The URL can be used to link to this page

Home My WebLink About1996-098 Agrmt - US WestJune 7, 1996 Jill Turner Director of Finance City of Ashland 20 E. Main Ashland, OR 97520 estern ¢~t~ork rvi)ees !no. Dear Jill;: I would like to let you know how much I appreciate your business. My goal is to provide you with the security and confidence of knowing that you have the best rates and services at a competitive rate, while protecting your future application needs. WANS, Inc., offers me the unique experience of a committed support team. This frees me up to work more closely with you, and becomes especially valuable when we are addressing more complicated networks. I am enclosing your copies of the rate stabilization agreements that US West approved for your renewal /extension of Centrex Plus. You should not receive any charges on your bill. We do want you to call if you have questions about your bill. Brian is available at 1-800-925-9267. You may also fax the bill to him at 1- 360-896-6923. US West will be surveying you for our responsiveness to your service needs. This is an important survey to WANS, as it is used to evaluate our performance. Interestingly, they only count "A" 's. So, in your eyes, that is what we aim to earn. Brian or Melinda from WANS, project group, may contact you from time to time, as well. I'll be checking in to see how things are going! Thank-you again for your confidence. Sincerely, loni ~antle ~q~unt Manager 1-800-965-5664 11701 N.E. 95th Street, Suite E ~otho~od aj~t ~ i i~,.i.~fE..~--r~OMMUNiCA TiONS (~) Vancouver, WA 98682 Office (360) 896-6078 Facsimile (360) 896-6923 Direct (800) 925-WANS (9267) Agreement Number Billing Number U S WEST CENTREX PLUS SERVICE RATE STABILITY PLAN AGREEMENT This is an Agreement between ~!/?~? C/:~ /~.3/') (~/'~/°2.) ("CUSTOMER'), and U S WEST COMMUNICATIONS, INC. ("USWC"), for the provision of U S WEST CENTREX PLUS Service. SCOPE. USWC shall provide and CUSTOMER shall purchase CENTREX PLUS Service ("Service"). Service is an intrastate, intraLATA, USWC central office-based local exchange telecommunications service which includes: 1) transpod of CUSTOMER's business communications between the Standard Network Interface ("SNI") at CUSTOMER's location(s) covered by this Agreement and USWC's serving central office; 2) intraCUSTOMER calling capability (intercommunication); 3) use of related Service features: and 4) Exchange/Network Access. The SNI is the location where USWC's protected network facilities end and CUSTOMER's inside wire or network begins. The Service is provided by means of Main Station Lines, stored program controlled central office switching equipment, and either a per Main Station Line (non-blocked) access to the general network or controlled (blocked) access through the use of Network Access Registers or Channels, as determined by CUSTOMER. This Aqreement provides rate stability for all Service elements except Exchanqe/Network Access, Common Access Line Charqes (CALC) or End User Common Line (EUCL) charqes, and inter-office transport mileaqe charqes. USWC provides Service in accordance with the applicable Tariff, Price List, and/or Catalog ("Tariff") for the state in which Service is provided, incorporated herein by this reference. TERM. The term of this Agreement will commence on the latest signature date in the execution sec-ffion, provided mandatory filing requirements are met. This Agreement will expire ",'// ( /V~ ) months from either: a. The first installation date of Service as evidenced by USWC's records, if Service is new; or b. The date of ~-~:.~.:, ._ Should USWC continue to provide Service after this term without a further agreement, the Service charges will convert to the applicable month-to-month rate under the terms of the applicable Tariff, or, in its absence, this Agreement. CHARGES, 3.1. The initial number of Main Station Lines covered by this Agreement is ~/'¢ r~ ( 4/b~ ) which shall be provided between USWC's /L2;~ .~-'7//~ ~',/2_.. and CUSTOMER's associated Service locations. CUSTOMER's total initial monthly recurring and non-recurring charges for the rate stabilized Service elements are: Monthly Recurring $ 1,l/P- .- Non-Recurnng $ /t/A . USWCs service and billing records shall document CUSTOMER's Service elements,' locations, and quantities initially installed or added during the term of this Agreement and the associated Tariff monthly recurring stabilized rates. USWC's records are incorporated into this Agreement by reference. 3.2. Each stabilized monthly recurring Main Station Line rate shown on CUSTOMER's bill is the sum of the applicable USWC Tariff flat Main Station Line rate and the current Federal Communications Commission CFCC") End User Common Line charge. If the FCC End User Common Line charge changes during the term of this Agreement, USWC shall adjust the flat Main Station Line rate so that the sum remains the same. The charges for Services 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. BILLING FOR SERVICE. CUSTOMER shall pay each bill in full by the payment due date on each bill. Where permitted by law, late payment charges shall be assessed according to Tariff, or law. Julv 17 1995 R~G'01-0150c 5o MOVES, CHANGES. CUSTOMER may request changes to location, quantity, type, or grade of Service and USWC shall grant such requests subject to the