HomeMy Public PortalAboutDigital Centrex Svce AgmntAgreement Number: 99-MCCALL-001
400
C1 TIMIEA 1rS
communications
DIGITAL CENTREX SERVICE AGREEMENT
This Digital Centrex Service Agreement ("Agreement") is entered into by and between
CITIZENS TELECOMMUNICATIONS COMPANY OF IDAHO, with offices located at 201
Lenora Street, McCall, Idaho 83638 ("Citizens") and CITY OF McCALL, located at P. O. Box
986, McCall, Idaho 83638 ("Customer"). Citizens and Customer will be referred to herein
collectively as the ("Parties") and singularly as ("Party").
1. SCOPE:
A. Citizens will install the requested number of Digital Centrex Lines ("Service") as
defined in Citizens' Tariff filed with the Idaho Public Utilities Commission ("Tariff') at the location
as set forth in the Attachment affixed hereto and included by reference herein.
B. Customer is required to retain, as a minimum, the number of lines initially
subscribed to under this Agreement. Service may be added from time to time and will be
charged at the rate set forth in the Attachment and will be coterminous with the Agreement.
2. ADDITIONAL LINES:
Citizens agrees to install additional Service as requested by Customer at the same per line
charge as set forth in the Attachment. These additional lines will be considered part of this
Agreement for the purpose of time, line charge, and termination. Tariffed installation charges
and other applicable rates and charges in effect at the time of future changes will apply.
3. TERM:
This Agreement will remain in effect for the term as set forth in the Attachment, effective from
the In -Service -Date. Upon the expiration of this Agreement, the Service will continue on a
month -to -month basis, at the month -to -month Tariffed rates, until terminated by either Party
upon thirty (30) days' prior written notice to the other Party or renewed by mutual agreement of
the Parties.
4. INVOICES AND PAYMENTS:
A. Customer will be responsible for and will pay Citizens the Monthly Recurring
Charge as set forth in the Attachment to this Agreement.
B. In accordance with Citizens' Tariff, Citizens' rates and charges are billed on a
monthly basis in advance for service, and in arrears for usage. All bills will be due and payable
upon date of presentation of such bill in accordance with Citizens' normal billing practices.
C. Rates and Charges set forth in the Attachment do not include applicable Federal
PROPRIETARY INFORMATION
Page 1
Agreement Number: 99-MCCALL-001
End -User Common Line Charges, State of Idaho Public Utilities Commission mandated
surcharges, fees, or applicable taxes, and other applicable Tariff charges. Special construction
charges may be applicable for the establishment or rearrangement of telephone service when
suitable plant facilities are not available or when the construction of the necessary facilities
involves excessive costs.
D. Late Payment Fees will be assessed for payments not received by Citizens in
accordance with the Tariff, at the late payment fee set forth in such Tariff.
5. ACCESS:
Customer agrees to provide Citizens with free and direct access to the location, upon
reasonable notice on any day or night during the term of this Agreement, for the purpose of
installation and maintenance of Service.
6. TERMINATION CHARGES:
In the event that Customer terminates this Agreement for any reason, including legal action by
means of a court order during the term, Customer agrees to compensate Citizens on the basis
of the termination formula set forth below:
In the event that Customer terminates the Service prior to completion of the initial term
of this Agreement, a termination charge will apply. The termination charge will be an amount
representing the difference between (i) the charges billed for Service provided pursuant to the
Agreement, and (ii) the charges applicable under the Citizens' month -to -month Service rates,
for a period representing the greater of 50% of the term of the Agreement or the actual number
of months in which Service was provided pursuant to the Agreement. The termination charge is
payable immediately upon termination of the Agreement.
7. OWNERSHIP:
All Service and switching equipment installed pursuant to this Agreement will remain the
property of Citizens up to the demarcation point.
8. SERVICE:
Customer understands and agrees that Citizens' provision of Service is subject to the terms and
conditions of Citizens' Tariff on file. In the event of any conflict between any provision of this
Agreement and any provision of Citizens' Tariff, the provisions of Citizens' Tariff will prevail.
9. NON -ASSIGNMENT:
Customer and its successors, executors or administrators will not assign all or any part of this
Agreement, services, and facilities provided hereunder, or make any alterations to Citizens'
lines or equipment without Citizens' written consent.
Page 2
PROPRIETARY INFORMATION
DEC-15-99 WED 12:29 PM CUSTOMER SERVICE DALLAS FAX NO. 3154618933 I R.5434
. DE.-. 7.. ;?'a
i•,
P. 05
Agreement N
ber. 99-MCCALL-001
1 p. CpOVERNIN_Q LAW;
This Agreement is governed by and construed and enforced in accordance with the laws of the
state of Idaho.
11. ENTIRE AGREEMENT;
This Agreement, any attachments hereto, and Citizens applicable Tariff contains the entire
Agreement and understanding of the Parties with respect to the subject mat er contained herein
and supersedes any prior or contemporaneous written or oral agreements o understandings
with respect thereto between ntmten consent of both Pa�esAgreement may b€ modified or
amended without the prior
12. INDEMNIFICATION: 4••
Citizens hereby Indemnifies, protects, and holds harmless and hereby releases Customer and
all of its successors, executors or administrators from and against any and all liability, losses,
injuries, damages, claims, demands, suits, and fees, Including reasonable attomay's fees,
costs, or judgments which may arise out of any negligent act or omission of Citizens, Its
officers, agents or employees. Customer hereby indemnifies, protects and I+olds harmless and
hereby releases Citizens and all of its officers, agents and employees against any and
all Ila6iliry, losses, injuries, damages, claims, demands, sults and fees, Incluping reasonable
attorney's fees, costs or judgments which may arise out of any negligent ad or omission of
Customer, and Its successors, executors or administrators.
Citizens and Customer have caused their duly authorized representatives to execute this
Agreement on their behalf.
CITY 'OF McCALI:
By; Typed: , 6•1 / Gs 14- 4 L efi-•TJ. ni Typed: Francis occo
CITIZENS TELECOMM
COMPANY OF IDAHO:
NICATIONS
Title: , C'S rY M4rr e�—
Date:
/0/1-4/q9
By:
Title:_ Regional VP. R - tail Sales
Date:
P120PRIETARY INFORMATION
(-2—/e, '?
Page 3
Agreement Number: 99-MCCALL-001
DIGITAL CENTREX SERVICE AGREEMENT
ATTACHMENT
1. SERVICE LOCATION: City of McCall
216 East Park Street
McCall, Idaho 83638
2. BILLING ACCOUNT NUMBER: (208) 634-7142
3. SERVICE:
Digital Centrex Lines: Requested Number: 45
4. TERM: Three (3) years
5. CHARGES:
MONTHLY RATE PER LINE
(Q_TY_ (unless otherwise noted) MONTHLY TOTAL
Centrex Lines Virtual : 15 $49.00 $735.00
Centrex Lines Intragroup: 30 $20.90 $627.00
Voice Mail Boxes: 28 $6.95 $194.60
$1,556.60
Additional services, such as Centrex Feature Packages, Centrex Optional Features, Network
Access Register (NAR)Nirtual Facility Group (VFG) will be billed at applicable Tariff charges as
may be changed from time to time.
6. The current FCC Monthly Subscriber Line Charge is $9.20 per line according to FCC
requirements and is subject to change based on the Tariff changes.
7. The following one time charges are applicable:
Service order charge: $22.00 per order
Line access charge: $33.00 per new Centrex line
Page 4
PROPRIETARY INFORMATION