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Order Attachment-CSA Services 06/20/2007 Clerk 0I111e Circu. COUd Danny L. Kolhage Office (305)295-3130 Fax (305) 295-3663 Memnrandum 1b: lisaDn.u:kemiJJRr, Tekrommunimtions Sprialist Isabel C. DeSantis, Deputy Clerk I Tuesday, July 03, 2007 From: Date: At the BOCC meeting of June 20, 2007 , the Board approved the following: Amendment to BellSouth Business Master Agreement FL03-F87 1-00 to upgrade existing Frame Relay Service connections in Monroe County with "Metro Ethernet" servll:e. Enclosed please find a duplicate original of the subject document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. Copies: Finance County Attorney File V CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 MASTER SERVICES AGREEMENT - ORDER ATTACHMENT FOR CSA SERVICES This Order Attachment Agreement is Made Pursuant to the Master Services Agreement No. FL03-F87I-00. This Agreement is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff. Offer Expiration: This offer shall expire on: 9/712007. Customer's Billing Address: Monroe County, by and through its Board of County Commissioners, a political subdivision of the State of Florida 1200 Truman Ave. Key West, FL 33040 ::r S2 ~ - ~- ;?',) ;..... (-)n-.;,; rl'l:~ n:,:>r::_ en: ~:?:j:'- ;~--'li~ . :.-....:-1. '. -q J> r- c::-) ::.:.. rf"'j Page 1 of 5 ~ ..... '- := I w -0 ::.:: - .. U'I Q :2:! '"~.. , :~ ~._, ..." CJ :~,'\J :::D C"l (") C) :..0 CO CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 Estimated service interval following acceptance date: Negotiable weeks Service description: This Contract Service Arrangement (CSA) provides BellSouth@ Metro Ethernet service. This Agreement is for forty-eight (48) months. 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. This Agre"ment 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. Page2of5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 IN WITNESS WHEREOF, the Parties hereto have caused this Order Attachment to be executed by their respective duly authorized representatives on the date indicated below. Accepled by: Subscriber: Monroe County, by and through its Board of County Commissioners, a political subdivision of the State of Florida /~ /()~ By: I 'M/ Authorized Signature Printed Name: Mario DiGennaro MONROE COUI\!1Y ATTORNEY A~Eq 4;5.l1) f!1M: YN~A L, t... ASSISTANT COLUVTY ,ArTORNEY Date O/" .- 04- 'J.oo 7- Tille: Mavor/Chairocrson Dale: ~--~ Company: BellSouth Telecommunications, Inc. By BeIlSo~~ I3usmes~yste~ Inc. I By '1.;S) ur') J'5-Lu\..v _ AuthOrIzed Slgnatur0~- - - --- PnntedName. E ~ J\~+ O?_\=L L () Title: '):/1" ,\ ~''''''~~V Dale: ". /3 f / D Q / / ~,-~Q:~~J4~ l....;..,. ",,--:.;'( ,)A~~ Name,(Y\ To kli\-. ~+aY\ Title:Ti?dfN-(0-A-LSOLl.L.IION$GltJ$l.{l.-\"W1- Title: ~\, (jcD..... ~~ 'fZ) - ~ 1- ::tQO I Date: G -?> \ ~ D~ OlUy,'--& S~ t-Ue-~' By: Name: Date: Page J of 5 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-0l Option 1 of 1 RATES AND CHARGES 2 3 4 5 6 7 8 9 Rate Elements BellSouth@ Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Fixed Mode BellSouth@ Metro Ethernet Service, 100 Mbps Premium Connection, per connection, Fixed Mode BellSouth Metro Ethernet Service Additional Mileage, BellSouth Metro Ethernet Service arrangements greater than 10 through 25 airline miles, per 10 through 99 Mbps Connection BellSouth@ Metro Ethernet Service, Priority Plus Feature, per connection Metro Ethernet Reporting, Establishment Charge, per account Service customer Non-Recurring $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 $.00 Monthlv Rate $810.00 $1,620.00 $370.00 $90.00 $.00 $8.00 $.00 $.00 $590.00 Metro Ethernet Reporting Charge, per connection Metro Ethernet Reporting Security card, each Contract Preparation Charge BellSouth@ Metro Ethernet Service, Premium Service Arrangement, 4 Mbps Premium Connection, per connection Page 4 of5 USOC MTEP3 MTEP6 MTEMA MTETP CNMSE CNMME CNMSC WGGVF MTEPJ CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL07-2033-01 Option 1 of 1 RATES AND CHARGES NOTES: If facilities do not exist, special construction charges may apply. All rules and regulations found in the BellSouth@ Metro Ethernet tariff are applicable to this CSA. These rates and charges are only valid if the Customer is served from a central office equipped for BellSouth@ Metro Ethernet service, or can be extended to a central office equipped for BellSouth@ Metro Ethernet s~~rvice. The following nonrecurring charges will be reduced or will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable tennination liability. IJSOC NONRECURRING CHARGE WGGVF-Contract Preparation Charge $1,114.00 CNMSC $ 200.00, each CNMSE $ 250.00, each MTEPI $1,000.00, each MTEP3 $1,000.00, each MTEP6 $1,500.00, each Registered trademark of Bell South Intellectual Property Corporation END OF' ARRANGEMENT AGREEMENT OPTION 1 Page 5 of5 May 22. 2007 BellSouth Telecommunications. Inc. 575 Morosgo Drive Atlanta. GA 30324 Re: Letter of Agency The undersigned hereby designates BellSouth Telecommunications. Inc. and its affiliated companies ("Bell South") as its agent for the purpose of (i) placing and coordinating orders for communications services and facilities. or related equipment designat,ad by the undersigned (collectively. "Products" or "Services") with local exchange carriers. interexchange carriers and other providers of communications-related services or related equipment designated by the undersigned (collectively. "Providers"). and/or (ii) otherwise dealing with and performing all ancillary and reiated matters with respect to coordinating the fulfillment of such orders and/or the installation. delivery. maintenance. servicing or repair of such Products or Services. and the undersigned authorizes BellSouth to place such orders for Products or Services or to perform such other activities described above. directly with such Providers on behalf of. for the account of and in the name of the undersigned. The undersigned ack.nowledges that it. and not BellSouth. will be responsible for determining and selecting the Products and Services and the Providers to be utilized by the undersigned and for payment of all charges for Products and Services in connection therewith. The undersigned intends that copies of this ietter of agency may be given by BellSouth to Providers and that such copies shall be sufficient evidence for such Providers of BellSouth's authority as granted hereunder. This letter of agency shall remain valid until expressly revoked in writing by the undersigned. Sincerely. ~~j(}~~ By: Authorized Representative of Contracting Company Name: /l1a.r/o D,{;-e.-VlYltl.YO Title: .M G\ ~"r / C 114, ''';>1 a.J1 Customer Name: Monroe County.'a political subdivision of the State of Florida by and through its Board of County Commissioners 1.!00 Truman Avenue KElY West. FL 33040 . . _ ......~LHAGECLER~ +-;~. '.~o:LifQ.. ~~ (;". OCi'U,(C!.EP~ <:/2.0/07 5 0 g ""', ...~. -.. ~-., :;';. c- .... n"'~' Clr",::;: ? fT" .:~" _~, c.... ,- , I~G' W :- rrt CJ Add ress: -'/1 C) ..... ~,.' ~..;;,,;--, : '.~ " :x MONROE COUNTY ATTORNEY Af7'PROVED AS T~M' l'LfL>f-lt~ 1 r YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date err" ;}..q - ~Oo"1-- 'I r' p G') (Y', - .. :::0 ;'1 " c:> ::0 C) c.n Version: 04/2005 Created On: May 22. 2007 Page 1 of 18 CCP.23176 @ BELLSOUTH BellSouth@ Managed Network VPN Service Service Description 1) General BellSouth's Manag6(j Network VPN Services ("Network VPN" or "Service") are a suite of IP VPN connectivity services designed to support the remote access, Intranet, Internet and Extranet application needs of businesses. An IP VPN Service is defined as an emulation of a virtual private network built on top of a shared IP infrastructure to interconnect multiple customer sites and users to a common community of interest. BellSouth utilizes MPLS/BGP4 (conforming to draft RFC 2547bls-01) and IPSec to deliver IP VPN services to Network VPN customers. The Network VPN suite of services consists of the following service capabilities: Network VPN 8Ite.to-8ite Service; Network VPN Remote User Service; AAA Hosting; Internet Access with Firewall and Intrusion Protection Feature. Unless otherwise spE!cified, the Service includes provisioning, proactive monitoring, management and technical support for all Network VPN service components. "Service" shalt mean the service(s) as identified and set forth in this Service Description. BellSouth reserves the right at any time during the term of customer's Agreement for the Service to modify the Service and/or to migrate customers to any comparable service BeUSouth or another AT&T affiliate may have at that time. If BellSouth chooses to migrate the customer, BellSouth will provide the customer with prior written (email) notice to that effect. In the unlikely event that any such migration would have a material adverse effect on the customer's ability to use the Service, and BellSouth or another AT&T affiliate cannot correct or remove such adverse effect, the customer will be permitted to terminate its Agreement for the Service without payment of any early termination charges that would otherwise be applicable on account of such temination. 2) Services Provided The service includes 24 X 7 proactive monitoring, management and technical support of all components provided with the service via BellSouth carrier class NOC facilities. Following is a non-inclusive list of the types of activities that will be performed to monitor and manage the provided components within NI3twork VPN Service: 24 X 7 monitoring, management and maintenance of aU network infrastructure components associated with the Service, including customer premise equipment (CPE) when the Port + Access + CPE packaging option is selected; Creating, tracking, updating and closing trouble tickets as appropriate; Monitoring, reading, and setting of various SNMP Management Information Base (MIS) variables; SettinlJ and polling of alarms, thresholds, etc.; Addressing customer notification of troubles; Implementing and managing the IP Routing and Forwarding services necessary to forward IP traffic between customer sites and/or users ,across the Network VPN Service; Reporting and Customer Network Management Interfaces. a) Public and Private Connectivity options Connecting a palrticular Site and/or Remote User to BeflSouth's Network VPN Service is accomplished via one of two methods: "On-Net.. Connectivity: a direct connection from the customer premise device to the BellSouth Provider Edge (PE) Router via a private, dedicated connection (Le. Frame Relay, Private Line, DSL). "Off-Net" Connectivity: an encrypted connection from the customer premise device to BellSouth's IPSec Gateway ("lPSec Gateway") utilizing IP Security (IPSec) over a public Internet connection. The IPSec Gateway is hosted in BellSouth facilities and enables connectivity and interoperability between a customer's "Off.Net" sites and/or users and the customer's "On.Net" Network VPN locations. For "Off-Net" connections, the customer is responsible for providing, monitoring and managing the appropriate Internet access service and associated CPE to reach the IPSE!c Gateway. b) Service Availability Regional (In-Franchise) "On-Net" Network VPN Service: Frame Relay, Private Une, ATM, Metro Ethernet, SeflSouth Integrated Solutions, and DSL Service coverage includes all LATAs and metros in the 9-state BellSouth telephone service region in the southeastern United States; however, access options will vary by location. Customer must consult with their BeUSouth Account Team to determine individual customer access availability by site/user location and/or serving area. BellSouth Regional Network VPN service is an offering of BellSouth Telecommunicati,ons, Inc. National (In-Franchise & Out-of-Franchise) "On-Net" Network VPN Service: Frame Relay, Private Line, ATM, Metro Ethernet, BellSouth Integrated Solutions, and DSL Service coverage includes allLATAs and metros in the continental United States; however, access options will vary by location. Customer must consult with their BeHSouth Account Team to determine individual customer access availability by site/user location and/or sEirving area. BellSouth National Network VPN service is an offering of BellSouth MNS, Inc. c) Network VPN Site~to-Site Service The Managed N"twork VPN Site-lo-Slte Service (Network VPN S25) enables businesses to establish IP level Wide Area Network (WAN) connectivity betwl3en business sites over BellSouth's Network VPN service using a wide range of underlying access types/speeds to a given site. BellSouth utilizes a Peer Model in conjunction with a Layer 3 Network VPN backbone architecture in order to interconnect customer sites. The Peer Model requires that the customer edge device (typically a router) "peer" with only one router at the edge of the BellSouth Network VPN service (as opposed to all other CPE routers associated with specific sites on the customer's VPN network). Once the BellSouth Version: 02/2006 Created On: May 22, 2007 Page 2 of 18 CCP-23176 PE Router receives an IP Packet from a particular customer site, BeHSouth is responsible for routing that packet acrass the BellSouth Network VPN service to the appropriate customer site destination. This connectlonless architecture enables the creation of VPNs in Layer 3 'Nhile eliminating the Iileed for tunnels or Virtual Circuits between all customer sites. Access types A Network VPN S2S Service access type/speed combination will be selected for each customer site. Following is a list of the standard Network VPN S2S access types that are currently supported. Availability of access type 'Nil! vary by customer site and access serving area:. Frame Relay; Private Line; ATM; Metro Ethernet (see requirements below); BellSouth@ Integrated Solutions; DSL. Metro Ethernet (MetroE) Access to Network VPN - Requirements This service will enable customers to connect to the Network VPN service at various Metro Ethernet speeds. MetraE access to Network VPN is available as Port + Access + CPE, Port + Access and Port Only service options. When Network VPN is provided via Metro Ethernet Premium service, packets originating from a particular Customer are identified by use of a Virtual Local An3a Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned. The VLAN tag is embedded in each Ethernet packet received from the Customer and serves to identify the source of the packet to BellSouth. The requirement to identify MetroE to Network VPN Customers by VLAN Tag requires that the data transport service connecting to the BMF conform to the following requirements: 1. Thl3 BellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethernet Premium service equipped with Q_ Forwarding. Q-FolWarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethernet Premium service. 