Item C54
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~Y
Meeting Date: September 18,2002 Division: Management Services
Bulk Item: Yes x No Department: Technical Services
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AGENDA ITEM WORDING: Approval of Special Service Arrangement Agreement with
BellSouth to install Fiber at Gato, 1100 Simonton Street.
ITEM BACKGROUND: This agreement will replace the existing Frame Relay Circuit with fiber
optic cabling. This technology is the most versatile and reliable in the market today. It will
provide us with improved capacity and performance today and into the foreseeable future.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACTIAGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $42,117.00--/5 years BUDGETED: X Yes No
COST TO COUNTY: $42,117.00
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
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APPROVED BY: County Atty X- OMB/Purchasing X Risk Management X_
DEPARTMENT DIRECTOR APPROVAL: ~ "::,g c;;: .:f~j(
Todd Eric son
DIVISION DIRECTOR APPRO V AL: ~O"
James L. R~s
DOCUMENT A TION: Included x To Follow Not Required_
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DISPOSITION: AGENDA ITEM # C stf
Revised 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT SUMMARY
Contract with: BellSouth Contract #
Effective Date: September 18,2002
Expiration Date: September 18,2007
Contract Purpose/Description:
This agreement will replace the existing Frame Relay Circuit with fiber optic cabling.
This technology is the most versatile and reliable in the market today. It will provide us
with improved capacity and performance today and into the foreseeable future.
Contract Manager: Lisa Druckemiller 5100 Technical Services/5B
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 9/18/02 Agenda Deadline: 9/4/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 4~1l7.00 Current Year Portion: $ 8,423.40
Budgeted? YeslZl NoD Account Codes: 001-06002-530-410-
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Grant: $ - - - -
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County Match: $ - - - -
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- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $8,423.40/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director 7 _.::. 0 L.-- YesD No 9 -
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RiSkM~,:;r ~;~i)J-YeSONO@ I . . 'I,..,
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O.M.B./P .ng ~'-YeSONoQ----: m
County Attorney 4;. YesO NO~ ... .-
Comments:
OMB Form Revised 2/27/01 MCP #2
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, SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
This Special Service Arrangement Agreement ("Agreement") is by and between BellSouth
Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and Monroe
County Information Systems ("Customer or Subscriber"), and is entered into pursuant to Tariff
Section AS of the General Subscriber Services Tariff. This 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 requests and Company agrees, subject to the terms and conditions herein, to
provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges,
and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions
described in the Attachment( s) are binding upon Company and Subscriber for the duration of this
Agreement. For the purposes of the effectiveness of the terms and conditions contained herein,
this Agreement shall become effective upon execution by both parties. For purposes of the
determination of any service period stated herein, said service period shall commence the date
upon which installation of the service is completed.
2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed
services required for the installation of the Service. Subscriber agrees to be responsible for all
rates, charges, and conditions for such tariffed services.
3. This Agreement is subject to and controlled by the provisions of Company's or any of its
affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2
of the General Subscriber Services Tariff and No.2 of the Federal Communications Commission
Tariff and shall include all changes to said tariffs as may be made from time to time. All
appropriate tariff rates and charges shall be included in the provision of this service. The tariff
shall supersede any conflicting provisions of this Agreement, with the exception of the rates and
charges herein, in the event any part of this Agreement conflicts with terms and conditions of
Company's or any of its affiliated companies' lawfully filed and approved tariffs.
4. This Agreement may be subject to the atpropriate regulatory approval prior to
commencement of installation. Should such regulatory approval be denied, after a proper request
by Company, this Agreement shall be null, void, and of no effect.
S. If Subscriber cancels this Agreement prior to the completed installation of the Service, but
after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all
reasonable costs incurred in the implementation of this Agreement prior to receipt of written
notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall
not exceed all costs which would apply if the work in the implementation of this Agreement had
been completed by Company.
6. The rates, charges, and conditions described in the Attachment(s) may be based upon
information supplied to Company by the Subscriber, including but not limited to forecasts of
growth. lfso, Subscriber agrees to be bound by the information provided to Company. Should
Subscriber fail to meet its forecasted level of service requirements at any time during the term of
this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its
projected service requirements.
P~VAT8PROP~ETARY
CONT AINS P~V A TE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT.
Page I of9
Customer Initials
Date
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, SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
7. (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service
period set forth in this Agreement, Subscriber shall be responsible for all termination charges.
Unless otherwise specified by tariff, termination charges are defined as all reasonable charges due
or remaining as a result of the minimum service period agreed to by Company and Subscriber and
set forth in the Attachment(s).
7. (b) Subscriber further acknowledges that it has options for its telecommunications services
from providers other than BellSouth and that it has chosen BellSouth to provide the services in
this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of
BellSouth local services and the reseller executes a written document agreeing to assume all
requirements of this Agreement, Subscriber will not be billed termination charges. However,
Subscriber agrees that in the event it fails to meet its obligations under this Agreement or
terminates this Agreement or services purchased pursuant to this Agreement in order to obtain
services from a facilities based service provider or a service provider that utilizes unbundled
network elements, Subscriber will be billed, as appropriate, termination charges as specified in
this Agreement.
8. This Agreement shall be construed in accordance with the laws of the State of Florida.
9. Except as otherwise provided in this Agreement, notices required to be given pursuant to
this Agreement shall be effective when received, and shall be sufficient if given in writing, hand
delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address
set forth below. Either party hereto may change the name and address to whom all notices or
other documents required under this Agreement must be sent at any time by giving written notice
to the other party.
