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Quote BBS090908103903_DS0025 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 16, 2009 TO: Lisa Druckemiller, Sr. Administrator . Technical Services , Isabel C. DeSantis, D. C. .y FROM: At the September 23, 2009 Board of County Commissioner's meeting, the Board granted approval of quote #BBS0909081 03909 for an Addendum to Bellsouth Business Services Master Agreement #DS0025 from AT&T for a NetPV DSL circuit at t~e new Big Pine Key Fire Station. Attached hereto is a duplicate original of the above document for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File &J{Jf /fltll- (l)f;6 at&t Addendum to Master Contract for Monroe County a political subdivision of the State of Florida by and through its Board of County Commissioners BellSouth Business Services Master Agreement # 050025 Quote # BB50909081 03903 Term The undersigned Customer hereby orders from BellSouth Telecommunications, Inc., doing business as AT&T Southeast ("AT&T") the Business Services of the type, at the location and for the prices and term specified in this Addendum and its related documents ) (collectively, this "Addendum"). BellSouth Business Services is provided, and this Addendum is submitted, subject to and in accordance with the BellSouth Business Services Master Agreement ("Master Agreement"), and all applicable acceptable use policies. This Addendum is valid only when executed by an authorized representative of AT&T. The term of the Service begins upon activation as defined in the attached Service Description and shall continue in effect for 36 Months from ("Initial Term"), unless terminated earlier as set forth herein or in accordance with the provisions set forth below. This Addendum shall be extended for additional one year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Addendum at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. 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 AT&T's control that may result in Customer's inability to receive this Service. Some of these limitations are not detectable until AT&T's installers are at Customer's location and attempt installation of the Service. If it is determined that AT&T 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 AT&T a termination charge equal to 500/0 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 AT&T 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 AT&T cancellation charges equal to 500k 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 AT&T 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. 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, CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 02/2006 Page 1 of 4 Customer Innials: Created On: September 25, 2009 CCP-40244 Date: 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 AT&T IS SUBJECT TO AT&T CREDIT AND OTHER APPROVALS. FOLLOWING ADDENDUM ACCEPTANCE, IF IT IS DETERMINED THAT THE INITIAL CREDIT APPROVAL WAS BASED ON INACCURATE OR INCOMPLETE INFORMATION,AT&T 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. CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 02/2006 Page 2 of 4 Customer Innials: Created On: September 25, 2009 CCP-40244 Date: Summary Charges Managed Network VPN Components purchased: Site-to-Site locations: 1 Customer will pay to AT&T all charges billed pursuant to the Contract. Charges are as set forth below. Incorporation The Terms and Conditions of this addendum are added to, and become, integral parts of Master with Master Agreement DS0025 and are fully incorporated herein by this reference. Contract I acknowledge that I have received and read the BellSouth Managed Network VPN Service Description Acknowledgement Customer: Monroe County a political subdivision of the State of Florida by and through its Board of County co.m~SSioners ~ ~ BY~" ~'" O-J-~,~ Name: George Neugent ~i:I:: Mayor q /2 3/0 9 o Ct: o (..) W Q: Q: <=> La... o It..J -J -- l.L 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. BellSouth Telecommunications, Inc. d/b/a AT&T South ~st (by its authorized representative): i J ~ \0 M ~ x: a.. \.0 ...... (.) Q ~ lU c.::J ii... :.... <!t-= ~ ... :r (.,j ;--- ~~~i -- c.....;' _.!::t;~~.' (~) Witness~~ ~r f&-") - - 0h () t-' 0 t) ~h ~MA,5 Signature/Printed Name ~~t~ z~f~: <:( c::-" o C) :E: Witnes MONROE COUNTY ATTORNEY (' lPPRY(tD AS TO FORM: . mu t,01J1J-/JrLT01~JJA CHRISTINE M. LIMBERT-BARROWS ASSIS~T CO~TY ATTORNEY Date ~ 0/ {) CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 02/2006 Page 3 of 4 Customer Innials: Created On: September 25,2009 CCP-40244 Date: I. Managed Network VPN Install Charge Monthly Charge Charges for Site-to-Site Location # 1 Site Name: Big Pine Fire Station Site Address: 390 Key Deer Blvd Big Pine Key FL 33043- Service Package: S2S "On-Net" Private I P DSL Port + Access + CPE $0.00 $99.95 Port Speed: 1.5 M x 256 K (Best Effort) Subtotal: $0.00 $99.95 Solution Details CONFIDENTIAL/PROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION Version: 02/2006 Page 4 of 4 Customer Initials: Created On: September 25, 2009 CCP-40244 Date: