2. 02/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 23, 2009
TO:
Lynda Stuart, Office Manager
Tourist Development Council
A TTN:
Maxine Pacini
Administrative Assistant
FROM:
Pamela G. Hanc~
Deputy Clerk 0
At the February 18, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Agreement between Monroe County and Super Boat International Productions, Inc.
covering the Marathon Super Boat Grand Prix on May 15-17,2009 in an amount not to exceed
$25,000, DAC III, FY 2009 Event Resources.
Amendment to Agreement between Monroe County and Murray Marine, Inc. to revise
name of event to Key West Harbor King Mackerel Tournament.
h.greement between Monroe County and AT&T to provide long distance telephone
services to the Tourist Development Council. I'm returning one signed and one that is not signed
by AT&T.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Also, enclosed is Amendment #4 to Agreement between Monroe County and Keys Association
of Dive Operators. This amendment has not been executed as it appears that all signatures by
Robert Holston are photo copies. Please have Mr. Holston resign with blue ink. Should you
have any questions please feel free to contact our office.
cc: County Attorney
Finance
File
~ at&t
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AT&T MA Reference No. I ,g~?~
Customer
AT&T Business Network Service (ABN) with Multi~Service Agreement
AT&T
AT&T Sales Contact
o Prlmar Contact
Name: Elena Cordal
Street Address: 7300 N.W. 19th St.
Suite 700
City: Miami
State/Province: FL
Zip Code: 33126
Country: US
Telephone: 305-569-7292
Fax: 305-569-7392
Email: ec6561@att.com
Sales/Branch Manager:
SCVP Name:
Sales Strata:
Sales Re ion:
AT&T Solution ptoviUJ or 8
Representative iiforr1lati 0 n
a Iicable 0 ~("')%.
Name: C) f"Y'l-<
Company Name:rrt;o r '"
Street Address: c-,:;:J::. (,.)
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State/Province: %? 1 :K
Zip Code: ~('")::r: r
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Telephone: ~ rn ~
Fax:
Email:
Agent Code:
Monroe County Tourist
Development Council
Street Address: 1201 White Street
City: Key West
State/Province: FL
Zip Code: 33040
Country: US
Customer Contact (for notices)
Name: Maxine Pacini
Title:
Street Address: 1201 White Street
City: Key West
State/Province: FL
Zip Code: 33040
Country: US
Telephone: 305-296-1552
Fax:
Email:
AT&T Corp.
225 W. Randolph 81. RM 9C
Chicago, IL 60606
AT&T Contact (for notices)
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With a copy to:
AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mastatt.com
This AT&T Multi-Service Agreement and Pricing Schedule (and any Pricing Schedule subsequently executed by the parties that
references this Services Agreement) is subject to the attached Terms and Conditions (collectively, the "Agreement"). This
Agreement incorporates the rates, terms and conditions set forth in the AT&T Service Guide located at
htto://new.serviceauide.att.com, htto://www.serviceauide.att.com/ABS/ext or htto:/Iwww.att.com/abs/serviceauide, or in the AT&T
Acceptable Use Policy located at www.att.com/aup. and in the AT&T Business Communications Service Agreement located at
htto://www.business.att.com/aareementl. each as amended from time to time. To the extent of any conflict between this Agreement
and the AT&T Service Guide. AT&T Acceptable Use Policy or the AT&T Business Communications Service Agreement, this
Agreement shall take precedence. In addition, any Addendum to an "Attachment" or to the "Master Agreement" referencing this
Agreement shall be deemed to be an Addendum to the attached Terms and Conditions.
AT&T
b its authorized re
"..~.. KJ~ e.<r.
