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Item C29AVK`01-03 io=G3 rlCVl7=l'1V I�RVL wa.1\aa a va. �.ss�ualw ays tiara<��z a -a .r ROARU OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Anil 16.2003 Bulk Item: Yes X No Division: Management Services - - Department: Technical Services AGENDA ITEM WORDING: Approval to waive Purchasing Policy and Procedure and enter into a Special Service Arrangement Agreement, Addendum #1, and Amendment with Bellsouth for dedicated technician and upgrade to all County phone systems and authorization for Mayor to execute. ITEM BACKGROUND: This contract was negotiated with Bellsouth for a dedicated Bellsouth technician. This agreement will eliminate costly repairs.. PREVIOUS RELEVANT BOCC ACTION: Contract approved on March 15, 2000, for 1 year, 2 year contract extension renewal approved on April 19, 2000, CONTRACT/AGREEMENT CHANGES: Contract price is $7,023.41 less per year, term is 5 years, contract includes a 20% discount on all Nortel Equipment purchases and free base software upgrades to the existing (6) PBX's during the term of the contract. STAFF RECOMMENDATIONS: approval TOTAL COST: $79048b/ 5yMs BUDGETED: Yes X _ No COST TO COUNTY: 1780,882.96/ 5 years SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes __ No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk anasement DEPARTMENT DIRECTOR APPROVAL: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow DISPOSITION• Revised 2127/01 Todd Erickson Sheila . Barker Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: BellSouth Contract # Effective Date: April 16,2003 Expiration Date: April 16, 2008 Contract Purpose/Description: Full time Dedicated BellSouth Technician. Contract Manager: Lisa Druckemiller 5100 Technical Services/5B (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/16/03 Agenda Deadline: 4/02/03 CONTRACT COSTS Total Dollar Value of Contract: $ 780,882.96 Current Year Portion: $ Budgeted? Yes® No Account Codes: 001-06002-530-460- Grant: $ - - County Match: $ - - - Estimated Ongoing Costs: _ (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, util CONTRACT REVIEW 78,088.32 Changes Date Out Date In Needed Re�w `3/ Division Director Yes No[�! p fir' p Risk Management 3/Pyh-7 YesO NoR' U11� 3/2.0 0 3 O.M.B./Purchasing A-i240 3Yes[�-1Vo� q/1 County Attorney Yes NoF-] Comments: 0 � �; �`�� �%� ���� t OUNlFYSMON ROE KEY WEST FLORIDA 33040 (305)294-4641 To: Sheila Barker From: Todd Erickson Date: March 28, 2003 RE: Bellsouth Contract Sheila, BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 I have reviewed your questions on the new Bellsouth contract, and I wanted to address them. Lisa and I have spent several months working on this contract, and as I hope to show, it provides Monroe County with the best value, reliability and expandability. First, let me address the subject of the dedicated technician vs contract only labor. Back in 2000, Lisa performed a cost analysis of what the County was spending for contracted labor and was able to negotiate a full time technician for slightly more. The County was spending approx. $149,135 annually for contract labor, and a full time technician was only $163,200. The small difference in price was easily made up by the level of service and continuity within the department. Ed has been an invaluable aid in almost every new building construction or remodel. The original contract was for 3 years, and the proposal I am recommending has the new annual cost down to $156,168 annually. This is major, since contract labor prices have risen from $110 per hour to $130 per hour today. The contract I am proposing also includes all of the software upgrades for all 6 PBX's for the entire 5 year contract and a 20% discount on the purchase on any phone equipment. The software alone is worth $20,000 annually and the discount will add up to even more savings. With the execution of this contract and the corresponding equipment contract, the next 60 months will require the largest planning and reconfiguration that the County has ever experienced due to the implementation of IP telephony. This implementation will result in significant future cost savings and feature enhancement. I don't feel that contracted labor would be able to deliver the type of integration that is necessary during this important phase. Second, let me address the question about the leased PBX equipment. It is my feeling and professional opinion that a fair market value lease was the best choice for our current situation. I feel this way because it offers the most cost effective monthly payments and in 60 months, it will be in the County's best interest to get rid of it and lease or purchase new equipment. This is much different from years past, as PBX technology is rapidly developing. Having negotiated all of the necessary software upgrades should keep us in good shape for the 60 months, but it will definitely be time to start replacing equipment by that interval. You inquired about warranty work on the new PBX equipment, and YES, anything that we are replacing is covered under warranty; however, the manufacturers warranty only covers the equipment itself for a period of one year. Since the lease is for 60 months, coverage for the additional 48 months has been factored into the cost mentioned above. These two contracts must be executed together, as that was the only way to get both of the prices down. We negotiated over $270,000 in savings from the original BellSouth proposal. I am confident that this is the best way for the County to go, and even with the budget crunch next year, passing up this opportunity would only end up costing tens of thousands more in the future. Thank you Todd rickson L, * W Addendum to Monroe County Dedicated Technician Agreement Ref Maintenance The following Monroe County addresses contain equipment that is covered under the Dedicated Technician Agreement: • 1200 Truman Avenue s L- t • 500 Whitehead Street s L- i • 5100 Jr. College Road s i 1 • 88800 Overseas Highway s L t • 490 63`d Street :5 L l • 2798 Overseas Highway s L I • 186 Key Heights Drive _ • 5501 W College Road • 2805 Overseas Highway /� s ��` q �} �� `µ t, q S' ovz s z L s %A, 0 5205 College Road AN Ewa\ S �• \A., • 3117 Overseas Highway .1 ���G �, < <`� r ; c1�.,1 C- • 3101 Overseas Highway • 9000 Overseas Highway w4- e r o _ c o a; 0a0 • 81-5 Bayside • 101 Tradewinds Shopping Center • 3251 Overseas Highway 4L : b .5-,- • 89240 Overseas Highway P...�\ • 10600 Aviation Boulevard _ �r,� : ` �;, ��� S • 701 Key Deer Boulevard — 'P z. -. --- • 8700 Overseas Highway $` boo o • 3583 S Roosevelt Boulevard • 1503 Kennedy Drive • 87831 Overseas Highway P,\.o \ 1- • 25 Ships Way -- C o.,, • 4695 Overseas Highway • 10600 Aviation Boulevard • 524 Eaton Street • 700 Fleming Street — Confirmed Equipment Inventory to be added as attachment A s S 2 00 A (O6C,© l O 1) DELLS UT s r st* r 4 Monroe County VoIP PBX Upgrade Project And Dedicated Technician March 3, 2003 60 month contract for Dedicated Tech $ 780,882.96 60 month Term FMV for Equiment $ 193,304.40 ''otals $ 974,187.36 'Tpotal of Moothly Recurring costs $ 16,236.46 BellSouth Confidential 3/5/03 Monroe County VolP PBX Upgrade Project Proposal SCHEDULE FOR PURCHASE OF Dedicated Maintenance Technician Oft BELLSOUTHO BellSouth Communication Systems, LLC Customer: Monroe County Customer Number: 37116 Agreement Number: Location Number: 51 CPE50416 hsalla6mAdchess: 1200 Truman Avenue Order Number: 51583873/51583875 City: Key West State: FL Zip: 33040 Total Price: $780,882.96 Tam 60 Months (Excluding taxes) Customer Reference Number: (For Information Purposes Only) Customer hereby purchases Dedicated Technician Services, as set forth in detail below, from BellSouth Communication Systems, LLC ("BellSouth") under and pursuant to, and this Order modifies and supplements, for purposes of Dedicated Technician services only, the Master Agreement For Equipment Purchase And/Or Maintenance Service between BellSouth and Customer ("Agreement"). This Order shall become effective as of the last signature date set forth below. Except as specifically stated below, all terms and conditions of the Agreement remain in full force and effect. BellSouth and Customer hereby agree as follows: Customer orders, and by acceptance of this Order BellSouth agrees to provide, Dedicated Technician services consisting of the following components at the net prices indicated below: Terms and Provisions BellSouth agrees to provide Dedicated Technician Services to Customer as stated in the above referenced Order, per the following terns and conditions: 1.BellSouth will provide Dedicated Technician(s), as stated in the above referenced Order, to work on the Customer's site(s). BellSouth and Customer agree that the duties of the Dedicated Technician(s) shall be primarily to provide the system Warranty/Maintenance work and secondarily, with time permitting, to provide incidental labor for moves, adds and changes. 