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Item C12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date~}e.(jItt002 Division: Management Services Bulk Item: Yes x No Department: Technical Services AGENDA ITEM WORDING: Approval of Special Service Arrangement Agreement with BellSouth to install Fiber at DJJ Building, 5501 College Rd. 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 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $118,882.80--/5 years BUDGETED: X Yes No COST TO COUNTY: $59,441.40 COST TO SHERIFF DEPT. $59,441.40 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X- OMB/Purchasing X_Risk Management X_ DEPARTMENT DIRECTOR APPROVAL: ~ ~o/tfI ~~-=:Cksr; , DIVISION DIRECTOR APPROVAL: - ~~~--- "" James L. Roberts DOCUMENTATION: Included x To Follow Not Required_ DISPOSITION: AGENDA ITEM # ~/~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: BellSouth Contract # Effective Date: OC1:flLf1 -f&, 2002 Expiration Date: tctGiu k.) 1(i' 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: $ 59,441.40 Budgeted? Y es~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 11,888.28 001-06002-530-410- ADDITIONAL COSTS Estimated Ongoing Costs: $11,888,28/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW O.M,B./Purchasing Changes Date In Needed ..- 1- ::l..7-fl'-YesO Norr.""----~p . ~\t7{)J-- YesO NaB' ") uu..tL. ~::~::~~ Date Out Division Director 7-..).-l~ County Attorney Risk Management Comments: OMB Form Revised 2/27/01 MCP #2 SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 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 A5 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 awropriate 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. 5. 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. If so, 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. PRIV A TElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 1 of9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-0l 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. Companv BellSouth Telecommunications, Inc, Assistant Vice President 7650 NW 19 St suite 600 Miami, FL 33126 Subscriber 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. PRIV A TE/PROPRlET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 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. 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. Page 3 of9 Customer Initials Date Offer Expiration: This offer shall expire on: 12/31/02. SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 Option 1 of 1 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) 5501 College Road to 1200 Truman Avenue. 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 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: Date: ANNE A%;ON --~~ Title: f"Il'.TF Company: BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc. By: Authorized Signature Printed Name: Title: PRIVATElPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 Option 1 of 1 Date: PRIV A TElPROPRlET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 Option 1 of 1 RATES AND CHARGES Rate Element Non-Recurring Monthly Rate USOC 1. Special Construction for placing new facilities. $.00 $406.38 WOOOV 2. Dry Fiber - per each 2 fiber strand arrangement - per route mile $.00 $225.00 WOOOY 3. Dry Fiber - per each Point to Point fiber strand arrangement $1,500.00 $.00 WOOOW PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 60f9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-0l 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. A Contract Preparation Charge will not apply upon initial installation; however, if service is disconnected prior to expiration of this Agreement, the Subscriber will pay a Contract Preparation Charge of three hundred sixty-two dollars ($362.00) in addition to applicable termination liability charges. 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 ofthe 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. PIDVATBTROPIDETARY CONTAINS PIDV ATE AND/OR PROPIDET ARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 7 of9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-01 Option 1 of 1 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. END OF ARRANGEMENT AGREEMENT OPTION 1 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. Page 8 of9 Customer Initials Date SPECIAL SERVICE ARRANGEMENT AGREEMENT Case Number FL02-H387-0l 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 TElPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMA nON. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 90f9 Customer Initials Date