availability of facilities and the terms and conditions of the applicable Tariff, Price List and/or Catalog. CUSTOMER agrees to pay all rates and charges that apply to the requested changes. TERMINATION. If after installation of Service CUSTOMER requests termination of Main Station Lines to a level that is less than sixty percent (60%) of the actual initial number of Main Station Lines installed (as evidenced by USWC's records), CUSTOMER shall pay early termination charges based on: total remaining monthly charges for Service terminated below the sixty percent (60%) threshold, multiplied by fifteen percent (15%), plus the balance of all billed but unpaid recurring and all outstanding non-recurring charges. A termination charge will be waived when the CUSTOMER discontinues Services and ALL of the following conditions are met: 1) CUSTOMER signs a new service agreement for any other USWC provided 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 new service(s) are received by USWC at the same time; 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 Period, 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. 10. 11. INTERRUPTIONS TO SERVICE. Tariff specifies the credit allowance due CUSTOMER, if any, for interruptions to Service which are not caused by CUSTOMER's negligence. PERSONAL INJURY; PROPERTY DAMAGE. Each party shall be responsible for any actual physical damages it directly causes to the other 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 TO THE OTHER 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. 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 SECTION 8, 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 CREDIT FOR INTERRUPTIONS TO SERVICE UNDER THIS AGREEMENT. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT. NO WARRANTIES. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNCONTROLLABLE CONDITIONS. Neither party shall be deemed in violation of this Agreement if it is prevented from performing any of the obligations hereunder 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. Julv17 1995 RG'01-0150c 12. DISPUTE RESOLUTION. 13. 14. Other than those claims over which a regulatory agency has exclusive jurisdiction, all claims, regardless of legal theory, related directly or indirectly to this Agreement, 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 telecommunications law shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA"). b. All expedited procedures prescribed by the AAA shall apply. The arbitrator's decision shall be final and binding and judgment may be entered in any court having jurisdiction thereof. 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 1-15) shall govern and control with respect to any issue relating to the validity of this Agreement to arbitrate and the arbitrability of the claims. 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. 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 agency orders including the Modification of Final Judgment ("MFJ"), as issued in United States v. Western Electric Ca., et al., Civil Action No. 82-0192, U.S. District Court for the District of Columbia, and all subsequent orders issued in or related to that proceeding. This Agreement shall be governed by the laws of the state where Service is provided. Any change in the rates, charges or regulations authorized by the legally constituted authorities will act as a modification of all contracts to that extent without further notice. 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 MFJ, 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, commercially and practicably continue without the terminated provision, the remainder of this Agreement shall continue in effect. 15. GENERAL PROVISIONS. a. Failure or delay by either party to exercise any right, power, or privilege hereunder shall not operate as a waiver hereto. b. This Agreement will not be assignable by CUSTOMER without the express written consent of USWC. c. This Agreement benefits CUSTOMER and USWC. There are no third party beneficiaries. d. This Agreement constitutes the entire understanding between CUSTOMER and USWC with respect to Service provided herein and supersedes any prior agreements or understandings. July 17 1995 RG'01-0150c The parties hereby execute and authorize this Agreement as of the latest date shown below: CUSTOMER .,~ud~ized Sig na'fG~e Name/Title - Typed or Printed Address for Notices U S WEST COMMUNICATIONS, INC. Name/Title - Typed or Pri'nted Date Address for Notices Julv 17 1995 RG'01-0150c Agreement Number ADDENDUM TO U S WEST gENTREX PLUS SERVICE RATE STABILITY PLAN AGREEMENT This Addendum is executed by and between CUSTOMER, as named in the agreement specified above ("Underlying Agreement"), and U S WEST Communications, Inc. to list the CUSTOMER business address locations that shall receive Service from the USWC Central Office specified in the Underlying Agreement. All terms and conditions of the Underlying Agreement apply to each location. Initial Number of Service Location(s) Main Station Lines 2 /1.5'5' ~' ,~q,4/,,~' / 7 ~4 ~/~ ~ ~, ¢~ / ~6 17 18 19 2O The parties hereby execute and authorize this Addendum as of the latest date shown below: CUSTOMER Aut~.drized Signature Name~itle - Typed or Printed Date '~-¢'¢~' ~~' U S WEST COMMUNICATIONS, INC. rized Signature Name/Title - Typed or Printed Date