2.Dedicated Technician(s) will be on Customer site(s) (8) hours per day, five (5) days a week fifty (50) weeks per year, during the hours of 8:00 A.M. and 5:00 PM, Monday through Friday excluding holidays observed by BellSouth. 3.BellSouth's Dedicated Technician(s) can perform routine adds, moves, changes, and rearrangements (installation work defined as installation work up to this "wired -for" system size (shelf in place)) which does not require engineering consideration. Parts for rearrangements, changes or moves of telecommunications Equipment are not included. Work which requires engineering consideration, issuance of Sales/Service Orders, or work outside of the normal scheduled work hours will be performed by BellSouth and billed to Customer at BellSouth's then current published rate for such work. 4.Customer must maintain an inventory of typical Equipment, on Customer's premises, necessary to perform the above mentioned work as part of the Dedicated Technician service plan. Customer must replenish this inventory as needed. 5.BellSouth will provide Maintenance Service, as stated in the Agreement, for all components that comprise Customer's telecommunications system(s) located at the site(s) as listed in the above referenced Order. Equipment purchased from BellSouth and installed at the site(s) will be covered during the warranty as stated in the Agreement. After the expiration of the warranty, the labor to maintain the Equipment will be provided by the Dedicated Technician(s) with all parts billable at BellSouth's then current rates. 6.BellSouth will insure that the Dedicated Technician is reasonably trained and qualified to make repairs to systems listed in the above referenced Order or provided by BellSouth at the covered site(s) during the term of the Order. 7.For products, equipment and/or tasks not typically supplied by BellSouth, BellSouth may, upon Customer request, agree to maintain the same under the following conditions: a. Customer agrees to provide pertinent test equipment and tools, and bear all expenses for the training of the Dedicated Technician(s) on equipment or tasks, including but not limited to, manufacturer training, travel, food, lodging and replacement of Dedicated Technician(s) during the training period. b. Customer agrees to provide all replacement parts and other required materials. c. Customer agrees to bear the cost of any manufacturer technical support. 8.Any additional work performed by BellSouth beyond the scope of this Order, will be at BellSouth's then current rates for labor and materials. 9.The Customer shall not employ, or attempt to employ, any of BellSouth's current or former employees with whom Customer has direct contact in connection with the performance of this Order. Customer shall comply with these conditions through the term of this Order or any renewal thereof and for 12 months thereafter. PRICING Dedicated Technician Labor Number of Technicians 1 Unit Price $619,999.80 Total Price for Technician Labor $619,999.80 Dedicated Technician Vehicle Number of Vehicles 1 Unit Price $33,000.00 Total Price for Vehicles $33,000.00 Dedicated Technician — Ports Number of Ports 3,500 Total Price for Ports $210,000.00 Dedicated Technician -Peripherals Total Price for Peripherals $90,220.80 Dedicated Technician -Lightning Total Price for Lightning $31,500 Total Price $984,720.60 (Labor, Vehicle, Ports, Parts, Lightning) Total Price Discounted $780,882.96 (Labor, Vehicle, Ports, Parts, Lightning) rsuant to the terms and conditions of the Agreement referenced above, Customer agrees to purchase and BellSouth Communication