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IntraLATA Frame Relay 02/19/1997BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 TO: FROM: �` pOUNT y� J�t.��M CUJpG'i. G9 C:'b F' •. a u: .a cf °ygOe couar� • �`� Wnnp 1. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 M EM 0 RAHTDUM John Carter, Director Division of Management Services BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Isabel C. DeSantis, Deputy Clerk DATE: February 26, 1997 At the February 19, 1997 meeting, the Board granted approval and authorized execution of a Frame Relay Service Agreement between Monroe County and BellSouth Telecommunications, Inc. for frame relay network services required to inter -connect computers in 13 county buildings, including the 5 libraries, in the amount of $147,534. over a period of three years. Attached hereto is a duplicate original of the subject document for forwarding to BellSouth. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney County Administrator, w/o doc. Finance Risk Management, w/o doc. File 13 Eli SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number SF96-484 7-01 This Special Service Arrangement Agreement ("Agreement") is by and between BellSouth .T:elecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and Monroe County >-("Subscriber"), and is entered into pursuant to Tariff Section AS of the General Subscriber Services Tarif This agreement is based upon the following tenns and conditions as well as any Attachment(s) affixed an appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the tenns and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions described in the Attachme are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the tenns and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the dctermination of any service period stated herein, said ser period shall commence the date upon which installation of the service}(9{~eta h requested by subscriber and is completed. ~ 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services. . -r] \0 -- 3. This agreement is subject to and controlled by the provisions of Company's-:or any of itS affil~ed companies' lawfully filed tariffs, including but not limited to Section A2 of the G~no.rjl Sub~ber ~rvi Tariff and No.2 of the Federal Communications Commission Tariff and shall include all ch~ges torsaid as may be made from time to time. All appropriate tariff rates and charges shall be include~ the ljrovis this service. The tariff shall supersede any conflicting provisions of this Agreem~t. with the exceet!on 0 rates and charges herein, in the event any part of this Agreement conflicts with tenns and c~itioQ;Pf Company's or any of its affiliated companies' lawfully filed tariffs. i..i1 ~ w ," 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreem shall be null, void, and of no effect. S. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after th execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurr the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in the Attachment(s) may be based upon infonnation supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscribe agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecaste level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reas costs associated with its failure to meet its projected service requirements. 7. If Subscriber cancels this Agreement at any time prior to the expiration of the service period set for this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified b tariff, termination charges are defmed as all reasonable charges due or remaining as a result of the minim service period agreed to by Company and Subscriber and set forth in the Attachment(s). 8. This Agreement shall be construed in accordance with the laws of the State of Florida. .. SPECIAL SERVICE ARRANGE~NTAGREE~NT Case Number SF96-4847-01 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agre shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United Stat mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party here may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice President 7740 NW 50 St B-2 Miami, FL 33166 Subscriber Monroe County 5100 College Rd Key West, FL 33040 10. Subscriber may not assign its rights or obligations under this Agreementwithout the express writt consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that one or more of the provisions contained in this Agreement or incorporated within reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule of law, then such provisions shall be considered inoperative to the extent of such inva illegality, or unenforceability and the remainder ofthis Agreement shall continue in full force and effect. * Ex. A is attached and incorporated into this agreement. In the event of a conflict between a provision. of Ex. A and a prOViSiO~ of paragraph 1-9, the provision in Ex. A will control. , ...J.e- . '" SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number SF96-4847-01 Option 3 of 3 This rate is valid through: 4/30/97. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Special Service Arrangement Agreement provides for intraLA T A Frame Relay service at fractional speeds. This contract is on a thirty-seven month basis with a thirty-seven month minimum service period. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: BellSouth Telecommunications, Inc.. By: ~M ~ -&- VcJy. ForA- Authoriz6.r'Signature Title: Assistant Vice President Date: ()~. 1'1- '7 Date: ;;).- ;;lb - CCI ."\ :'i , I . , , .. . SPECIAL SERVI(:E ARRANGEMENT AGREEMENT Case Number SF96-4847-01 Option 3 of 3 RATES AND CHARGES -1' Rate Element N on- Recurring Monthly Rate USOC 1. Customer Connection at 128 KBPS $450.00 $93.10 WVV 4P to Frame Relay 2. Customer Connection at 192 KBPS $505.00 $137.20 WVV4Q to Frame Relay -'. Customer Connection at 256KBPS' $525.00 $181.30 WVV 4R to Frame Relay 4. Customer Connection at 384 KBPS $525.00 $319.00 WVV 4S to Frame Relay 5. Customer Connection at 512 KBPS $525.00 $319.00 WVV4T to Frame Relay 6. Customer Connection at 768 KBPS $525.00 $319.00 WVV4U to Frame Relay 7. Contract Preparation Charge $263.00 $.00 NOTES: All applicable rates and regulations for Frame Relay service as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in this Special Service Arrangement Agreement contract. Apply one End User Common Line Charge for each Customer Connection as provided in the FCC No. 1 Tariff, section 4.6. END OF ARRANGEMENT AGREEMENT OPTION 3 .. ,1 TT J+L t I /JI c: ,\I ,- A FUNDING A V AILABILITY In the event that funds from INFORMA nON 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 j", accordance with Section 5 (b) Monroe County Ordinance No. 0 i 0-1990 the following language; or fonn "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 cOI).Si~eration paid to the fonner 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. II ft f./ ~ - .. .'