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Home My WebLink About09/19/1996 Agreement•°OUNP), i :• i �� CoinrA•��`of 30annp 1. Rotjase BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL (305) 299-6027 KEY WEST, FLORIDA 33040 FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 295-3660 M E M O R A N D U M TO: Division of Management Services C/O County Administrator FROM: Ruth Ann Jantzen, Deputy Clerk ,e f DATE: January 22, 1997 BRANCH OFFICE. 8920 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 On September 19, 1996, the Board of County Commissioners granted approval and authorized execution of a Megalink Channel Service Agreement between Monroe County and Southern Bell Telephone and Telegraph Company, to provide MegaLink Service at the Key West Central Office. Attached hereto is a duplicate original of the subject Agreement, now executed and sealed by all parties, which should be returned to Southern Bell. If you have any questions on the above, please contact me. 'w cc: County Attorney County Administrator Finance File MEGALINK~ CHANNEL SERVICE AGREEMENT The undersigned Subscriber requests Southern Bell Telephone and Telegraph Company ("Company") to provide MegaLink" service (ML) at the Key West central office and Subscriber's location at 1200 Truman Ave, and MegaLink~ Channel Service ("MLCS") at the Key West Central Office. Important tariff provisions relating to ML/MLCS are set forth herein: 1. The Company will furnish, install, maintain and provide Maintenance of channel services for ML/MLCS in accordance with the Company's lawfully filed tariffs. The tariffs provide the basis for this Agreement with the Subscriber. The Agreement period shall begin the day ML/MLCS is installed, 2. The Subscriber agrees to pay the Company for the provision of ML/MLCS ("Service"). The Service shall be offered for variable rate periods with rates based on lengths of 24-48 months, 49-72 months or 73-120 months. This monthly rate}Vill continue for the ;~:; \0 ~ elected service period and will not be subject to Company initiatec:t:~~ge dilting ~ch period.-r ~. ~ 0 N ~ N -".. :r --.. -~. .1l ...., The monthly rates for facility mileage, basic system capacity and. feature ~ivat(op. in effect at the time the Service is installed and/or as of the service .order ap~atiOlf:llate will be in effect until the expiration of the service period chosen by the Subscriber. Other rates applicable to other Services provided by the Company, including but not limited to, individual exchange network access and private line channel services, that are connected to ML/MLCS, may be increased during this period. 3. The service period for this Agreement shall be ~ months. The rates and charges, per month, for items under this Agreement are: Basic System Capacity (24 Channels) Feature Activation ( 24 Channels ) Local Channel Non-Recurring $225.00 $145.00 $350.00 Recurring $189.00 $120.00 $ 95.05 Page 2 of 3 4. In the event that any item of the Service is terminated prior to the expiration of the service period, the Subscriber shall pay a termination liability charge as specified in the tariff. In Florida, Georgia, and South Carolina, moves of service that meet all criteria as stated in B2.4 of the Private Line Services Tariff shall not be subject to Termination Liability. 5. At the expiration of the service period, the Subscriber may continue the Service according to renewal options provided under the tariff. If the Subscriber does not elect an additional service period, or does not request discontinuance of service, then the above Service will be continued at the monthly rate currently in effect for month-to-month rates. Service periods may also be renewed prior to expiration in accordance with regulations and rates then in effect. 6. Suspension of service is not permitted for ML/MLCS. 7. The Subscriber agrees to pay any added costs incurred by the Company due to a Subscriber initiated change in the location of the ML/MLCS prior to the time it is placed in service. 8. In the event the Service requested by the Subscriber is canceled pnor to the establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimburse the Company for all expenses incurred in handling the request before the notice of cancellation is received. Such charge however, is not to exceed the sum of all charges which would apply if the work involved in complying with the request had been completed, 9. Subject to the current provisions of applicable tariffs, the Subscriber may arrange to have existing Service under this Agreement moved within the same premises. Subscriber agrees to pay a non-recurring charge based upon the estimated cost of such rearrangement without interruption or change in the monthly rates. (MEG-CHAN) Page 3 of 3 10. Equipment may be transferred to another Subscriber at the same location upon prior written concurrence of the Company. The new Subscriber to whom the Service is transferred will be subject to all tariff provisions and equipment configurations currently in effect for the present Subscriber. This Agreement is effective when executed by the Subscriber and accepted by the Company, and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, including any changes therein as may be made from time to time. Ex. A is attached and incorporated into this agreement. In the event of a conflict between a provision of Ex. A and provision of paragraph 1-9, the provision in Ex. A will control. If ADDRESS: 1200 Truman Ave. Key West Florida SUBSCRIBER: MONROE COUNTY -::F~ Title: ~1/l"t J . -._~_----"C'~ 8't BELLSOUTH Accepted: I - IS- - , 19 ~7, By: ~/fYI u:;::; / U Set (.e..s ).1c.v'l49€f' ...., APPROVED AS TO FORM AND Al B Title: / ,:( rr IU. Ii )Ji ~ ,,-v '( ,A FUNDING AVAILABILITY In the event that funds from INFORMATION SYSTEMS DEPARTMENT contractual services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board by written notice of termination delivered in person or by mail to the vendor, ETHICS CLAUSE Each contract/agreement entered into by the County shall contain in accordance with Section 5 (b) Monroe County Ordinance No, 010-1990 the following language; or form "MCP#4 Ethics Clause" "(Person or business entity) warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee, " PUBLIC ENTITY CRIME STATEMENT All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287,133 F.S.): "A person or affiliate who has been 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 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under 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 of36 months from the date of being placed on the convicted vendor list."