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2005-056 BellSouth Letter of Election Agreement for ServicesRESOLUTION 56-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A 24- MONTH "LETTER OF ELECTION" AGREEMENT WITH BELLSOUTH ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR SERVICES AND ADJUSTED PRICING OF EXISTING VILLAGE SERVICE; AUTHORIZING AND DIRECTING THE VILLAGE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the 24-month "Letter of Election" agreement with BellSouth attached as Exhibit "A", which agreement provides for services and adjusted pricing of existing Village service. Section 2. The Village Mayor and Village Clerk are hereby authorized and directed to execute the "Letter of Election" with BellSouth set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF JUNE, 2005. (Village Seal) ATTEST: VILLAGE CLERK Letter of Election Village of North Palm Beach ("Subscriber") requests BellSouth Telecommunications, Inc. ("Company") to provide the following Service at Subscriber locations as detailed in the Service Attachment. The Service included in this Agreement is: FlexServ (IPMS) MegaLink MegaLink (2) MegaLink (3) MegaLink (4) Custom Entry The Company will provide the requested Service under the terms and conditions stipulated in the governing tariff. Tariff references providing the basis for this Agreement are detailed in the Service Attachment. Important tariff provisions relating to the requested Service include, but are not limited to: I. General Terms and Conditions: 1. The Company will furnish, install, maintain and provide maintenance of the Service in accordance with the Company's lawfully filed tariffs. The service period shall begin on the date Service is installed and billing begins ("Service Period"), unless specified otherwise in the tariff. 2. The Subscriber agrees to pay the Company for the provision of the Service based on the selected length of term described in the tariff. This monthly rate will continue for the elected Service Period and will not be subject to Company initiated change during this period. 3. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment. 4. In the event the Service is terminated prior to the expiration of the Service Period, the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff. The appropriate tariff sections shall govern movQs of service, upgrades to a higher level of service, and changes in jurisdiction. 5. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service, the Company agrees to do so under the terms and conditions of the tariff and the Subscriber agrees to pay any additional charges resulting from the change or addition. 6. In the event the Service requested by the Subscriber is cancelled prior to establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation is received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 7. The Subscriber agrees to pay any added costs incurred by the Company due to Subscriber initiated change in the location of the requested Service prior to the time the Service is installed. 8. Surcharges, such as end user common line, local number portability, federal universal service charge, etc., that may be included in an Agreement Attachment, are not affected by the Agreement's terms and conditions and are subject to change. II. FlexServ (IPMS) 1. Items 1-8 in Section I and the following apply. 2. At the expiration of the Service Period, the Subscriber may continue the Service according to renewal options provided in the tariff. 3. Service Periods may also be renewed prior to expiration in accordance with regulations and rate then in effect. y Initial: ' L3;~~.11. SQC! {TN ~adS' Page 1 of 12 Date: ~~~~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election 4. If the Subscriber does not elect an additional Service Period, or does not request discontinuance of the Service, then the Service will continue at the monthly rate in effect for month-to-month rates at the time the Service Period expires, or as specified in the tariff. 5. Suspension of Service is not permitted for the requested Service. 6. Service may be transferred to another Subscriber at the same location upon prior written concurrence from the Company. The new subscriber to whom the Service is transferred will be subject to all tariff provisions and equipment configurations currently in effect for the present Subscriber. 