2. If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (i.e. BellSouth Basic Metro Ethernet service), and one or more of the existing locations desire to add Network VPN services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service. 3. Thl3 CPE equipment effecting the Ethernet connection at the Customer Premises to the BellSouth Metro Ethernet service must support VLAN tagging via the 802.1Q protocol. When a Port+Access or Port Only configuration is ordered, the Customer must provicle compatible CPE and configure it according to the VLAN tags that will be assigned by BeUSouth during the ME to Network VPN provisioning process. Customers providing their own Metro Ethernet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speed:; 2M, 4M, 8M, 10M, 20M, 50M, 100M, 250M, 500M or 900M plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch Central Office. Customer provided routers must be VLAN tagging capable for Metro Ethernet to Network VPN service. All dedicated, poinHo-point tariffed transport services used to provide access to the NeflNork VPN service are provided via the FCC jurisdiction tariffs. Customer Responsibilities: Provide all IP Addresses to be used in customer's VPN Network; (BellSouth will typically assign addresses from the customer provided pool of IP Addresses); Provide routing from Customer-edge routers to providerMedge routers (BellSouth owned and maintained) via Network VPN supported protocols; Confi~luration and maintenance of all Customer-owned devices on Customer's network. CE To PE Routing for "On-Net" Connections At each customer premise, a device is attached to the Network VPN via some type of data link connection such as Frame Relay, Point-to- Point Protocol, etc. The router at the customer premise (the CE device) may connect a single host single subnet or multiple subnets to the NeflNork VPN Service. At any site 'Nhere the Port + Access + CPE packaging option is not selected or is not available, it is the customer's responsibility to monitor and manage or to engage a third party to monitor and manage their own CE devices. As part of that management, the customer must provide the routing from the CE device to the BellSouth PE Router via a BellSouth Network VPN supported routing protocol. Unless otherwise specified by the customer, static routing will be the default customer routing method provisioned for each location. Class of Service Class of Service (CoS) is a way of managing traffic in a network by grouping similar types of traffic together and treating each type as a class with its own level of service and priority. The BellSouth CoS offering will support four classes of traffic: (1) realMtime; (2) interactive; (3) business priority and (4) best effort. The real time class is intended to provide a building block for low delay, low jitter and low loss services, such as real-time voice. The interactive and business priority classes are intended to provide customers with a low delay and low loss service that would be applicable for video and business critical applications. The best effort class is intended to provide customers with a standard delivery mechanism that does not require real-time parameters. BellSouth's Class of Service architecture is based on a Differentiated Services (DiffServ) model, whereby traffic entering the BellSouth network is classified, and possibly conditioned, at the boundaries of the network and assigned to different behavior aggregates. A predefined marking scheme is used Ito identify each behavior aggregate. Traffic that does not conform to BellSouth's predefined marking scheme will be classified as best effort. Traffic classification should occur within the customer's network or at the Customer Premises Equipment (CPE). BellSouth will not perform classification of packets at the Provider Edge ingress, other than to enforce the CoS contract. BellSouth's solution will support Class of Service whether BellSouth or the customer manages the customer premises equipment. If BellSouth does not manage the router. the customer will be responsible for classifying the traffic according to policies provided by BellSouth. Version: 02/2006 Created On: May 22, 2007' Page 3 of 18 CCP-23176 d) Network VPN Remote User Services The Network VPN Remote User Service enables businesses to securely and cost-effectively connect remote users to the corporate network over BellSouth's Network VPN Service. The service supports "Off.Net" remote user configurations as described below. The Network VPN Remote User Sl~rvjce will be sold as a distinct overlay service to the underlying IP/lntemet connectivity for this service configuration. Thus, the company and/or remote user purchases global Internet Access distinct from the Network VPN Remote User Service. Additionally, the Customer is re~:ponsible for implementing any additional security capabilities for the remote user environment (e.g. personal firewalls, virus scanning, etc.) beyond the basic secure Network VPN connectivity provided in the following Network VPN Remote User Service "Off~Net" configuration. At a minimum, one Network VPN "On-Net" S2S Connection, which will be designated as the host site, is required for the Network VPN Remote User Service. This connection can be dedicated for just Network VPN Remote User Service, or it can be implemented in conjunction with the Network VPN Site-to-Site Service. End User Level Help Desk Support BellSouth provides, as part of the Network VPN Remote User Service, a business-class end user technical support help desk, The Help Desk is available via a toll-free number 24 hours a day, 365 days a year to support end users having trouble accessing the VPN due to VPN Client Software or othl~r connectivity issues. The Help Desk does not provide support for troubleshooting home networks nor any other end user or server based applications. BeUSouth perfom1s the following end user help desk functions as part of the Network VPN Remote User service: 24x7 access to a toll-free technical support help desk to all end users of the Network VPN Remote User Service; Assisting the customer's remote user with VPN Client Software download, installation and use; Troubleshooting basic connectivity issues. Remote User Access Control Authentication, Authorization and Accounting (AAA) servers provide the primary means through which access controls are set up for the remote users, and therefore are required for Network VPN Remote User Service. The customer may host the AAA services or outsource the AM hosting to BellSouth. If the customer chooses to host the AAA services, the customer must work with BellSouth to validate interoperability with the Network VPN Remote User Service as AAA services are also utilized to fulfill on a variety of required reporting requirements. lIser name and password will be the only supported authentication scheme for BellSouth hosted AAA services. Network VPN Remote User Service - "Off_Net" IPSec Configuration This service configuration provides secure remote access connectivity to be established to the customer's network for any Internet accessible user. A Cisco IPSec Client, vvhich the remote user downloads from the BellSouth Network VPN Customer Network Management (CNM) web interface, is provisioned with this Network VPN Remote User Service Configuration. This IPSec client must be installed on each client workstation requiring access to the customer's Network VPN Service. Valid users are established by the customer's network administrator through an AAA user authentication database (vvhich must be hosted by the customer or by BeIlSouth). The secure IPSec VPN tunnel is initiated at the remote user's client location and is terminated on the IPSec VPN Gateway at the edge of the BellSouth Network VPN Service. As the IPSec client is utilized to establish the VPN connectivity, this service is independent of the underlying access and can therefore be utilized in conjunction with any BellSouth or third party Internet access service. However, more integrated service and support is provided when it is used in conjunction with BellSouth FastAccess@ or Dial Internet Services. IPSec Remote User Client Software All "Off-Net" Remote Users will be required to use Cisco's IPSec software client, which can be downloaded via the BellSouth provided Network VPN CNM web interface. Supported Remote User Internet Access types As previously mentioned, Network VPN Remote User Service is purchased and provisioned independently of the required underlying Internet access connectivity. However, as follows, there are differences in the Internet access that can be utilized and/or are supported in conjunction with the service configuration. The Network VPN "Off-Net" IPSec Remote Client Configuration can be utilized regardless of the underlying Internet access type. However, it is intended to support remote user access via typical dial~up or broadband access speeds. As such, appropriate acceptable use policies may be applicable and/or IPSec Gateway bandVv'idth rate limits implemented to prevent any potential abuse of the service. e) Value Added Internet AccesEi with Firewall Feature The customer may choose to provide all of their Net'vvork VPN Sites and/or Remote Users with Global Internet access via a centralized, Global Internet connection provided by BeUSouth. Additionally, BellSouth provides network based security services (e.g. Managed Firewall and Network Address Translation (NAT), etc.) via the BellSouth Security Services Gateway ("Security Services Gateway") in order to apply appropriate perimeter security mechanisms when the global Internet Access service is provisioned. Customer will be required to subscribe to the Firewall Feature if they chose the Internet Access Feature as part of their overall Network VPN service. The Managed Firewall Feature is comprised of the following: Configuration of the customer's Network VPN to enable controlled Internet access; Multi-~Iomed global Internet connectivity from the Network VPN "cloud"; Provisioning and configuration of the Security Services Gateway; Initial design and implementation of the firewall rule base; Support for Network Address Translation (NAT); 24X7 Monitoring of the Firewall Platform; Firewall Administration and backup; Help Desk support and implementation of rule base changes as requested by Customer; Firewall logging and reporting; SLAs. The Internet Ace-ess with Firewall Feature is available in one of two service levels: Basic and Advanced. Internet Access with Basic Firewall Feature includes: Outbound Only Rule Set; Version: 02/2006 Created On: May 22, 2007 Page 4 of 18 CCP-23176 Dynamic NAT; Domain Name Service (DNS) Caching (resolution); (1) Public IP Address to be used for NAT. The Advanced Firewall Feature Includes the following: Support for Inbound and Outbound Rule Sets; DNS Caching and DNS Hosting for public IP Addresses provided by BellSouth as part of the service; Static NA T for public IP Addresses provided by BellSouth as part of the service; Support for logical demilitarized zone (DMZ) configurations using a separate PVC (only available at sites where Port + Access + CPE packaging option is selected). Intrusion Protection Feature An optional add-on security service whereby BellSouth enables Check Point's SmartDefense filters to detect and thwart a range of application level attacks. As new advisories are received from Check Point, BellSouth will notify the customer of the new advisory and allow them to choose if they \lvould like to act upon the advisory by adding the filter to their existing Intrusion Protection Policy. The Intrusion Protection Feature includes: Initial policy definition and implementation: Event detection, blocking and logging based on Check Point's SmartDefense filters; Logging and Reporting (only available upon request); Ongoing subscription to SmartDefense Advisories. 1) Service Packaging and Pricing The Network VPN Site-to-Site service will support multiple service packaging options for a given site based upon access type, speed and components bundled with the service (e.g. Network VPN S2S Port + Access). Support for specific service package variations differ by access type and geography. Network VPN S2S Service - "On-Netn Packaging Variations Network VPN S2S Service Port + Access + CPE: The Network VPN S2S port as well as the associated local loop and Customer Premise Equipment. With this packaging option, the Customer Premise Equipment includes a router and the LAN interface on the router is the point of demarcation between the customer's LAN and the BellSouth Network VPN Service. A separate 1FB (business local loop) is required for out of band management which is not included as part of the Network VPN Service For S2S DSL connections, the customer is responsible for providing the appropriate underlying 1 FB (business local loop). Network VPN S2S Service Port + Access: Both the Network VPN S2S port as well as the associated local accessltransport is included with the service. For S2S DSL connections, the customer is responsible for providing the appropriate underlying 1 FB (business local loop). Network VPN S2S Service Port only: Only the Network VPN S2S port is provided with the service. The Customer is responsible for providing the associated local access/transport. Network VPN S2S Service. "On. Net" CoS Options from a service perspective, CaS will either be enabled at a given site, or not enabled. Customers will be charged a premium for those sites where CoS is required. The number of classes available to a customer at any given site are dependant upon the CaS package option contracted for at that site. BellSouth offers the following COS packaging variations: Standard - This option only includes the best effort class of service and is available for those customers 'Nho do not have a need for class of service prioritization. CoS-Basic - This option includes the Best Effort and Priority Business classes and is for those customers who need class of service to prioritize data traffic, but do not need all four forwarding classes. CoS-Premium - This option includes all four forwarding classes. When CoS is enabled, the customer's traffic will be allocated via a CoS policy that spells out how much bandwidth will be allocated to the individual classes. The bandwidth allocations in the CaS policy spell out the contracted bandwidth rates ("Contracted Bandwidth"). Unless otherwise agreed to in writing by BellSouth, no more than 50% of the total port bandwidth at a particular site may be allocated to the real-time and/or interactive classes. Network VPN S2S Service. "Off-Net" Packaging Network VPN S2S "Off.Net" IPSec Tennination - (see also IPSec Tunneling Termination): This service variation provides for the termination and interoperability of an IPSec tunnel originating from an IPSec CPE device and is independent of any given access service/technology. The customer is responsible for providing the globallntemet access service required to connect to the IPSec Gatev,I3Y as well as any associated CPE and CPE management. Remote User - Service Tiers Service packaging is based upon a committed monthly remote user service tier. The remote user service tier defines a "per remote user rate" as well as any committed minimum monthly recurring charge. The Remote User Service excludes any underlying access/transport services. Version: 02/2006 Created On: May 22. 2007 Page 5 of 18 CCP.23176 g) Reporting and Customer Network Management (CNM) Interfaces The service includes online web-based CNM interface to address the following areas related to the customer's Network VPN service: 1) Netw",k Status & Performance (Service Level Agreements (SLAs) and Statistics Reports); 2) Trouble Ticket Submission; 3) Security Administration (For submitting Firewall rule base change requests); 4) Network VPN Client Download; 5) Remote User Management. h) Network Addressing BellSouth will assign IP addresses to all Network VPN connections out of a customer provided pool of lP address space. While Non~lntemet Routable, Private IP addresses are preferred, the customer may provide both Private and Public IP address space for use within the customer's VPN network. Additional design fees may apply when implementing Public IP addressing schemes. Remote users wilt be assigned a dynamic private IP address (non-Internet routable) when they logon to the Network VPN Remote User Service. These addresses are independent of the Internet addresses assigned as part of the remote users' underlying global Internet Connectivity. Thus, a user may have a dynamic or static Internet address, but they will always be assigned a dynamic private IP address for the Network VPN Remote User Service. 3) Service Activation and Billing Billing for individual service components will commence upon service activation. For Site-to-Site Service, billing may commence upon activation of at least two sites. For Remote User Service, billing may commence upon activation of at least one site and the associated AM services. 4) Disclaimer BellSouth provides the service "as is", without warranty of any kind, whether express or implied. BellSouth disclaims all implied warranties including implied warranties of marketability or fitness for a particular purpose. The Customer understands and agrees that, although characterized as "secure" and generally considered to be significantly more secure than standard Internet access methodologies, the service is not a guarantee against intrusions or other unauthorized use of or access to customer's network or systems. BellSouth will not be liable for indirect, special, incidental, exemplary, or consequential damages, or for any loss of profits resulting from the use of this service by the Customer or any third parties. In no event shall BellSouth's liability exceed a refund of the amounts actually paid to BellSouth for services provided pursuant to this agreement. The service is subject to the warranty and damages limitations and exclusions set forth in BellSouth's standard terms and c:onditions for the service. 5) Service Level Agreements The following Service Level Agreements ("SLAs") are made by BellSouth to customers who have ordered qualifying Managed Network VPN Service from BellSouth, for a minimum service term of one year or greater. The list of Qualifying Managed Network VPN Services varies by SLA metric and is detailed under each SLA Metric below. For the purposes of the SLAs, the term "Qualifying Site" means any site included in the Qualifying Service and the term "Qualifying Service" does not include any of the Services (or any applicable charges therefor) relating to any sites which are not Qualifying Sites. BellSouth intends to provide the Service such that it \Nill perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perform the Service such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BellSouth to provide the credits, if any, specified below. Network VPN servioe level agreements are broken down into five categories: installation, network availability, core performance, access circuit performance, and security services performance. For all SLA targets, service credits will not be available to Customer, in cases where SLA targets are missed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (iii) port utilization greater than 80%; (iv) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure (including war, riots, embargoes, strikes, or other concerted acts of workers, casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services); or (v) scheduled service maintenance, alteration, or implementation. Such credits \Nill be granted only if Customer affords BellSouth full and free access to Customer's equipment to perfonn necessary testing, troubleshooting or related activities. a) Installation SLAs Installation Date (1) "Installation Date" is the actual date that the Qualifying Services are made available to the Customer at a Qualifying Site. AU expedited installation requests do not qualify for this installation SLA. (2) The objective for the Installation Date is to be on or before the target date for 90% of all Qualifying Sites in any Customer Order (or to not miss the Installation Date for more than 1 Qualifying Site, if such Order encompasses less than 10 Qualifying Sites). The target date is the scheduled installation date committed to by BellSouth, as reflected on BeUSouth's service management records. For any Customer Order for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable by the Customer for any Qualifying Site for which the Installation Date was not met. (3) For the purposes of the Installation Date SLA, the term "Qualifying Site" applies to any site that is served via Frame Relay, Private Line, ATM, Metro Ethernet, BellSouth Integrated Solutions or DSL access transport, and for which BellSouth charges an installation fee. (4) The Internet Access with Firewall Feature includes a separate objective for Installation Date. The objective is for the Internet Access with Firewall Feature to be made available upon or before the target date. The target date is the scheduled installation date committed to by BellSouth, as reflected on BellSouth's service management records. For any Customer Order for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the Internet Access with Firewall Feature installation charges (if any) otherwise payable by the Customer. Version; 02/2006 Created On; May 22, 2007 Page 6 of 18 CCP-23176 b) Network Availabilitl' (1) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer. Network Availability is calculated as follows: Network Availability% = ((Total Minutes in the Month times the number of Qualifying Sites) - [sum of outage minutes for all Qualifying Sites]) *100)/(Total Minutes in the Month times the number of Qualifying Sites). "Outage minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer at each Qualifying Site, as determined by BellSouth in accordance with its standard procedures therefor in effect from time to time. "Outage minutes" shall not include any outages (i) occurring during scheduled maintenance activities; (ii) attributable to any act or omission of Customer; (iii) attributable to Customer's applications, equipment or facilities; (iv) resulting from reasons of Force Majeure (including war, riots, embargoes, strikes, or other concerted acts of workers, casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services) or other causes beyond the reasonable control of BellSCluth; or (v) lasting sixteen minutes or less. (2) The objective for Network Availability is 99.90% for S2S Network VPN Service, For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring Network VPN charges for the affected portions of the Qualifying Service (i.e., the portion(s) of the Qualifying Service directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during 'v\II1ich such Services are unavailable to the Customer (subject to the limitations set forth herein). Unavailability and credits will be prorated and paid in 15-minute increments. The credits payable for the Network Availability objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Qualifying Services. (3) For the purposes of the Network Availability SLA, the term "Qualifying Site" applies to any site that is served via Frame Relay, Private Line, ATM, Metro Ethernet, or BellSouth Integrated Solutions. (4) The Internet Access with Firewall Feature includes a separate objective for Network Availability that is 99.99%. For any month in which the objective is not met, Customer will receive a credit, wtlich may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring Network VPN charges for the Internet Access with Firewall Feature for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (subject to the limitations set forth herein). Unavailability and credits Vllill be prorated and paid in 15-minute increments. c) Core Performance (1) "MPLS Core" refers to the backbone portion of BellSouth's Managed Network VPN Service network. CE routers and Access Circuits are outside the CorE~ Network. The objectives for Core SLAs are as follows: In-Franchise & Out-of-Franchise "On-Net" S2S Services Measurement Best Effort Priority Business Interactive Real-Time Latency (roundtrip) <=55 ms <-50 ms <=50 ms <=45ms Jitter (roundtrip) NA NA NA <-2 ms Packet Delivery >=99.60% >-99.70% >=99.80% >=99.90% (2) For the purposes of MPLS Core SLAs, "Qualifying Service" applies to any site that is served via Frame Relay, Private Line, ATM, Metro Ethemet, BellSouth Integrated Solutions or DSL transport. Core Latencv (1) "Average Core Latency" is the monthly average round-trip latency of designated portions of the Network VPN Service MPLS core network, determined by measuring round-trip ping responses over such portions of the network as detennined by BellSouth. (2) For any month in which one or more Core Latency targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, wtlich may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurrinjl charges for the Qualifying Service at such site. Core Jitter (1) "Average Core Jitter" is the monthly average Jitter of designated portions of the Network VPN SeNice MPLS core network, determined by measuring the standard deviation of variation in Latency from packet to packet taken in five minute intervals over the course of the month. (2) For any month in which one or more Core Jitter targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, 'v\II1ich may be applied towards Customer's monthly invoice. equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Core Packet Dellverv (1) "Average Core Packet Delivery" is the monthly average round-trip packet delivery of designated portions of the Network VPN Service MPLS core netWlxk, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth. (2) For any month in which one or more Core Packet Delivery targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. d) Access Circuit Performance (1) "Access Circuit" refers to the transport connecting a CE router to the BellSouth PE router. Access Circuit performance SLA's are applicable only fclr the In-Franchise NetVPN service offering. The objectives for Access Circuit SLA's are as follolNS: Version: 02/2006 Created On: May 22, 200i' Page 7 of 18 CCP-23176 Access Circuit SLA Targets Targets by Class of Service (Regional Network VPN Service) Measurement Real-Time Latency (roundtrip) <=50mo Jitter (roundtrip) <=5ms Packet Delivery >=99.90% (2) For the purposes of Access Circuit SLAs, "Qualifying Site" applies to those sites that meet all of the following qualifying criteria: The site must subscribe to CoS Premium; The site must be an "on-net location" and have one of the following qualifying transport types: Frame Relay, Private Line, ATM, Metro Ethernet, or BellSouth Integrated Solutions; The site must subscribe to Port + Access + CPE packaging option; The minimum port speed must be greater than or equal to 76BK. (3) Access circuit SLA measurements are pelformed by means of probes configured between a test router and each customer premise router, and by SNMP measurements taken at the customer premise router (CPE) and at the provider edge (PE) router. Access Circuit SLA measurements are calculated by taking the average of the measured values over a calendar month, with the following exceptions: Any measurement during which time actual traffic being sent exceeds the contracted bandwidth amount for that site/queue and any measurements taken during scheduled maintenance windows shall not be used in calculating the monthly average for SLA purposes. Access Circuit Latencv (1) "Average Access Circuit Latency" is the monthly average round-trip latency from CE to PE averaged across all Qualifying Sites. (2) For any month in which one or more Access Circuit Latency targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Access Circuit Jitter (1) "Average Access Circuit Jitter" is the monthly average Jitter from CE to PE averaged across all Qualifying Sites. (2) For any month in which one or more Access Circuit Jitter targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Qualifying Service at such site. Access Circuit Packet Dellverv (1) "Average Access Circuit Packet Delivery" is the monthly average round-trip packet delivery from CE to PE averaged across all Qualifying Sites. (2) For any mcnth in which one or more Access Circuit Packet Delivery targets is not met for any Class(es) of Service applicable to Customer's Qualifying Service at any particular site, Customer will receive a credit, which may be applied towards Customer's monthly invoice. equa~ to 10% of the monthly recurring charges for the Qualifying Service at such site. e) Security services performance (these SLAs only applicable for Internet Access with Firewall Feature) Firewall Rule-base Chanae Imclementatlon (1) "Firewall Rule-base Change Implementation" SLA is based on the actual amount of time elapsed from the time BellSouth receives a Customer initiated firewall rule-base change request until implementation of that rule into production. This SLA is based on actual time of implementation, and not on the time that Customer was notified that the request was completed. This SLA is only available for rule-base change requests submitted by a valid Customer Security Contact in accordance with the Rule-base Change Request Submission Procedure. Customer is solely responsible for providing BellSouth accurate and current contaet information for Customer's designated points of contact. BellSouth will be relieved of its obligations under this SLA if BellSouth's Security Contact information for Customer is out of date or inaccurate due to Customer's action or omission. (2) The objective for Firewall Rule-base Change Implementation is to implement Customer rule-base change requests within the target interval 100% of the time. The target interval for Basic Firewall is within twelve (12) hours of receipt of a valid rule-base change request. The target interval for the Advanced Firewall Service Level is within four (4) hours of receipt of a valid rule-base change request. For any month in which the objective is not met, Customer will receive a credit for each instance, which may be applied towards Customer's monthly invoice, equal to 1/30 of the monthly recurring charges for the Internet Access with Firewall Feature. The credits payable for the Firewall Rule-base Change Implementation objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Intemet Access with Firewall Feature. Proactive Firewall Monitorina (1) Firewall Outage Notification" SLA is based on the actual amount of time elapsed from the time that an outage is determined by BellSouth to the time that the Customer is notified by BellSouth. Customer is solely responsible for providing BellSouth accurate and current contact information for Customer's designated points of contact. BellSouth will be relieved of its obligations under this SLA if BellSouth's Security Contact information for Customer is out of date or inaccurate due to Customer's action or omission. (2) The objective for Firewall Outage Notification is to notify the Customer within 15 minutes of the time that an outage is detennined. For any month in which the objective is not met, Customer will receive a credit for each instance. which may be applied towards Customer's monthly invoice, equal to 1/30 of the monthly recurring charges for the Internet Access with Firewall Feature. The credits payable for the Firewall Outage Notification objective missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Internet Access with Firewall Feature. 6) SLA Terms and Conditions Customers whose Service was established prior to 5/1/07 should anticipate receiving any applicable credit within 2 billing cycles atter the month in which the SLA objective was missed. Customers whose Service is established after 5/1/07 will need to call 1-800-317-3343 and select the appropriate option to request SLA payments, and should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA credit was requested. If a customer whose Service was established prior to 5/1/07 believes a credit should have been applied but was not, or a customer whose Service is established after 5/1/07 wishes to request a credit, such customer must request such credit within 120 days after the date of the report from Version: 02/2006 Created On: May 22, 20007 Page 8 of 18 CCP-23176 BellSouth giving notice that an SLA objective was missed. If Customer's request for a credit was in error, Customer may be charged for the costs associated with researching the credit request. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed fifty percent of the total monthly recurring charges for the Qualifying Services. The cumulative SLA credits granted in a month for a given site will not exceed 50% of the price paid for that individual site within a billing period. Version: 02/2006 Created On: May 22, 2007 Page 9 of 18 CCP-23176 @ SELLSOUTH Addendum to Master Contract for Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners BELLSOUTH BUSINESSSM MASTER AGREEMENT# FL03.F871.00 Quote # BBS070202154842 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inc. ("BeIlSouth") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this "Addendum"). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth Business Services Master Agreement, and all applicable acceptable use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. and will continue thereafter for the thirty-six (36) months unless terminated by either of the parties in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Service. If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s). 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Sections 12(a) or 12(b) of the Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthly charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equai to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in addition to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges. 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. 6. The term of each subsequent Order for the same type Service shall be co-terminous with the initial Order for the same type Service, unless otherwise provided for in such subsequent Order. 7. Metro Ethernet Customers purchasing the Network VPN Port Only option will be charged fees in accordance with BellSouth's lawfully filed tariffs (or generally available terms and conditions or commercial agreements, where applicable) for any upgrades to Customer's existing BellSouth Metro Ethernet services that may be required to support the proposed Network VPN Port Only services. Such upgrades may include some or all of the following charges as well as other charges, depending upon particular Customer circumstances: Version: 02/2006 Created On: May 22, 2001' ~fJt~ Page 10 of 18 CCP-23176 Customer Initials: Date: (";:2 O/{)7 I' 1) Increase of committed bandwidth (CBW); . 2) Upgrade from Metro Ethernet Basic Service to Metro Ethernet Premium Service; 3) Addition of the Q-Forwarding feature to support multiple virtual local area network (VLAN) identifiers over a single physical facitily; 4) Assignment of multiple VLAN identifiers. Charges for these upgrades will appear in the Customer's bill for the Metro Ethernet Services. 8. BellSouth acknowledges that customer is a governmental entity and is dependent upon budgetary funding to help pay for the Services being ordered by Customer under this Order. Provided that Customer has diligently and in good faith applied for, submitted all required forms and information, and performed all other duties and obligations required of Customer in connection with obtaining initial and continuing funding from the Customer budget with respect to the Services, BellSouth agrees that Customer may terminate the Services and this Order at any time upon at least thirty (30) days' prior written notice to BellSouth, without payment of any early termination charges that would otherwise be due, such waiving of termination fees will apply if (and only if) Customer does not obtain substitute Services from a competitor within one year of any denial of funding under the Customer's budget or the funding becomes depleted or is changed during the term of this Order such that funding is no longer available to Customer for the Services. Such waiver is also subject to any and all applicable tariffs or an approved CSA. 9. Public Records. Upon thirty (30) days prior written notice and during normal business hours the parties 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 Customer and BellSouth in conjunction with this Agreement; and the Customer shall have the right to unilaterally cancel this Agreement upon violation of this provision by BellSouth. 10. Billing Records. Upon thirty (30) days prior written notice and during normal business hours, BellSouth shall make its billing records and other records to substantiate the BellSouth charges available to the Customer during the contract and for three years after the contract termination. BellSouth shall make the aforementioned records, available once per year, unless due to cause or breach, in those cases BellSouth will make the records available as needed. Any audit shall be at the expense of the Customer. 11. Nondiscrimination. The parties 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. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicabie, relating to nondiscrimination. These include but are not limited to: 1) Titie VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in empioyment on the basis of race, color, religion, sex, and 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 Aicoholism 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 patent records; 8) Titie VIII of the Civil Rights Act of 1968 (42 USC SS 3601 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 SS 1201), as amended from time to time, relating to nondiscrimination in employment 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; and 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. 12. No Solicitation/Payment. BellSouth represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either dire~d~rectt W19~d conflict in Version: 02/2006 Page 11 of 18 ' / {'~M<" :J ;, Created On: May 22, 200"7 CCP-23176 Date: & / 0/ 7 I I any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. BellSouth and Customer each 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 vioiation of the provision, the Contractor agrees that the County 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. 13. Public Entity Crime Statement. 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 of 36 months from the date of being piaced on the convicted vendor list. 14. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BELLSOUTH CREDIT AND OTHER APPROVALS. FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. Version: 02/2006 Created On: May 22, 2007 Page 12 of 18 CCP-23176 ~)()~ Date: (,/:;1-0/07 I I Summary Managed Network VPN Components purchased: Site-to-Site locations: 2 Customer will pay to BellSouth all charges billed pursuant to the Contract. Charges are as set forth below. Charges Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integrai parts of Master Agreement FL03-F871-00 and are fully incorporated herein by this reference. I acknowledge that I have eceived a~d !~~ Managed Network VPN Service Description 'I'Yj/ {,/';. %7 Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners ~ BY:.~~ Name: Mario DiGennaro Title: Mayor/Chairperson Date: Go!':,). rJ/07 , Accepted by BellSouth Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. MONROE COUNTY ATTORNEY AP~OVED Af> TO 4:M: l'~U'0f4.L,Io../J. ' JIj - C NTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date_ 15 L. . d-- "J - ;;ZOo+- Witnesses BY:~-du Name: t%uP,t'UJr77f /~L Title: ~/,ll!Aa r ~/L Date: --5 -.:Eo - C7 / ~. '. ,;OlHAGE ClER~ -_aLJ... (J . f\. J:oIf_.. f: . o;.:,.~ By: /ltf ,ilIA ( Name: ;,lk2~ t~//~~; TItle: 12 ,cf ( $, hl f- Date: 5'-'"b - 01 ' Version: 02/2006 Created On: May 22, 2007 ~ir~ Page 13 of 18 CCP-23176 Customer Initials: Date: ~/;2.0A>7 / Managed Network VPN I Install Charge I Monthly Charge Charges for Site-to-Site Location # 1 Site Name: Monroe County BOCC Host Site Address: 1200 Truman Avenue 2nd Floor Key West FL 33040- Service Package: S2S .On-Net" Metro Ethernet Port Only $0.00 $770.00 Port Speed: 2 Mbps Subtotal: $0.00 $770.00 Solution Details Managed Network VPN Install Charge I Monthly Charge Charges for Site-to-Site Location # 2 Site Name: 25 Ships Way Site Address: 25 Ships Way Big Pine Key FL 33040- Service Package: S2S .On-Net" Private IP DSL Port + Access $0.00 $149.95 Port Speed: 3 M x 384 K (Best Effort) Subtotal: $0.00 $149.95 Version: 02/2006 Created On: May 22. 2007 Page 14 of 18 CCP-23176 ~){f~ Customer Initials: ~ Date: U /. 0/07 , @ BELLSOUTH BellSouth Managed Network VPN Service: Installation Requirements In This Document: Customer Requirements.......................................................................... 16 BellSouth Requirements .......................................................................... 17 Purpose The purpose of this document is to provide you with necessary information regarding your upcoming installation. Sign-off is required at the end of this document to indicate that you have received and read the Network VPN Instal/ation Requirements document provided as part of the order package. Our goal is to have sites turned up for service as quickly as possible. Our target interval is 15 business days once the order has been accepted by Bel/South. Note: This interval does not apply to orders above single T1 speed, or if facilities build-out is required. Task Overview To meet this aggressive timeline, several key tasks must be completed. The list of activities include: Order submitted and accepted Kickoff meeting (Customer Requirements) Customer Responsibilities for Instal/ation (Customer Instal/ation Requirements) Additional Customer Responsibilities for CoS (Customer Requirements) Bel/South Responsibilities for Instal/ation (Bel/South Requirements) Service Activation Version: 04/2005 Created On: May 22, 2007 Page 15 of 18 CCP.23176 Customer Requirements Kickoff Meeting Once your order has been submitted and accepted, the next step in the installation process is a mandatory Kickoff meeting. The Kickoff meeting will provide you the opportunity to review your solution design and order with the BellSouth engineering and provisioning resources that will activate your Network VPN Service. Required Customer Technical Information To prepare for the Kickoff meeting and to ensure a timely installation, you must compile the following information for BellSouth's engineering team to review at the Kickoff meeting. Required information may vary slightly based upon packaging option(s) purchased (see Additional Notes below). Note: If BellSouth does not receive the required technical information at the Kickoff meeting, BellSouth will not be able to complete installation and the installation date will be extended or placed on hold. Item Description Additional Notes 1 Contiguous block of IP Addresses Private IP Addresses preferred (Amount of address space depends on the number of Site-to-Site locations and Remote Users, but will be at least a /21 CIDR block or 8 contiguous /24's.) 2 AS (Autonomous System) number If available 3 Registered Domain Name Used to establish unique login/authentication for DSL sites 4 LAN IP Sub net information 5 Primary and Secondary DNS server For Customers with Remote Users IP Address 6 User ID/Password preference for DSL Not required for sites with Sites Port+Access+CPE option 7 Router brand and modei for each Not required for Port+Access+CPE Site-to-Site location option 8 Telephone number(s) to be used for Required for sites with Out-Of-Band management Port+Access+CPE option or eMRS Version: 04/2005 Created On: May 22. 