Item C30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 03/16/11 Division: TECHNICAL SERVICES
Bulk Item: Yes X No _ Department: TECHNICAL SERVICES
Staff Contact /Phone #: Lisa Druckemiller , 295-5100
AGENDA ITEM WORDING:
Approval of an Addendum Agreement # FL11-0490-00 to the AT&T Master Agreement #
201012220258UA providing for a five-year lease term for existing single mode, point-to-point dry
fiber connections in Key West Florida between the Harvey Government Center and the
following facilities: the Gato Building, the Key West Courthouse Complex, the Key West
Library and the DJJ/MCSO Headquarters Building on Stock Island at current pricing reflected
in contracts FL02-E995-04, FL02-H385-02, FL02-H387-01, and FL024775-02.
ITEM BACKGROUND AT&T (formerly, BellSouth) provides numerous telephone and data services
to Monroe County. As part of these services, AT&T provides leased "dry" fiber lines between our
main data center and various offices around Key West. These fibers provide high speed network
connectivity between the offices. This Addendum Agreement extends the term of this lease at current
pricing for an additional five years. Furthermore, this Addendum will now be governed by the terms
and conditions of a newly signed Master Agreement between AT&T and Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
Approval of AT&T Dry fiber 6-month extension - November 17, 2010
Approval of AT&T Master Agreement # 201012220258UA — January 19, 2011
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:$ 175,500.00 INDIRECT COST:$ 0.00 BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:$ 175,500.00
REVENUE PRODUCING: Yes T
APPROVED BY: County AttyY
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
SOURCE OF FUNDS: Primarily Ad Valorem
10 X AMCTNT PER MONTH Year
/Purc asing Risk Management/
X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: AT&T
Contract # FL 11-0490-00
Effective Date: 03/16/11
Expiration Date: 03/31/16
Contract Purpose/Description:
Addendum Agreement to AT&T Master
Agreement # 201012220258UA providing for
a 5 year lease term to existing single mode
point-to-point d fiber connections between
County buildings in Key West FL
Contract Manager: Lisa Druckemiller
5100 Technical Services 5-B
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 03/16/11
Agenda Deadline: 03/01/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 175,500 Current Year Portion: $ 17,550
Budgeted? Yes® No ❑ Account Codes: 001-CYS(xi-530-340-
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $0/yr For: 5 year Dry Fiber Lease
Not included in dollar value above e . maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In Needed
Division Director of Yes[] No❑
Risk Manageluent '� ' 1 Yes❑ No❑
O.M.B./Pu�h n 7,-i)`')`6 i Yes❑ Nol
County Attorney;` 1 d
Comments:
OMB Form Revised 2/27/01 MCP #2
Yes❑ No r a
] , t 4 kl ( t. f-F L,( 4
Date Out
C' :rik"(1
Addendum Agreement
Case Number FL11-0490-00
AT&T MA Reference No. 201012220258UA
CUSTOMER "Customer"
AT&T "AT&T"
Monroe County, by and through it's Board of County
For purposes of this Pricing Schedule, AT&T means the
Commissioners, a political subdivision of the State of
Service Provider specifically identified herein.
Florida
Street Address: 1200 Truman Ave
City: Key West
State: FL Zip Code: 33040-
Billing Address
Street Address: 1200 Truman Ave
City: Key West
State: FL Zip Code: 33040-
CUSTOMER Contact (for Contract Notices)
AT&T Sales Contact Information and
for Contract Notices
Name: Bob Ward
Name: Elena Cordal
Title: IT Manager
Title: Account Manager
Telephone: 305-289-2815 Fax: - -
Telephone: 305-569-7292 Fax: - -
Email:
Email: ec6561@att.com
Street Address: 1200 Truman Ave
Attention: Assistant Vice President
City: Key West
Street Address: 2180 Lake Blvd., 7th Floor
State: FL Zip Code: 33040-
City: Atlanta State: GA Zip Code: 30319
With a coov to:
AT&T Corp.
One AT&T Way, Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Emal: il: mast att.com
AT&T Authorized Agent or Representative Information if applicable)
Name: Company Name:
Agent Street Address: City: State: Zip Code: -
Telephone: - - Fax: - - Email: Agent Code:
THE UNDERSIGNED PARTIES, BellSouth Telecommunications, Inc. d/b/a AT&T Southeast, ("Company") and Monroe
County, by and through it's Board of County Commissioners, a political subdivision of the Sta ("Customer" or "Subscriber"),
hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change to Pricing Schedules
Contract Service Arrangement (CSA) Agreements FL02-E995-04, F102-H385-02, FL02-H387-01, and FL02-J775-02. This
Pricing Schedule Addendum Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed
and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein.
Offer Expiration: This offer shall expire on: 6/8/2011.
1. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms
and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive
statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements,
oral or written, between the parties relating to the subject matter of the Agreement.
Page 1 of 5
aw
Addendum Agreement
Case Number FL11-0490-00
This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber
and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument
executed by both parties, approved by the appropriate Company organization, and incorporated into Company's
mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and
Company to this Agreement.
Customer
(by its authorized representative)
AT&T
b its authorized representative)
B:
B
Printed or Typed
Name:
Printed or Typed
Name:
Title:
r
Title: ..
Date:
Date:
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Page 2 of 5
Addendum Agreement
Case Number FL11-0490-00
Option 1 of 1
Service Provider: BellSouth Telecommunications, Inc. d/b/a AT&T Southeast
Offer Expiration: This offer shall expire on: 6/8/2011.
Service Interval: Estimated service interval following acceptance date: Negotiable weeks.
Description: This Pricing Schedule offers an extension of the service period for single mode, point-to-point, dry fiber between
the following locations:
700 Fleming Street, Key West, FL
1100 Simonton Street, Key West, FL
1200 Truman Avenue, Key West, FL
5501 College Road, Key West, FL
500 Whitehead Street, Key West, FI
Pricing Schedule Term: This Pricing Schedule is extended for sixty (60) months. The new expiration date is March 31, 2016.
Jurisdiction: Under this Agreement, the 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.
Customer understands and agrees that Company is relying upon Customer's representations concerning the proper
jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its
sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms
accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the
Customer represented. Customer agrees to hold the Company harmless, and to indemnify and defend the Company from any
and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any
good faith effort to comply with applicable regulatory requirements.
Page 3 of 5
cat&t
RATES AND CHARGES
Rate Elements
There are no changes to the
existing rate elements.
Addendum Agreement
Non -Recurring
Page 4 of 5
M
Case Number FL11-0490-00
Option 1 of 1
Monthly Rate USOC
w
Addendum Agreement
RATES AND CHARGES
Case Number FL11-0490-00
Option 1 of 1
The `NOTES' Section of the `RATES AND CHARGES' PAGES OF Pricing Schedules FL02-E995-04, FL02-H385-02, FL02-
H387-01, and FL02-J775-02 is modified as follows:
2. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected
prior to the expiration of this SSA, then Subscriber will pay full nonrecurring charges as identified below in addition to
applicable termination liability.
USOC NONRECURRING CHARGE
WGGVF-Contract Preparation Charge $423.00
There are no other additions, deletions or changes to the above referenced Contract Service Arrangement Agreement
included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain
unchanged and in full force.
END OF ARRANGEMENT AGREEMENT OPTION 1
Page 5 of 5
Technical Services
March 16, 2011
Item Background
BellSouth/AT&T has provided Technical Services with a proposal to extend the existing leases
for our dry fiber line leases in Key West. The current agreement expired on September 30, 2010.
At the November meeting, the BOCC approved a 6 month extension of that agreement to allow
us to complete the negotiations with AT&T for a new Master Agreement which would contain
the terms and conditions that would govern agreements between the County and AT&T in the
future.
Now that those negotiations are complete and a new agreement approved in January of 2011, we
present for your consideration a five (5) year lease of the dark fiber lines in Key West at a price
per month which is the same as what we were paying under the expired agreement. These lines
are critical infrastructure for Monroe County as they provide the main connectivity for the large
office complexes around Key West.
Current Leased Fiber Lines
Presently, the County leases 4 fiber lines from AT&T to connect various satellite offices in Key
West to our main data center at the Harvey Government Center. The following offices are
included:
Site Length Current Cost Proposed Cost
County Courthouse
2 Miles
$450.00
$450.00
Detention Center
7 Miles
$1575.00
$1,575.00
Key West Library
2 Miles
$450.00
$450.00
Gato Building
2 Miles.
$450.00
$450.00
Monthly Total
$2,925.00
Lease Total ($2,925 x 60) $175,500.00
Staff Recommendation
Technical Services recommends that the Monroe County Board of County Commissioners
approve this Addendum Agreement FL 11-0490-00 providing for a five (5) year lease for our
existing dry fiber line leases under the new Master Agreement 201012220258UA with AT&T.
at&t
MASTER AGREEMENT
AT&T MA Reference No.
Customer
AT&T
Board of County Commissioners of Monroe County (herein
AT&T Corp.
after "County").
or enter the International Affiliate Name
Street Address: 1200 Truman Avenue
City: Key West State/Province: FL
Zip Code: 33040 Country: USA
Customer Contact for notices
AT&T Contact for notices
Name: Lisa Druckemiller
Street Address: 7300 NW 19 Street, Suite 700
Title: Sr. Administrator
City: Miami State/Province: FL
Street Address: 1200 Truman Avenue, Suite 211
Zip Code: 33126 Country: USA
City: Key West State/Province: FL
Zip Code: 33040 Country: USA
With a copy to:
Telephone: 305-295-5110
AT&T Corp.
Fax: (305) 295-5105
One AT&T Way
Email: druckemiller-lisa@monroecounty-fl.gov
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mastoatt.com
This Master Agreement ("Master Agreement"), between the customer named above ("Customer") and the AT&T entity named
above ("AT&T"), is effective when signed by both Customer and AT&T, and continues in effect as long as Services are
provided under this Master Agreement and pursuant to pricing schedules term.
This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are
provided under Pricing Schedules attached to or referencing this Master Agreement ("Services"), Other Services may be
provided by signing additional Pricing Schedules at any time. AT&T standard service offerings are described in Tariffs,
Guidebooks, Service Guides and other documents identified in this Master Agreement.
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1. INTRODUCTION
1.1 Overview of Documents. The terms and conditions governing the Services that AT&T provides to Customer are set
forth in this Master Agreement, the following additional documents, and any other documents executed by the parties and
referencing this Master Agreement (which documents together with this Master Agreement are called "this Agreement"):
(a) Pricing Schedules. A Pricing Schedule (including related attachments) identifies the Services AT&T may provide to
Customer, the price (including discounts, if applicable) for each Service, and the term during which such prices are in
effect ("Pricing Schedule Term"),
(b) Tariffs and Guidebooks. "Tariffs" are documents containing the standard descriptions, pricing, and other terms and
conditions for a Service that AT&T files with regulatory commissions. "Guidebooks" are documents containing the
standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with
regulatory commissions. Tariffs and Guidebooks may be found at att.com/servicepublications or other locations AT&T
may designate.
(c) Acceptable Use Policy. AT&Ts Acceptable Use Policy ("AUP") applies to Services provided over or accessing the
Internet. The AUP may be found at att.com/aup, or other locations AT&T may designate.
(d) Service Guides. The description, pricing, and other terms and conditions for the Service not covered by a Tariff or
Guidebook may be contained in a Service Guide, which may be found at att.com/servicepublications or other locations
AT&T may designate.
1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master
Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where
existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms.
1.3 Revisions to Documents. Subject to Section 8.2(c) (Materially Adverse Change), AT&T may revise Tariffs,
Guidebooks, Service Guides or the AUP (collectively "Service Publications") at any time.
1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this
Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of
this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective
Affiliates comply with this Agreement, regardless of whether an Affiliate has signed a Pricing Schedule.
1.5 Capitalized Terms. Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions).
AT&T DELIVERABLES
2.1 Services. AT&T agrees to either provide or arrange to .have an AT&T Affiliate provide Services to Customer in
accordance with this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where
required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider.
22 AT&T Equipment. Services may include use of certain equipment owned by AT&T that is located at the Site ("AT&T
Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T
Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the
risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its
agents.
2.3 Software. Any software used with the Services will be governed by the written terms and conditions applicable to
such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions
and they take precedence over this Agreement as to such software.
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer
controls as reasonably required to provide the Services, and Customer will obtain, at Customer's expense, timely access for
AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services.
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Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as
well as to use ancillary equipment space within a building, as necessary for Customer's connection to AT&T's network.
Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably
requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes,
wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the
Services, and obtain any necessary licenses, permits and consents (including easements and rights -of -way). Customer will
have the Site ready for AT&T to perform its work according to a mutually agreed schedule.
3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides
Services is a suitable and safe working environment, free of Hazardous Materials. "Hazardous Materials" means any
substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage,
handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety.
AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location
that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials.
3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users
to comply with this Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless
expressly provided to the contrary in applicable Service Publications.
3.4 Internet Services. If a Service is provided over or accesses the Internet, Customer, Customer's Affiliates, and Users
must comply with the AUP.
3.5 Resale of Services. Customer may not resell the Services to third parties without AT&T's written consent. Where
permitted under applicable law, Customer may resell the Services to Customer's Affiliates without AT&T's consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing
Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term.
No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the
end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require
Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month -to -
month service arrangement. Unless a Pricing Schedule states otherwise, during any month -to -month service arrangement,
the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on
30 days' prior notice to Customer.
4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of, and Customer will pay, all
current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, custom clearances, duties,
levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer's
failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or
provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the
delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due
to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty,
and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax
has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Pricing Schedule specifies otherwise, Customer's obligation to pay for all Services will begin upon
installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or
otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as
provided in Section 4.2 — Additional Charges and Taxes), setoff (except as provided in Section 4.5 — Delayed Billing; Disputed
Charges), or delay for any reason. At Customer's request, but subject to AT&T's consent (which may be withheld if there will
be operational impediments or tax consequences), Customer's Affiliates may be invoiced separately and AT&T will accept
payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in
accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its
reasonable judgment. that Customer or Customer's Affiliates are not creditworthy.
4.4 Payments. Payment is due within 45 days after the date of the invoice (unless another date is specified in an
applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the
invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs
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associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT&T may charge late
payment fees (al for Services contained in a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at
the lower of 1.5"% per month (18% per annum) or the maximum rate allowed by law for overdue payments.
4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services invoiced more than 6
months after close of the billing month in which the charges were incurred, except for automated or live operator assisted calls
of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the
reason it is disputed within 24 months after the date of the affected invoice or Customer waives the right to dispute the charge
(except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld, but if not paid when
due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, to the extent AT&T
determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be
reversed.
4.6 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment of MARC-Eligible
Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the
Pricing Schedule Term. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the
preceding 12 month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the
MARC and the total of the applicable MARC-Eligible Charges incurred during the 12 month period, and payment will be due in
accordance with Section 4.4 (Payments).
4.7 Adjustments to MARC.
(a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or
significant restructuring or reorganization of Customer's business, or network optimization using other Services, or
reduction of AT&T's prices, or force majeure events, any of which significantly impairs Customer's ability to meet
Customer's MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with
a corresponding adjustment to the prices or discount available at the reduced MARC level). If the parties reach
mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively.
This Section 4.7 will not apply to a change resulting from Customer's decision to use service providers other than
AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the
application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring
charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule.
(b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer
and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will
specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts, and Customer's
attainment thereof.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. Confidential Information means: (a) information the parties share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement, but only to the extent identified
as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this
Agreement and any pricing or other proposals.
5.2 Obligations. Each party's Confidential Information will, for a period of 3 years following its disclosure to the other
party (except in the case of software, which is indefinite): (a) be held in confidence; (b) be used and transmitted between
countries only for purposes of using the Services or performing this Agreement (including in the case of AT&T, the ability to
utilize Customer's Confidential Information in order to detect fraud, check quality, and to operate, maintain and repair the
Services); and (c) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know
(but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure
restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal
process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited by law, governmental authority or legal process).
5.3 Exceptions. The restrictions in this Section will not apply to any information that: (a) is independently developed by
the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential: or (c) becomes
generally available to the public other than by breach of this Agreement.
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5.4 Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. If Customer
does not want AT&T personnel to comprehend Customer data to which they may have access in performing Services,
Customer should encrypt such data so that it will be unintelligible. Until directed otherwise by Customer in writing, if AT&T
designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that
representative to discuss and disclose Customer's customer proprietary network information (CPNI) to any employee or agent
of Customer without a need for further authentication or authorization.
5.5 Public Records Law. Notwithstanding the foregoing, the County and AT&T shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and AT&T in conjunction with this
agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by AT&T.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
6.1 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR
COURSE OF DEALING, FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS
OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING
CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK
SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED
UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE
LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION.
6.2 Limitation of Liability.
(a) AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF
MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT
CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS
SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN
AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE
DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE
SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T.
(b) SECTION 6.2(a) WILL NOT APPLY TO:
0) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY
AT&T'S NEGLIGENCE;
(ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2
(Trademarks);
(iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR
(iv) DAMAGES ARISING FROM AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, ADVANTAGE. SAVINGS OR REVENUES, OR INCREASED COST OF
OPERATIONS.
6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED
BY AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO:
INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT,
SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS,
SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN
THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER
TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED
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MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR
DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA,
PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS.
6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will
apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were
foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors,
subcontractors, and suppliers. The 'imitations of liability and disclaimers set out in this Section 6 will survive failure of any
exclusive remedies provided in this Agreement.
7. THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend or settle any third -party claim against Customer, its
Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally
award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes
any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or
results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliates or
third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&T's adherence to
Customer's or its Affiliate's written requirements; or (d) use of the Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend or settle any third -party claim against AT&T,
AT&T's Affiliates, and its and their respective employees, directors, subcontractors, and suppliers, and to pay all
compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of
Customers, its Affiliate's, or a User's access to, or use of, the Services and the claim is not the responsibility of AT&T under
Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions
in Section 7.1; or (c) alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software
provided in connection with the Services.
7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for
Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non -
infringing.
7.4 Notice and Cooperation. The party seeking defense or settlement of a third party claim under this Section 7 will
notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so
will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement will
allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense; but the
defending party will use counsel reasonably experienced in the subject matter at issue, and will not settle a claim without the
consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will
be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7.
8. SUSPENSION AND TERMINATION
8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other
party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency
proceeding, or makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension of Services. The following additional termination provisions apply:
(a) Fraud or Abuse. AT&T may terminate or suspend an affected Service, and if the activity implicates the entire
Agreement, terminate the entire Agreement, immediately by providing Customer with as much advance notice as is
reasonably practicable under the circumstances if Customer: Q) commits a fraud upon AT&T; (ii) utilizes the Service
to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or
Service; or (v) interferes with another customer's use of AT&T's network or services.
(b) Material Breach. If either party fails to perform or observe any material term or condition of this Agreement,
including non-payment of charges (subject to Section 4.5 — Delayed Billing; Disputed Charges), and such failure
continues unremedied for 30 days after receipt of notice, the non -breaching party may terminate the affected
Service, and if the breach implicates the entire Agreement, terminate the entire Agreement. If Customer is in breach,
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AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire
Agreement, suspend (and later terminate) the entire Agreement.
(c) Materially Adverse Change. If AT&T revises a Service Publication and the revision has a materially adverse impact
on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after
notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service
Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to
the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to
Customer if it changes prices that are not fixed (stabilized) in a Pricing Schedule, if the price change was mandated
by a governmental authority, or if the change affects a charge imposed under Section 4.2 (Additional Charges and
Taxes).
(d) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T,
AT&T may suspend the applicable portion of the Service. AT&T has the right; however, to suspend or terminate the
applicable portion of the Service immediately when: (i) AT&T's suspension or termination is in response to multiple
or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that
certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions,
liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to
continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of
AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T
Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's
customers or their respective employees.
(e) Infringing Services. If neither of the options described in Section 7.3 (Infringing Services) are reasonably available,
AT&T may terminate the affected Service without liability other than as stated in Section 7.1 (AT&T's Obligations).
(f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T is to install, maintain or
provide Services, AT&T may terminate the affected Service or Service Component, or suspend performance until
Customer removes and remediates Hazardous Materials at Customer's expense in accordance with applicable law_
8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to
Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue
providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally
discontinues providing the Service or Service Component to similarly —situated customers.
8.4 Effect of Termination.
(a) Termination by either party of a Service does not waive any other rights or remedies a party may have under this
Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding
any other Service.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of
termination. If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay
for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials
incurred prior to the effective date of termination, plus any third party charges resulting from the termination.
8.5 Termination Charges
(a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1
(Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a
Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to Section 8.3
(Withdrawal of Services), Customer will not be liable for the termination charges set forth in Section 8.5(b).
(b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates
an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or 8.2(a) (Fraud or
Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), Customer will pay
applicable termination charges as follows: (i) if termination occurs before the end of the Minimum Payment Period,
Customer will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring
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charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum
Payment Period, plus any waived or unpaid non -recurring charges identified in the Pricing Schedule (including, but
not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges
incurred by AT&T from a third party (e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable,
be applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a
MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after applying amounts received
pursuant to (i), for the balance of the Pricing Schedule Term.
(c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an
upgraded Service Component at the same Site, but only if (i) the Minimum Payment Period and associated charge
for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated
charge for the terminated Service Component, and (H) the upgrade is not restricted in the applicable Service
Publication.
IMPORT/EXPORT CONTROL
The parties acknowledge that equipment, services, software, and technical information (including technical assistance and
training) provided under this Agreement may be subject to import and export laws, conventions or regulations, and any use or
transfer of the equipment, products; software, and technical information must be in compliance with all such laws, conventions
and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical
information (even if incorporated into other products) except in compliance with such taws, conventions and regulations.
Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment
and software Customer transmits between countries using the Services.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Subject to Chapter 119, Florida Statutes neither party may issue any public statements or announcements
relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade
names, logos, trademarks, service marks, or other indicia of origin without the other party's prior written consent, which
consent may be revoked at any time by notice.
10.3 Force Majeure. Except for payment of amounts due, neither parry will be liable for any delay, failure in performance,
loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of
civil or military authority, war, terrorism, acts of God, acts of a public enemy. acts or omissions of carriers or suppliers, acts of
regulatory or governmental agencies, or other causes beyond such party's reasonable control.
10.4 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be
in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement
will not operate as a waiver of any other breach of this Agreement.
10.5 Assignment and Subcontracting.
(a) This Agreement may not be assigned by either party without the prior written consent of the other party (which
consent will not be unreasonably withheld or delayed). Customer may, without AT&T's consent, but upon notice to
AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer
will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent,
assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an
Affiliate or a third party work to be performed under this Agreement, but AT&T will in each such case remain
financially responsible for the performance of such obligations.
(b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations
related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In
certain countries, Customer may be required to contract directly with the local service provider.
(c) Any assignment other than as permitted by this Section 10.5 is void.
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10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section
10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in
effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually
acceptable provision consistent with the original intention of the parties.
10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek
preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement.
10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within 2 years after the cause
of action accrues or it will be deemed time -barred and waived. The parties waive any statute of limitations to the contrary.
10.9 Notices. All notices required under this Agreement will be delivered in writing to the recipient's contact designated on
the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be
by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt
or when delivery is refused, whichever occurs sooner.
10A 0 Governing Law. This Agreement will be governed by the law of the State of Florida, without regard to its conflict of
law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, Customer
& AT&T agree that venue will lie in the 161" Judicial Circuit of Monroe County, Florida, or the U.S_ District Court for the
Southern District of Florida with jurisdiction for Monroe County, Florida, as appropriate, or before an applicable regulatory
agency having jurisdiction over the matter. This Agreement shall not be subject to arbitration. Mediation proceedings initiated
and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County. The United Nations Convention on Contracts for
International Sale of Goods will not apply.
10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or
other governmental bodies of competent jurisdiction.
10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any
third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of
action, or other right or privilege.
10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the
termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential
information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims), will survive termination or
expiration.
10.14 Agreement Language. The authentic language of this Agreement is English. If there is a conflict between this
Agreement and any translation, the English version will take precedence.
10A 5 Non -Reliance by Non -Parties. The terms, covenants, conditions and provisions of this Agreement shall bind and
inure to the benefit of the County and AT&T and their respective legal representatives, successors, and assigns. Except as
otherwise specifically stated in this Agreement, the provisions of this Agreement are for the benefit of the Parties hereto and
not for any other person. No permit or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to
enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County
and AT&T agree that neither the County nor AT&T or any agent, officer, or employee of either shall have the authority to
inform, counsel or otherwise indicate that nay particular individual or group have entitlements under this Agreement separate
and apart, inferior to the community in general or for the purposes contemplated in this Agreement.
10.16 Maintenance of Records. AT&T shall maintain all books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a
period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement.
10.17. Nondiscrimination. AT&T and Customer agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the date of the court order. AT&T or Customer
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agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title Vi of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIii of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 13, Article VI; which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
10.18 Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 728.28, Florida Statutes, the participation of AT&T and
the Customer in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the Customer be required to contain any provision for waiver.
10.19 Sovereign Immunity. The Customer is subject to limited liability pursuant to 728.28, Florida Statues. Nothing contained
herein is intended to serve as a waiver of sovereign immunity.
10.20 No Solicitation/Payment. The Customer and AT&T warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, AT&T agrees that the Customer shall have the right
to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
10.21 No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Customer in his or her individual capacity; and no member, officer, agent or employee of
Customer shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
10.22 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
10.23 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the
Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other
agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the
rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be
modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions
or purchase order forms not expressly set forth in this Agreement.
11. DEFINITIONS
The following terms have the meanings set forth below:
"Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party.
"Damages" means collectively all injury, damage, liability, loss, penalty, interest and expense incurred.
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"Effective Date" means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later
date is required by regulation or law.
"MARC-Eligible Charges" means: unless the applicable Pricing Schedule indicates otherwise, the recurring and usage
charges, after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for
the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible
Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in
connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation) E911
and deaf relay charges).
"Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay
recurring charges for the Service, as specified in the Pricing Schedules or Service Publication for that Service.
"Minimum Retention Period" means, in respect to any Service, the period of time for which Customer is required to maintain
service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing
Schedule or Service Publication for that Service.
"Service Component" means an individual component of a Service provided under this Agreement.
"Site" means Customer's physical location, including Customer's collocation space on AT&T's, its Affiliate's, or subcontractor's
property, where AT&T installs or provides a Service.
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NEAL, CASSANDRA L (ATTSI)
�sa.enw�r� wwn
From: DIAZ-BELLO, ESPERANZA (ATTSI)
Sent: Tuesday, December 21, 2010 10:43 AM
To: CORDAL, ELENA (ATTSI)
Subject: Re: CMP_Pre-signature_Authorization_form.doc
Approved!
Espe Diaz- Bello
Office : 305 569-7236
Cell: 305 582 9589
Sent from my B1ackBerry Wireless Handheld
--- - Original Message From: CORDAL, ELENA (ATTSI)
To: DIAZ-BELLO, ESPERANZA (ATTSI)
Sent: Tue Dec 21 09:14:40 2010
Subject: CMP_Pre-signature_Authorization_form.doc
CMP_Pre-signature_ Authorization_form.doc>> Please provide approval for pre -signature of
the Monroe County BOCC Unified Agreement.
Thank you
Elena Cordal
AT&T GovEd - FL
7300 NW 19 Street, Suite 700
Miami, FL 33126
E-mail: elena.cordalcxatt.com
Ofc: 305.569.7292
Cell: 305.582-9445
"This e-mail and any files transmitted with it are AT&T property, are confidential, and
are intended solely for the use of the individual or entity to whom this email is
addressed. If you are not one of the named recipient(s) or otherwise have reason to
believe that you have received this message in error, please notify the sender and delete
this message immediately from your computer. Any other use, retention, dissemination,
forwarding, printing, or copying of this e-mail is strictly prohibited."
Pre -signature Authorization Form
Required documentation for Contract Management when submitting contracts for
customers requiring SBC: Pre -signature,
Provide Legitimate Business Reason:
Monroe County BOCC is a local muncipality which requires all its vendors to sign
contracts prier to their signing them. This is part of their normal business preoicesses.
Sales Director Approval Signature:
Printed Name:
Espeninza Ditty. -Bello
Nol(; _ iowracl nlut,t he retunicC1 to CNI d iy', i iect
sirs t. f't !1rl 1.t(`rl- lii;;'•' llc i(iili7C
09/27/2002 10:36 1
W-11-MlI W 1111
BELLSOUTH
KE SHTH 3G iNM
PAGE 02/10
(�A��30� �69 1339 P. M/Pid
SPECIAL SERV,[CIS ARRANCRMENT
AGRXJ!-MFNT Case Number FL02-E995-V4
This Special Service Anangement Agreement ("Agreement") is by and between BellSouth
TeleeontmuMeations, Inc., a Georgia corporation, dlbb BellSouth, ("Company") and Monroe
County Information Systems ("Customer or Subscriber"), and is entered into pun ant to Tariff
Section A5 of the Genera) subscriber Services Tariff This Agreement is based upon the
folltswing terms and conditions as well, as any Attaehmcnt(s) aff1mcd and the appropriate lawfully
filed and approved tatlffs which are by this Tcf-,mte incorporated herein.
1. Subscriber requests ttnd Company agpcs, subject to the tetras and conditions herein, to
provide the service deacnbed in the Attachment(s) at the monthly and nonrecurring rates, charges,
and conditions as describcd in the Attachmrnt(s) ("Service"), The rates, charges, and conditions
described in the Attachiocrit(s) are binding upon Company and Subscriber for the duration of this
Agreement For tho purposes of the effectiveness of.ihe terms and conditions contained hrrcin,
this Agmcmcm shall became clIective upon r xecutionby both parties. For pwTvses of the
dctcrtnirtation of any service period stated heroin, said service period shall commence the data
upon which installation of the service is completrd.
2. smbscnbcr agrees to subscribe to and Company agrmcs to provide any additional tariffod
servicea required for tho installation of the Service. 5ubscribar agrees -to be responsible for all
rates, charges, and conditions for such tariffcd services.
3. This Apcernent is subject to and controlled by the provisions of Compary's or any Of
affilistod caWanies' lawfully filed and approver. mriffs, including but not limited to Section AZ
ofthe General Subscriber Sarvices?ariff and Ne. 2 of the Fcdcral Communications Catittttissiorr
Tariff and shall include all changes to said taritTt- as may be mark froth time to time. All
appropriate tariff rates and charges shall be included in the provision of this service. 'the to U
shall supersede any conflicting provisions of this Agreement, with rite aception of the rates and
charges herein, in the event any part of this Agreement conflicts with terms and conditions of
Company's or any of its affiliated ccmpaaies' lawwfully Died and approved tariff&
4. This Agreement may be subject to the appropriate regulatory approval prior to
coznnaancement of installation. Should such regulatory approval be denied, a[kT a proM request
by Company. this Abreentent shall be Troll, void, and of no cfft:et,
5. If Subscriber cancels this Agreement prior to the completed installation of the Service, -bolt
after the execution of this Agreement by Subscriber and Company. Subscriber shall pay all
rtzwnable costs incurred in the implementation of this Agreement prior to receipt of written
notice of cancullatdon by Company. Notwithstanding the foregoing, such reasonable casts shall
not emceed all casts which would apply if the WQTk in the implcmmtation of this Agroo matt hzd
been completed by Company.
G. The rates, charges, and ctmditions described in the Attachment(s) may be based upon
information supplied to Company by the Subscriber, including but not limited to %recasts of
growth. If so, Subscriber abmxs to be bound by the information provided to Company. Should
Subscribrr fail to meet its forecostod level of service rcquiretrlcnts at any time during the term of
this Agrvomcnt, Subscriber shall pay all reasonable costs Associared with its failure to meet its
projected service requirements.
1't2IVA781PFt0t'il1CTAPLY
CONTAINS MUVATT, ANMR 11R0PF1L+TARY WQrtMA7"t0K MAY NOT Hsi USM OR MS CL0350 OUTSIDE TUR
80150urN COMPANM HXCUT rt.RtSUANT TO A W RTIMY AaRUMENT.
Pau l a(4 eO�
G�sstomt�r initials :://''"" z
Date a
09/27/2002 10:36 1 BELLSOUTH PAGE 03/10
���-1�-�UuL��h�� II;U� ��IaIisOUTII B�S(�ESS Fax?3��5 5�9 7339 P.�031U�U
SPEI CUL SMViCZ A1UtANGr.MF T
AGItEZWF l' CMCN=bcrFL02-E995-04
7, (a) Lf Subscriber cunecls this Agreement at any time prior to the e:pitzbon of the service
period set forth in this Agreement, Subscriber ah;.11 be responsible for all lermintstion charges.
Unless otherwise specified by tariff, terminatiu:a targes arc defined as all reasonable charges due
or remaining ae a result of the miairnum service r:riod ac reed to by Company and Subscriber and
set forth in the Attachment(s),
7. (b) Subscriber further aeknowtodgcs that it has options for its telecommunications services
from providers other than BellSouth urrd that it ha � chosen BellSouth to provide the services in
this Agreement. Avcordingly, if Subscriber assigns thin Agreement to a certified reseller of
BellSouth local services and the reseller exceutes a written document egrccing to assume all
requirements of this Agreement, Subscriber will net be billed termination charges, However,
Subscnber agrees that in the event it fails to meor its obligations under this Agreement or
terminates this Agreement or seances purchased pursuant to this Agreement in order to obtain
scrvim from a facilitiaa based scrvict provider or a service provider that utilizes unbundled
network elements. Subscribe will be billed, as appropriate, termination charges as specified in
this AgmcrncnL
S. 'I'his Agreement shall be construed in acrordanco with the laws of the State of Florida.
9. FAccpt as otherwisc provided in this Agreement, notim required to be given pursuant to
this Agreement shall be ef%=ivc when received, and shall be sufficient if given in writing, hand
delivered, or United States mail, postage prepaid, addressed to the appropti ate patty at the address
act forth below. Either party hereto rwy change tlh; nome and addra:* to whom all notices or
other documents required under this Agiccment must be sent at any time by Driving written notice
to the other party,
colnipw
BoUSeuth Teletmmunications, Inc.
Assistant Yee President
7650 NW 19 St suite 600
Miami, FL 33126
Monroe Ccunly Information Systems
1200 Truman Av
Key West, FL 33040
10. subscriber may not = sip its rigltits or obligations under this Agreem mt without the
express written consent of Company and only pursuant to the conditions contained in tits
appropriate tariff:
rravATR)PabPkI13TA 1tY
CONTAINS MATE AND/Ok YhOPRIMARY I1rr01lMAMN• MAY NOT BE t1 W Ok DISCLOSED OUTSIDE T"F=
[tQW01MICOMPANIES FXC TPU:1SUANTTO A WRIT UN AOMMMIrr,
ha6G 7 or
Customer Initials
Date oa
09/27/2002 10.'36 1 BELLSOUTH PAGE 04/10
IIABFLLSOM MVINM, �>'AX�3�S 569 ?339 P,OO��OiO
_ SPECIAL SERV :Cr: ARRaNGEMrrr
AGREEMENT rrr Case Number rl.Qz-E99S.d4
11. In the event that one or more of the provisions cm uined in this Apccmcnt or incorporated
within by refemcc shall by inralid, illegal, or unenforceable in any respect under any applicable
statute, regulatory requirement or rule of law, then such provisions shall be considered
inoperaure to the extent afsuch invalidity, illegality, or uncnforceability used the remainder of
this A pooment shall Conti-mue in full force and effect
rRivA-rwPY* rw.TARV
CONTAINS ?1UVAraANw01L nWr=TA1kY ]WORMAI.10N. MAY HOT 911 USED OR DML13StW OUTiilt]W714E
13MIJOUM COMPAM S V-XCEPT PUIL5UANT TO A WtiMTN ACMmWr.
Psae 3 o!Q
Castomcr i;tlitials
Date,°��
�l9N �HOKl J36 11 M ffiOHIH �� IIM SELI_SDUTH i �AI��dS 569 1339
SPECiAL SERVICE ARILANGEWNT
AGRE K;,T% Case Numbor FL02-E995-04
- Oplion 1 of 1
Offer Expiration: This offer shall expire= on: 1701102.
Estimated sarvicc interval following accepunce :lute: Negotiable weeks.
Service description:
This Special Service Arrangement (SSA) pravid--s for siagle mode, point-to-point, dry fiber
between the fallowing locations in Key West, Florida:
1. 1200 Truman Avtnue to 110U Simonton Sin °et.
Dry finer is offered as a point-to-point amngement bctwocn Cuatomen designated premises.
Taus SSA coasisb of a enaximurn of two (2) optica14ibers in each route and is offered without
optical signal regeneration to compensate for signal lowes. The Company makes no other
rcpimantalions tr prding the traesnuasivn capat:ility of the facilities.
This Agreement is for sixty (60) months.
1N WITNESS WFi' - OP, the parties hereto }save caused tbis Agreement to be exwuted
by thc* duly au1hori7,ed re{Aresentatives on the d 3.tc9 set forth below.
Accepted by:
f"•ter --.� .,
Subscriber:
Munroe County Irlfhnna n Sysictas � ' '7 ���' 1" Ike Iti`
By' Authorized Sipdtuk"`
Printed Name: Charles "Sonny" ltccoy ,
Title; Wayor/Chairma l
Date. September 18, 2o0Z
Company:
$e1lSouth Telecommunications, Inc.
By: Rellsolth Dusinc3s Systatns. Inc.
AA
By. - -
Authorized Si6matu a
Printed Name: AA44���REW
T1L1C:
APPROVED AS TO FORK
ANRt SufFIC1E
NNE 6 I+1
OI
nRTF O
"b
Ad
cea
c r-n�_
rri
rn
oc5�
Ln
r-
a
PIUVAlT MtOMURTA RY
GONTANS PRJVATE AWWOR rR0rk1ETARY WFQ11MATION. MAY NOT BE USFM Olt DI5C{.Q56D 0Ln'51D6 TI)ti.+
UBL SOtf1'11 COMPANIES EXCU 't KSUAKM A Wnrl'M ACKWMENT.
rage d of9
Customer lnitials f _
Date
PAGE 05/10
['' Hill
�yl
09/27/2002 10:36 1
HESKTH M I NM
SELLSOUTH
PAGE 06/10
(IFH)M ;J0 ?339 NIH/Ofl
_ sPECUL SMVTC'. ARRANCEMINT
AGRE_LMNT Casc Nlumbw FL02-E995-04
�7 Option i of 1
Date,L s /
r'
PNV ATF%V ROIIRIETARY
CONTAINS 19RIYATHANDIDIPMCrRMTARY INt+OkMAT[dN. MAY NOT DE LISTID OIL p19CLA5ED0U7SMfl7lls
BELLSOUTN COMPANIES MCCGPT MRLSUATyT TO A WlUrrr f AGREEMENr-
Pa fle : of 9
CnStomcr Imttais
Date
09/27/2002 10:35 1 SELLSOUTH PAGE 07/10
CEP-2I-ZOOZ F3[1 j1.0 BE�lSO'�N VSI E � IF�X)305 �69 133 PA IA11
SPECIAL SERVICE ARRANGEMENT
_ AGREELAE VN Can Number FL02-ED95-04
_ Opdon 1 of 1
1tATES AND CIIARGES
Rate Element Aloe-R� g Mont^ My Ra USOC
1. Spacial Corattvction ibr placing new S.00 M1.95 WOOOV
facilities.
2. Dry Fiber S1,500.00 $.tlo WOOOw
- pa etch Point to Point fiber stmand
arrangement
3. Dry Fiber S.00 $225.00 WOOOY
- per each 2 fiber Strnna nrtangement
- per route mile
PRIVATGP L)PRVARY
CONTAINS PRIVATE AN�ft PROPRIETARY INFORMATION, MAY NOT OE USED OR b1ACL0$tID OUY3l1311 THE
�LLSOLfrri COMPANIES EXCEPT PURSUANT TO A WRlrrF-N AGnEMEW.
Customer Initials
Date i3 od
69/27/2902 10:36 1
SEHi-2DIl HlJ 11A
BEI,LSI1M BUDH��
BELLSOUTH
PAGE 08/10
IflME 569 i339 P, OUAN
SPLKCUL STRVICF AltitANGEMEINT
AGRE F,'ngVT Case Number FL02-E"S-U
�- {option 1 of 1
RATES AND CHARCUS
NOTES:
no Customer is liable for the revenues to the Company for the full tcrm of Us Agmemcrit, If the
Customer disconnects early, two payment options are available;
1. Continue paying t1m moutitly races for the remainder of the Agraement term, or
2. Make a lump sum payment discounted by ilm current prime intctest role plus two Percentage
points.
These rites and ebarpe are in addition to any tariff rates and charges that may apply.
The rates nud charges provided is this Agmemert are valid only if all locations listed in tba
Service Description am installed for the duratiaxi of the Agreement. This Agreement is only valid
for the locations specified herein.
Fibers me terminated as t1w customer premises in a BelISouth approved and. constructed Fiber
Distributing Frarne UMF) or cabinet. The currmc BellSouth approved"connector for customer
premise applications is the SC type.
The Customer may utilize the dry fiber for any I awful purpose: however, the Cotnpany does not
represent this service as suitable for tbco Custorner'e desired applications. The Company reserves
Ilse right to reatsiutgo its network and to modify he manner in which it provides service in order
to anect its ovcsasll service requircmcnU. This includes, but is not limited to, the right to engineer
and construct its fiber optic faellides in accordance with its norntai operations without
requirement to modify its materials, splicing techniques, or platmed f eility rGamngements to suit
a specific Customer request
At the request of the Customer, if made prior to he insmllation of the fneilitits, (bc Company will
attempt to estimate the Ira omission loss of the channel at the custoaaets intended innsmission
wavelength; provided, however, that the Company does not warrant that the customcea chmsicl
will op=lc at that estimated loss or that the transmission loss will remain oonstant during the
period in which the Customer obtains the facilities froth the Company. p,
The Customer must clearly edentify facility termination points on Customer premises. In addition,
the Custornct must cooperadvaly disable any optical transmission equipment an a dry fiber
arrnayemmit whenever the Company must perform maadcuance on thane facilities.
Tliis Arrangement is not intended to be connected to other DS3 andlar DS 1 chatnte) services
provided by the Company. No scvice oapabilitius are e:prMsed or implied for any such
connections by the Customer,
The Subscriber must provddo tho following:
• Entrance support stri ctum for the placement of the fiber and
s Adequalc space in the equipment room for to:mtination of the fiber.
I1PJV,k MTVJPRr9TARY
CONTAINS MUVATHANEW0KPROPRJl:TARYWORMATION.MAY NOT B USWOlt LMLOS@DOUrSIVETHE
DEUSOLMI comrANIFS PXCEOT PURSUANT Tn A W1111 N AGtaf MENT.
Pope 7 of 9
Customer Initials
Data
09/27/2002 10:36 1 BELL50UTH PAGE 09/10
s��-L�-LUU?I��11 II:Uh H�LL�U�'I'H �U�lh'��5� i>*AX�30� �69 1�39 P.a0410�0
SPECIAL SERVICE A,RRANGEMErir
ACREI:M[Wr Case Number FL02-095-u
Option 1 of I
END OF ARRANGEMENT AGREEMENT OPTION I
r
PRIVAT&TRorrueTAnY
CONTAINS rttTYATE ANmTtrROrita rARY iNFOKmA-nO►i. MAY NO? BE L SLO ox nt9c =a0 O TSIDa THE:
I3ULSOUTH comrAmu nxci'? rURSUANT M A WRrrM AO11B81dM,
Page 3of9
Customer Initials
Dace 4 09
09/27/2002 10:36 1 BELLSQUTH
W-�NJUAII) II:Ub 8tLLS0 3' (FAX)fl� 5B ?M
PAGE 10/10
P,DI /flo
SPECIAL SERVICE ARR.ANGEM , NT
_ - AGREEMENT Cusc Number IZ02-E995-04
Option 1 of 1
Attachment 1
Per p'S 287.0592 - "Monroe County's performance and obligation to gay under this A&mcment is
contingent Upon an annual appropriation by the EOCC."
Per PS 297.133 - "A personn or affiliate who has been placed an the convicted vcntior list
following a conviction for public entity crime may riot submit a bid on a conttut to provide arty
goods or services to a public entity, may not submit a bid on a conUuct with a public entity fur the
canstruction or repair of a public building or public waric, may not submit bids on leases of pearl
prop" to public entity, may nut be awarded m perform work as a contractor, supplier,
subcontractor, or cansultant tinder a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY Two for a period of 36 months from the date ofbeing placed on tho convicted
vendor list."
Pcr Ordinnace 19,1990- "Contractor warrants * at Wit has not employed, rrtaincd or otherwise
had act on bishU behalf =W former County officer or employee in violation of Section 2 of
Ostiinance No. 10.1990 or any County officer or cmpioyce its violation of Section 3 of Ordinatua
No. 10-1990. For breach or violation of this provision the County may, in its d=mtion,
termiame this Agreement without liability one tr,iy also, in its discretion, deduct fttn the
Agm=cnt or purchase price, or otherwise recover, the full amount of any foo, commission
pareantage, gild, or considamtion paid to the fortner County oflieer or etnplayw'
..W
PB!VAI VJP 0VJUffrAkV
cowTAM pRIYA't'L AND/ORr'R0rRX-TAAY INT-OPMAlMON. MAY NOT12 USED OR DESCLOSGO dttrainy THE
UU.I.SOUTH CQMi'ANitz r&xcvPT MASUANT TO A WPJTrlim AGREEMENT.
Page 7 a t 9
Customer Initials
Darr j 00
09/27/2002 10;33 1 BELLSOLTH
JLr+-LlaDL�rni� 11.1� �CLL�U�fh �u5[`�� �F�X)305 �69 7339
PAGE 02
P,O llo
SPLCLdLL SIMViCE AIMANGEMENT
a _lzUMNO IYT Casc Number FLA2-13385-02
This Special Service Arnngment Agreement (" Agrce-mcnt") is by and bt twetas BellSouth
Telecommurtieations, lee., a Georgia corporation, dlbla BellSouth, ("Company'') and Maaroe
County Infcmwu on Systems ("Customer or Su'hs-ziber"), and is entered into pursuant to Tariff
Section AS of the Geammi Subscriber Servicesr fc riff. This Agreement is based upon the
following terms and eonditiorns as well w any At.arhrnent(s) affixed and the appmPriate lawfully
fled and appraved tariffs which are by this reference incorporated herein.
1. Subscriber requests and Company agree-, subject to die terms and conditions herein, to
provide the service deseribed in the Attachtncrit(:.) at the monthly and nonrecurring rates, charges,
and conditions as demtibed in tho Attachment(s) ("Service"). The ties, charges, and conditions
described in the Attachment(s) are binding Upon Company and Subscrbcr for the duration *[this
Agreett mt. For the purposes of the effectiveness of the termms and conditions containcd hercia,
this Agreement shall become cRective upon execution by both parties, For purposes of tht
determination of any service period gtatcd herein, .said service period shall commence the date
upon which installation of the service is completLd.
2. Subscriber aces to subsccnbc to and Company agrers to provide any additional tariffcd
services required for the installation of the Savice, Subscriber agrees.to ba rcgw nsible for all
rates, charges, and conditions for such mril ed services.
3. This Agreement is subject to and controlled by the provisions of Company's or any of its
aTiliatcd corsspmies' lawfully filed and approved tatifi's, including but not limited to Section A2
orthc Gma ul Subscriba Services Tariff and No. 2 of the Federal Communications Commission
Tariff and stroll include all chhanM to said uaril'fs as tarry be mark from time to time. All
appropriate tariff rates and oha%cs attall be included in the provision of this service. 'line tariff
shall supersede any conflicting provisions of this Agreement, with the exeepuatt orthe tales and
charges herein, is the event arty part of this Ag. ec.tntat conflicts with tarts and conditions of
Cot> itay's or any of its alTilisted companies' ] Rely fled and approved tariffs.
4. 'Chris Agreement may be subicot to the awropriat$ regulatory approval prior to
commencement of installation. Should such regulatory approval be denied, after a properrequest
by Company, this Agrcernern spud] be null, void, and of no tffcct.
5. If Subscriber cwwls this Agreement prior to the campleted installation of the Sfxrica,4M
alter the execution of this Agreement by Subscriber and Company, Subscriber shall pay all
reasonable costs incurred Litt the impkmcnlation of this Agreement lxior to receipt of written
nodee of caccllntion by Company. Notwithstanding the foregoing, such reasonable costs shall
not exceed all costs which would apply if the work in tlsc implementation of this Agreement had
been completed by Company.
6. The ruics, charges, and conditions described in the Auarhment(s) may be based upon
information supplied to Company by the Subscriber, including but not limited to forecasts of
growth. If no, Subscriber ugmts to he bound by the information providud to Company. Should
Subscriber fail to meet its f rrmcastcd level of service is quirements of any time during the term of
this Agreement, Subscriber shall pay all reasomble costs associated with its railur+c to sheet its
projected ser Ace requirements.
PIUVAM pU fenSFARY
oot4TAms rwvATc Ate mR rnoriturrA1tY ttvroRM A rtnN. MAY HOT DE U5913 Ok t)tSCiASED otrt TVIS Teat
H1-f.r-g0UrH COMPANIES fXr-01i'!'U SUANY TO A weUTTCNAGMSMFNT.
rate 1 or9
Customer Initials
Date 4�
09/27/2002 10:33 1 BELL5DUTH PAGE 03
�cr-L�-4UULi,rn11 !l t� �i�bl,�UVIN BV 1N�S�' (W)355 5lfl� PAWN
sr>cCLw SERV7CE ARRANGEMENT
AGREEMENT Case Number M2-1-1385-02
7. (a) If Subscriber cancels this Agreement at pry lima prior to the expiration of rho service
period set forth in this Agreement, Subscriber shall be responsible for all termination cbaruas.
Unless otbervise speoified by tariff, termination charges stye dcf fled n4 all re"onable ebarps due
ar rarnaining as a reoult of the minimum service pc iod a grevd to by Company and subscriber and
set Furth in the Artachutcnt(s)-
7. (b) Subscriber further acknowledges Am. it has options far its tt:leeornmunications services
from pmvidcn outer than BellSouth and that ith:s Am= BellSouth to provide the services in
this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified resellcr of
BellSouth local servioes and the retailer executes a written document agrccfng to assume all
requitzrttettts of this Agreeraem, Subscriber wiV not be billed termination chimes. However,
Subscriber agrees that in the event it fails to meet its obligations under this A.gremcni or
tertttinates this Agmtmcnt or services purchagad pursuant to this Agreement itt order to Alain
servi= from a facilities based service provider or a service provider that udli2es unbundled
network elcmcnu, Subscriber will be billed, as apprappriatc, termination charges as apcctfsed in
this Agreement.
S. This Agreement shall be consumed in accordnnee with the laws of tho State of Florida,
9. Except as otherwise provided in this Agccinem, noben required to be given pursuant to
this Agrcir =L shall be effective when received, and shalt be suffieivnt it given in writing, hand
delivered, or iWLW Starks mail, postage prepaid, addrm3ed to tiic appropriate party at the oddreas
set forth below. Either party lterato may change din natne and address to whom all notices or
other documents mluirvd under this Agccment must be stout at any time by giving written notice
to the other party.
9Rm"
BoUSoutb Teieaoramrmications, Inc.
Assistmu Vice President
7650 NW 19 St state 600
Miami. FL 33126
shublh-tcnher
Monroe Couaty Information Systems
1200 Tminan Av
Key West, Tel.. 33040
10. Subscriber may not assign its rights or obligaUans under this Agreement without the
mpress written consent of Company and only pursuani to the conditions conlained in the
appropriate tariff
1'K1VATr- T'i0T1k1TARY
COMAtNSPRIVATRAND/01trROM167ARY1NFOtiMP PION, MAY NOTBBUSCQORDL4CLOS900trr51DETHE
DELlSOUTF COMpANEFS 1;MSY'r P :tSUAW TO A WRMIN AGtlFWtMM
Ta`c S of
Customer Initials �� C
Data of xs ea-
09/27/2002 10:33 1
OUs 11-LUu 01) 11:11 BCbLMIH SCSI.-Nffl
BELLSOUTH PAGE 04
(FA0'M 10 �B3 P.00 AH
SYMAL SEM ICE MMANGEMENT
A g2F1FW NT Cane Nu mbcr PL02-H385-02
11. In the event that one or more of the provis::,ns rmitaincd in this Ag mment or incorporated
within by refuence shall be invalid, illegal, or -mrnforceablc in any respect under any appliwbie
A tte, regrulatory requirement or rule of law, then such provisions shall be eonaWered
inoperative to the extent of such invalidity, illegality, or uncufarcmubility and the remainder of
t1his Agreement shall continue in full force and offal.
PWVn't WrR0VRX-TARY
cowmen PRivATK ANll(OR MltorRISTAnT weQR M'1CN, MAY WOT BE V3t1bOk D1SCLQ$i) OrJTSIDE Tti5
MMLSt}UTFt (;pMPANICS W(CLTT ptlrsU ANT I'D A WRITrEiN AGitiWBKT.
page 3 ar 9
Customer Initials
Date d
002
27/2LUIIL���1�3 ��.I7 ��LLdUU�11 ll�dl�Y�,S� BELL50UTH OWE) J0 N�7
SPECIAL.. SERVICE, A )"NGI~MLNT
AG, LU--,.YiENT Cost Number 95-02
Option i of l
Offer Expiration: This offor shall expistr on: IVY 02,
Estimated service ittterval following ma ptanee date: Negotiable weeks.
Service description:
This Special Service Arrungl.ment (SSA) provides for single made, point-to-point dry fiber
between the following locations is Key West, Flori&
1. 1200 Truman Avenuc to 500 Whitehead Street
Dry fiber fs offered as a point-to-point arrangement between Custornora dc1tamted premises.
This SSA consists of a ,maximum of two (2) opticaI fibers and is ofrcred without optical signal
regcncmx on to compensate far signal losacs. The Company makes no other rapt aria
regarding the tsiumission cupability of the facilities.
This Agreement is for sixty (60) months,
IN WITNESS WITEREOP, the parties hercta have caused this Agrcumcnt to be exeantad
by their duly outbmizcd relrtzsentatives on the de I es sct forth below,
PAGE 85
?. M/W
''"=� `ir}•,,
Acccptud by:N.
•'` '. tip' �' "_
,l1
Subscriber
Mamma Cot,mty Ertl tion systems
.
9y•
Authorized Si turn
v ; ;;`-- ,,,,, DoP+sr
CLEW
MutodName: charlea "SORRY' Mr -Coy
A►aa"VW As TO
'titles Mayor/Cbairman
AND AL 5UFFI
Date: Septeftber 18, 2002
6
ATE
Company.,
BellSouth Telecommunications, Inc.
o 4
Tr
By: BellSouth Business Systcros, Inc.
Cz
Saz �''
�
Av#l�trrized Signtttwre
rc
Printed Names
Title: A L,
A On..
O
a
NMATt'/t' arxrNARY
COrrrAM PRIVATE ANWOMOP EMAKY wrurtMAMN. MAY Mar eR USED On DWL031 p OtmrDR THe
RELLSOLMI COMPANIES EXCEPT YLIRSUANT TO A WRITTEN AG".EMLM,
t+age i of 9 ��
Customer lnidal9
Datc `T i e3
09/27/2002 10:33 1 BELLSOUTH
�cr-Ll LU�l�hnl j I!:n HLZMTH HNE q, (HOM iP 7M
PAGE 06
P, Ml fl
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FM-H385-02
Option I of I
FM
PWATMOPWRTARY
CONTAINS PRIVATII ANDMIL PRDFPJE--TARY 1NFORNIA IION, MAY NOT DB USED OR DISCLDSW OUTSWE M2
MILdSOLMI COMPAT1 " RXCEPT rurusuAW TO A WIUTCL'N ApltEI74 tw,
Pass ioP9 ±�
Customer Initials
Dow G$`
PAGE 07
)Lf-L1-LUWrn1j lI;Lll �IiL�JUM M14ua' B LLsauTH FAX7T y0 11M P QO AA
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-H385-02
Op►ivn 1 of l
RATES AND CHARGES
Date'M=Cnt
Non -Recurring
Monthly hate
USOC
1. Special Conetructian for placing new
S.00
S196.85
WOOOV
Caeilitias,
2. Dry Fibcr
S.00
$225.00
WOOOY
- per each 2 fiber strand arr=gement
- per saute mile
3. Dry Fibcr
$1,500.00
$,Op
WQOOW
- per each Paint to Point fiber serand
amwCement
jw-
PRIVAMPROPMETARY
COHMNS PRIVATE. ANDIM PROPRIETARY INPORMATiON. MAY NOT gE USED OR DISCLOBED OUTSIDE THE
6EL.SOIJTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
YagG 54C9
CLStditlCT Initu+lB`�.
Date
09P2
7/2Le2L {1l0
ll33 BELLSOUTH PAGE 98
_ SPECIAL SERVICE ARRANGEMENT
AGRF %MNT Case Number ITLA2-H385-02
RATES AND CHARGES Qplfon I of 1
NOTES:
'Me Customer is liable for ttto revenues to the Company for the full term of this Agreement. if the
Customer disconnects early, two payment options are available:
1. Continue paying the monthly rates for the rcnaaindcr of the Agreement tort, or
2. Make a lump sum payment discounted by the current prltrtc interest rate plus two pctccntap
points.
These rotas said charges um is addition to any tar ff rates and eluwgez that may zMly.
The rates and charges provided in this Agrecmem: are valid arty if all locations liewd in the
Service Description are installed for the duration of the Agreement. This Agrecmcat is only valid
for the locations specified herein.
Fibers are Wninatcd at the customer premises in a DcllSouth approved and constructed Fiber
Distributing Frame (FDF) or cabinet. The current BellSouth approved connector for customer
premise applications is the SC type.
The Cubk= x may utilize the dry fiber for any lawful purpose; however, the Company does not
reprcwzt this service as suitable for the Customer's desired applications. The Company resesvea
the right to rearmnge its network and to modify the mastncr in which it provides service in eater
to meet its overall service requirements. This in6udcs, but Is not limited to, the right to engineer
and construct its fiber optic facilities in accordance with its normal operations without
requirement to modify its mausrials, splicing techniques, or planned facility reartangemcnis to suit
a specific Customer mquest.
At the request of the Customer, if asndc prior to t! a installation of the facilities, the Company will
attempt to esiimalc the transmission loss of lht clusrsnel At the smaatomces intended transmission
wavelength; provided, However, that the Company does not wunuat that the customer's chaunct
will operate at that estimated lose or that the transmission loss will rzainio constant during the
pw1od in which the Customer obtains the facilities from the Company. „W
The Customerrnust clearly identify facility tern:.Iniivn points on C ustomcr TA=i9es. in addition.
the Customer must cooperatively disable any, opt.cal transmission equipment on a dry fiber
arrangement whenever the Company must perform maintenance an, those facilitiq,
This Anvngetncut is not intended to be connected to other DS3 and/or DS I demon tsavices
provided by the Company. No service capabilities are expressed or implied for any such
coanectlons by the Customer.