7. Recognition of previous service may be given to the Subscriber who renews an existing Arrangement or converts from month-to-month billing, under circumstances detailed in the tariff. This Agreement period includes 0 months for recognition of previous service. III. MegaLink, MegaLink (2), MegaLink (3) and MegaLink (4) 1. Items 1-8 in Section I, items 1-7 in Section II and the following apply. If you are purchasing a BellSouth Fast Packet Transport Service (BellSouth Frame Relay Service, BellSouth Asynchronous Transfer Mode Service, or BellSouth Metro Ethernet Service) or a BellSouth Digital Network Service (BellSouth MegaLink Service, BellSouth MegaLink Channel Service, BellSouth LightGate Service, or BellSouth SMARTRing Service) under this Agreement, such service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. This Agreement is effective when executed by the Subscriber and accepted by the Company, and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, including any changes therein as may be made from time to time. Subscriber Name ~ I/! LL ~~ E (~ ~-'027 ~`'~~ /~"~ ~ fi C~- Signature Printed Name! ~~ Wf~-2 ~ µ~ ~L 55~~/ ~~ • ~ Date lO/c~ 7/a~S__'. Title ~~ °~ ~ ~ BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signature Printed Name I ~r'~ ~7 L'~ ~~>"- /~ ~ 2 ~~I~~~QZ1TN Date ~~a7~~~s_ TT. / ~~ 7 Title ~ CSC- `t ~~~ ~;, at ~ ~'Lr~.~-.. Page 2 of 12 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election FlexServ (IPMS) State Tariff: Florida GSST Tariffs Service Period: 36 months Attachment #1 - this attachment includes all rate elements required for FlexServ (IPMS). Those subject to rate stabilization are indicated in the A32.1 (GSST) Tariff. Other charges mandated by Federal, State, or Local statutes may also apply. FlexServ (IPMS) (FL) Qty USOC Non - Payment Term: 24 to 48 Months Recurring Recurring Basic FlexServ Service DS1 Channel Connection/DSO Switching 1 DSL1A $125.00 $100.00 'Rates quoted for this product are based on Tariff Section A32.1 (GSST). Total List Price $125.00 $100.00 BellSouth Business Winning Rewards Promotion: (Offer expires 06/30/2005) - Monthly Reward 36-month (15% Monthly) Reward on Eligible Services Reward not to exceed $3,750.00 per month Total Effective Price Monthly Reward: $15.00 Annual Reward: $180.00 Total Life of Contract Rewards & Waivers: $540.00 Total Non-Recurring: Total Recurring: ~F~.~.J~~uTiFl ($15.00) $125.00 $85.00 $125.00 $85.00 Initial: . ~ D t ~ ~ Z a'Uts.~'" Page 3 of 12 a e. Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of election Attachment #2 MegaLink State Tariff: Florida Private Line Tariffs Service Period: 36 months This attachment includes all rate elements required for MegaLink. Those subject to rate stabilization are indicated in the B7.1 (Private Line) Tariff. Other charges mandated by Federal, State, or Local statutes may also apply. MegaLink (FL) - 1 Circuit Qty Option: MegaLink (Point to Point or with Other Services) Clear Channel Capability -Extended Superframe Service Establishment Charge Circuit Location #1 Address: 560 US #1 Serving CO: WPBHFLRB84E (561/848) -BellSouth Telecomm, Inc. - FL Miles to Serving CO: 1.4070 Digital Local Channel Payment Term: 24 to 48 Months First 1/2 Mile Additional 1/2 Mile Premises Visit Charge Circuit Location #2 Central Office Termination - FlexServ (IPMS) WPBHFLGRDSO (561/622) -BellSouth Telecomm, lnc. - FL Interoffice Channel (3.82 miles) WPBHFLRB (561/848-2525) to WPBHFLGR (561/622) (3.82 miles) Fixed Charge IOC Mileage: 0 to 8 Miles Payment Term: 24 to 48 Months Charge per Mile IOC Mileage: 0 to 8 Miles Payment Term: 24 to 48 Months 'Rates quoted for this product are based on Tariff Section 87.1 (Private Line). Total List Price MegaLink Mileage Promotion: (Offer expires 09/30/2005) - Local Loop First 1/2 Mile Credit A First 1/2 Mile effective rate of $75 applies 1 LNO1, 1 LNOA, CCOEF, MGLSE, 1 LDPA, and MGLPV USOCs are excluded - Local Loop Additional 1/2 Mile Credit An Additional 1/2 Mile effective rate of $10 applies 1 LNO1, 1 LNOA, CCOEF, MGLSE, 1 LDPZ, and MGLPV USOCs are excluded USOC Non - Recurring Recurring 1 CCOEF $0.00 $0.00 1 MGLSE $575.00 $0.00 1 1 LDPZ $350.00 $95.05 2 1 LDPA $0.00 $86.00 1 MGLPV $40.00 $0.00 1 1 LNO1 $100.00 $59.75 4 1 LNOA $0.00 $92.00 $1,065.00 $332.80 ($20.05) ($66.00) Initial: -- SEL.,~J~DUITN / Page 4 of 12 Date: ~o~a7~~~~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Attachment #2 (continued) -Interoffice Channel Mileage Credit ($42.00) An Interoffice Channel Mileage effective rate of $12.50 applies 1 LN01, CCOEF, MGLSE, 1 LDPZ, 1 LDPA, and MGLPV USOCs are excluded -Waive Installation ($965.00) 1 LN01, 1 LNOA, CCOEF, and 1 LDPA USOCs are excluded BellSouth Business Winning Rewards Promotion: (Offer expires 06/30/2005) - Monthly Reward ($30.71) 36-month (75% Month/y) Reward on Eligible Services Reward not to exceed $3,750.00 per month - New Service Reward ($100.00) Waiver of Installation for Existing Customer CCOEF and MGLPV USOCs are excluded -Growth Reward Product quoted is eligible for BBWR Qualifying Services Growth Award Total Effective Price $174.04 Monthly Reward: $158.76 Annual Reward: $1,905.12 Total Life of Contract Rewards & Waivers: $5,243.76 Total Non-Recurring: $0.00 Total Recurring: $174.04 Service Address Information: Location #1: Public Safety - HQ 560 US #1 North Palm Beach. FL 33408 ~. Initial: , Page 5 of 12 Date: ~ ~ 2fv~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election MegaLink (2) State Tariff: Florida Private Line Tariffs Service Period: 36 months Attachment #3 - This attachment includes all rate elements required for MegaLink (2). Those subject to rate stabilization are indicated in the B7.1 (Private Line) Tariff. Other charges mandated by Federal, State, or Local statutes may also apply. MegaLink #2 (FL) - 1 Circuit Option: MegaLink (Point to Point or with Other Services) Clear Channel Capability -Extended Superframe Service Establishment Charge Circuit Location #1 Address: 645 Prosperity Farms Rd. Serving CO: WPBHFLGRDSO (561/626) -BellSouth Telecomm, Inc. - FL Miles to Serving CO: 1.8721 Digital Local Channel Payment Term: 24 to 48 Months First 1/2 Mile Additional 1/2 Mile Premises Visit Charge Circuit Location #2 Central Office Termination - FlexServ (IPMS) WPBHFLGRDSO (561/622) -BellSouth Telecomm, Inc. - FL ''Rates quoted for this product are based on Tariff Section 87.1 (Private Line). Total List Price Qty USOC 1 CCOEF 1 MGLSE 1 1LDPZ 3 1LDPA 1 MGLPV Non - Recurring $0.00 $575.00 $350.00 $95.05 $0.00 $129.00 $40.00 $0.00 $965.00 $224.05 Recurring $0.00 $0.00 MegaLink Mileage Promotion: (Offer expires 09/30/2005) - Local Loop First 1/2 Mile Credit A First 1/2 Mile effective rate of $75 applies CCOEF, MGLSE, 1 LDPA, and MGLPV USOCs are excluded - Local Loop Additional 112 Mile Credit An Additional 1/2 Mile effective rate of $10 applies CCOEF, MGLSE, 1LDPZ, and MGLPV USOCs are excluded - Waive Installation CCOEF and 1LDPA USOCs are excluded BellSouth Business Winning Rewards Promotion: (Offer expires 06/30/2005) - Monthly Reward 36-month (15% Monthly) Reward on Eligible Services Reward not to exceed $3, 750.00 per month -Growth Reward Product quoted is eligible for BBWR Qualifying Services Growth Award ($20.05) ($99.00) ($965.00) ($15.75) _. Initial: Page 6 of 12 Date: Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Attachment #3 (continued) Total Effective Price Monthly Reward: $134.80 `Annual Reward: $1,617.60 _ Total Life of Contract Rewards 8~ Waivers: $4,389.20 Total Non-Recurring: Total Recurring: Service Address Information: Location #1: Public Service 645 Prosperity Farms Rd. North Palm Beach, FL $0.00 $89.25 $89.25 Initial: Page 7 of 12 Date: ~ a 7 ~-~/ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election MegaLink (3} State Tariff: Florida Private Line Tariffs Service Period: 36 months Attachment #4 - This attachment includes all rate elements required for MegaLink (3). Those subject to rate stabilization are indicated in the 67.1 (Private Line} Tariff. Other charges mandated by Federal, State, or Local statutes may also apply. MegaLink #3 (FL} - 1 Circuit Option: MegaLink (Point to Point or with Other Services) Clear Channel Capability -Extended Superframe Service Establishment Charge Circuit Location #1 Address: 901 USHwy1 Serving CO: WPBHFLGRDSO (561/622) -BellSouth Telecomm, Inc. - FL Miles to Serving CO: 2.0359 Digital Local Channel Payment Term: 24 to 48 Months First 1/2 Mile Additional 112 Mile Premises Visit Charge Circuit Location #2 Central Office Termination - FlexServ (IPMS) WPBHFLGRDSO (561/622) -BellSouth Telecomm, Inc. - FL *Rates quoted for this product are based on Tariff Section 87.1 (Private Line). Total List Price Qty USOC 1 CCOEF 1 MGLSE 1 1LDPZ 4 1LDPA 1 MGLPV Non - Recurring $0.00 $575.00 $350.00 $95.05 $0.00 $172.00 $40.00 $0.00 $965.00 $267.05 Recurring $0.00 $0.00 MegaLink Mileage Promotion: (Offer expires 09/30/2005) - Local Loop First 1/2 Mile Credit A First 1/2 Mile effective rate of $75 applies CCOEF, MGLSE, 1 LDPA, and MGLPV USOCs are excluded - Local Loop Additional 1/2 Mile Credit An Additional 1/2 Mile effective rate of $10 applies CCOEF, MGLSE, 1LDPZ, and MGLPV USOCs are excluded -Waive Installation CCOEF and 1 LDPA USOCs are excluded BellSouth Business Winning Rewards Promotion: (Offer expires 06/30/2005) - Monthly Reward 36-month (15% Monthly) Reward on Eligible Services Reward not to exceed $3, 750.00 per month - Growth Reward Product quoted is eligible for BBWR Qualifying Services Growth Award ($20.05) ($132.00) ($965.00) ($17.25) Initial: '~~~ BEL.~.S~JCITi-f ' Page d of 12 Date: w a ? ~~ ~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Attachment #4 (continued) Total Effective Price Monthly Reward: $169.30 Annual Reward: $2,031.60 Total Life of Contract Rewards 8~ Waivers: $5,235.20 Total Non-Recurring: Total Recurring: Service Address Information: Location #1: Villlage of NPB-Country Club 901 USHwy1 North Palm Beach, FL $0.00 $97.75 $97.75 L Initial: ~E~i~sou~-N Page 9 of 12 Date: ~ ~ ~ ~~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election MegaLink (4) State Tariff: Florida Private Line Tariffs Service Period: 36 months Attachment #5 i his attachment includes all rate elements required for MegaLink (4). Those subject to rate stabilization are indicated in the 67.1 (Private Line) Tariff. Other charges mandated by Federal, State, or Local statutes may also apply. Channelized MegaLink #4 (FL) - 1 Circuit Option: MegaLink with MegaLink Channel Basic System Capacity Payment Term: 24 to 48 Months 24 Voice Equivalent Channels Clear Channel Capability -None (D4 Format) Service Establishment Charge Circuit Location #1 Address: 560 USHwy1 Serving CO: WPBHFLRB84E (561/848) -BellSouth Telecomm, Inc. - FL Miles to Serving CO: 1.4070 Digital Local Channel Payment Term: 24 to 48 Months First 1/2 Mile Additional 1/2 Mile Premises Visit Charge *Rates quoted for this product are based on Tariff Sections 87.1 (Private Line), 87.3 (Private Line). Total List Price MegaLink Mileage Promotion: (Offer expires 09/30/2005) - Local Loop First 1/2 Mile Credit A First 1/2 Mile effective rate of $75 applies VUM24, MGLSE, 1LDPA, and MGLPV USOCs are excluded - Local Loop Additional 1/2 Mile Credit An Additional 1/2 Mile effective rate of $10 applies VUM24, MGLSE, 1 LDPZ, and MGLPV USOCs are excluded - Waive Installation VUM24 and 1 LDPA USOCs are excluded BellSouth Business Winning Rewards Promotion: (Offer expires 06/30/2005) - Monthly Reward 36-month (15% Monthly) Reward on Eligible Services Reward not to exceed $3, 750.00 per month - New Service Reward Waiver of Installation for Existing Customer MGLPV USOC is excluded Qty USOC Non - Recurring 1 VUM24 $225.00 1 $0.00 1 MGLSE $575.00 1 1LDPZ 2 1LDPA 1 MGLPV Recurring $189.00 $0.00 $0.00 $350.00 $95.05 $0.00 $86.00 $40.00 $0.00 $1,190.00 $370.05 ($20.05) ($66.00) ($965.00) ($42.60) ($225.00) Initial: Page 10 of 12 Date: lp~a ?~2Cld~ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Attachment #5 (continued) - Growth Reward Product quoted is eligible for BBWR Qualifying Services Growth Award Total Effective Price Monthly Reward: $128.65 Annual Reward: $1,543.80 Total Life of Contract Rewards 8~ Waivers: $4,788.80 Total Non-Recurring: Total Recurring: Service Address Information: Location #1: Village of NPB- Public Safety 560 USHwy1 North Palm Beach, FL $0.00 $241.40 $241.40 Initial: Page 11 of 12 Date: Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Custom Entry State Tariff: N/A Service Period: N/A Attachment #6 - .his attachment includes all rate elements required for Custom Entry. Other charges mandated by Federal, State, or Local statutes may also apply. Custom Entry (FL) Qty USOC Non - *The Custom Entry portion of this quote has been manually Recurring Recurring entered and is subject to verification existing flexserv - no install to be charged 1 ($125.00) $0.00 existing flexserv at public services -no install + flex chg 1 DSL1A $0.00 $85.00 flex charge existing - no install 1 DSL1A $0.00 $85.00 Total Non-Recurring: Total Recurring: B~ELi SC~UTi-~ ($125.00) $170.00 Initial: '' D t a ~ ~~-~' Page 12 of 12 a e. _ Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement.