HomeMy WebLinkAboutContract 1488 c-1488
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AGREEMENT
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This Agreement is entered into between Verizon California Inc. in its capacity as
an incumbent local exchange carrier (Verizon), located at One Verizon Way,
1 Thousand Oaks, California 91362 -3811, and City of Cathedral City (Customer)
located at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234.
Verizon and the Customer are each individually referred to as "a Party" and
collectively referred to as °the Parties ".
In consideration of the mutual covenants and promises contained herein, the
Parties hereto agree as follows:
1. Services Verizon shall provide to Customer IntraLATA Toll and
i CentraNet® Services (the Service) at the rates, charges and terms set forth in
this Agreement and in Attachments A and B, which are collectively referred to as
"this Agreement ". All facilities furnished by Verizon under this Agreement shall
remain the property of Verizon.
2. Term. The term period shall be for one (1) year from the in- service date.
Unless notified by Customer to cease delivery of Service upon expiration
of this Agreement, the Service will revert to tariffed rates, if there is a tariffed rate
available, and no new contract for the Service has been executed by the Parties.
Service will be disconnected as of the expiration date of this Agreement if there is
no tariffed rate available.
If Customer indicates to Verizon in writing that it desires to negotiate a
new contract to continue the services provided for herein, this Agreement shall
automatically be extended for a period not to exceed sixty (60) days from the end
of the initial term to allow the Parties to finalize a new Agreement. Written notice
must be provided by Customer at least thirty (30) days prior to the end of the
original termination date.
3. Effective Date This Agreement shall be effective when executed by both
Parties and will be filed with the California Public Utilities Commission
(Commission).
4. In- Service Date The in- service date for the Service shall be the date,
3 after the Effective date, on which Verizon's provisioning has been completed and
one of the Services is available for use by Customer at one of Customer's
locations.
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5. Commission/Tariffs /Other Applicable Charges This Agreement shall
at all times be subject to such changes or modifications by the Commission as
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the Commission may from time to time direct in the exercise of its lawful 1
jurisdiction.
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This Agreement is subject to allowable federal, state and local surcharges !
and taxes.
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This Agreement is governed by and subject to the terms and conditions
contained in applicable Verizon tariffs', including Verizon's tariff rules on late
payment charges, unless such tariffs are expressly inconsistent with the express
terms of this Agreement, in which case the terms of this Agreement shall apply.
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6. Payment Customer shall be responsible for payment of all rates and
charges from the in- service date of the Service notwithstanding any delay in the
issuance of bills for services provided. Any back billing limitations applicable to
Verizon's tariffed services (including, but not limited to, those currently contained
in Rules 10 and 11, Schedule Cal. P.U.C. No. D &R) do not apply to this
Agreement.
7. Access Verizon and its authorized employees and contractors shall have
the right of ingress to and egress from the Customer's premises where its
facilities are installed in order to provide the Service, in accordance with
Customer's reasonable security procedures.
8. Default If Customer defaults in the payment of any amounts due
hereunder, or violates any other provision of this Agreement, and if such default
or violation is not cured within thirty (30) days after notice thereof from Verizon,
Verizon may terminate this Agreement forthwith without any liability on the part of
Verizon, and Customer shall be liable for any unpaid charges for the service
incurred up to the time of the termination, plus any applicable basic termination
liability charges as set forth in Attachments A and B.
9. Limitation of Liability The liability of Verizon for any losses or damages
arising out of the Services or this Agreement, including but not limited to defects,
errors, delays, mistakes, omissions, or interruptions shall in all instances be
limited to the pro rata charges to Customer for the periods during which the
Service is so affected. Verizon shall in no instance be liable to Customer for any
general compensatory, consequential, indirect, incidental, special or punitive
damages, including but not limited to revenues or lost profits.
10. Force Maieure Verizon's performance under this Agreement, or any
obligation hereunder, shall be excused if said performance or obligation is
prevented, restricted or interfered with due to any cause(s) beyond the
' Subsequent to a corporate merger, GTE California Incorporated is no%v Verizon California Inc.; for
interstate purposes the GTE Telephone Operating Companies (GTOC) Tariff FCC No. I (interstate)
previously applicable to GTE California Incorporated is applicable for Verizon California Inc.