2007 Page 16 of 18 CCP-23176 Customer Installation Requirements Below is a quick checklist of customer responsibilities for installation of the Network VPN service you ordered. Please review the items below and talk with your Service Activation Manager about anything that is unclear or may present a problem. Note: The Network VPN installation DOES NOT include configuring other equipment on your site, such as servers, PCs, PBXs, customer-owned network firewall, or integrating your Network VPN with your existing Internet connections. If you are unsure of how to configure your router or LAN, you must obtain a resource for these tasks. Your BellSouth Account Representative can provide you with choices for qualified Professional Services to assist you. For Sites where CPE is provided, For Sites where CPE is provided, configured, and managed staged, and configured BY THE CUSTOMER BY BELLSOUTH Customer will: Customer will provide the following: Perform staging, physical installation and on- Live, analog POTS telephone line, as going maintenance and support of your necessary, for out-of-band access and equipment management of each BellSouth-provided Complete any router or network configurations router. needed to support the following: Necessary access to facilities in order to Encapsulation of non TCP/IP protocols (e.g. OR install the CPE on-site. IPX. SNA) Reasonable physical security for all Integration with existing I nternet connectivity BellSouth-provided CPE. solutions Note: Routers should be configured and ready for operation 24-48 hours prior to the targeted installation date and time. If necessary, for Site-to-Site locations, please have a knowledgeable resource on-site that can physically configure the router. If you are going to miss your scheduled installation, you must notify your Service Activation Manager at least 24 hours in advance to reschedule. BellSouth Requirements BellSouth Requirements The following table outlines BellSouth's responsibilities and requirements: If... Then... Router is being provided, staged and You will be contacted by the Service configured BY BELLSOUTH Activation Manager to confirm readiness 48 hours prior to the agreed-upon installation date. Version: 04/2005 Created On: May 22.2007 Page 17 of 18 CCP-23176 Router is provided, configured, and managed BY CUSTOMER BellSouth will contact you prior to your installation date to provide you with the following Network VPN parameters needed to configure the router to communicate with BellSouth's Network VPN core equipment: . IP Address . Network Address . DSL Login Information On the agreed-upon activation date and time, a BellSouth Network Engineer will contact you, or your designated site technical contact, to test the VPN connection from your router to the BellSouth VPN core equipment. Service Activation A site will be considered operationai if the Network Engineer can successfully ping your router from the BellSouth Network VPN core router. If you have other sites activated, they may also test interconnectivity between your sites. Billing Billing will commence within 2 business days after service activation. For Site-to-Site Service, billing may commence upon activation of at least two sites. Customer Acknowledgement Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners 1200 Truman A venue Key West, FL 33040 I have received and read the Network VPN Installation Requirements document 1~~7tf~oftheo~derpaCkage. cp/:l 0/07 Customer Initials Date Version: 04/2005 Created On: May 22, 2007 Page 18 of 18 CCP-23176 @ BELLSOUTH Bel/South Dedicated Internet Access Service Description Dedicated Internet Access (DIA) is an essential tool for businesses to compete in loday's information technology marketplaces. DIA is well suited for handling on-line mission critical tasks. DIA enables a customer, over the Internet, to sell products and services, communicate with customers and suppliers, markl3t to new prospects, and conduct research on competitors. BellSouth DIA Service provides highly reliable Internet connectivity for business customers. Full suites of standard and optional features, as well as a range of connection speeds, (128kbps - 622mbps) are available. Connectivity is achieved through router-based access to a BellSouth Managed Facility (BMF) with connections to the global Internet through the BellSouth RegionallP backbone. BellSouth DIA service can be accessed using one or more of BellSouth's fast packet or other networks, including Frame Rela~rivat~ne, ATM, Metro Ethernet and SONET ring topologies. ~. 0 :3 r= g >:: c- p, ::-.IO?; c: (:J C.J r-....; r- _., "1_,-' 1 .:.., ~\ c- .c')' UJ :.,) 1) Service Components DIA components: a. b. c. d. Customer Prem ises Equipment (CPE) Transport service BellSouth Managed Facilities (BMF) BellSouth RegionallP Backbone ("BRIB") and global Internet connections -0 ::; :;.-J -., 1"'. :;., (....... \"-1 - ,- ~:~ "J -'0 ~::.:J c..n N OIA Service Logical Architecture Customer Premises Equipment a. Customer Premi~ses Equipment The Customer Premises Equipment is the router located at the customer location. The customer will provide the Customer Premises Equipment in the Port+Access and Port Only service options, while BellSouth's OIA service will include the router in Port+Access+CPE Service options. Customer Provided Router If the customer provides the router, BellSouth will assist the customer in configuring the equipment to communicate with the BMF. BellSouth Business Internet Services support includes providing IP addresses. Additional support will be addressed on an as-needed basis. Billing is initiated within 24 hours of service activation. Under the customer provided CPE scenario (Port+Access or Port Only service options), all monitoring, management, troubleshooting, repair and/or replacement of the customer premises equipment will be the customer's responsibility. BellSouth DIA provided router When BellSouth's DIA service includes the router, the router choice is generally based on transport service type and speed of connection. The routers will be configured for static routing. BellSouth will retain ownership of and is responsible for all installation, configuration, monitoring, management, troubleshooting, repair, and replacement of the equipment. However, the customer is responsible for safeguarding the equipment against theft and damage, and must provide a suitable environment for the operation of the router. In addition, the customer is encouraged to provide out of band (OOB) access to the router. This OOB access must be dedicated for use in accessing the customer premise router from the BeUSouth Network Operations Center to aid in expeditious troubleshc'oting and resolution, and to minimize unneeded router replacements. b. DIA Transport The OIA service supports access via the following transport services: . Frame Relay . Private Une . ATM Version: 08/2005 Created On: May 4. 2007 Page 1 of 16 CCP-23741 . Metro Ethernet Premium Service . BeIlSouth@SMARTRing@servicewith frame relay or with private line (SONET)', excluding Port Oniy Service Options * SMARTRing@service must already be installed before DIA service can be activated. The transport sl~rvice may be provided as part of the DIA service or obtained separately by the customer. Please see the sections below on specific service transport descriptions. BellSouth CIA-Provided Transport (Port+Access+CPE, and Port+Access Service Options) When BellSouth's DIA service includes the transport from the BMF to the Customer premises, BellSouth will be responsible for completing the following functions tl) ensure proper implementation of the dedicated services: . For Private Line" order circuit from customer premise to the BMF. . For Frame Relc:lY, order end-to-end Pennanent Virtual Circuit (PVC), customer premise-to-BMF. (BeIlSouth's DIA service will place the order for the customer's end of the PVC on the customer's behalf and the customer will be billed the applicable tariffed charges for that PVC service on its regulated phone bill). . For Metro Ethernet, order Metro Ethernet circuit from customer premise to the BMF. . For SMARTRin!iID service, the customer must already have the SMARTRing@ service installed. BellSouth's OIA service will order ~channel on" to the Custcmer's SMARTRing@service using a Shared Network Arrangement (SNA) andlor a Private Une Connecting Agreement. . Configure BMF tenninating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the circuit . Maintain and tmubleshoot all Telco-related connectivity issues . Assign IP addresses for the hosts at the customer premise Customer-provided Transport (Port Only Service Option) In the case of Customer-provided transport, the customer is responsible for the transport to the BMF. All dedicated, point-ta-point transport services used by thE! customer to provide access to the DIA service are provided via the FCC jurisdiction tariffs. BellSouth will be responsible for completing the following functions to ensure proper implementation of the dedicated connection service: . Configure BMF tenninating equipment and router . Assign BMF port IDs to the customer . Monitor and manage the Port Only . Maintain and troubleshoot all Port Only-related issues . Assign IP addresses for the hosts at the customer premise The customer will be responsible for calling their transport provider to resolve any local loop problems. c, BellSouth Managed Facility (BMF) The BMF contains a large infrastructure of IP-based data networking equipment usually located in a BellSouth Central Office (CO). There is a BMF in every LATA throughout the current BellSouth nine state service area. d. "Service" shall mean the service(s) as identified and set forth in this Service Description. BellSouth reserves the right at any time during the tenn of customer's Agreement for the Service to modify the Service and/or to migrate customers to any comparable service BellSouth or another AT&T affiliate may have at that time. If BellSouth chooses to migrate the customer, BeHSouth will provide the customer with prior written (emaH) notice to that effect. In the unlikely event that any such migration would have a material adverse effect on the customer's ability to use the Service, and BellSouth or another AT&T affiliate cannot correct or remove such adverse effect, the customer will be pennitted to tenninate its Agreement for the Service without payment of any early tennination charges that would otherwise be applicable on account of such termination. 2) Network Architec:ture BellSouth Regionallntemet Backbone (BRIB) BRIB is the regional backbone that connects DIA customers to other BMFs and DIA customer locations within the BeUSouth region, as well as to the global Internet. The BRIB design offers multiple redundancy points in the network; redundancy is provisioned between BMF's and in connectivity of the BHIB to multiple Internet backbone providers. 3) Service Options . Port + Access + CPE Service Option . Port + Access S~~rvice Option . Port Only Service Option Port + Access + CPE Service Ootion BellSouth's OrA service will include the customer premises router, the local loop transport, the port in the BMF, and connectivity to the BRIB and the global Internet. Port + AcCE~ss Service Oction Version: 08/2005 Created On: May 4, 2007 Page 2 of 16 CCP-23741 BellSouth's DIP, Service will include the local loop transport, the port In the BMF, and the connectivity to the BRIB and the globallntemet. The customer 'Will provide their own customer premises router. Detailed specifications for DIA using Metro Ethernet are found in the Metro Ethernet DIA sHction in Section 6. Port Only Service Ootion BellSouth's DJA service will include the port in the BMF, and the connectivity to the BRIB and the global Internet. The customer will provide their own customer premises router, and will provide the local loop transport connectivity to the BMF. Detailed specifications for OIA using Metro Ethernet are found in the Metro Ethernet OIA section in Section 6. Demarcation Points The line of demarcation is as follows: Port + Access + CPE Service Option: LAN interface on CPE Port+Access Option: If < or = OS 1 it is the Smart Jack If> DS1 and < 50M, or MetraE DIA 10M, 20M, or 50M (electrical), it is the Transmit /Receive Coax cable jack If> FI-actional OC3, or MetroE DIA 10M, 20M, 50M (optical), or MetroE DIA 100M, 250M or 500M, it is the "pair of fibers" 4) Billing Options Dedicated Internet Access (DIA) customers have a choice of billing methodologies. Tiered and Flat Rate monthly recurring charge billing plans are available for most Service Types and most Access Methods. With the Burstable plan, a customer whose Access Method is Private Line may choose to be billed either a tieredlflat rate monthly recurring fee or to be billed a variable amount based upon usage. ATM DIA is burstable billing only. MetraE DIA is only available in Tiered/Flat Rate billlng only. a. Usage Determination for Burstable To calculate a customer's usage for a billing period, BellSouth will poll the BMF router where the customer's service is terminated, taking measurements evelY 5 minutes for both inbound and outbound traffic, retaining the higher number for each 5-minute interval. These measurements, collected for a billing period, will then be ordered from high to low, the top 5 percent of measures will be eliminated and the next highest number (95th percentile) will become the usage number to be multiplied by a per megabit price. The price per megabit will be based on: . 