1. This Agreement is effective on the latest signature date and expires Sixty(60) months from the date Service is available to CUSTOMER, as evidenced by USWC records. O._ R 2.1. This Agreement is effective on the latest signature date and expires Sixty(60) months from the date of 12/30/1999. 2.2. if USWC continues to provide Service after this term without a further Agreement, the provisions for month to-month service in the Tariff will apply. 3. SERVICE PROVIDED. USWC will provide and maintain the Service terminating in the locations and quantities noted below. 4. BILLING FOR SERVICE. CUSTOMER shall pay each bill in full by the payment due date. If late payment cha~ges arc applicable and permitted by law, they may be assessed and billed at 1 1/2 percent per month or the highest lawful rate, whichever is less, on the unpaid balance. 5. CHARGES/LOCATION 5.1. Charges shall commence upon provision of Service as evidenced by USWC records and shall be guaranteed against any increase initiated by USWC during the term of this Agreement. CUSTOMER agrees to pay the following charges for Service: Quantity: 7 Usoc: TY4C5 Quantity: 1 Usoc: D7ZD5 Customer's Address: 7261 W BELFAIR VALLEY RD USWC's Address: USWEST CO Total Rat~ Stabilized Monthly Recurring Charge. $ 447.62 Total Nonrecun'ing Charge. $ 0.00 5.2. Applicable taxes will be added to the above charges. The charges for Service under this Agreement, including any and all discounts to which CUSTOMER may be entitled, will be offered and charged to CUSTOMER independently from and regardless of the CUSTOMER's purchase of any customer premises equipment or enhanced services from USWC. 6. SERVICE CHANGES. 6.1. MOVES. CUSTOMER may move the physical location of all or part of Service to another location within the same USWC intrastate intraLATA serving area as this Service provided the following conditions for the move ("new service") are met; 1) the new service is provided to CUSTOMER by USWC; 2) CUSTOMER advises USWC that the requested new Service replaces existing Service; 3) CUSTOMER's requests for the disconnection of the existing Service and the installation of the new service are received by USWC "within thirty (30) calendar days of each other" if service is in New Mexico and "at the same time" if service is in any other state; 4) CUSTOMER requests USWC to install the new Service on or prior to the disconnection date of the existing Service; and 5) Customer agrees to sign appropriate agreements and to pay all of the then current recurring and nonrecurring charges related to the new service. 6.2. ADDITIONS TO SERVICE. CUSTOMER may request additions to Service and USWC will supply such additions to CUSTOMER, subject to the following conditions: 1) USWC commercially offers such additions and necessary facilities are technically and practicably available; 2) the charges for additional Service will be the then current charges in effect for Service at the time of such additions, and which correspond to the term of this Agreement. 6.3. CHANGES. CUSTOMER with Advance Digital Switched Services may convert to Uniform Access Solution Service (UAS) subject to the following conditions: 1) USWC commercially offers such UAS and necessary facilities are technically and practicably available; and 2) CUSTOMER pays all applicable new installation charges in accordance with the applicable Tariff for UAS. 6.4. USWC and CUSTOMER agree to execute written amendments to this Agreement for such additions and/or changes. 7. TERMINATION. 7.1. Either party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other party and such cause is not corrected within that thirty (30) day period. Cause is any matedal breach of the terms of this Agreement. If USWC terminates this Agreement for cause or if CUSTOMER terminates this Agreement WITHOUT cause, CUSTOMER shall pay early termination charges. If termination is prior to installation of SERVICE and after execution of this Agreement, early termination charges shall be those reasonable expenses incurred by USWC through the date of termination. If CUSTOMER disconnects all or part of Service after installation and Service is terminated below eighty percent (80%) of the initial threshold, CUSTOMER shall pay a termination charge equal to fifty percent (50%) of the monthly rate for Service terminated multiplied by the number of months, or portion thereof, remaining in the term of this Agreement; plus the balance of all billed but unpaid recurring and all outstanding nonrecurring charges. Initial threshold quantities under this Agreement are set forth in Section 5, Charges/Location above. 7.2. A termination charge will be waived when the CUSTOMER discontinues Service(s) and ALL of the following conditions are met: 1) CUSTOMER signs a service agreement for any other USWC provided new service(s). All applicable nonrecurring charges will be assessed for the new service(s); 2) Both the current Service and the new service(s) are provided solely by USWC; 3) The order to discontinue Service and the order to establish · n~w'service(s) are received by U,~WC "within thirty (30) calendar days of eat,, other" if service is in New Mexico and "at the same time' if service is in any other state; 4) The new service(s) installation must be completed within thirty (30) calendar days of the disconnection of Service, unless such installation delay is caused by USWC; 5) The total value of the new service(s), excluding any special construction charges, is equal to or greater than one hundred fifteen percent (115%) of the remaining value of this Agreement; 6)A new Minimum Service Pedod, if applicable, will go into effect when the new Service(s) agreement term begins; and, 7) CUSTOMER agrees to pay any previously billed, but unpaid recurring, and any outstanding nonrecurring charges--these charges cannot be included as part of the new Service(s)agreement. 