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HomeMy WebLinkAboutAmeritech/CFD Fireitech ept. 2001 On q (906 CI. Cif Appropriation #440-00 Ameritech Contract Not To Exceed $1,792.00 APPROVED, AS TO P. 0. No. 09377 Custom DSJ Service Agreement INDIANA METRO FORM 6Y` j This Agreement is entered into as of August 2,2001 (the"Effective Date")between Ameritech Business Communications Services, a division of SBC Global Services, Inc.,on behalf of Indiana Bell Telephone Company,Inc. ("Ameritech") and City of Carmel ("Customer"). In consideration of the covenants and undertakings herein, the parties agree as follows: 1. Description of Service- In accordance with the terms and conditions herein,Ameritech shall provide 1.544 MBPS High Capacity Digital Service Channels("DSl Service")between the locations designated on page 3. 2. Term-The term for providing the Service corresponds to the term payment plan selected by Customer on page 3. Upon completion of the Service term,Customer may continue receiving the Service at the then-current rates under any available payment plan. If Customer does not select a new payment plan and does not request discontinuance of the Service prior to expiration of the term,the month-to-month tariff rates in effect at such time will automatically apply. 3. Rates-Customer shall pay the Monthly Charge shown on page 4,which shall not be subject to increases during the term of this Agreement. All invoices from and payments due to Ameritech shall be made in accordance with Ameritech's standard billing procedures. 4. Applicable Tariff Regulations-In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff or catalog,the provisions of the tariff or catalog will prevail. This Order and the applicable tariffs or catalogs are the complete agreement of the parties and supersede any discussions,representation, or proposals, written or oral, concerning the Service. Ameritech is not aware of any discrepancies between the provisions of this Order and the provisions of the tariff or catalog at the time of execution of this Agreement. 5. Installation and Cutover-Consistent with the availability of certain equipment and facilities on Ameritech's side of the NETPOP,Ameritech shall develop and advise Customer of the installation and cutover schedule.Cutover shall be deemed to have occurred when the Service is substantially provided to Customer. If Ameritech's performance is delayed due to changes, acts, or omissions of Customer,or Customer's contractor,or due to any force majeure condition,Ameritech shall have the right to extend cutover for a reasonable period of time,not to exceed the period of such delay. If Customer cancels this Agreement before the Service is established, Customer shall reimburse Ameritech for all reasonable expenses incurred in processing the order and in installing the required equipment and facilities. 6. Service and Maintenance Obligations-Ameritech represents to Customer that the Service will operate materially in accordance the service description set forth in the tariff. If,under normal and proper use,the Service fails to perform substantially as specified above, and Customer notifies Ameritech within the term,Ameritech shall correct such service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report service problems seven(7)days per week and twenty-four(24)hours per day. Ameritech's repair obligation does not include damage, defects,malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse,unauthorized use or negligent acts or omissions. In addition,the foregoing repair obligation applies only if Customer provides Ameritech with access on its side of the NETPOP so as to enable Ameritech to perform maintenance or repair work. In the event of an interruption in the Service, a credit allowance shall be made for the affected portion of the Service to the extent specified in the tariff. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AMERITECH,FOR LOSS OR DAMAGE CAUSED BY,OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATIONS OF AMERITECH AS SET FORTH IN THIS AGREEMENT. 08/03/01 Page 1 Ameritech Custom DSI Service Agreement INDIANA METRO 7. Termination for Convenience -If Customer terminates the Service prior to expiration of the term,Customer shall be liable to Ameritech(1)for the difference between Customer's current Monthly Charge and the tariff rate in effect at the time of termination for the payment plan that could have been completed during the time the Service was provided,multiplied by the number of months that the Service was provided,and(2)for any Non-Recurring Charges waived at installation if the Service is terminated prior to completion of a minimum of 36 months on a 36-or 60-month Term. In addition to the foregoing, if Service is discontinued in the 1"through 11th months the following additional charges will apply: 40%X the prevailing 12 month rate X(12 -the number of months Service was received). Charges shall become due in full immediately upon such termination. Service Upgrade Customer may upgrade Service to a higher speed Ameritech DS3 or SONET service without incurring early termination charges;provided that the Upgraded Service is(I)under a term plan that is equal to or greater in length than the number of months remaining in the term plan ordered herein and(II) is installed between the locations herein.NRCs will apply to the Upgraded Service. 8. Limitation of Damages-The liability of Ameritech,if any,for its willful misconduct is not limited by the tariff. With respect to any other claim or suit,by Customer or by any others,for damages associated with the installation,provision, termination,maintenance,repair,or restoration of service,Ameritech's liability, if any, shall not exceed an amount equal to the proportionate part of the monthly recurring charge for the service for the period during which the service was affected. This liability shall be in addition to any amounts that may otherwise be due Custoemr under the tariff as an allowance for interruptions. 9. Assignment-Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of Ameritech which shall not be unreasonably withheld or delayed. 10. Taxes and Additional Charges-Customer shall remit to Ameritech all applicable federal, state and local taxes and all applicable municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any or all such taxes and charges. 