Name:
CeDar e R. Nel.(
B
e.VJt
Jerald Armstro
Name:
on behi'l.lf of S. Markiewicz
Title:
A14 0 ",. / C t, a...i ...- YYl A..V1
Title:
Date:
FEf3 1 8 2009
~<Db~nfldentiallnformatlon
Page 1 of 4
1- ~() - 2oFJ;
Multi-Service Agreement
Terms and Conditions
Contract Prices. Taxes and Surcharaes: Unless otherwise stated in a Pricing Schedule, other than for VolP and resold local exchange service Ihe rates and charges
stated in the Pricing Schedule are stabilized for the term of the Pricing Schedule (the "Term"), but do not include taxes and regulatory charges which are not stabilized. You
mc responsible for all applicable taxes and regulatory surcharges. Regulatory surcharges. including but not limited to UCC, USF, PICC and payphone charges, are
specified in the AT&T Service Guide. Upon expiration of the Term and subject to any notice periods set forth in the Service Guide and to any applicable minimum payment
or retention periods, the Services will continue on a month~to-month basis during which AT&T may modify the rates, charges, terms and conditions applicable to the Service
covered by such Pricing Schedule on thirty (30) days' prior notice.
Payment and Deposits: Payment is due thirty (30) days after the invoice date and must refer to invoice number. Restrictive endorsements or other statements on checks
will not apply. For overdue payments, AT&T may assess a late fee of the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law and all costs
(including attorney fees) of collecting delinquent or dishonored payments. AT&T may require you to pay a deposit or increase an existing deposit as a condition of providing
Services. You authorize AT&T to investigate your credit history at any time and to share credit information about you with credit reporting agencies. If annual MARC-
Eligible recurring and usage charges (after discounts and credits) do not equal or exceed the MARC in Your Pricing Schedule, You will be billed an
amount equal to the unsatisfied MARC for the contract year.
Termination and Termination Charoes: Either party may terminate for malerial breach upon thirty (30) days prior written notice to the other party. If a Pricing
Schedule is terminated by You for convenience or by AT&T for cause before the end oftha Terml You will be billed an early termination charge of
50% of the unsatisfied MARC remaining in the Term. If a Service Component is terminated during its minimum retention period, You must pay any
associated credits, waivers or unpaid amortized charges. If a Service Component is terminated during its minimum payment period, You must pay
tIle applicable amount of the monthly charge multiplied by the months remaining in the period.
Limitation of Liabilitv: EITHER PARTY'S ENTIRE LIABILITY (OTHER THAN CUSTOMER'S LIABILITY FOR PROPERLY DUE CHARGES) AND THE OTHER PARTY'S
EXCLUSIVE REMEDIES FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO
EXCEED IN THE AGGREGATE DURING ANY TWELVE-MONTH PERIOD THE TOTAL NET PAYMENTS PAYABLE BY YOU FOR THE AFFECTED SERVICE DURING
THE THREE MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR
INCREASED COST OF OPERATIONS, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AT&T SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILlTY, INTERACTION, ACCESS OR INTERCONNECTION PROBLEMS WITH
APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS NOT PROVIDED BY AT&T; SERVICE INTERRUPTIONS OR LOST OR ALTERED MESSAGES
OR TRANSMISSIONS (EXCEPT TO THE EXTENT CREDIT ALLOWANCES ARE SPECIFIED IN THE AT&T SERVICE GUIDE); OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION,
NETWORK OR SYSTEMS.
Disclaimer of Warranties: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR*FREE. AT&T DOES NOT WARRANT
NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT I~ SENT, BACKED UP, STORED OR SUBJECT TO
LOAD BALANCING, OR THAT A T& T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR DATA AND
INFORMATION.
Billim:l and DlsDutes: If You do not dispute a charge in writing within 6 months after the invoice date, You waive the dispute. AT&T must issue a bill within six (6) months
after the month in which the charges were incurred (other than for automated or live operated assisted calls) or it waives the charges.