7.3 New service is defined as a newly installed service placed under a new service agreement(s), or newly installed additions to an existing service agreement(s), but does not include renewals of expidng service agreement(s), renegotiations of existing service agreement(s) and conversions from month-to-month service to contracted service. 8. OUT-OF-,SERVlCE CREDIT. If USWC causes a Service interruption, an out-of-Service credit will be calculated under the state local exchange tadff. If there is no applicable tariff and the interruption lasts for more than twenty-four (24) consecutive hours after USWC receives notice of it, USWC will give CUSTOMER credit calculated by: (a) dividing the monthly rate for the affected Service by thirty (30) days; and then (b) multiplying that daily rate by the number of days, or major fraction, that Service was interrupted. 9. OWNERSHIP AND PROVISIONING OF SERVICE. Title to, and ownership of, all equipment and facilities USWC uses in supplying Service is and remains with USWC. USWC will prevision and supply Service described in this Agreement in any manner and by means of any equipment, software, and facilities USWC chooses. The method of provisioning of Service is a matter within USWC's sole discretion. fO. SERVICE SUSPENSION/MAINTENANCE. USWC may from time to time suspend Service for routine maintenance or rearrangement of facilities or equipment. USWC will give CUSTOMER advance notification of the Service suspension. Such Service suspension is not considered an Out-of-Service condition provided Service is restored by the end of the period specified in the notification. 11. PERSONAL INJURY; PROPERTY DAMAGE. Each party shall be responsible for any actual physical damages it directly causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damage adsing from negligent acts or omissions; PROVIDED HOWEVER, THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. '12. LIMITATION OF LIABILITY. USWC SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT. EXCEPT AS PROVIDED IN PERSONAL INJURY; PROPERTY DAMAGE SECTION, ANY USWC LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY KIND UNDER THIS AGREEMENT SHALL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT-OF-SERVICE CREDIT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCR!BED IN THIS AGREEMENT. 13. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 14. UNCONTROLLABLE CONDITIONS, Neither party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; or any other circumstances which are not within its reasonable control. 15, DISPUTE RESOLUTION. 15.1. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, whenever brought and whether between the Parties or between one of the Parties to this Agreement and the employees, agents or affiliated businesses of the other Party, shall be resolved by arbitration. A single arbitrator engaged in the practice of law and knowledgeable about the subject matter of the dispute shall conduct the arbitration in accordance with the then current rules of the Amedcan Arbitration Association ("AAA"). · 15.~'. All expedited procedures ~,~'escribed by the AAA shall apply. The a~,,,Lrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 15.3. Other than the determination of those claims over which a regulatory agency has exclusive jurisdiction, federal law (including the provisions of the Federal Arbitration Act, 9 U.S.C. Sections 1-16) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. 15.4. If any party files a judicial or administrative action asserting claims subject to arbitration, and another party successfully stays such action and/or compels arbitration of such claims, the party filing the action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorney's fees. 16. LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental or regulatory agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. This Agreement shall be governed by the laws of the state where Service is provided. 17. SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful, this Agreement, or that provision of this Agreement to the extent it is unlawful, shall terminate. Further, if USWC determines that this Agreement or a provision of this Agreement is inconsistent with the Telecommunications Act of 1996, this Agreement or that provision shall terminate upon written notice to the CUSTOMER to that effect. If a provision of this Agreement is terminated but the parties can legally, commemially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 18.GENERAL PROVISIONS, 18.1. Failure or delay by either Party to exercise any right, power, or privilege hereunder, shall not operate as a waiver hereto. 18.2. This is a retail end user contract. It may be assigned only with the consent of USWC. It may not be assigned to a reseller or a telecommunications carrier under any circumstances. 18.3. This Agreement benefits CUSTOMER and USWC. There are no third party beneficiaries. 18.4. If a Party returns this Agreement by facsimile machine, the signing Party intends the copy of this authorized signature printed by the receiving facsimile machine to be its original signature. 18.5. This Agreement constitutes the entire understanding between CUSTOMER and USWC with respect to Service provided herein and supersedes any prior agreements or understandings. 19. EXECUTION, The Parties hereby execute and authorize this Agreement as of the latest date shown below. Notices concerning this Agreement may be sent to USWC's CUSTOMER billing address of record or to CUSTOMER's Address for Notices specified herein, if any. CUSTOMER Signature Name Printed or Typed/Title Name-15rinted o~Typec~/Title Date Date 239 4th St.t Bremerton, WA 98337 Address for Notices Address for Notices