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Addendum 10/19/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DA TE: October 18, 2011 TO: Lisa Druckemiller, Senior Administrator Technical Services Division 0� FROM: Isabel C. DeSantis, D.C. At the October 19, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of Item C50 to enter into a "Addendum Agreement" Case #FL11-3929-00, with AT&T which includes additional speeds of 250Mb/s and 500 Mb/s to our existing Metro Ethernet wide area network agreement and change the speed of the existing Metro Ethernet connection at the Harvey Government Center from 100 Mb/s to 250Mb/s. 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 �/ aw Addendum Agreement Case Number FL11- 3929 -00 AT &T MA Reference No. 201012220258UA CUSTOMER "Customer" AT &T "AT &T" Monroe County, by and through its 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 - Billino Address Street Address: 1200 Truman Av 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 -453 -8792 Fax: - - Telephone: 305 - 569 -7292 Fax: - - Email: ward- bob @monroecountyfl.gov Email: ec6561@aft.com Street Address: 1200 Truman Ave Attention: Assistant Vice President City: Key West Street Address: 2180 Lake Blvd., 7` 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: This Addendum ( "Addendum ") modifies existing Pricing Schedule ( "Pricing Schedule ") FL07- 2033 -01. AT &T ( "Company ") and Monroe County, by and through its Board of County Commissioners, a political subdivision of the Stat ( "Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL07- 2033 -01. 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 General Subscriber Services Tariff (GSST) which is 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. Page 1 of 6 AT &T and Customer Confidential Information aw Addendum Agreement Case Number FL11- 3929 -00 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. Service Provider: BellSouth Telecommunications, LLC. d /b /a AT &T Florida Page 2 of 6 AT &T and Customer Confidential Information aw Addendum Agreement Offer Expiration: This offer shall expire on: 11/30/2011. Case Number FL11- 3929 -00 Option 1 of 1 Customer ( by its authorize v e.6 AT &T (by it , uthorized re sentative B: Name: N�a -Eh�r C o- rruAe -rs Name: Title: Mau( OT (� On roe C O(c n+ Titl V 6 Y / rl Date: o CA ( i J2 R Date: This Pricing Schedule Addendum adds additional rate elements to Customer's existing BellSouth® Metro Ethernet service. conditions of Contract Service Arrangement Agreement FL07- 2033 -01 apply to this Addendum Agreement .l' t g } 1 � � p � - A -: Page 3 of 6 O AT &T and Customer Confidential Information r Addendum Agreement RATES AND CHARGES Rate Elements BellSouth® Metro Ethernet Service, 250 Mbps Premium Connection, per connection, Fixed Mode (Addendum to FL07- 2033 -01. Add rate element) BellSouth® Metro Ethernet Service, 500 Mbps Premium Connection, per connection, Fixed Mode (Addendum to FL07- 2033 -01. Add rate element) $.00 $.00 Case Number FL11- 3929 -00 Option 1 of 1 Monthly Rate $1,980.00 USOC MTEP7 $2,242.50 MTEP8 Non - Recurring Page 4 of 6 AT &T and Customer Confidential Information . Addendum Agreement RATES AND CHARGES NOTES: Case Number FL11- 3929 -00 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. 9400 Overseas Hwy, Marathon 213 Key Deer Blvd, Big Pine 101485 Overseas Hwy, Key Largo 102050 Overseas Hwy, Key Largo 81500 Overseas Hwy, Upper Matecumbe 20950 Overseas Hwy, Cudjoe Key 490 63rd St Ocean, Marathon 6 Coco Plum Dr. Fat Deer Key 88820 Overseas Hwy, Plantation Key 2798 Overseas Hwy, Marathon 25 Ships Way, Big Pine 1201 White St, Key West 10600 Aviation Blvd, Marathon 1200 Truman Ave, Key West 87831 Overseas Hwy, Plantation Key 3583 N Roosevelt Blvd, Key West 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 MTEP7 Metro Ethernet Service, 250 Mb s Premium Connection, Fixed $1,000.00 each MTEP8 Metro Ethernet Service, 500 Mb s Premium Connection, Fixed $1,000.00 each MTEPT Metro Ethernet Service, 1000 Mb s Premium Connection, Fixed $1,000.00 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. 