Eauloment: AT&T shall retain all right, title or interest in AT&T equipment and no ownership rights in AT&T equipment shall transfer to You. You must provide electric
power and a suitable and secure environment free from environmental hazards for AT&T equipment, and You shall keep the AT&T equipment free from all liens, charges,
and encumbrances. AT&T equipment shall not be removed, relocated, modified, interfered with, or attached to non-AT&T equipment without prior written authorization from
AT&T. Title to and risk of loss of equipment AT&T sells You ("Purchased Equipment") will pass to You as of the delivery date, upon which date AT&T will have no further
obligations of any kind with respect to that Purchased Equipment, except as set forth in an applicable Attachment, Pricing Schedule or Service Guide. If You do not accept
the Purchased Equipment, the Purchased Equipment must be returned to the manufacturer. AT&T will obtain from the manufacturer and forward to You a Return Material
Authorization. AT&T retains a purchase money security interest in all Purchased Equipment until You pay for it in full; You appoint AT&T as Your agent to sign and file a
financing statement to perfect AT&T's security interest. All Purchased Equipment is provided on an liAS IS" basis, except that A T& T will pass through to you
any warranties available from its suppliers, to the extent that A T& T is permitted to do so under its contracts with those suppliers.
Resale Prohibited: Unless applicable local law or regulation mandates otherwise, You may not reselllhe Services to lhird parties.
Governinq Law: Unless applicable law requires otherwise, state law issues concerning the construction, interpretation and performance of this Agreement shall be
governed by the laws of the State of New York, U.S.A., excluding its choice of law rules.
Entire Aqreement: THIS AGREEMENT, THE AT&T SERVICE GUIDE, THE AT&T ACCEPTABLE USE POLICY AND THE AT&T BUSINESS COMMUNICATIONS
SERVICE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS,
PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL CONCERNING THE SERVICES. THIS AGREEMENT
SHALL NOT BE MODIFIED OR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS, ADVERTISEMENTS, SERVICE
DESCRIPTIONS OR YOUR PURCHASE ORDER FORMS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
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AT&T and Customer Confidential Information
Page 2 of 4
County of Monroe WK-83191 VI
The rates, discounts and other provIsions in this Pricing
Schedule are contingent upon signature by both parties on or
before February 28, 2009.
For AT&T Administrative Use Only
Master Agreement No.
Pricing Schedule No.
Original Effective Date:
Effective Date of Amendment:
1. SERVICES
Pricing Schedule for AT&T Business Network Service
· AT&T Business Network (ABN) Service
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Term Start Date Effective Date of Rates
Schedule and Discounts
Term
3 years First day of first full First day of first full
billing cycle after billing cycle after
installation of ABN installation of ABN
L__ Service Service
Upon expiration of
Pricing Schedule
Term
The terms and conditions of this Pricing
Schedule will renew on a month-to-month
basis until terminated by either party on 30
days prior written notice ("Extension
Period"), except that during the Extension
Period the rates under this Schedule are
changed as follows: a) If the Services are
subject to a Service Guide or a filed Tariff,
the rates in this Pricing Schedule will
automatically be increased to the then-
current Monthly Extension rates specified
in the Service Guide or Tariff, or, if no
Monthly Extension rate is specified, the
rate for the Services for the Extension
Period shall be equal to the rates under
this Pricing Schedule plus 20%; b) credit, if
any, under this Pricing Schedule do not
apply for the Extension Period.