11. Notices-Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally or sent by express delivery service,certified mail,postage prepaid,and addressed to the parties at the addresses set forth on the front page. Notices shall be deemed given as of the date of receipt,the next business day when sent via express delivery service or three(3)days after mailing in the case of U.S.mail. 12. Publicity-Neither party shall identify, either expressly or by implication,the other party or its corporate affiliates or use any of their names, trademarks,trade names, service marks or other proprietary marks in any advertising,press releases,publicity matters or other promotional materials without such party's prior written consent,except as required by Indiana's Public Access to Records Act or other applicable law or court order. 13. Severability-If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 14. Waiver-Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a waiver of such term,condition,right or privilege in the future. 15. Breach-Either party may terminate this Agreement,or an appropriate portion of this Agreement if such breach does not affect the entire Agreement,immediately following written notice in the event the other party is in default as to any of its material obligations hereunder,provided(a)the defaulting party receives notice of termination containing a reasonably complete description of the default, and(b)the defaulting party fails to cure such default within thirty(30)days of receiving such notice or ten(10)days of such notice if the default is nonpayment. 16. Entire Agreement-This Agreement and the Ameritech Catalog are the complete agreement between the parties and supersede any discussions, representation or proposals,written or oral, concerning the Service.This Agreement may not be modified except by a writing signed by both parties. 08/03/01 Page 2 Ameritech Custom DSI Service Agreement INDIANA METRO 17. Ameritech estimates that the total cost of the services to be provided to Customer pursuant to this Agreement shall not exceed Eight Thousand Sixty-Four Dollars($8,064.00)(the"Estimate"). Customer shall pay Ameritech for all undisputed services provided hereunder in accordance with Ameritech's standard billing practises. Ameritech agrees not to provide any services to Customer hereunder that would cause the total cost of such services to exceed the Estimate,unless Customer has previously agreed, in writing,to pay a greater amount. The services provided hereunder shall be paid from City budget appropriation 440-00 funds. 18. Nothing contained in this Agreement shall be construed to give any rights or benefits to anyone other than Customer and/or Ameritech. 19. The relationship of the parties hereto shall be as provided for in this Agreement, and neither Ameritech nor any of its agents, employees, contractors or subcontractors are or shall become employees of Customer. 20. Ameritech represents and warrants that it and each of its employees,agents,contractors and subcontractors shall comply with all laws of the United States and the State of Indiana prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any services contemplated by this Agreement with respect to hire,tenure,terms,conditions or privileges of employment or any matter directly or indirectly related to employment,subcontracting or work performance because of race,religion, color, sex,handicap,national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. 21. Any notice invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail,return receipt requested, addressed to the parties as follows: CITY OF CARMEL, INDIANA AMERITECH ("CUSTOMER") City of Carmel Fire Department Ameritech Two Civic Square 225 West Randolph,Floor 25C Carmel,IN 46032 Chicago, IL 60606 ATTN: Douglas Callahan,Fire Chief ATTN: General Counsel (with a copy of Carmel City Attorney, Department of Law,One Civic Square, Cannel,Indiana 46032) 22. The effective date("Effective Date")of this Agreement shall be the date on which the last of the parties hereto executes same. 08/03/01 Page 3 Ameritech Custom DS1 Service Agreement INDIANA METRO Order Type 0 New Install 0 Conversion from M-M Requested Installation Date ®Term Payment Plan/Monthly Charge:36 Months 0 Term Payment Plan/Monthly Charge:60 Months LDCs @$112 ea x_2_(Qty)=_$224_SubTotal LDCs @$98 ea x (Qty)= SubTotal CM @ $14 ea x_0 (Qty)= SubTotal CM @ $12 ea x (Qty)= SubTotal CMT @ 34 ea x 0_(Qty)= Subtotal CMT @ 22 ea x (Qty)= Subtotal Total: $224 Total: Nonrecurring Service Charges Waived$ 0 Circuit Location Addresses: City of Carmel,IS Department,3 Civic Square,Carmel,In 46032 City of Carmel, Fire Department Station#43,3242 E.106t"St,Carmel,In46032 Your signature acknowledges that you understand and accept the terms and conditions for Ameritech DSI Service and that you are authorized to make the commitments under this Order. I CUSTOMER AMERITECH iAuthorizgti Cus it er Signature Authorized Ameritech Signature Print Name and Title Print Name and Title Date Dateat Company ame / Fax contract to:312/795-5494 Billing Address - Mail SIGNED ORIGINAL to: Contract Information Management 225 W Randolph, Floor 25C Chicago IL 60606 City, State, Zi Original must be received within five(5)days after faxing. Existing Billing Account Number(if applicable) J .,tInforMatton , : Oder Information ...mow ....� k > :.x , Channel: Order Center: 0 AIPC 0 ABSC Name: Michael Thompson Center Location: Phone: (317)488-3038 Promotion Code: to MB36 ❑ MB60 Fax: (317)955-0757 Approval Signature: Sales Director 08/03/01 Page 4 Ameritech Fire Dept. -2001 DSI Data Line Service Appropriation#440-00 P. O.No. 09377 Contract Not To Exceed$1,792.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA AMERITECH by and through its Board of Public Works and Safety By: By: James Brainaz�,presidin Officer Authorized Signature Date: 11- 5- of emmLES t- 62Ei✓ Printed Name n M urk , Member /)/�iCi�� " ,�I�O-Oled Date: �' � 4 Title FID/SSN: � — 2,514-5J Billy talker, Member r) Date: Of-a-of Date: // Or, O/ ATTEST: Lim Diana Cordra , , ClerILT easurer Date: [cbnizwordi.lew slncd.pmr ccsgaads&urviccs\(iiedcPI0 nl'.ummitttb bp%sipumsc WBe.duc.a/2B/OI)