95th Percentile of usage . Contract Term . Service Type . Access Method If any port connecticln is placed in or removed from service during a monthly invoice period, the 95th percentile result for such port shall be pro- rated for the number of days which such port was in service. The Burstable prod'uct is only available using Private Line or ATM as the transport (DS1-0C12) 5) OIA Service Bandwidths 128 kbps X 256 kbps X 384 kbps X 512 kbps X 768 kbps X 1024 kbps X 0511536 kbps X X X 2 mbps X' 3 mbps X X' 4 mbps X' 6 mbps X X' 8 mbps X' 9 mbps X X' 10 mbps X' 12 mbps X X' 15 mbps X X' 18 mbps X' 20 mbps X' 21 mbps X X' 24 mbps X' 27 mbps X' 30 mbps X' 33 mbps X X' Version: 08/2005 Created On: May 4, 2007 Page 3 of 16 CCP.23741 36 mbps X' 39 mbps X' 50 mbps X' DS3 45 mbps X X' X 100 mbps X' 250 mbps X' 500 mbps X' 900 mbps X' Fractional X' OC3 speeds OC3 X' Fractional X' OC12 speeds OC12 X' MLFR (3M bps) X MLFR (6Mbps) X MLFR (9Mbps) X *Not available in all areas ""'9M MLFR will be discontinued for new sales after 4/1/07 NOTE: Availability may vary based on service option selected. 6) Service Access Transports Frame Relay Access for DIA The Frame Relay access method for OrA is designed to meet customer requirements for Internet connectivity with 081, 053, Fractional DS1, and Fractional 053. Port Only, Port+Access (Customer Provided Equipment), and Port+Access+CPE service options are available. Frame Relay service provides a dlKficated port connected to a PVC from the customer premises over the BeflSouth Frame Relay network. to the BMF. Frame Relay Port Only is required to be full Committed Information Rate (CIR). Customers purchasing Port+Access and Port Only Service Options for Frame Relay DS3 and Fractional Frame Relay DS3 must provide Kentrox emulation on customer owned CPE. The Kentrox emulation provides for the "choking" of the 45M when less bandwidth is required (Le., 6M, 9M, 12M). SMARTRing@ service Customers can provision Frame Relay OIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ servi",. The SMARTRing@ service requires a Shared Network Agreement (SNA). The customer must sign SMARTRing SNA and a PLCA if the SMARTRing is from the state tariff, to allow the DIA service to be mapped across the ring. The OIA otter does not include or provide the SMARTRing@ service itself. The use of SMARTRing@ interfaces replaces a portion of the local loop nonnally associated with the OIA Port+Access+CPE and Port+Access offers. Availability Frame Relay access to OIA service is available inaU tier I and II BMF's. Frame Relay OIA can be ordered using tiered/flat rate billing. For Frame Relay DIA services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. Multi-Link Frame Relay DIA (MLFR) MLFR DIA is designEid for customers who are not served with fiber access facilities (and therefore cannot receive a OS3 circuit) yet their Internet bandwidth requirements exceed that of a single OS1 circuit. The service provides the customer with a dedicated connection to the Internet in multiple DS1 (1.536 Mbps) increments (3M, 6M and 9M). MLFR Dedicated Internet Access is available IMth the Port+Access+CPE Service Option and Port +Access+CPE over SMARTRing only. 9M MLFR will not be offered for sale after 4/1/2007. Availability MLFR OIA can be ordered using tiered/flat rate billing. Private Line DIA Private Line OIA service gives business customers a full.time dedicated connection from their customer premise to the Internet. The customer is connected to the nearest BenSouth Managed Facility (BMF) directly with a private local loop circuit. Port+Access+CPE, Port+Access+CPE over SMARTRing, Port+Access, Port+Access over SMARTRing, and Port Only service options are available with Private Line DIA. Unlike Frame Relay, the Private Une access price is based on mileage from the customer's premise to the BMF. SMARTRing@ serviCE~ Customers are able to provision Private Une OIA (either Port+Access+CPE or Port+Access Service options) over their existing SMARTRing@ service. The SMARTRing@ service requires a Shared Network Agreement (SNA). The customer must sign the SMARTRingSNA, anel a PLCA if the SMARTRing is from the state tariff, to allow BST ISP to purchase intertaces on the ring for the DIA service to Version: 08i2005 Created On: May 4, 2007 Page 4 of 16 CCP-23741 ride. This DIA offer does not include or provide the SMARTRing@ service itself. The use of SMARTRing@ inteliaces replaces a portion of the local loop normally associ,3ted with the DIA Port+Access+CPE and Port+Access offers Availability Private Line service is available in most BMF's. Private line can be ordered using either the flat rate or burstable billing method. For Private Line DIA. services equal to and above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. Metro Ethernet DIA (MetroE DIA) This service will enable customers to connect to the Internet at various Metro Ethernet speeds. MetroE DIA is available as Port+Access+CPE, Port+Access and Po:rt Only service options. When DIA is used with Metro Ethernet Premium service, packets originating from a particular Customer are identified by use of a Virtual Local Area Network number (VLAN Tag) that is assigned by BellSouth when the service is provisioned. The VLAN tag is embedded in each ethernet packet received from the Customer and serves to identify the source of the packet to BellSouth. The requirement to identify MetroE DIA Customers by VLAN Tag requires that the data transport service connecting to the BMF conform to the following requirements: 1. The BellSouth Metro Ethernet Service ordered from BellSouth must be Metro Ethernet Premium service equipped with Q-Forwarding. Q- Forwarding is an optional Metro Ethernet Premium feature that adds support for VLAN tagging to the BellSouth standard Metro Ethernet Premium service. 2. If a Customer already uses a BellSouth Metro Ethernet service that does not include VLAN tagging, (I.e. BellSouth Basic Metro Ethernet service), and one or more of the existing locations desire to add DIA services, then all locations served by that service must be upgraded to the Metro Ethernet Premium service. 3. The CPE equipment effecting the ethernet connection at the Customer Premises to the BellSouth Metro Ethernet service must support VLAN tagging via the 802.1Q protocol. (e.g. a Cisco 2821 router or equivalent). When a Port+Access of Port Only configuration is ordered, the Customer must provide compatible CPE and configure it according to the VLAN tags that will be assigned by BellSouth during the ME QIA provisioning process. Customers providing their own Metro Ethernet transport to the Port Only Service option must purchase rate elements for Premium Fixed Metro Ethernet speeds 10M, 20M, 50M, 100M, 250M, or 500M, plus any additional mileage charges required to connect the customer premise to the closest equipped Metro Ethernet switch Central Office. Customer provided routers must be VLAN~tagging capable for Metro Ethernet DIA service. All dedicated, point-to-point transport services used to provide access to the DIA service are provided via the FCC jurisdiction tariffs. Availability A Service Availabilily Check (SAC) will be conducted during the pre-sales process to determine if/when facilities are/will be available within the target BMF. A SAC is required for all MetroE DIA orders. Metro Ethernet OIA Service can be ordered using either tiered/flat rate billing. Burstable billing is not available at this time. Asynchronous Transfer Mode (A TM) DIA Asynchronous Transfer Mode (ATM) access method for DIA is designed to meet the requirements for Internet connectivity for customers who have existing ATM networl<s. The Port+Access+CPE and Port+Access options are not available for ATM DIA; the customer must obtain their own ATM circuit separately, and BellSouth's D1A service will map an ATM Port Only across that circuit. ATM is only available v...ith Burstable billing. These services require an existing ATM connection from the customer premise over the BellSouth A TM network to the BMF. Availability ATM DIA is availabh3 in many BMF's, but must be checked before service order. For ATM DIA services equal to or above 12Mbps, a Service Availability Check (SAC) will be conducted during the pre~sales process to determine if/when facilities are/will be available within the target BMF. DIA Service Ac;cess Suitability Examples Access Best Suited For Frame Relay . File transfers . Connectivity for lANs, WANs, web servers, email servers . Companies looking for scalability . Bursty Data applications Private Line . File transfers where high security is needed . Web servers connectivity with high multi-media content ATM . Customers with existing ATM networks Metro Et:hernet . Large file transfers . Distance learning 7) DIA Diversity Solutions To better serve some customers' needs, Dedicated Internet Access (DIA) customers may now purchase a Diversity Solution Product to enhance diversity (redundanq{) at specific assignments and attributes for their Internet access. Diverse Solutions are designed for customers who have a need for continuous / fault tolerant Internet Access. While Diversity Solutions will increase the likelihood of non-interrupted Internet Access, this product cannot guarantee continuous and non-interrupted 100% Internet Access Version: 08/2005 Created On; May 4. 2007 Page 5 of 16 CCP-23741 availability. Diversity Solutions are designed to provide customers with a Primary Access Solution to the Internet that will automatically fail-over to a Secondary Access Solution to the Internet should a trouble on the Primary Service interrupt the customer's connectivity. aj Diversity Options BellSouth Router Diversity Solution provides the customer two distinct DIA circuits achieving Internet connectivity through access to (1) a router in a BMF (BellSouth Managed Facility) in case of the Primary Circuit, and (2) a different router in the same BMF in the case of the Secondary Circuit. Traffic will be routecl / managed based on weighted static routes to the same BMF on the Diverse Routers. With this option, there will only be one router located at the customer premise, but the circuit will connect in thru diverse routers at the BMF. BeUSouth Router Diversity Solution provides one router at the customer's location, if purchased in the Port+Access+CPE service type. The customer may provide a second router. Route-r Primary' ROijt~r Cu$lomer 6MF RoutM St)COnd~ry Router Service Types The customer's primary circuit and secondary circuit have to be the same DIA Service Type. It means that both circuits will have to be Port+Access+CPE, l:Jort+Access or Port Only Service Type. Service Speeds The customer's primary circuit and secondary circuit do not have to be the same size; however, it is recommended that the secondary circuit be at least one half the si2:e of the primary circuit. The customer should size the secondary (fail over) circuit so that the secondary circuit is able to send 1 receive all critical traffic in the event the primary service is down. The Secondary Circuit, in all cases, must be less than or equal to the Primary Circuit. Service Transport It is recommended that the customer choose different access types (e.g., Frame Relay and Private Line), rather than both the same access types, to improve the level of diversity from the customer premises to the BMF. Service Level Agreements There is no change to SLAs and Service Level Credits for the following SLAs: . Network Availability - target 100% for Primary Service and 100% for Secondary Service . Backbone Latency - target 55ms for Primary Service and 55ms for Secondary Service . Packet Loss - target .5% for the Primary Service and .5% for the Secondary Service Customers will be evaluated for SLA qualified events on the Primary Service and SLA qualified events on the Secondary Service. SLA Credits will be calculated on ea(~ service, Primary Service and 1 or the Secondary Service and on the billed amount for each service for the month in which the SLA Credit was Hamed, whether derived by flat or usage billing. The Installation Guarantee SLA will be modified as follows: The identified installation interval for the Primary Service and the Secondary Service will be compared, and the longest installation interval will be used to qualify a cw;tomer to receive an Installation SLA. If BellSouth has caused the installation date for the longest installation interval to be missed, and the customer has been charged an installation fee, 100% of the installation fee will be refunded. 