Comoanv
BellSouth Telecommunications, Inc.
Assistant Vice President
76S0 NW 19 St suite 600
Miami, FL 33126
s.ubs~ri12er
Monroe County Information Systems
1200 Truman A v
Key West, FL 33040
10. Subscriber may not assign its rights or obligations under this Agreement without the
express written consent of Company and only pursuant to the conditions contained in the
appropriate tariff.
P~V A TE/PROP~ET ARY
CONT AINS P~V A TE AND/OR PROP~ET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A W~TTEN AGREEMENT.
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Customer Initials
Date
. SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
11. In the event that one or more of the provisions contained in this Agreement or incorporated
within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable
statute, regulatory requirement or rule of law, then such provisions shall be considered
inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of
this Agreement shall continue in full force and effect.
P~V A TE/PROP~ET ARY
CONT AINS P~V A TE AND/OR PROP~ETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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Customer Initials
Date
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
Option 1 of 1
Offer Expiration: This offer shall expire on: 12/31/02.
Estimated service interval following acceptance date: Negotiable weeks.
Service description:
This Special Service Arrangement (SSA) provides for single mode, point-to-point, dry fiber
between the following locations in Key West, Florida:
1. 1200 Truman Avenue to 1100 Simonton Street.
Dry fiber is offered as a point-to-point arrangement between Customers designated premises.
This SSA consists of a maximum of two (2) optical fibers in each route and is offered without
optical signal regeneration to compensate for signal losses. The Company makes no other
representations regarding the transmission capability of the facilities.
This Agreement is for sixty (60) months.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives on the dates set forth below.
Accepted by:
Subscriber:
Monroe County Information Systems
By:
Authorized Signature
Printed Name:
Title:
Date:
Company:
BellSouth Telecommunications, Inc.
By: BellSouth Business Systems, Inc.
By:
Authorized Signature
Printed Name:
Title:
PRIV A T8PROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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Customer Initials
Date
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SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
Option 1 of 1
Date:
PRIV A T8PROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORM A TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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Customer Initials
Date
SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
Option 1 of 1
RATES AND CHARGES
Rate Element Non-Recurring Monthly Rate USOC
1. Special Construction for placing new $.00 $251.95 WOOOV
facilities.
2. Dry Fiber $1,SOO.OO $.00 WOOOW
- per each Point to Point fiber strand
arrangement
3. Dry Fiber $.00 $225.00 WOOOY
- per each 2 fiber strand arrangement
- per route mile
PRIV A TElPROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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Customer Initials
Date
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SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E995-04
Option 1 of 1
RATES AND CHARGES
NOTES:
The Customer is liable for the revenues to the Company for the full term of this Agreement. If the
Customer disconnects early, two payment options are available:
1. Continue paying the monthly rates for the remainder of the Agreement term, or
2. Make a lump sum payment discounted by the current prime interest rate plus two percentage
points.
These rates and charges are in addition to any tariff rates and charges that may apply.
The rates and charges provided in this Agreement are valid only if all locations listed in the
Service Description are installed for the duration of the Agreement. This Agreement is only valid
for the locations specified herein.
Fibers are terminated at the customer premises in a BellSouth approved and constructed Fiber
Distributing Frame (FDF) or cabinet. The current BellSouth approved connector for customer
premise applications is the SC type.
The Customer may utilize the dry fiber for any lawful purpose; however, the Company does not
represent this service as suitable for the Customer's desired applications. The Company reserves
the right to rearrange its network and to modify the manner in which it provides service in order
to meet its overall service requirements. This includes, but is not limited to, the right to engineer
and construct its fiber optic facilities in accordance with its normal operations without
requirement to modify its materials, splicing techniques, or planned facility rearrangements to suit
a specific Customer request.
At the request of the Customer, if made prior to the installation of the facilities, the Company will
attempt to estimate the transmission loss of the channel at the customer's intended transmission
wavelength; provided, however, that the Company does not warrant that the customer's channel
will operate at that estimated loss or that the transmission loss will remain constant during the
period in which the Customer obtains the facilities from the Company.
The Customer must clearly identify facility termination points on Customer premises. In addition,
the Customer must cooperatively disable any optical transmission equipment on a dry fiber
arrangement whenever the Company must perform maintenance on those facilities.
This Arrangement is not intended to be connected to other DS3 and/or DS 1 channel services
provided by the Company. No service capabilities are expressed or implied for any such
connections by the Customer.
The Subscriber must provide the following:
. Entrance support structure for the placement of the fiber and
. Adequate space in the equipment room for termination of the fiber.
PRIV A TE/PROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E995-04
Option 1 of 1
END OF ARRANGEMENT AGREEMENT OPTION 1
PRIV A T8PROPRIETARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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. -- SPECIAL SERVICE ARRANGEMENT
AGREEMENT Case Number FL02-E99S-04
Option 1 of 1
Attachment 1
Per FS 287.0582 - "Monroe County's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the BOCC."
Per FS 287.133 - "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list. "
Per Ordinance 19-1990- "Contractor warrants that he/it has not employed, retained or otherwise
had act on his/its behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the
Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee."
PRIV A T8PROPRIET ARY
CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE
BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
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