4. Evolution of Subject Services Page 5 of 6 AT &T and Customer Confidential Information aw Addendum Agreement Case Number FL11- 3929 -00 Option 1 of 1 The Parties mutually acknowledge the following: (A) from time to time during the Agreement Term, AT &T may (i) modify the features and /or functionalities of Subject Services, and /or (ii) offer a more advanced new service or a more advanced version of Subject Services (whether (i) or (ii), a "Successor Service "); (B) AT &T may limit or preclude new purchases of Subject Service upon introduction of a Successor Service; and (C) the Parties contemplate that any modification to Subject Services, the offering of a Successor Service and /or the limitation or preclusion of new purchases of Subject Services be accomplished without materially and adversely impairing the features, functionalities or specifications of Subject Services, as used by the Customer. If the Customer believes that any modification of the features and /or functionalities of Subject Services or the replacement of Subject Services by a Successor Services results in a Material Adverse Change to the Customer, the Customer's claims, if any, shall be pursued under Section 10 of this Agreement. To facilitate the potential evolution of the Subject Services consistent with (C), above, the Parties agree as follows: At AT &T's option, AT &T will either: (A) continue to provide to the Customer with Subject Services as described in this Agreement, or (B) provide the Customer with the Successor Service at the same rates provided in this Agreement, for service of like speed and functionality. If AT &T provides the Customer with the Successor Service, Customer may terminate those Subject Services that have been replaced by the Successor Service without Termination Liability Charges (as provided in Section 9, below), and without incurring any additional non - recurring charges for the installation of the Successor Service AT &T will provide the Customer with notice of all material changes to the Subject Services through accessible letters or by electronic mail, U.S. Mail or commercial messenger service, no later than thirty (30) days prior to implementing such changes. The Parties shall cooperate in good faith to implement any modifications to the Subject Services in a manner that avoids, to the extent technically and commercially practicable, the disruption or impairment of service to the Customer (subject to planned outages and maintenance periods) consistent with convenience, efficiency and cost- effectiveness for both Parties. The Parties will coordinate the migration of existing Subject Services to a Successor Service, if such migration is required by AT &T, in a manner that avoids, to the extent commercially practicable, peak usage periods and /or blackout periods when service disruptions could affect the Customer's end -user services. At the Customer's request, where AT &T makes a Successor Service available, AT &T will allow migrations of Subject Service to Successor Service without termination liability; provided, however, that: (i) otherwise applicable Non - Recurring charges will apply, not to exceed one thousand dollars ($1,000) per Successor Service; (ii) the affected Subject Service has been in service for a minimum of twelve (12) months; (iii) the service term applicable to the Successor Service must be equal to or greater than the remainder of the service term applicable to the affected Subject Service; and (iv) the Successor Service is subject to MRCS equal to or greater than those applicable to the affected Subject Service. All trademarks and service marks contained herein are owned by AT &T Intellectual Property and /or AT &T affiliated companies. 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 6 of 6 AT &T and Customer Confidential Information Technical Services December 15, 2010 Item Background 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 uses Metro Ethernet bandwidths for interconnecting our offices at rates of 4 Mb /s, 10 Mb /s, 100 Mb /s and 1000 Mb /s. This addendum to our existing agreement will add 250 Mb /s and 500 Mb /s to that list of available bandwidths. This will allow for future growth if our bandwidth requirements continue to expand. We are requesting that the speed in Key West be increased to 250 Mb /s from its existing 100 Mb /s. We currently pay $1,440 per month for our Key West link. The new speed costs $1,980 per month which is a difference of $540 per month. There are 40 Months remaining in our contract with AT &T. 40 x $540 = $21,600 for a total contract cost. New Pricing Schedule Below please find the monthly leasing costs of bandwidth under our current agreement with the addition of the new options: Speed Cost per Month New 2 Mb /s $460.00 N 4 Mb /s $510.00 N 8 Mb /s $530.00 N 10 Mb /s $700.00 N 50 Mb /s $894.00 N 100 Mb /s $1,350.00 N 250 Mb /s $1,980.00 Y 500 Mb /s $2,242.50 Y 1000 Mb /s $3,396.00 N Staff Recommendation Technical Services recommends that the Monroe County Board of County Commissioners approve this addendum to our current Unified Agreement with AT &T.