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x reasonable control of Verizon or by reason of acts of God, war, revolution, civil
commotion, acts of public enemy, embargo, fire, explosion, vandalism, cut cable,
inclement weather, earthquake, acts of the Government in its sovereign capacity,
i labor difficulties, including without limitation, strikes, slowdowns, picketing or
boycotts, unavailability of facilities or equipment. Verizon shall not be liable for
any delay or failure in its performance during the occurrence of such
circumstances.
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11. Customer Indemnification Customer shall indemnify, defend and hold
harmless Verizon against any claim, suit or dispute for libel, slander, infringement
x of patent, copyright or unauthorized use of any trademark, trade name or service
mark arising out of the material, data, information or other content transmitted I
pursuant to the Service.
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12. Notice Any notice given or required to be given by one Party to the other
pursuant to this Agreement shall be in writing and shall be served by one or more i
of the following methods 1) by personal service, receipt of which shall be
deemed to be on the date personally delivered; 2} by certified or registered Mail,
or by a courier or overnight delivery service, receipt of which shall be deemed to
be on the date such notice is acknowledged in writing by the receiving Party; or
3) by facsimile, receipt of which shall be deemed to be on the next Business Day
(defined as a day on which the United States Mail is delivered) after transmission
s if sent by facsimile. The transmitting Party shall retain the facsimile transmission
confirmation record. Said notice shall be sent or delivered to the Parties to their s
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respective authorized representatives and to the addresses designated below,
unless modified by giving notice pursuant to this Section.
If to Customer:
City of Cathedral City
Captain Kevin Conner
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Facsimile: 760 202 -2594
If to Verizon:
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Verizon California Inc.
Michael A. Sherburn
12501 East Imperial Highway, CAU 16RP
Norwalk, CA 90650 I
Facsimile: 562 483 -6126
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With a copy to:
Legal Department
Verizon California Inc.
One Verizon Way, CA500LB i
Thousand Oaks, CA 91362 -3811
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Facsimile: 805 373 -7515
13. ModificationMlaiver Any changes or modifications to this Agreement
must be in writing and executed by both Parties, and shall be filed with the
Commission. The waiver of any term or condition under this Agreement by either I
Party is not a waiver of any other term or waiver of the same term at any other i
time. Any waiver must be written and signed by the Parties and shall be filed
with the Commission.
14. Assianment. Neither this Agreement nor any interest herein of Customer I
may be assigned, or in any manner transferred by Customer without the prior
written consent of Verizon. Any attempted assignment or transfer in
contravention of the preceding sentence shall be null and void.
15. Resale. Customer shall not under any circumstances resell the Service
provided under this Agreement.
16. Captions /Headings Section or paragraph headings contained in this
Agreement or any addendum are for reference purposes only and shall not affect
the meaning or interpretation of this Agreement or any addendum.
17. Construction. This Agreement and the provisions contained in it, shall
not be construed or interpreted for or against any party hereto because that party
drafted or caused that party's legal representative to draft any of its provisions.
18. Govemin Law. This Agreement shall at all times be governed by the
laws of the State of California, excluding its choice of law rules, and by the
regulations of the Commission.
19. Entire Agreement Except for written amendments, supplements or
modifications made after the execution of this Agreement in accordance with
Paragraph 13 hereof, this Agreement represents the entire agreement between
the Parties regarding the subject matter of this Agreement and supersedes all
prior negotiations, representations and agreements, either oral or written, or
made by or to any employee, officer, or agent of any Party.
20. Authority The persons signing this Agreement on behalf of the Parties
represent and warrant to have the respective Party's authority to enter into and
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} execute this Agreement, and shall indemnify the other Party for any lack of such
authority.
21. Confidentiality Customer requests that its identity be kept confidential
and not publicly disclosed by Verizon or the Commission, unless required by law.
22. Public Contract Code Verizon (1) is aware of, and acknowledges the
State of California's policy concerning enforcement of child and family support
obligations as set out in Section 7110(a) of the Public Contract Code; (2) to the
best of Verizon's knowledge, it is fully complying with earnings assignment
orders of all employees; and (3) to the best of Verizon's knowledge, Verizon is
providing the names of all new employees to the Illinois State New Hire Registry
pursuant to 42 U.S.C. §653a(b)(1)(B) and California Unemployment Insurance
Code §1088.5(d)(3). i
VERIZON CALIFORNIA INC. CITY OF CATHEDRAL CITY
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ATTACHMENT A
Verizon shall provide IntraLATA Toll Service to Customer pursuant to this
Agreement at the following rates, terms and conditions:
Service Offering:
Customer must sign and date this Agreement on or before September 1,
2001 or the proposed Service arrangement and price will no longer be available.
This Agreement will not be considered fully executed until signed by both
Customer and Verizon.
Location of IntraLATA Toll Service
IntraLATA Toll Service shall be provided to Customer's Designated
Locations in California set out in Exhibit 1 to Attachment A.
Customer may add Customer Locations for IntraLATA Toil Service during
the term of this Agreement, provided that such other Customer Locations are I
within Verizon's franchise service territory.
Description of IntraLATA Toll Service
This Agreement covers all calls originating on the lines at the locations
and under the billing telephone numbers (BTNs) of the Customer included in
Exhibit 1 to Attachment A on either a(n) (a) direct dialed or (b) operated assisted
basis.
For purposes of this Agreement, direct dialed calls shall include those
dialed on a 1 + or 0+ basis and operator - assisted calls shall include those dialed on
a 0- basis. Wide Area Telephone Service (WATS), mobile service, Verizon pay
station, residential, lines with Handicap discount, Zone Usage Measurement
(ZUM) Zone 3, and Local Usage Zones 1 and 2 are not applicable under this
Agreement. Credit or calling card calls (0 +) must be placed using a Verizon calling
or credit card. Operator assisted calls (0 -, third number billed or collect) shall be
only those calls billed to a line or BTN set forth in Exhibit 1 to Attachment A.
Operator surcharges (0 +, 0 -, third number billed and collect calls) shall not
be waived or discounted under this Agreement.
For purposes of meeting the annual minimum set forth below, the minutes
of use for Verizon Business Line 800 calls terminating to a line number or BTN set
forth in Exhibit 1 to Attachment A (or such other locations added for IntraLATA Toll
Service as allowed in this Attachment A) shall be included. However, Verizon
Business Line 800 minutes shall be charged for at the published Tariff rates.
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All calls shall originate within one of the Local Access and Transport Areas
( "LATAs ") or Market Serving Areas ( "MSAs ") within the State of California, and
terminate within the same LATA or MSA.
BTNs and Verizon usage covered by this Attachment A are not eligible for
` other Verizon discount plans or promotional discounts.
IntralLATA Toll Carrier Selection:
Customer is responsible for taking any necessary action to select Verizon
as its IntraLATA Toll carrier for all lines Customer wants covered under this
Agreement. If Customer has not selected Verizon as its IntraLATA Toll carrier, all
r such calls will be handled by Customer's selected carrier at the carrier's prevailing
rates and charges, the rates and benefits of this Agreement will not be available for
such calls, and Verizon cannot apply the call usage toward the Customer's annual
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minimum minutes commitment set out in this Agreement.
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1 Charges: E
The following rates apply to minutes of use covered under this Agreement,
as set forth above:
r Initial 18 Seconds Each Additional Six Seconds
Day /Evening/Night Rate: $0.0180 $ 0.0060
{ The above charges do not include Federally mandated end user common
line charges, any applicable local, state, or federal fees, taxes, surcharges, or
other applicable tariffed charges.
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F Minimum Commitment:
This Agreement shall be for a minimum amount of thirty thousand (30,000) i
1 minutes of use per contract year ( "Minimum Minutes "). All minutes of use
associated with calls, as set forth above shall apply towards the Customer's total
1 Minimum Minutes.
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1 A contract year shall be the three hundred and sixty -five (365) day period
1 beginning with the in- service date, as set forth in Section 4, and ending the day
1 prior to the anniversary of the in- service date.
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At the end of each contract year, Verizon shall determine the total number
of minutes actually billed to the Customer for that year ( "Actual Minutes ").
If the Actual Minutes are less than the Minimum Minutes, Verizon shall
l determine the difference by subtracting Actual Minutes from Minimum Minutes.
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This difference will then be multiplied by $0.060 and billed to the Customer in
addition to charges billed to Customer based on Actual Minutes.
Minimum Minutes
- Actual Minutes
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Difference
x 0.060
Reconciliation Amount Billed to Customer
Basic Termination Liability
In the event Customer elects an early termination of this Agreement,
Customer shall be charged the difference between the Actual Minutes billed and
the Minimum Minutes commitment for the year of termination, plus forty percent I
(40 %) of the annual Minimum Minutes commitment for each additional year of the 4
term remaining unfulfilled.
