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Addendum 03/16/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: March 30, 2011 TO: Lisa Druckemiller, Senior Administrator Technical Services Division FROM: Pamela G. Hanc4C. At the March 16, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of Item C30 Addendum Agreement #FL11-0490-00 to the AT&T Master Agreement #201012220258UA providing for a five-year lease term for existing single mode, point-to-point dry fiber connections in Key West, Florida between the Harvey Government Center and the following facilities: the Gato Building, the Key West Courthouse Complex, the Key West Library and the DJJ/MCSO Headquarters Building on Stock Island at current pricing reflected in contracts FL02-E995-04, FL02-H385-02, FL02-H387-01, and FL02-J775-02. 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 Finance File) M-m- Addendum Agreement Case Number FL11- 0490 -00 AT &T MA Reference No. 201012220258UA CUSTOMER "Customer" AT &T "AT &T" Monroe County, by and through it's Board of County For purposes of this Pricing Schedule, AT &T means the Commissioners, a political subdivision of the State of Service Provider specifically identified herein. Florida Street Address: 1200 Truman Ave City: Key West State: FL Zip Code: 33040 - Billinc Address Street Address: 1200 Truman Ave City: Key West State: FL Zip Code: 33040 - CUSTOMER Contact (for Contract Notices) AT &T Sales Contact Information and for Contract Notices Name: Bob Ward Name: Elena Cordal Title: IT Manager Title: Account Manager Telephone: 305 - 289 -2815 Fax: - - Telephone: 305 - 569 -7292 Fax: - - Email: Email: ec6561 @att.com Street Address: 1200 Truman Ave Attention: Assistant Vice President City: Key West Street Address: 2180 Lake Blvd., 7 t ' Floor State: FL Zip Code: 33040- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT &T Corp. One AT &T Way, Bedminster, NJ 07921 -0752 ATTN: Master Agreement Support Team Email: mast att.com AT &T Authorized Agent or Representative Information if applicable Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: THE UNDERSIGNED PARTIES, BellSouth Telecommunications, Inc. d /b /a AT &T Southeast, ( "Company ") and Monroe County, by and through it's Board of County Commissioners, a political subdivision of the Sta ( "Customer" or "Subscriber"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change to Pricing Schedules Contract Service Arrangement (CSA) Agreements FL02- E995 -04, F102- H385 -02, FL02- H387 -01, and FL02- J775 -02. This Pricing Schedule 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. Offer Expiration: This offer shall expire on: 6/8/2011. 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. Page 1 of 5 Addendum Agreement Case Number FL11- 0490 -00 2. 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. Customer ( by its authorized re r sen e ) AT&T (by its authqg4e representative B: B: G Printed or Type Name: Hea er tC ruthers Printed or Typed Name: Title: Mayor Title: Date: I$areh _ 2011 Date: j ,�� i NIYL G y t P1 CLERK LERK MONROE COUNTY APPROVED AS TO FORM: CHMSTIFNE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date ja 2 /// Page 2 of 5 -: W O CD T 70 _ !T1 C-7 - —� N •• O r i CJ7 Page 2 of 5 Addendum Agreement Service Provider: BellSouth Telecommunications, Inc. d /b /a AT &T Southeast Offer Expiration: This offer shall expire on: 6/8/2011. Service Interval: Estimated service interval following acceptance date: Negotiable weeks. Case Number FL11- 0490 -00 Option 1 of 1 Description: This Pricing Schedule offers an extension of the service period for single mode, point -to- point, dry fiber between the following locations: 700 Fleming Street, Key West, FL 1100 Simonton Street, Key West, FL 1200 Truman Avenue, Key West, FL 5501 College Road, Key West, FL 500 Whitehead Street, Key West, FI Pricing Schedule Term: This Pricing Schedule is extended for sixty (60) months. The new expiration date is March 31, 2016. Jurisdiction: 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. Customer agrees to hold the Company harmless, and to indemnify and defend the Company from any and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable regulatory requirements. Page 3 of 5 Addendum Agreement RATES AND CHARGES Case Number FL11- 0490 -00 Option 1 of 1 Rate Elements Non - Recurring Monthly Rate USOC There are no changes to the $.00 $.00 existing rate elements. Page 4 of 5 Addendum Agreement RATES AND CHARGES NOTES: Case Number FL11- 0490 -00 Option 1 of 1 The 'NOTES' Section of the 'RATES AND CHARGES' PAGES OF Pricing Schedules FL02- E995 -04, FL02- H385 -02, FL02- H387-01, and FL02- J775 -02 is modified as follows: 2. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this SSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability. USOC NONRECURRING CHARGE WGGVF- Contract Preparation Charge $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. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5