TMie Subscriber must provide the follmvint;:
• Entrance support stracturc farthe placement of the fiber and
a Adcgttate space in Ole equipment room for termination of the fiber.
rluvAMrnnriuut'AAY
CONTAINS PRIVATE AND►OR MfIP,METAAY INPOKMA110N. MAY NOT aL' USED On DISCLOSM OtllslDt rfM
ij6LLSOLMI coMrANIt:.S EXCEPT rtlit_4UAN't' TO A WRITTEN AGREUMCMT.
r'Mse 7 erg
Customer lnitiale
Data 41acp
09/27/2002 10.33 1
)Lr cr-LUU0rnil li:Ll
HLLMH As ffl"
BELLSOUTH
(FAX) 3d5 � lfl9
PAGE 09
P. M/M
SPECIAL SERWCL ARRANGEMENT
f _ AGREEMENT Case Ntunber FL02-II395-02
Optim I of I
END Or, ARRANGEMZNT AGREEMENT OPTION 1
rM
rRlVATUPROT' WTARY
caKTwNs rmvATE ANviaR pxprjuETAAY I PIS O KMATICK MAY NOT BE USED DR DI5 CLOS13D OMIDE TIME
Hfg,l- OUTII C O?4rANlF:4 tXcGJ'T ruiuuAN7 TO A WRITTEN AGM[MVW,
PAoc B a[4
Custom" IniLkis
Data i a
ULl24i2eUUL�rhj 3 11 6!
HLURIII
BELLSOUTH
PAGE 10
(FflAi 10 7fl; P,0INH
Srz:c1ALsuRviChL AWUNGEMM-N <'
-_- AGREEMENT Case Number FL02-HBSS-02
Option I of 1
Attachment X
Per TS 297.0582 . "Monroe County's pwfortmnce and obligation to pay under this Ag=mcnt is
eontirgent upon an annual appropriation by the f10IX.I
Pc r FS 297.133 - "A person or alii liata who h,j : I ;,u-n placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to it public entity, may not submit a bid on a contract with a public entity for the
construction arrcpair of a public building orpublic work, may not submit bids on leases of=]
property to public entity, may not be awarded or perferm work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact bcuinao
with any public entity in exooss of the threshold i-rtiount provided in Section 297.017, for
CATEGORY TWO for a period of 36 months from the aoic of being placed on the convicted
vendor list,"
Per Ordinance 19-I990. "Contractor wwratnts that Wit has not employed, retained or otherwise
had act on liislits behalf any former County offoer or eenployae in violation of Section 2 of
Ordiriaacc No. 10.1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. Far brrach or violation of thus provision the County may, in its discrabon.
termirmte this Agreement without liability and may also, in its discretion, deduct from the
Agraciacnt or putchw price, or Ddwwwisc recover, the full amount of any foe, convaimion,
percentage. Sift, or consideration paid to the former County officer oratipioycc."
Ape
TtuV ATC-JrV 3rIUP,,TA RY
CONTAINS PIUVATit ANLVOK PILOPTURT-AiiY mronIATION- MAY NOT BE USED Olt b0CLOSED OLITSID8 TIC
nEL[SOtTrit COMtPANIPS L-XC8PTFUNSUANrTO A WitMU tACRE•WENr.
Page 9 of 9 �!
Cuslorttcr lriitials
Datc
11/26/2002 03:54 1 SELLSOUTH
PAGE 02
5PECUL SERVICE ARRhNUMEN'T
AGB1FAli.CN'T Case Number FL02-H3 87-01
This Special Service Arrangement Agreement ("Agrretttcn(") is by and between BellSouth
Telecommunications, Inc., a Georgia corporation, dAIa BellSeuth. ("Cempo y") and Monroe
Cotmty Information System ("Customer or Subsoil-,r"), at+d is entered into pursuant to Tariff
Sections A5 of the General Subscriber Services Tatriff. This Agm=cnt is based upon the
following terms and conditions as well as ruby A.nachment(s) awed and the appropriate lawfully
ftilnd and approved tariff-; which are by thig reference incorporated herein-
1 . Subscriber requests and Company agrexs, sub�j ect to the terms and conditions herein, to
provide the service described in the Attachment(s) at the monthly and nattrccurring rates, charges,
and conditions as described in the Attachments) ("Service"). The rates, charges, and conditions
dcscraiaed in the Attachtncnt(s) are binding upon Company and Subscriber for the duration ofthis
Agreement For the pu poscs of the et%ctiveness of the terms and condition corttainc d herein,
this Agme meat shall bees me effective upon execution by both parties. For purposes of the
determination of any service period stated herein, s,zid service period shall ca nut once the date
upon which installation of the service is completed,
2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed
services requites for the installation of the Service. Subscriber ogrees to be responsible for all
rates, charges, and mditions for such tariffed servi cc&
3. This Agreement is subject to and controlled by the; provisions of Company's or any of its
affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2
of the General Subseffhelr Services Tariff and No. 2 of the FedWW Cou munications Commission
Tarifland shall include all oh urges to said tariffs as rsray be mnAe: from time to time. All
appropriate tariff rates and charges shall be included in the provision of this service. The tariir
shall supersede any conflicting provisions of this Agreement, with the exception of the rates Md
charges heroin, in the event any part of this Agreement conflicts with touts turd conditions of
Company's or any of its affiliated companies" lawfully f1ad and approved tariffs,
4. This Agreement way be subject to the appmIniate regulatory approval prior to
commencemcnt of instanation. Should such regulatory approval bet detdod, after a proper request
by Company. this Agreement shall be chill, void, and of no effeet.
S. lrSubsenber cancels this Agreement prior to the completed installatiom of the Servico, but
after the mccution of this Agrcem=t by Subscriber and Company, Subscriber shall pay all
reasonable coats inuutTt;d in the implementation of this AFcament prior to receipt of written
n atioe of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall
tevt emceed all costa which would apply if the work in the Implementation of this Agreement had
been completed by Company,
b. Ile rotas, charges, and conditions described in the Attachme ttt(s) mtty be based upon
information supplbed to Company by the Subamiber, including but not litruted to furerasta of
growth. If so, Subscriber agrees to be bound by the information provided to Company. Should
Subsunber fail to meet its fammxtad level of service requirements at any time during the team of
this Agreement, Subscriber shall pay all masonable costs associated with its failure to meet its
projected service requirements.
PRIVATERROPRTSTAILY
CONTAINS PRIVATE ANOlOR PROPRIETARY ]NPORMATIQN. MAY NOTBE [1s9D ott bts=sm OUTSIDET1 t6
$MLSSOLITH COMPANIES MtCEPT P1JFZVANT TQ A WRIT tEN AQXS9 MR4T.
Page 1 or",
CuStOtner Initials
Date
11/26/2002 09:54 1 SELLSOUTH
PAGE 03
SPECL4L SERVICE A RRANCEMENT
AGREEMENT Caen NumbimFL02-H367-01
7. (a) If Subscriber cancels this Agreemenr at arty time prior to the expiration of the service
period set forth in this Aveement, Subscriber shall bcresponsible for all terminatiom charges.
Unless otherwise specified by tariff, termination charges are defined as all reasonable charges due
orrettmit mg as n result of the minimum scrviac period agrfxd to by Company and. Subscriber and
set forth in the Attachtnent(s).
7. (b) Subscriber fttrrbex solmowledges that it has opium for ita telecoms unications services
from providers other than BellSouth and that it has chosen BellSouth to ptvvida the services its
this Agreement Accordingly, if Subscriber assigns this Agreement to a certified reseller of
BellSouth 14Ca1 services and the reseller executes a written documcm agreeing to smume all
requirements of this Agourncut, Subscriber will not sac billed termination charges. However,
Subscriber agm= that in the event it fails to meet its abligations under We AS eat or
terminates this Agecmcnt or st Pica purchased pursuant to this AFcm=t in order to obtain
$evleefi Rom a facilities based service provider or a scrAcc provider that utilizes unbundled
network dements, Subscriber will be billed, as appropriate, termination chsrgea as apeaified in
ibis Agreement-
il. This Agreement shall be construed in accordw-,ze wixb tlt,e laws of the State of Florida.
p_ Except as otherwise provided in this Agreenrer t, notices required to be given pursuant to
this Ageement shall be effective whatt received, and ahall be sufficient if given in writing, hand
delivered, or United States mad, postage prepaid, aridmased to the appropriate po rty at the address
act Earth below. Either party hereto may almSe the name and addrrss to whom all notices or
other documents required urtdar this Astrctpent, mus, be sent ex arty time by giving written Twice
io the other pury.
a �t
BellSouth Tciccommttirications, Inc.
Assistant Mice President
7650 NW 19 5t suite 600
Miami, FL 33126
su
Monti County Information Systems
1200 Truman AV
Key Nest, FL 33t140
10. subscriber may not assign its rights or obligations under"this Agreement without the
express written consent of Company and only pumuant to the conditions contained in the
appropriate toxin:
MVA1VPRoFkIRTAAY
CONTA1N9 PRIVATE AND/OR PROPRIETARY INVORMA"PtbN htAY NOT 6E USED OP. DISCLOSED OUTSIDE THE
HELL9ntjM COMPANIES EXCEPT PURSUANT TO A wRZTT1iAt AURAEPAENT,
Page 2 ors'
Custotr►er hvtials
Dateyl(1
M/NH ILL M AMU)
11/26/2002 09:54 1 BELLSOUTH
PAGE 04
SPECIAL SERVICE AJUt"CEMENT
AGREEMENT Case Number FL42-H387.01
11. In the event that ane or more of the provisions contained in this Agreement or inuurporated
within by referenve ahall be invalid, illegal, or tmenk sable in any respect under nny applicable
Statute, regulatory requir mcnt or rule or law, then such provisions shall be considered
inoperttiva to the extent of such invalidity, illegality, yr tment'oreeability and the remainder of
this Agreement shall continue in full force and effect.
IL
PIUVATMROPM ARY
COWAINs MAY NOT BE USED 4RPt�CIASgA vlJrstp>: 7 FiE
DELLSOUn] COMPANIES EXCEPT Pup.suANT TO A WR17 EN AGR"ENT.
CNSIOMer Initials
Date ((F— T-
b A19'd ILH H9 yOMU) SS NIM WHIM b � ' 0 1 (IVZUHI- -UN
11/26/2002 09:54 1 BELLSOUTH
PAGE 05
SPECIAL SERVICE AlULANGEMENP
AGREEMWNT Case Number PL02-H387.01
Option 1 of 1
OfFer Expfmtion: This offer shall c pim on: 12/31/02.
Estimated so -vice iutcrvaI following as:oepmnoe dime: 'Xegntiablc weeks,
sar% iea description:
This Special Sa iae Ammngemem (SSA) provides far single mode, paint -to -point, dry fiber
between the following locations in Key West, Florida:
1) 5501 College Road to 1200 Truman Avenue.
Dry fiber is offered as a point-to-point arrangement botwcca Custotners designated premises.
This SSA consists of a maximum of two (2) optical fibers and is offered without op*W signal
regmazutian to compw ata for signal losses. The Company makes net other tepresentati(Ma
regnrding the transmission csspab►lity of the facilities.
This Agreement is for sixty (60) months.
IN WITNESS WHEREOF, the prartics hereto
by their duly nuthm+nd representatives on the date
Accepted by:
Subscriber:
Mortroc County
By: _
AUthad
Pr and Name; C
Tide: Mst:NA-t
DUC 10— 1ta • 00
cxnpatny.
BellSouth Telecommunications, h►c.
By: Bel Guth Business Systems, Tnc.
By:
Atitharized Sipature f%
Printed Nuna:
Title: /rs A4,=-d P ^
this Agr=mont to be eucuted
PWATWROPk.STAR'Y
CONTAMSPPIVATEANtWkPROFRICTARVWORM OEM'.MAY NOT KUSIOOIL MSCLO W3Otri Mrs-n1E
BM SaUrH COMPANIRS EXCEPT PUi UANT TO A WMTrsN AaRL3:MMM
Page 4 of) �y
Custalifesr 1l11tiat5 G---
Dote
11/26/2002 09:54 1
BELLSOUTH
PAGE 06
SPECIAL SERVICE A ULANGEIVWITT
AGhEEMENT CucNumberFL02-H387-01
optiam I of I
Date:/
PlUvATUROPR1st'AttY
CONTAM ?fUVATU A LYOR PRUPFUaARY INrORMAT70N. MAY NOT MUSED OR D15CL0s> b 0UTs DB nM
BatlSOLMICOMPANINSMRPTVUMUh -fTOAWRITTMAORM4ENC.
rage 3 of 9
Customer Initiulg
Date Irllo
610/yI0'd iL�L 69� 50�(X��l) MUM HZHOSi1iq t� Oi (HH�)c00Z-9Z-A0�
11/26/2002 09:54 1 BELLSOUTH
PAGE 07
SPECM SF.R%jCE ARiLA CEM1ENT
AGREEMENT Case Numbar i'L02-H397-01
Optian 1 of 1
RATES AND CEL&RGES
Rate Klement
t. Spocial Omeruation for placing new
facilities.