1 If Customer terminates this Agreement subsequent to the execution of this
Agreement by the Parties but prior to the in- service date, Customer shall pay to i
Verizon all costs incurred by Verizon for contract and service preparation.
Adjustments and Credits: i
Contract year -end adjustments, charges or credits, shall be separately
billed to Customer within ninety (90) calendar days of the end of the contract year
and shall be payable within thirty (30) calendar days of the date shown on the bill.
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ATTACHMENT B
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' Verizon shall provide CentraNet® Service to Customer pursuant to this I
Agreement at the following rates, terms and conditions:
Service Offering:
Customer must sign and date this Agreement on or before September 1,
2001 or the proposed Service arrangement and price will no longer be available. i
This Agreement will not be considered fully executed until signed by both
Customer and Verizon.
Description of CentraNet® Service
CentraNet® Service is an arrangement whereby certain basic and optional
features are provided from central office switching equipment located on
1 Verizon's property. Customer must maintain a minimum of two (2) CentraNet®
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Service lines for each customer group location per serving Verizon central office.
h Location of CentraNet® Service:
CentraNet® Service shall be provided at the BTNs and locations identified
in Exhibit 1 to Attachment B. I
► Customer may add Customer Locations for CentraNetO during the term of
► this Agreement, provided that such other Customer Locations are within
Verizon's franchise service territory.
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Charges:
A. Monthly Recurring Charges (MRC):
Initial Order
Q uantit y Monthly Recurring Charge Items Per Line Charge
95 CENTRANET® LINE $10.50
95 FEATURE PAK 1000 $ 2.25
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The above charges do not include Federally mandated end user common
line charges, any applicable local, state, or federal fees, taxes, surcharges, or
other applicable tariffed charges.
Charges for any other Additional Features ordered by Customer are taken
from Verizon's Tariff, and are subject to change with that Tariff.
B. Non - Recurring Charges (NRC)
Rates for initial installation, moves, and changes, including line additions
will be assessed from the applicable tariff.
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Basic Termination Liability Charges (BTL)
Should Customer terminate the Agreement before the expiration date,
Customer shall pay twenty -five percent (25 %) of the rates and charges, set forth
above, for the Initial Order Quantities set forth for the remaining life of the 4
contract. See formula below.
Termination Liability = 25% X # of lines X $ (monthly line rate) X # of i
months remaining at the time of termination. i
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If Customer terminates this Agreement subsequent to the execution of this
Agreement by the Parties but prior to the in- service date, Customer shall pay to
Verizon all costs incurred by Verizon for contract and service preparation.
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Exhibit 1 to Attachment A
IntraLATA Toll i
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Billing Number Customer Name Address
760 202 -0415 CATHEDRAL CITY CITY OF 35502 DATE PALM DR CATHEDRAL CTY
760 202 -1028 CATHEDRAL CITY SENIOR 34445 CORREGIDOR OR CATHEDRAL CTY s
760 202 -1475 CATHEDRAL CITY CITY OF 34481 DATE PALM DR CATHEDRAL CTY
760 202 -1477 CATHEDRAL CITY CITY OF 68100 RAMON RD CATHEDRAL CTY
760 202 -1487 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1489 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1490 CATHEDRAL CITY CITY OF 32100 DESERT VISTA RD CATHEDRAL CTY
760 202 -1491 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1492 CATHEDRAL CITY CITY HALL 36913 DATE PALM DR CATHEDRAL CTY
760 202 -1494 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1498 CATHEDRAL CITY CITY OF 34481 DATE PALM DR CATHEDRAL CTY
760 202 -2643 CITY OF CATHEDRAL CITY 69471 SERENITY RD CATHEDRAL CTY
i 760 202 -2653 CATHEDRAL CITY CITY OF 34260 LINDA WAY CATHEDRAL CTY
760 321 -0111 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
k 760 321 -0887 CATHEDRAL CITY CITY OF 38073 CHRIS DR CATHEDRAL CTY
s 760 321 -1548 CATHEDRAL CITY SENIOR 68727 PALM CANYON DR E CATHEDRAL CTY
760 321 -2766 CATHEDRAL CITY CITY OF 30354 PAULINE AVE CATHEDRAL CTY i
760 321 -7062 CATHEDRAL CITY CITY OF 69038 PALM CANYON DR E CATHEDRAL CTY E
760 321 -8512 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 322 -6473 CITY OF CATHEDRAL CITY 68173 DURANGO RD CATHEDRAL CTY
760 322 -6549 CITY OF CATHEDRAL CITY 28905 AVENIDA MARAVILLA CATHEDRAL CTY
760 322 -8659 CATHEDRAL CITY CITY OF 27610 LANDAU BLVD CATHEDRAL CTY !