PricinQ
Schedule Term
Renewal Option
Customer may extend Pricing Schedule
Term for one additional two-year period
upon written notice to AT&T at least
forty- five (45) days prior to the last day of
the original Pricina Schedule Term
3. MARC
YEAR 1 YEAR 2 YEAR 3
MARC under this $6,000 $6,000 $6,000
Pricing Schedule
4. MARC-ELIGIBLE CHARGES
ABN Service including eligible Voice, Access, Local and
Intrastate Services purchased under the ABN Service offer
· AT&T Mobile Services (NOTE: Shortfall and/or discount
ineligibility may apply per the AT&T Mobile Services contract)
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5. NOT USED
Monthly Growth Incentive - Not applicable under this Pricing
Schedule
6. PROMOTIONS. CREDITS. WAIVERS AND MINIMUM
RETENTION AND PAYMENT PERIODS
6.1 Promotions
Service Guide promotions are not applicable under this Pricing
Schedule
6.2 Credits
Month of Pricing
Total number of Schedule Term in
Amount switched access which Credit is
of Credit'" lines converted to be Applied
eligible for credit'"
$25.00 1 - 5 lines
$50.00 6 - 10 lines
$75.00 11 -15 lines 6th
$100.00 16 - 20 lines
$125.00 21 - 25 lines
$150.00 26+ lines
* A T& T will apply one of the above credits based on the total
number of switched access lines that the Customer converts from
an AT&T Affiliated Comoanv.
6.3 Waivers
Charges Waived Month of Pricing Minimum
Schedule Term in Retention
which Charges are Period
waived
Waivers as specified N/A 12 months
in the Service Guide
for ABN Service
Outbound Monthly Every Month None
Charges and
Outbound Minimum
usage requirement
for Per Main Billed
Account, Per
Customer Location-
Switched Access
and Per Customer
Locati on-Oed icated
Access
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County ofMomoc WK-83191Vl
The rates, discounts and other provIsIons in this Pricing
Schedule are contingent upon signature by both parties on or
before February 28, 2009.
For AT&T Administrative Use Only
Master Agreement No.
Pricing Schedule No.
Original Effective Date:
Effective Date of Amendment:
7 RATES AND DISCOUNTS
Pricing Schedule for AT&T Business Network Service
7.1 ABN Domestic and International Dial Station Outbound
/Inbound Callinq
ABN Service Voice and
Component/Capability Rate CPM*
Outbound
Switched $0.0443
Loyalty $0.0376
Dedicated $0.0299
Calling Card $0.1497
Inbound
Switched $0.0443
Loyalty $0.0376
Dedicated $0.0299
*Billed in increments of 30 Second Initial Period or Fraction, Each
Additional Second or Fraction. Rates displayed are net.
ABN Service Voice and
Component/Capability Discount Rate Reference
International Voice 63% Per Service Guide as
revised from time to
time
ABN Local Voice and 33% . Per Tariff as revised
Intrastate from time to time
ACCUNET T1.5 Service 75% Per Service Guide as
Primary Rate Interface revised from time to
Office Functions time
Additional Discount for Intrastate total charqes
State Discount
Alabama 10%
Arizona 10%
Arkansas 10%
California 10%
Colorado 10%
Connecticut 10%
Delaware 10%
Florida 10%
Georqia 10%
Hawaii 10%
Idaho 10%
Illinois 15%
Indiana 15%
Iowa 10%
Kansas 10%
Kentucky 10%
Louisiana 10%
Maine 10%
Maryland 10%
Ma ssach usetts 10%
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Michigan 15%
Minnesota 10%
Mississippi 10%
Additional Discount for Intrastate total charqes
State Discount
Montana 10%
Nebraska 10%
Nevada 10%
New Hampshire 10%
New Jersey 10%
New Mexico 10%
New York 10%
North Carolina 10%
North Dakota 10%
Ohio 15%
Oklahoma 10%
OreQon 10%
Pennsylvania 10%
Rhode Island 10%
South Carolina 10%
South Dakota 10%
Tennessee 10%
Texas 10%
Utah 10%
Vermont 10%
Virginia 10%
WashinQton 10%
West Virginia 10%
Wisconsin 15%
WyominQ 10%
7.2 AT&T Terrestrial 1.544 Mbps Local Channel Services
Local Monthly Charges.
Channel Mileage
Fixed Char~e Per Mile Charge
0-5 $223.30 $0.00
6-10 $286.44 $0.00
11-20 $385.77 $0.00
21-50 $575.19 $0.00
51+ $535.15 $6.16
*Rates displayed are net.
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