2. Dry Fiber
per cash x fiber wmnd or mSomew
- per mute mile
3. Dry Fiber
- per tech. Point to Point fiber sumd
anmgment
.N' m-Rccw-r1ng Monthly Rate USOC
3.00 $406.38 WOOQV
=5,00 WOOOY
$1,500.00 S.00 W000W
PArVA'i"HCPFLE;I RY
CONTAINS PRIVATF MWOR PROPRIETARY INFORMATION. MAY HOT DE USED OR DISCLOSED OUTSIDE THE
SELLSOUTM COMPANIES EXCEPT PURSLANT TO A WRITTEN Ad"ffM9W.
Paco 6 of';
Customur Initials
I1AeE l/ !/ Z
M/910 'd %d l M M(ffi) SShiM HHOS1139 SNl MZ)NOZANOR
11/26/2002 09:54 1 BELLSOUTH PAGE 08
SPECUL SERVICE AP ANGENIE XT
AGREEMEriT Case NumberFL02.H387-01
- Option 1 of 1
RATES AND CHARGES
NOTES:
The Customer is liable for the revenues to the Company for the #isll term of this Agreement. If the
Customer diavarutavts early, two payment -options are available:
1. Continue paying the monthly rates for the remainder of the Agreeit ent tern, or
2. Make a lump auto payment disoounted by the current prime intetost rate plus two percentage
points,
A Cvntrret Prcparadon Charge will not apply upon i siTial installation; however, if service is
discongeCted prior to earpiration of this Agrdemem, t:ye Subscriber will pay a Contract Preparation
Chatge of three hundred sixty-two dollars (S362.00) in addition to applicable termination liability
charges.
These rates and charges are in addition to any tariff;ra:tLs and charges that may apply.
The rates and charges provided in this Agreement are valid only if all locations limad in the
Service Description ere installed for the daratitm of the Agent. This Agreement is only valid
for the locations spoci find brmin.
Ftbm am terntinatnd at the customer premises in a Eel ]South approved and constructed Fflux
Distributing lame (FDF) or cabinet The Currant Bc,'ISouth approved Catnneetor for customer
pretnisc applications is the SC type.
The Customer may utilize the dry fiber for any lawful purpose; however, the Company does not
represent this service as suitable far the Customer's d=6rad applications, Thy Company reserves
the tight to rearrange its network and to modify the manner in which it provides servico in order
to matt its overall service rcgWr=ncnts. ?his inclr:d:i,'hut is not limited to, the right to engineer
and construct its fiber optic facilities in accordance %.rich its normal operations without
requimmcnt to modify its materials, splicing tech miqucs, or planned fadlity rearrangemcnta to spit
a specific Customer ttmquest.
At the request of the Curum er, if made prior to the ivotellatioa of the facilities, the Company will
attempt to estimate the tea vmimion lass of the char, el at the customer's intattded traasrrissioit
wavolcngth; provided, however, that the Company dc,es not warrant that the customees ahtnral
w71 operate at that estimated loan ar that the tr=rrijasion loss will remain eomtunt during tha
period in which. the Customer obtains the facilities from the Company.
Tba Cusiotncr must classly identify facility tcrnmflnati--jn points oft Cusumter premises. in addition,
the Customer must cooperatively disable any optical =mraission equipment nn a dry Gbcr
arrangement whenevrr the Company must perf'orm mointernwcc as those facilities.
PirJVATFRROMU17MLY
CONTAINS MRIVATII 11F1 QR PROTRIETARY INFORMATION. MAY NOT 105 USED Olt L71SC"4ED OUTSIDE THE
$i;1.LStllIfll COMPANiP9 8XCEPT PVI*SUn,-rr TO A 'WRITTEN AGUEMM?r.
Pagp7of4
Customer Initials _
Date N a
SSr�IS�Q K��OS�1�6 ���Oj (��Z72Q02-92-SON
11/26/2002 09:54 1
BELLSOUTH
PAGE 09
SPECIAL. SERVICE ARRANGEMNT
&,GRF3 VxN, T Case Nmnber FL02-$387-01
Option t of 1
This An=gcmcnt is not intended to be connected w either D93 and/orDS1 channel services
provided by the Company. No acroce capabilities pie expressed or implied for any such
avtmoctions by the Camme r.
The Suhamlbtr must provide the following:
■ Ent =cc support structure for the placement or the fiber and
■ Adequate space in the equipment room for tcrm.ination oftho fiber.
END OF ARRANGEMENT AGREEMENT OPTION 1
PIUVATERRO Ki IETAR.Y
CONTAIND PIUVATC ANVOR PROPIUETARY 1WORMA11011, MAY NOT 115 U6ED vR DISCLOSED O=IAI: THE
BELLSOLMt compAmw r;xcEPT PURSUAW TO A WkMEN AGREEM124T.
Polo B 00
Customer initials
Katz
11/26/2002 09:54 1 BELLSOUTH
PAGE 10
SPECIAL, SWNWE ARRANGEMENT
AGREEriYE1VT Case Number FL02-H387-01
Option 1 of 1
Attachment i
perFS 287.0582 - "Mor=e Conmty's pGrf'onnance rL,. utligution to pay under this Agreement is
coil ft mt upon an annual appropriation by the HOCC,"
Per FS 2V.133 - "A person or affiliate who has been planed on ft aouvicted vendor list
following a conviction for public entity ochre may not submit a bid an a contract to provide any
goods or scMccs to a public cotily, racy not submit a bid on a contract with a public entity for the
construction or repair of a public building or public warl4 Inay not submit bids on leases of real
propasy to public entity, may not be awarded orperform work au a eontructor, supplier,
subcontmetor, or consultant under a vvnt=t with any public entity, and max not tt=sact business
With any public entity in exom of the threshold amount provided in Section 227,017, for
CATEGORY 7WO for a period of 36 mond w fivm the dart ofbeing glaccd on the convicted
vendor lint."
Pcr Ordinance 19-1900- "Coraractor warrtarts that h chit has not employed, retained or otherwise
had at t on hislits behalf any former County otTiRw or employee in violation of Sect nn 2 of
Qrdinance No. 10-1990 or any County officer or employee in violation of Section 3 ofOrdina cc
No.1134990. Par breach or violation of this provision the County may, in ha discmtion,
terra irrate this Agreenicnt witho= liabiliry at4 nay also. in its discretion, deduct from the
Agreement or purchase prise, et otherwise recova, t is fug amount of any fee, eommisrrion,
pereern'age, gift, or consideratian paid to the former t;`a anty officer or employee."
PRIVATEIMOPR1: MARY
COPJ wm PRIVATE ANVOA FRDPNETAkY 1NPORMA170N, MAY NOT BE USED QR PISCLASID QuTrjl rs Tut
TIMIAOUTN COMPAWA EXQB T PURSUANT TO A WRM-EN AO EEMWr.
PaaC 9 of y
Customer Initials
L1AlC
MIIFILL W AMU) MICIM HAHIM li"0]
11/26/2002 09:58 1 BELLSOUTH
PAGE 02/10
SI TCIAL SERVICE ARRANGEMENT
AGREL9 JNT Case. NaMbet FL02-1775•OZ
This Special Service Armngmn%mi Agreement ("Agreement") is by and bctwc n BGIISOutlt
Tvlccon mviiaaations, Inc., a Georgia corporation, d1b12 BellSouth, ("Company") and Monroe
County BOCC ("Custvmar or Subsed'ber"? and is ctntMd into pursuttl7t to Tariff Section A5 of
the Gcnvml Subsartbat ServicesTariff. This Agreement is based upon the following terms and
conditions as wolf as any Attachment(s) affixed and the appropriate lawfully filed and apprnvcd
tariffs which are by tins reference ltnnorporated hcrriri.
1. Subscriber mqucsts cud Company apneas, subj,:ct to the terms Arid conditions herein, to
provide the service dcwrlbcd in the Atiacbmnnt(s) at the monthly and nourecuning rotes, charges,
and conditions as described in the Attachment(g) (I'S xv1Ge"). The rates, nharges, and cvxtditious
described in the Attaclimaxit(s) arc binding upon Company and Subsen'bex for the duration of this
Agreement. For the purposes of the of bativcoc3s of the tuns nerd eonditions contained herein,
this Agreement shall becaane effective upon axecutien by both parties. For purposes of the
determination otsny service period stated licroin, sti d ierricc period chaff eomrnmea the date
apou which installation of the service is complowd,
2. Subscriber apses to subscribe to and Comp=y agrees to provide say additional tariffed
servic a requited for the installation of the Service. Subscriber agrees to be responsible for all
rates, cbarg%, and rondtRong for such tariHcd services.
3. This Agreerri=t is subjectto and ccmtmlled by The pivvisions of Corapany's at ony of its
affiliated companies' lawfully filed and approved tariffs, including but not limited to Section AZ
of rho General Subscriber Services Tariff and No, 2 of the Federal Communications Commission
Tariff and shall include all changes w said tariffs as may be m a4r from time to tine. All
appropriate tariff tates and charges shall be included in the provision of this service. The tntiff
shall supersede any conflicting provisions o£thia Aarrecitent, with the =ception of the rates and
charges herein, in tine Gwent any put of this Agreement conflicts with terms and conditions of
Cauipuny's or any of its aflbated companies' lawful--y filed and approved tariffs.
4. This Agmement may be subject to the appropriate regulatory approval prior to
commencement of itnstallatibm Should such regulatory pWoval be denied, i fw a proper request
by Company, this Agreement shall be =11, void, ant: of no effect.
5, If Subscriber cancels this Agmctnernt prior to the completed installation of the Service, but
after the execution cruets Agreement by Subscriber and Company, Subscriber shall pay all
reasonable costs incurred in the: Implementation of this Agreement prior to receipt of written
notice of cw=llaticm by Company, Notwithstanding the foregoing, such reasonable costs shall
not exceed all costs which would apply if the work i. i tha implementation of this Agreement had
bees completed by Companty.
6, The mtes, charges, and conditions described in the Atmahmerd(s) may be based upon
information supplied to Company by the Subscriber, including but not Itmited to forecasts of
Growth. If so, Subscriber agrees to be bound by the information provided w Company. Should
Subscriber fall to mutt its forecasted level of sorvicc� requirements at any time during the term of
this AgrceDnent, Subscriber shall pay all reasonable Oasts assoclated with its failures to meet its
projected service requirements.
P RSVA'ri1411 k4I1RIPTA FLY
CONTAINS PRIVATE AND/OILPROPRIEWLY I ORMA` ION. MAY NOT BE USEDOR D15010SED UUTSWt TPF-
RMLSOUTH COMPANIES LJ{Cl n PURSUANT TO A WPJTTEN AaREEMEWT.
Page 1 of e�
Customer Initials
Date
MUSH flUH1111 411 MOM- NON
11/26/2002 09:59 1 BELLSOUTH
PAGE 03/10
SPECIAL. SERVICE ARRANGEMENT
AGREEN E&IYI' Case Number FL,02-1775-02
7. (a) If Subscriber cancels this Agreement at nny time prior to the expiration of the service
period sat forth in this Agreement, Subscriber shall I>- responsible for all termination charges.
Unless otherwise specified by tariff, termination charges are defined as all reaso able charges due
or remaining as a result of the minimum service period agreed to by Company and Subscn`bcr and
set forth in the Attachmcnt(s).