Systems, LLC agrees to vide Services described in this Order. This Order shall automatically incorporate therein all the terms and conditions of the Agreement, and any and all terms and editions on any Customer order forms, purchase orders, or other Customer documents shall be deemed deleted. Witness Whereof, the parties have executed this Order by their duly authorized representative, in multiple counterparts, each of which shall be deemed an BellSouth Communication Systems, LLC CUSTOMER By BellSouth Business Systems, Inc. Authorized Signature Date Authorized Signature Date Name (Type or Print) Title Name (Type or Print) z:\legal2\wwb\forms\Dedicated StaffEq Schedule rev 02.20.01.clean. doc ® BELLSOUTH ADDENDUM 1 This Addendum 1("Addendum") to the Master Agreement Number CPE50416 ("Agreemenf') is made by and between BellSouth Communication Systems, LLC ("BellSouth"), with corporate offices at 1936 Blue Hills Drive, Roanoke, Virginia 24012, a Georgia limited liability company and Monroe County Board Of County Commission (Monroe County) with main offices located at 1200 Truman Avenue, Suite 211, Key West, FL 33040. This Addendum becomes effective as of the last signature date set forth below (the "Addendum Effective Date"). Except as specifically stated below, all terms and conditions of the Agreement remain in full force and effect. BellSouth and Monroe County Board Of County Commission hereby agree as follows: 1. BellSouth will provide 20% discount on all future purchases of Nortel PBX hardware upgrades, and free base software upgrades to the existing PBX systems for the five-year duration of the Dedicated Technician Maintenance as described on Order Number 51582473. 2. BellSouth may increase the annual rate of maintenance by 3 percent or CPI, which ever is greater on the anniversary date of this contract. Additionally, BellSouth may adjust the material billing due to changes in port count and peripheral equipment on the anniversary date. This adjustment may result in either an increase or a decrease in maintenance billing. IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives as of the Addendum Effective Date. By: Name: Title: Date: Monroe County BellSouth Communication Systems, LLC By: Name: Title: Date: BellSouth Proprietary Document Not for disclosure without prior written permission .......:.::................. ...:;,:.:i::'::::�>;;;::;;::::::::»::»:��:Fz:�;z::rrr:.;rrrr:.r:.rs:->:.r.�:::::.::..: ..:...:....................................::....:.:..� ::. 3;; ..::,: ::��:> ::-; z.."�.: _.:: "--`:>> : CERTIFICATE E NUMBER �:: — ....,. :.::-.:: < TL-000805308-03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED W THE ATTN: ANGELA D. WILLIAMS POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PH: 404(995-2762/FAX: 404R605638 AFFORDED BY THE POLICIES DESCRIBED HEREIN. 3475 PIEDMONT ROAD SUIT SUITE 1200 COMPANIES AFFORDING COVERAGE COMPANY ATLANTA, GA 30305 01548-CAS- A ACE AMERICAN INSURANCE COMPANY INSURED COMPANY BELLSOUTH CORPORATION INCL. B BELLSOUTH BUSINESS SYSTEMS COMPANY 1155 PEACHTREE STREET ROOM 15A01 C ATLANTA, GA 30309-3610 COMPANY D ,..:_:--- -- _...:._........ .............................n�aG......_.......srn.....3.,...............�..:'':`:-... :....rs::y,g�'..�s�':y: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDIYY) LIMITS A GENERAL LIABILITY HDOG21739480 04/01/03 12/01/03 GENERAL AGGREGATE $ 3,000,000 X _ PRODUCTS - COMP/OP AGG $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR PERSONAL&ADVINJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OVMNER'S & CONTRACTOR'S PROT FIRE DAMAGE(AnycneAre) $ 1,000,000 M® EXP Any aneperson) $ N/A A AUTOMOBILE LIABILITY ANY AUTO ISAH0793435A 04/01/03 12/01/03 COMBINED SINGLE LIMIT $ 2,000,000 X BODILYINJURY (Per perms) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS F1 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EAACCIDENT $ ANY AUTO OTHER THAN AUTO --- -::::? x _" .. EACH ACCIDENT $ AGGREGATE $ E%CESSLIA8ILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLAFORM OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND E MPLOYERS'LIABILITY WLRC43515640 04/01l03 12/01/03 )( UIVCSTATU- OTH TO2Y LIMITS ER EL EACH ACC DENT $ 1 ,000,000 THE PROPRIETOR/ INCL PARTNERSrE)IECUTIVE EL DISEASE-PGUC✓LIMIT $ 1,000,000 EL DISEASE -EACH EMPLOYEE $ 1,000,000 OFFICERS ARE' EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS ADDITIONAL INSURED FOR LIABILITY COVERED BY THE POLICY BUT ONLY WITH RESPECT TO THE NAMED INSUREDS OPERATIONS, WORK, OR FACILITIES OWNED OR USED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT. .