760 322 -9916 CITY OF CATHEDRAL CITY 28905 AVENIDA MARAVILLA CATHEDRAL CTY
760 324 -2041 CATHEDRAL CITY SENIOR 34445 CORREGIDOR DR CATHEDRAL CTY 1
760 324 -2582 CATHEDRAL CITY CITY OF 68727 PALM CANYON DR E CATHEDRAL CTY
760 324 -3999 CATHEDRAL CITY CITY OF 68385 KIELEY RD CATHEDRAL CTY
760 324 -6969 CATHEDRAL CITY CITY OF 68615 PEREZ RD CATHEDRAL CTY
760 324 -8388 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 328 -0916 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
` 760 328 -1219 CATHEDRAL CITY CITY OF 68727 PALM CANYON DR E CATHEDRAL CTY
760 328 -2222 CATHEDRAL CITY FIRE DEPT 36913 DATE PALM DR CATHEDRAL CTY
760 328 -8912 CATHEDRAL CITY CITY OF 68999 PALM CANYON DR E CATHEDRAL CTY
760 416 -1107 CATHEDRAL CITY CITY OF 200 S CIVIC DR PALM SPRINGS
760 416 -1419 CATHEDRAL CITY CITY OF 200 S CIVIC DR PALM SPRINGS
` 760 770 -8200 CATHEDRAL CITY CITY OF 32100 DESERT VISTA RD CATHEDRAL CTY
760 864 -7223 CATHEDRAL CITY CITY OF 27610 LANDAU BLVD CATHEDRAL CTY
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Exhibit 1 to Attachment B
CentraNet®
Billing Number Customer Name Address
760 202 -1471 CATHERDRAL CITY CITY OF 35325 DATE PALM DR PALM SPRINGS
760 202 -1475 CATHEDRAL CITY CITY OF 34481 DATE PALM DR CATHEDRAL CTY
760 202 -1477 CATHEDRAL CITY CITY OF 68100 RAMON RD CATHEDRAL CTY
760 202 -1485 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1487 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1489 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1490 CATHEDRAL CITY CITY OF 32100 DESERT VISTA RD CATHEDRAL CTY
760 202 -1491 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -1492 CATHEDRAL CITY CITY HALL 36913 DATE PALM DR CATHEDRAL CTY
760 202 -1494 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 202 -2643 CITY OF CATHEDRAL CITY 69471 SERENITY RD CATHEDRAL CTY
760 202 -2653 CATHEDRAL CITY CITY OF 34260 LINDA WAY CATHEDRAL CTY
760 321 -0111 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 321 -0887 CATHEDRAL CITY CITY OF 38073 CHRIS .DR CATHEDRAL CTY
760 321 -2766 CATHEDRAL CITY CITY OF 30354 PAULINE AVE CATHEDRAL CTY
760 321 -7062 CATHEDRAL CITY CITY OF 69038 PALM CANYON DR E CATHEDRAL CTY
760 322 -6473 CITY OF CATHEDRAL CITY 68173 DURANGO RD CATHEDRAL CTY
760 322 -8659 CATHEDRAL CITY CITY OF 27610 LANDAU BLVD CATHEDRAL CTY
760 324 -2493 CITY OF CATHEDRAL CITY 68752 BUDDY ROGERS AVE CATHEDRAL CTY I
760 324 -3999 CATHEDRAL CITY CITY OF 68385 KIELEY RD CATHEDRAL CTY
760 324 -8388 CATHEDRAL CITY CITY OF 68700 AVENUE LALO GUERRERO CATHEDRAL CTY
760 328 -1219 CATHEDRAL CITY CITY OF 68727 PALM CANYON DR E CATHEDRAL CTY
760 328 -2222 CATHEDRAL CITY FIRE DEPT 36913 DATE PALM DR CATHEDRAL CTY
760 770 -8200 CATHEDRAL CITY CITY OF 32100 DESERT VISTA RD CATHEDRAL CTY
760 864 -7223 CATHEDRAL CITY CITY OF 27610 LANDAU BLVD CATHEDRAL CTY
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