7. (b) Subscriber Timber acknowledges that it has options for its telecommunications services
from pmvidcts other than BellSouth and that it has chosen Bell South to provide the scrviam in
this Agreement, Accordingly, if Subscriber assigns this Agreement to a cett'i#ied rescuer of
BollSoatb local services and the remller wwcutas a written document agreeing to assttme all
requirements O f this Agreement, Subscnber will not be billed termination rlsnrges. However,
Subscriber agrees that in the avant it fails to sheet its obligntions under this Agreement or
terminates this Agreement or novices pumboed pursuant to this Agreement in,ordcr to obtain
services from a facilities based service provider or a service provider that utilixee unbundled
network c1cmcrxts, Subscriber will be blued, as appropriate, termination charges as specified in
this Agreemtmt
8. This AWcement deal] be ctmstrued in ancntdancc with the laws of the: State of Florida.
9. Exaept as otherwise provided In this Agrement, nat cca required to be given pwluant to
Ibis Agreement shall be effective when ttceived, and shall be sufficient if given in writing, hand
delivered, or United States trail, postage prepaid, addressed to the appropriate party at the address
set forth below. Either patty heseta may cbangr the: narne and addrms to whom all notices or
other documents required under this Agreement muse: be sent at any time by giving written notice:
to the other Pam.
Seem([
Vol (South Teler-ommunirations, Inc.
Assistant Vice Preesident
7650 NW 19 5t suite 600
Miami, FL 33126
,AKa n
Monroe County BbCC
1200 Truman AY
Key West,.FL 33040
10. Subscriber may not assign its rights or obligatians under this Agreement without the
express written consent of Company and only pursuant to the dornditions contained in the
appropriate tariff.
PWVATWROPRlli .'A ILLY
CONTAWS PRIVATE 4NO/4R PROP1UETARY R+FORMATraN. WV NOT SP USED OR DISCLDSED UttT$= 7719
131?LL9W114 COMPANIES P. rar PVRsVANT TO A Warr- X Adr+SWEM rr
CuBaQmCf Initials
Date
MA001d
11/26/2002 09:59 1 SELLSOUTH PAGE 04/10
SPECU . SMVICE ARRANGEMENT
AUREEMENT Case Nt mba F>; Z-M5•02
11. In the event that one or more of the provisions containcd in this Agreement or incorporated
within by rd mace slut be invalK Illegal, or uncnforcmble in ony respact ender arty upplicabie
statute, regulatary requirement orrulo of law, then such provisions shall be cnwidcred
inapvmtive to the extent of such invalidity, illegality, or unexbrucability and the remainder of
this Agrecmcnt droll continue in full f6me and effect.
PRIVATFJPPO UETARY
C13NTA M FRI VATO ANWOR PROPMETARY INFORMATION. MAY Nor eV USED OR oLgabsSo OMSIDb THE
L3ELLSOtT17i COMPANW.5 ExQPT PURSUANT TO A wRrrTgN ACUMM04T.
Cuaumttr Ittltials
Date —IIIII1.1
SWIM HIHS1131 T OI (U M-9Z-ffl
11/26/2002 09:58 1 BELL50UTH
PAGE 05110
SPECIAL SERVICE ARRANGEMENT
AG RE IJE:NT Case Number FLOC 1775-K
Option i of
Offer L•xpirmtlotL This oher shall cxpirt on: 1115103.
Estimated service interval following wiceptance date: Negotiable weeks.
Service description:
This Spcaial Service Armagmeat (SSA) provides for single mode, point-to-poink dry fiber
between the following locations in Key West, Florida,
1. 1200 Tn mttn Avenue to 700 Fleming Street.
Dry fiber is nfrmed as a paint-t"oinl arrangement between Cuslomm designated premises.
This SSA cousieta ors maxlmurn of two (Z) optical i-ibm turd is offered without optical signal
regeneration to compensate for Signal losses. The Cor;Many makes no other remotions
regarding the trunarttission capability oftha Facilities.
This Agreement is for sixty (60) mouths.
IN WTT'NESS WIUREDF, the parties hereto lwvc caused this AgracnXnt to be executed
by their duly authorized r€pr wntatives on the dates sat,,fnzttt below,
Accepted by:
Subscriber t tNA01 K
Yuionroc County DOC/
BY: L.
AutbarivedAlature
PtintedNaime. r_ftL'ir,,q
� 1
Title: Y
y -
Date: 1C1 0.2
Compwy.
BellSouth Telecommunications, Inc.
by: Bell authBusiaess Systems„hoc.
By.
Autharixed Signature
Printed Nme:f�� - — _-
Title: ■ .mod
4
P1UVATGPR0FJW. TARY -
cOrrt'Aws PIUVAra At+ NOR PROPMETAkY ra-0 d,AMON• M XY NOT BE USED uK 1313CL03ED OUTSWE THE
9EL.lSOUTH COMP. NIM EXCGPT PURSUA::7T TO A WiLMI d AGMMEM-
Paco d of A
Gustatttet' Initials
MUM HHOS1119 Tel (BIM0717-0
11/26/2002 09:58 1 EELLSOUTH PAGE 06/10
SPECIAL SERVICE ARRANGEMENT
AGREENENT Case Number FL02-J775•02
a Option 1 ofZ
Date: f /0,11,
PRFVATPJPRdPMETARY
CON1Ti%IHS P[Uvd%TU Awm PROPTURTARY INPOPMA710N• MAY NOT 96 USED OR 1315CI w OUTSIDE THE
BELLSOUTR COMPANIES WMITIOURSUANTTO A WRITTEN A MEET#
Pale S a: ? "�
Cus Fomer Initials
Date �11 j
11/26/2002 09:58 1 SELLSOUTH
PAGE 07/10
5PECIAI, SERVICE ARRANGEMENT
AGREEMENT Casa Number FL02-1775-02
--- Option 1 of 2
RATES AND CRARGES
Rate Element
1. spacial Construction for placing new
facilitias.
2. Dry Fiber
- per each 2 fiber KC=d armngment
- per mute mile
3. Dry Fiber
- per each Puint to paint f1ber sttnnd
Arrangement
Non -Recurring Monthly Rate USOC
S.00 $150,00 W0,00v
5.00 S27.5= W000Y
$1.500.00 S.00 WOOOW
PRIVATEIPROPP, WrA R'/
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NW OE USED OR DI9GLO$ED OUTSIDE THE
HOLLSOM COMPANIES EXCEK PURSUANT TO A WRITTEN MMMENT.
Page 8 at } �
Custotner InitiuIg
Date
Sw IWA flflslll� Z�:�l (��,�J�o02�92-SON
11/26/2002 09:58 1 BELLSOUTH
PAGE 08/le
SPECIAL SI RVYCE Ai1JZANGENIENT
AkK""NT Case Number FL02-1775-02
Optiou 1 of2
RATES AND CaARGES
NOTES:
The Cuetpmcr i9 liable for the ravenues to the Company for the full term of this Agmemcnt. If the
Customer discw=U early, two payment options are available:
1. Continue paying the m mshiy tars for the remainder of tho Agreerncat term, or
2. Make a lump sum payment dianountcd by the cttrrentprimo interest rate plus two percentaigo
points.
These rats anti charges are is addiction to any tariff rates and changes that may apply.
Tie rates and ehrttges provided in this Agreement ur a valid only if all locations hated in the
Service Description arc tnstallrrd for tho duration of the A6' a neat This Agmeiment is only valid
far the locations specified herein,
/:ulcers we temtinated at the etrstorner premises in a Fe1lSouth approved and constructed Fibs
Distributing Frame (FDF) or cabinet. The cumnt Hellrouth approved osannector far customer
prumise applications is the SC type.
The Customer may utilise the dry fiber for any luwful purpose; however, the Campmy does not
mpfcaent this service as suitable for the cWtomer's desired applications, The Company reserves
the right to rearrange its network and to modify the ma=cr in which it provides edmice in order
to meet its evctatl seMce requirements. Tuns includrs, but is not limited to, the right W engineer
and construct its fiber optic facilities in accordance with its normal operations without
requirement to modify its inaterials, splicing techniques, orplwmcd faclllty reatvnngements to snit
a specifics Customer request.
At the request of tho Customer, if made priar to the ins*.sllatiou of tho flaailities, the Company will
attempt to estimate the ftwi mission loss of the ch=itl at this customer's intended transiniuion
wwrolangth; provided, however, that the Company dons not warrant that the customer's channel
writ opemta at that estimated loss or that the transmission loss will remain constant during the
period in which the customer obtains oho facilities from the Company,
The Customer must Clearly identify facility tetminat on points an Customer prerniscs. In addition,
ihre Customer roust coop=dvcly disable any optical transmission equipment on u dry fiber
atrastgetuem whenever the Company must perform nuitttcrmnce on thome facilities.
This Arrangement is not intended to be connected to other DS3 and/or DS1 chaawl services
provided by the Company. No service capabilities arc. t:xpm_%9ed or implied for any such
connections by the Cutotner.
The Subscribcrmust provide the following-
• Entrance suFpart SUUCtttre for the placcmcnt of the fiber and
• Adequate space in the equipment mote for terminaVon of the fiber.
FR1VATrrch4r PMTARY
CONTAINS PRIVATE AND/OR PROPIURTA11Y NFORMATION, MAY NOT SE USED OR pIS=Slit] OU1511.1E 11 M
SEW.504t R COMPANia L•XCLTT t'LMSUANT TO A Wttt'tTENV AGHjiF5K ;T.
page 7or9
Customer Initials
Date (!
1/26/2002 09:58 1 BELLSOUTH
PAGE 09/10
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Coc Numbcr FL02-T775-42
Option I ar7,
END OF ARRANGEMENT AGREEMENT OPTION I
PRSVAMPR0!'R-"VtARY
COWA,Mg PPJVATP ANMR PRRPlUNTARY CNFOWAMN. MAY NOT HE USED OR D15=5W OWSiAT; THE
BIEL AULMH COMPAN18s FXCWr PURSUANT TO A WRMr N AQRENAEM.
Customer Iriitisls
Date
1Sr'V 1 Hg WHIM � � l Wl) Z00�-9 AOR
11/2G/2002 09:59 1 BELLSOUTH
PAGE 10/10
r,
SPECIAL SERVICE. ARRANGEMENT
AGREE, EZI T Cure Dumber FL02-1775-02
-- Option 1 of 2
Atcachtntnt 1
PerFS 287.0582 - "Mum a CounWr performance and obligation to pay under this Agreement is
conlitngent upon an annual appropriation by the BOCC."
Pcr FS 287,133 - "A person or affiliate who has been placed an the convicted vendor list
following a can iction for public entity Come may nut submit a bid an a contrast to provide any
goods or wvices to a public ttltity, rnay not submit a bid on a contrast with a public entity+ for the
exmstruction or rcp* of a public building of public work, may not submit bids on leases of real
pmperty to publio entity, may not be awarded or perform work as it conmictor, sugpliat.
subcontractor, or oonsultaat under a contract with any public t ntity, and may not 'tra mW business
with any public entity in camels of the thmshold amount provided in Section 297.017, for
CATEGORY TWO for a peri od of 36 months from to; data of being placed an the eanvieteed
vendor list-,,
Per Ordinance 19-1990- "Canttaetorrwarrimts that Wit has nag employed, retained or otherwise
had act on hisfits behalf auy fat'mer County officer or employee in violation of Section 2 of
OrdinatnceNo, 10-1990 or any County officer or cmptcr' ee in violation of Section 3 of Ordinance
No. 10.1990. Furbre:seb or violation of this provisiwi the County tray, in its discretion,
larminm this Agcemrnt without liability and may a!so, in its dis=tior4 daduct from the
Agrerwent or purcbwe price. or othcswiso rtcnver, the full amount of any fen, commission,
percaatagn, gt11, or c=idamtiah paid to the fwTner County officer or employes."
PIWATERiiOPfU5TAKY
CONTAINS Pnn+ATS ANWQR PRaPRIr.TAJCY WfORMATION, MAY NOT DE USRD OxtDISCLOSCED OVrSTI)E THE
BELLSOUTH COMPANIES EXCEPT rUf SW14TTO A W3UTTM4 AGPZPJ. NT.
Customer Initials j
Date
6l0/a l0 '(i 11H H9 �Wxyj) MUM WHIM £NI MIROKANOK
'fit,