<:: t ..<.> ..............:..::.: . SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS THE INSURER AFFORDING COVERAGE HALL ENDEAVOR TO MAIL 'IQ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUr FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION (A ATTN: LISA DRUCKEMILLER 1200 TRUMAN AVENUE KEY WEST, FL 33040 LIABILITY OF ANY KIND UPONTHE INSIRER AFFORDING COVERAGE, ITS AGENTSOR REPRESENTATIVES, OR THE ISSUER OFTHISCERTIFICATE. MARSH USA INC. BY: Walter Gilstrap V"It Ai"kair ........................... . AMENDMENT This Amendment, dated , 2003, shall serve to modify the terms and conditions of the MASTER AGREEMENT FOR PURCHASE OF EQUIPMENT AND/OR SERVICES between BELLSOUTH COMMUNICATION SYSTEMS, LLC ("BellSouth") and MONROE COUNTY, FLORIDA ("Customer") dated , 200_, Agreement Number (the "Agreement"), with respect only to Order No. (the "Order"). The parties agree to the following changes to the Agreement with respect to this Order: 1. Customer's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 2. 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 of 36 months from the date of being placed on the convicted vendor list. 3. BellSouth warrants that it has not employed, retained or otherwise had acted on its behalf any former Customer officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any Customer officer or employee in violation of Section 3 of Ordinance No. 10- 1990. For breach or violation of this provision the Customer may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former Customer officer or employee. Except as specifically modified above, all provisions of the Agreement remain in full force and effect. Monroe County, Florida BellSouth Communication Systems, LLC Name: Title: Lo Name: Title: i/wwb/Agreements/Amendment.Monme County Florida.3.2 7.03.doc Rx Dale/Time FEB-06- OWTH0) 11:03 RJsk Management February 6, 2003 (FAX)305 569 �339 P.002/002 P. H2 220 P02/02 FEB 06 103 10:12 BELLSOUTH Room 1SA01 1155 Peachtree SUM N.E. Atlanta, GA 30309461 a Fwdl404-249-2888 BellSouth Business Systems, Inc. Proof of Insurance To Whom It May Concern: BellSouth Corporation and its subsidiaries, Including BellSouth Business 5ystams, Inc., are protected under A Risk and Insurance Management program administered at the holding company !oval. The program Is tailor-made to provide each entity with the broadest. most cost-effective coverage available. This letter provides information normally evidenced on Certificates of insurance and should answer many of your questions. BellSouth Business Systems, Inc., as a wholly owned subsidiary of BellSouth Corporation, maintains the following Insurance coverages: 1. Commercial General Liability, including contractual liability and completed operations coverage, with limits In excess of S1,000,000 per occurrence. 2. Workers Compensation in compliance with statutory requirements when work Is being performed. This policy includes Employers Llahlllty coverage with limits in excess of $1,000,000 per occurrertee. 3. Cammercial Automobile Liability insurance for bodily injury and property damage in excess of $1,000,000 per occurrence, This includes all owned, non -owned, leased and hired vehicles. 4. All Risk Properry for all BellSouth property and other property under our cats, custody or control with limits in excess of S2,000,000 per occurrence. This coverage inures to any property where contractual provisions require us to maintain insurance. BellSouth will continue to maintain a Risk and Insurance Management program that provides protection commensurate with the risks arising tom Its operations, Accordingly, as work is awarded or contracts am futaliaed, we will issue a certiticato of Insurance evidencing the coveragp required under the contractual agreement. BellSouils Risk Management &-+i-L� czx