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12/15/2010 FL10-0443-01DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 12, 2011 TO: Lisa Druckemiller, Senior Administrator Technical Services Division FROM: Isabel C DeSantis, D. C. ' At the December 15, 2010 BOCC meeting, the Board granted approval of Item C30 to enter into a "Master Services Agreement — Order Attachment for CSA Services" #FL10-0443-01, with AT & T which includes an additional speed of 1 Gb/s to our existing Metro Ethernet wide area network agreement; and authorized execution of same. Enclosed is a duplicate original the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney, via e-mail Finance File Addendum Agreement Case Number FL10-0443-01 MASTER SERVICES AGREEMENT - ORDER ATTACHMENT FOR CSA SERVICES This Order Attachment Agreement is Made Pursuant to the Master Services Agreement No. FL03-F871-00. This Agreement is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. Offer Expiration: This offer shall expire on: 12/31/2010. 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- • � N rT1 CD Page 1 of 6 AT&T and Customer Confidential Information Addendum Agreement Case Number FL10-0443-01 Option 1 of 1 Estimated service interval following acceptance date: Negotiable weeks. THE UNDERSIGNED PARTIES, BellSouth Telecommunications, Inc. d/b/a AT&T Florida, ("Company") and Monroe County, by and through its Board of County Commissioners ("Customer" or "Subscriber"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Contract Service Arrangement (CSA) Agreement FL07-2033-01. This Addendum Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 3. This Agreement 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. Page 2 of 6 AT&T and Customer Confidential Information Addendum Agreement Case Number FL10-0443-01 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. Accepted by: Subscriber: Monroe County, by and thrgbgh its Board of County Commissioners, a political subdivision of the State of Florida By: r Authorized Si Aatur Printed Name: Ye—CtI'9'47- e r (f ai -)-,X 4A e, % Title: —yr) a. 0-7- Date: Compaf'y: L. KOLHAGE, CLERK BellS000aeleco ication In / AT&T Florida By: — Authorized SigAture Printed Name: Dr Title: Date: IL 2F AT7'C:- '? F0RNI: 4'-L�YiSZrYfOdn CHP?� T l - ,'V- t_FiT-BARROWS (-O'\i V=TTOFNEY Page 3 of 6 AT&T and Customer Confidential Information Addendum Agreement Case Number FL10-0443-01 Option 1 of 1 Service description: This Addendum Agreement adds an additional speed to the Customer's existing BellSouth® Metro Ethernet service. All terms and conditions of Contract Service Arrangement Agreement FL07-2033-01 apply to this Addendum Agreement unless modified herein. Page 4 of 6 AT&T and Customer Confidential Information Addendum Agreement RATES AND CHARGES Rate Elements BellSouth® Metro Ethernet Service, 1000 Mbps Premium Connection, per connection, Fixed (Addendum to FL07-2033-01. Add rate element.) Case Number FL10-0443-01 Option 1 of 1 Non- Monthly Rate USOC Recurring Page 5 of 6 AT&T and Customer Confidential Information $.00 $3,860.00 MTEPT Addendum Agreement RATES AND CHARGES NOTES: Case Number FL10-0443-01 Option 1 of 1 The `NOTES' Section of the `RATES AND CHARGES' PAGES OF Contract Service Arrangement Agreement FL07-2033- 01 is replaced in its entirety with the following: 1. Metro Ethernet service is location specific. If facilities do not exist, special construction charges may apply. 2. These rates and charges are only valid if the Customer is served from a central office equipped for Metro Ethernet service, or can be extended to a central office equipped for Metro Ethernet service. 3. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that were waived at installation as identified below in addition to applicable termination liability charges. USOC Description Nonrecurring Charge CNMSC CNM Security Card $ 200.00 each CNMSE CNM Service Establishment Charge $ 250.00 each MTEP1 Metro Ethernet Service, 4 Mb s Premium Connection, Fixed $1,000.00 each MTEP3 Metro Ethernet Service, 10 Mb s Premium Connection, Fixed $1,000.00 each MTEP6 Metro Ethernet Service, 100 Mb s Premium Connection, Fixed $1,500.00 each MTEPT Metro Ethernet Service, 1000 Mbps Premium Connection, Fixed $1,750.00 each Furthermore, upon Customer's request to disconnect all service prior to the expiration of the selected term, Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00. There are no other additions, deletions or changes to the above referenced Contract Service Arrangement Agreement included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 6 of 6 AT&T and Customer Confidential Information Technical Services December 15, 2010 Item Background BellSouth/AT&T has provided Technical Services with an addendum to our existing agreement for wide area network service known as Metro Ethernet Currently, Monroe County is able to order bandwidth for interconnecting our offices at rates of 4 Mb/s, 10 Mb/s and 100 Mb/s. This addendum to our existing agreement will add 1000 Mb/s to this list of available bandwidths. This will allow for future growth if our bandwidth requirements continue to expand. At present we do not have any plans to increase the bandwidth but we can say that our facilities in Key West and Marathon may be good candidates for increases in the future. New Pricing Schedule Below please find the monthly leasing costs of bandwidth under our current agreement with the addition of the new option: Speed Cost per Month New 4 Mb/s $590.00 N 10 Mb/s $810.00 N 100 Mb/s $1,620.00 N 1000 Mb/s $3,860.00 Y Staff Recommendation Technical Services recommends that the Monroe County Board of County Commissioners approve this addendum to our current Master Service Agreement with BellSouth/AT&T.