8) Features IP Addresses The customer can obtain IP addresses from BellSouth or can obtain their own IP addresses from ARIN. The customer may also bring IP addresses previously used from another service provider's IP address space with the written pennission of that provider. .Although not recommended, a customer may be able to obtain up to 16 Class C IP address from BellSouth. BellSouth requires the customer to have immediate need for 80% of the addresses requested, and they must be able to justify use of 80% of the addresses at all times. The customer's initial request for addresses occurs during the ordering process. To request additional addresses, the customer should contact the BellSouth Business Internet Services Management group, who will gather infonnation and evaluate the request. Adequate utilization of any addresses already issued must be documented before additional addresses will be released. Additional details about IP Addressing can be found at the ARIN web site: http://www.arin.netl Domain Name Regintration Version: 08/2005 Created On: May 4, 2007 Page 6 of 16 CCP-23741 BeUSouth offers OIA customers the option of either registering their new domain name directly with InterNIC, or having BellSouth register the domain name for them. BellSouth will register up to three new, single domain names as part of the DIA service for new customers during the installation process. Domain Name Service (DNS) Primary DNS servicle is an optional offering to OIA customers where alphanumeric domain names are mapped to IP addresses, for ease of use for navigating web sites. Secondary DNS mirrors the information located on the primary DNS server, and acts as a backup source of addresses in the event the primary server is unreachab~e WebS tat. Web Stats is a Web based customer network reporting feature that allows customer to monitor their historical network usage statistics online. This provides an excellent opportunity for customers to visualize the usage and performance of their Internet connection. Web Stats are offered as part of the standard service for all Frame Relay, Frame Relay MLFR, Metro Ethernet, and Private Line DIA customers. Customers can access statistical information regarding their Internet connection. Network samples are taken every five to fifteen minutes by the network statistics system and rolled up each night to create daily, weekly and monthly reports. These reports are then hosted on a web site (htto://webstats.BeIlSouth.neUmns/) for the customer to view. Intelligent PVC (IPVC) Intelligent PVCs arE! Frame Relay PVCs that continuously monitor the customer network primary links. If the connectivity from the BellSouth network to the BMF's primary router fails, the PVC will detect the failure. Within 6 to 60 seconds, the Intelligent PVC will detect the outage and automatically reroute service to the secondary router. Once the primary router starts working again, the Intelligent PVC will automatically reroute traffic back to the primary router. The Intelligent PVC Optional Feature does not guarantee 100% Internet availability to the customer. Intelligent PVC, optional feature, 'Nil! benefit customers by: . Provides the customer with BMF router diversity for Internet access . Eliminates added expense of provisioning two local access loops . Provides more uptime without a disruption of service Network Address Translation (NAT) NAT, an optional feature for DIA Port+Access+CPE Services except Port+Access+CPE Diverse Solutions, enables a customer's private network (non-registered IP addresses) to translate into public address space and connect to the Internet. NAT tables are defined within the Customer's Premises Router. NAT benefits customers by: . Providing some additional security by limiting internal address exposure to the global Internet (specifically, user PCs 'Nill not be reachable inbound from thl3lnternet, only statically NATed hosts will be reachable from the Internet). . Allowing for addressing efficiencies and, . Conserving IP addresses Two NA T Models am offered: . Static Address Translation - Customer may establish a many-to-one mapping between local and global address, or Customer may configure Static address translations to the port level, using remaining IP addresses for other translations. In this scenario, only the customer's Hosts are mapped and "reachable" from the Internet; the Hosts then communicate 'Nith the customer's internal network (PCs). . Port Address Translation (PAT) - (also known as "overload") Customer may map several internal addresses to one. When using PAT, traffic will attempt to engage the original source port; if the source port is fully utilized, PAT 'Nil! cause the traffic to find the first available port. (same as above) Customers 'Nill be limited to the number of IP address on their LAN 'Nith NAT translation to a /24 block (254 usable addresses). A customer may request additionallP addresses 'Nith NAT translation. Note: The Network Address Translation feature is not supported for DIA Diversity Solutions. Cisco 10S NAT cannot be used with Hot Standby Routing Protocol (HSRP). In DlA Diversity Solutions, HSRP is used in the Customer Premises Equipment (CPE) to allow a fail-over to the secondary CPE routE!r in the event the primary router fails. Packet Filtering With Packet Filterin!~, BellSouth provides an optional router filter service to all DIA customers. These router filters are configured on the termination router and are generally used to help prevent unwanted traffic from entering or leaving the customer's private netvvtJrk. DIA 105 Firewall Dedicated Internet Access Firewall Service (DIA Firewall) is a security-specific offer providing new and existing "Port+Access+CPE" DIA Service customers an option to outsource managed security services for network protection and defense against attacks. Security is enabled through an advanced firewall engine with state-of-the-art security features including packet inspection, application-based filtering (context-based access control), per user authentication and authorization, and real-time alerts. For Port+Access DIA customers, the DlA Firewall service is provided through the installation of a certified firewall platform at the customer's premise(s) with remote configuration, management, monitoring, and maintenance from BeillSouth's Security Operations Center (SOC). DIA Firewall includes: Version: 08/2005 Created On: May 4, 2007 Page 7 of 16 CCP.23741 . Provisioning of a certified firewall platform . Installation and configuration (remote) of the firewall platfonn . 24X7 management and monitoring . Firewall administration and maintenance . 24X7 help desk. support . Outbound, Inbound/Outbound, or Inbound/Outbound with DMZ directional traffic protection . Implementation of firewall rules.base changes (per level of service) requested by customer There are three DIA Firewall levels of service available to customers. 1. Basic Firewall a. Internet protection b. Supports Fractional T1 up to DS3 access speeds c. Choice of 0, 1, 2, 3, 4, or 5 rule-base change requests per year 2. Advanced Firewall a. Bi-Directional protection b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3,6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below Irepresents the conceptual overview for Basic and Advanced DIA Firewall: L Customer Premises Equipment 3. Premium Firewall a. Bi-Directional protection, with DMZ b. Supports Fractional T1 up to DS3 access speeds c. Choice of 3, 6, 9, 12, 15, or 25 rule-base change requests per year (customer rule-base change requests greater than 25 requires an SRF) d. Choice of up to 10 IP Addresses assigned for hosted servers per year (customer requests for IP Addresses greater than 10 requires an SRF) The diagram below represents the conceptual overview for Premium DIA Firewall with DMZ: ,/'................." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... L Customer Premises Equipment Cisco IOS Firewall DIA 10S Firewall will follow the same Customer Support processes defined for DIA. The Welcome letter sent to each customer provides additional details about DIA 10S Monitoring and Management 10) Professional SeNices Version: 08/2005 Created On: May 4, 2007 Page 8 of 16 CCP-23741 1. Additional Fees. From time to time, customers may request services that are beyond the scope of the standard service offering. These services ran~le from, but are not limited to, service expedites, non~business hour installs (Le. Saturday, Sunday, holiday or evenings from 5:00 P.M. to 8:30 A,M. the next day), LANmAN design and troubleshooting, application troubleshooting, router configuration services etc. When feasible, BeUSouth may assist the customer in fulfilling these requests on a fee for service arrangement in accordance with our standard Professional ServiCE~ Fees. BellSouth's hourly billing rates for Professional Services range between $125 and $250 per hour depending on the type and scope of work. The customer may also be required to pay additional fees to cover the amount of additional costs incurred by BeUSouth resulting from the customer's special requests. Such costs may include, but are not limited to, equipment and expedited shipping charges. 2. Charaes. If charges apply for additional services requested by the customer, they will be disclosed to the customer via verbal or written notification prior to performing any work. As necessary, a statement of work may also be provided defining the services and deliverables to the customer. 11) Service Level Agreements (SLAs) 1. General. BellSouth intends to provide its services such that the Services will perform in a manner consistent with the objectives set forth in this document. If BellSouth fails to perform its services such that any of the following SLAs are not met, the sole obligation of BellSouth and the Customer's sole remedies shall be for BellSouth to use commercially reasonable efforts to effectuate a repair of the Services and for BelfSouth to provide the credits, if any, specified below. 2. Network Availabilitv. (a) "Network Availability" is the percentage of total minutes during a calendar month that the Services are available to the Customer. Network Availability is calculated as follows: Network Availability = [(Minutes in a month) - (Total outaae minutes)1 (Minutes in a month) The Services shall be deemed to be "unavailable" wflenever an outage is recorded on a BellSouth trouble ticket classified as "major" or "critical" by BellSouth's Network Operations Center which results in Customer not having the ability to transmit or receive packets by means of the Services, and "Total Outage Minutes" shall be deemed to be the length of time during which the Services are unavailable to the Customer, as reflected on such trouble tickets. "Total outage minutes" shall not include any outages (i) occurring during scheduled maintenance activities; (ii) attributable to any act or omission ()f Customer; (iii) attributable to Customer's applications, equipment or facilities; (iv) resulting from reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (iv) lasting ten minutes or less. (b) The objective for Network Availability is 100%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's subsequent monthly invoice(s), equal to 1/30th of the monthly recurring charges for the affected Services (i.e., the portion(s) of the Services directly made unavailable as a result of the outage(s) in question) for each cumulative hour or portion thereof during which such Services are unavailable to the Customer (SUbject to the limitations set forth herein). Unavailability and credits will be prorated and paid in 15~minute increments. 3. Installation Date. (a) "Installation Date" is the actual date that the Services are made available to the Customer. The Installation Date shall not be deemed missed due to installation delays attributable to (i) reasons of Force Majeure or other causes beyond the reasonable control of BellSouth; or (ii) Customer's applications, equipment or facilities. AU expedited installation requests do not qualify for this installation SLA. (b) The objective for the Installation Date is to be on or before the target date committed to by BellSouth, as reflected on BellSouth's service management records. For any installation for which the objective is not met (other than for the reasons set forth above) Customer will receive a credit, lNhich may be applied towards Customer's subsequent monthly invoice(s), equal to 100% of the installation charges (if any) otherwise payable b)' the Customer for the Services. 4. Latenc!y':' (a) "Average Latency" is the monthly average round~trip latency of designated portions of BellSouth's network, detennined by measuring round-trip network responses over such portions of the network as determined by BellSouth. The objective for Average Latency is to not be greater than 55 milliseconds. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 10% of the monthly recurring charges for the Services. Network delay will nClt be considered for purposes of Average Latency, and Service credits will not be available to Customer, in cases where the Services are delayed as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (Ii) the failure or malfunction of testing equipment, applications or systems; (Iii) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities. 5. Packet Loss. (a) "Average Packet Loss" is the monthly average round-trip packet loss of designated portions of BellSouth's network, determined by measuring round-trip network responses over such portions of the network as determined by BellSouth. The objective for AVElrage Packet Loss is to not be greater than 0.5%. For any month in which the objective is not met, Customer will receive a credit, which may be applied towards Customer's monthly invoice, equal to 1/30th of the monthly recurring charges for the Services. Packet loss will not be considered for purposes of Average Packet Loss, and Service credits will not be available to Customer, in cases where packets are lost as <:1 result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of testing equipment, applications or systems; (in) circumstances or causes beyond the control of BellSouth, including instances of Force Majeure; or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords BellSouth full and free access to Customer's equipment to perform necessary testing, troubleshooting or related activities. Service Level Objectives (SLOs) Version: 08/2005 Created On: May 4, 2007 Page 9 of 16 CCP-23741 1. Mean Time to Recalr. "Mean Time to Repair" is the monthly average time over any calendar month it takes for BellSouth to resolve any outage problem classified as "major" or "critical" by BellSouth's network Operations Center. Mean Time to Repair is calculated as follows: MeanTime to Repair = Total outaee minutes Total outage occurrences The objective for Mean Time to Repair is not to exceed four (4) hours. This objective will be measured and reported but the Customer will not receive a credit if the objective is not met. 6. Other Tenns and Conditions Customers whose Service was established prior to 5/1/07 should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA objective was missed. Customers whose Service is established after 5/1/07 will need to call 1-800-317-3343 and select the appropriate option to request SLA payments, and should anticipate receiving any applicable credit within 2 billing cycles after the month in which the SLA credit was requested. If a customer whose Service was established prior to 5/1/07 believes a credit should have been applied but was not, or a customer whOSEl Service is established after 5/1/07 wishes to request a credit, such customer must request such credit within 120 days after the date of the report from BellSouth giving notice that an SLA objective was missed. If Customer's request for a credit was in error, Customer may be charged for the costs associated with researching the credit request. The total credits payable for SLA objectives (other than the Installation Date SLA) missed during anyone-month period shall not exceed the total monthly recurring charges for the Services in that month. 7. Force Maieure Force Majeure is defined as including war, riots, embargoes, strikes, or other concerted acts of workers (whether BellSouth's or others), casualties or accidents, malicious or criminal acts of third parties, or any other causes or circumstances whether of a similar or dissimilar nature to the foregoing, which prevent or hinder the delivery of the Services). Version: 08/2005 Created On: May 4, 200i' Page 10 of 16 CCP-23741 @ BELLSOUTH Addendum to Master Contract for Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners BELLSOUTH BUSINESSsM MASTER AGREEMENT# FL03-F871-00 Quote # BBS070202154842 Term The undersigned Customer hereby orders from BellSouth Business Systems, Inc on behalf of BellSouth Telecommunications, Inc. ("Bell South") the BellSouth Business Services of the type, at the location and for the prices and term specified in this Addendum and its related Addendum Detail Form(s) (collectively, this '''Addendum''). BellSouth Business Service is provided, and this Addendum is submitted, subject to and in accordance with BellSouth BusinesssM Master Agreement, and all applicable acceptable use policies. This Addendum is valid only when accepted by an authorized representative of BellSouth. The term of the Service begins upon completion of installation and activation by BellSouth, unless terminated earlier as set forth herein or in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. and will continue thereafter for the thirty-six (36) months unless terminated by either of the parties in accordance with the provisions set forth in the BellSouth Business Services Master Agreement. Additional Terms and Conditions 1. Pre-qualification does not guarantee service availability at the installation location. Although Customer's line pre-qualified for Service there are circumstances beyond BellSouth's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until BellSouth's installers are at Customer's location and attempt installation of the Service. If it is determined that BellSouth is unable to install this Service, Customer will not incur any charges associated with the attempted provisioning of Service for the affected location(s). 2. If Customer cancels its Services or any portion thereof, or has its Services or any portion thereof terminated pursuant to Section 12(a) or 12(b) of the BellSouth Business Services Master Agreement, prior to the expiration of the minimum term selected herein, Customer shall be obligated to pay BellSouth a termination charge equal to 50% of the total monthiy charges (other than variable usage charges) that would have become due for the remainder of the scheduled minimum term if such termination had not occurred. Such termination charge shall be paid to BellSouth within thirty (30) days after such cancellation. 3. If Customer cancels installation of the Services, or part of a service order, before the installation due date, Customer shall be obligated to pay BellSouth cancellation charges equal to 50% of all the standard nonrecurring charges associated with the order, or that part of the order being cancelled. 4. Customer may incur additional charges in the event BellSouth has to build out additional facilities in Addendum to provision Customer's Services. Customer will be notified of such additional charges and may terminate the Services without incurring cancellation charges. 5. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The Parties agree that a facsimile or electronic transmission of each Party's signature to this Addendum and Orders hereunder will be deemed an original and the best evidence thereof for all purposes, including, without limitation, all evidentiary purposes before any arbitrator, court or other adjudicatory authority. Version: 12/2005 Created On: May 4, 2007 6. BellSouth acknowledges that customer is a governmental entity and is dependent upon bUdgetary funding to help pay for the Services being ordered by Customer under this Order. Provided that Customer has diligently and in good faith applied for, submitted all required forms and information, and performed all other duties and obligations required of Customer in connection with obtaining initial and continuing funding from the Customer budget with respect to the Services, BellSouth agrees that Customer may terminate the Services and this Order at any time upon at least thirty (30) days' prior written notice to BellSouth, without payment of any early termination charges that would otherwise be due, such waiving of termination fees will apply if (and only if) Customer does not obtain substitute Services from a competitor within one year of any denial of funding under the Custom r's dget or the ~ Page 11 0116 CCP-23741 Date: funding becomes depleted or is changed during the term of this Order such that funding is no longer available to Customer for the Services. Such waiver is also subject to any and all applicable tariffs or an approved CSA. 7. Public Records. Upon thirty (30) days prior written notice and during normal business hours the parties 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 Customer and BellSouth in conjunction with this Agreement; and the Customer shall have the right to unilaterally cancel this Agreement upon violation of this provision by BellSouth. 8. Billing Records. Upon thirty (30) days prior written notice and during normal business hours, BellSouth shall make its billing records and other records to substantiate the BellSouth charges available to the Customer during the contract and for three years after the contract termination. BellSouth shall make the aforementioned records, available once per year, unless due to cause or breach, in those cases BellSouth will make the records available as needed. Any audit shall be at the expense of the Customer. 9. Nondiscrimination. The parties 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. The parties agree to comply with all Federal and Fiorida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC !i!i 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 !i 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC !i!i 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, !i!i 523 and 527 (42 USC !i!i 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC!i!i 3601 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 !i!i 1201), as amended from time to time, relating to nondiscrimination in employment 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; and 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. No Solicitation/Payment. BellSouth represents that it, its directors, principies and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting empioyment or contractual relationship; and disclosure or use of certain information. BellSouth and Customer each 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, the Contractor agrees that the County 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. 11. Public Entity Crime Statement. 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 contr~ct to iro de any 9~OdS Version: 12/2005 Page 12 of 16 ~~ ~ Created On: May 4. 2007 CCP.23741 Oate a 07 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 of 36 months from the date of being placed on the convicted vendor list. 12. CUSTOMER HAS READ AND AGREES TO BE BOUND BY THIS ADDENDUM, INCLUDING THE APPLICABLE ADDENDUM DETAIL FORM (S) AND THE BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT AND RATE SCHEDULES, AND ALL APPLICABLE ACCEPTABLE USE POLICIES, ALL OF WHICH REPLACE AND SUPERSEDE ANY OTHER NEGOTIATIONS, AGREEMENTS, PROPOSALS AND COMMUNICATIONS (ORAL OR WRITTEN) RELATING TO THE SERVICES LISTED OR DESCRIBED ON THIS ADDENDUM AND SHALL PREVAIL OVER ANY ADDITIONAL OR CONFLICTING TERMS IN ANY PURCHASE ADDENDUM, INVOICE, ACKNOWLEDGMENT OR OTHER SIMILAR DOCUMENT ISSUED BY CUSTOMER. ACCEPTANCE OF ANY ADDENDUM BY BELLSOUTH IS SUBJECT TO BELLSOUTH CREDIT AND OTHER APPROVALS. FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION, BELLSOUTH IN ITS SOLE DISCRETION RESERVES THE RIGHT TO CANCEL THE ADDENDUM WITHOUT LIABILITY OR SUSPEND THE ADDENDUM UNTIL ACCURATE AND APPROPRIATE CREDIT APPROVAL REQUIREMENTS ARE ESTABLISHED AND ACCEPTED BY CUSTOMER. Version: 12/2005 Created On: May 4, 2007 Page 13 of 16 CCP-23741 ~#~ Date: t:./. 0/07 , Summary Dedicated Internet Access Components purchased: Site-to-Site locations: 1 Customer will pay to BellSouth all charges billed pursuant to the Contract. Charges are as set forth below. Charges Incorporation with Master Contract The Terms and Conditions of this addendum are added to, and become, integral parts of Master Agreement FL03-F871-00 and are fully incorporated herein by this reference. I acknowledge that I have received and read the BellSouth@ Dedicated Internet Access Service Description ~J{j~t/;I.O/01 Customer Initials and Date IN WITNESS WHEREOF, the Company and Customer have caused this Addendum to be executed and delivered by their duly authorized representatives, effective upon execution by Customer and acceptance by the Company. Acknowledgement Customer: Monroe County, a political subdivision of the State of Florida by and thrOUg~h its B~~f County Comml c By:_ Accepted by BellSouth Business Systems, Inc. On behalf of BellSouth Telecommunications, Inc. ((!.;~~~ Name: Mario DiGennaro Title: Mayor/ChairperSOj It. Date: Go ~o 07 . , Witnesses MONROE COUNTY ATTORNEY tJ.. PROVED A~ Tp..: ~d-- 'CYNTHIA L.' ALL ASSISTANT COUNTY ATTORNEY Date Ot. - D+ - /100::). BY:W~, ',0.. ~ Name: ~'''"7"7+- ...<./4-( L Title: ~ .~7L Date: ...s -..30- 07 / . ..<-:~,;,~\'., :d:;:'le.AGtt;J~ OEPUTYClEi'~ By: {/;t Lilt e1~ &II(~ ('l rf N 5' :~lirl 5'3i)'b1 ,I Name: Title: Date: Version: 12/2005 Created On: May 4, 2007 Page 14 of 16 CCP.23741 ~~~ Date: a 07 Dedicated Internet Access Install Charge Monthly Charge Charges for Primary Circuit Location # 1 Site Name: 1200 Truman Ave. Site Address: 1200 Truman Ave. Key West FL 33040- Metro Ethernet Tiered Pricing $0.00 $4500.00 Service Package: Port + Access Port Speed: 20 Mbps Contract Term: 36 Months Site Total: $0.00 $4500.00 Solution Details Version: 12/2005 Created On: May 4, 2007 Page 15 of 16 CCP.23741 ~if~ Customer Initials: Oate: U../~o/07 @ BELLSOUTH Tips for Successful Installation You will be contacted shortly by a Provisioning Engineer to go over all the technical things that have to be in place at your site before your service can be operational. Please notify BellSouth immediately if you need to make any changes, as changes may inhibit or delay your service implementation. At the time of installation, BellSouth provides two hours of complementary technical support. This free Network Engineering assistance will help make sure your configuration is compatible with your new BellSouth Service. If you do need additional assistance, BellSouth provides professional services at the rate of $125-$200 per hour. One important thing to note: If you are going to miss your scheduled installation (turn-up), you must notify your Service Specialist at least 24 hours in advance. BellSouth begins billing on the date of your scheduled turn-up whether the service is activated or not. To avoid paying for service that isn't up and running, make sure you keep track of your installation date and advise us in time if there is going to be a problem hitting that date. Here is a quick checklist of requirements for the Dedicated Internet Access (DIA) product that you ordered. Look it over and talk to your Service Specialist about anything that is unclear or may present a problem. . Make sure your technical personnel are available on premise for each scheduled stage of service installation. You can coordinate this with your Service Specialist. . On installation day, make sure the premise contact for your company has your vendor hardware documentation available to research any possible hardware/software configuration problems. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . Check that your router, CSU/DSU equipment is in place. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you are providing a router, make sure it is configured and ready for operation of your DIA service 24-48 hours prior to your targeted installation date. . Ensure your transceiver is compatible to interface between your LAN/HOST and the BellSouth provided router. If you need one, check with local area communications or computer retail stores. (Only applies to Packaged customers, all others will be handling the complete router configurations for themselves.) . Have your computers, LAN, Servers and other equipment installed and ready to connect before the installation date. Your DIA will install whether you have this equipment in place or not and your billing will begin once the BellSouth installation is complete. . If you installed your own CSU/DSU equipment, call the BellSouth Telecommunications office to have the circuit tested before the scheduled installation date. (Does not apply to customers who have purchased the Packaged Option - BellSouth will handle for Packaged customers.) . If you would like to use IP addresses already assigned to your company, send an e-mail to your Provisioning Engineer listing those addresses. BellSouth will verify the usability of your addresses for the DIA connection. There is a lot involved in getting ready for the installation. If you have any questions or problems with the process, contact your Service Specialist to iron them out immediateiy. We want your DIA service and installation to be a positive experience! Customer Information: Monroe County, a political subdivision of the State of Florida by and through its Board of County Commissioners 1200 Truman Ave. Key West, FL 33040- Version: 07/2005 Page 16 of 16 Created On: May 4, 2007 CCP-23741