Item D10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 18, 2009 Division: TDC
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Maxine Pacini — 296-1552
AGENDA ITEM WORDING:
Approval of an Agreement with AT&T to provide long distance telephone services to the Tourist
Development Council.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:Approx $35,000 per year. INDIRECT COST: N/A BUDGETED: Yes X
COST TO COUNTY: Approx: $35,000 per year SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X /Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: AT&T Contract # TDC #: 547
Effective Date: 2/ 18/09
Expiration Date: 2/18/12
Contract Purpose/Description:
Approval of an Agreement with AT&T to provide long distance telephone services to
the Tourist Development Council.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2/18/09 Agenda Deadline 2/3/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 35,000 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes : 115-75035-530340-TE95203X-530410
Grant: $ 116-76065-530340 TG962
County Match: $
6X-530410
116-76065-530340-TG96250X-530410
116-76007-530410-T096206X-530410
115-75035-530340-TN95230X-530410
116-76065-530340-TG963 79X-530410
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above)
CONTRACT REVIEW
7P
Division Director
t n
Changes
Needed
Date Out
Yes[] NoQ'
j �p
Risk Manag�m at
Yes[] NoE�'/
A 3 -
OM.B./PurchAing
9 � D°1
Yes[] Nod
C
County Attorney
/��
Yes[] NOEr C. Hall
t c "7
Comments:
OMB Form Revised 2/27/01 MCP #2
JAN 3 O ZO09
AT&T MA Reference No.
at&t
AT&T Business Network Service (ABN) with Multi -Service Agreement
Customer
AT&T
les Contact
Monroe County Tourist
AT&T Corp.
Prima—, Contact
Development Council
225 W. Randolph St. RIM 9C
lena Corda(
dress: 7300 N.W. 19th St.
TN
Street Address: 1201 White Street
Chicago, IL 60606
City: Key West
State/Province: FL
City: Miami
City: Miami
Zip Code: 33040
e: FL
StatZip
Country: US
Code: 33126
Country: US
Telephone: 305-569-7292
Fax: 305-569-7392
Email: ec6561@att.com
Sales/Branch Manager.
SCVP Name:
Sales Strata:
Customer Contact (for notices]
AT&T Contact for notices
( )
Sales Region:
AT&T Solution Provider or
Representative Information (if
Name: Maxine Picini
Street Address:
icable ❑
Name:
Title'
Street Address: 1201 White Street
City:
State/Province:
Company Name:
Street Address:
City: Key West
Zip Code:
City.
State/Province: FL
Country:
State/Province:
Zip Code: 33040
Zip Code:
Country: US
Wlth a copy to:
Country:
Telephone: 305-296-1552
AT&T Corp'
One AT&T Way
Telephone:
Fax:
Email:
Bedminster, NJ 07921-0752
Fax:
Email:
ATT'N: Master Agreement Support Team
Agent Code:
Email: tt.com
This AT&T Multl-Service Agreement and Pricing Schedule (and any Pricing Schedule subsequently executed by the parties that
references this Services Agreement) is subject to the attached Terms
and Conditions (collectively, the "Agreement"). This
Agreement incrorporabes the rates, terms and conditions set forth in the AT&T Service Guide
httnJ/new serviceouide att com httoJ/wwwserviceauide
Acceptable Use Policy located at www.att.com/auo,
located at
att.com/ABS/ext or httoJ/www att om/abs/aarviceouide or in the AT&T
and in the AT&T Business Communications Service Agreement located
at
http:#www.buslness.att conVaor ement/ each as amended from time to time. To the extent of any conflict between this Agreement
and the AT&T Service Guide, AT&T Acceptable Use Policy or the AT&T Business Communications
Agreement shall take precedence.
Agreement shall be deemed to be an
Service Agreement, this
In addition, any Addendum to an "Attachment° or to the "Master Agreement" referencing this
Addendum
to the attached Terms and Conditions.
MONROE COUNTY ATTORNEY
:
AT&T and Customer Confidential information
Page 1 of 4
4ffiw:NEY / 3e) -2,0,w
MultbService Agreement
Terms and Conditions
Contrail Prices. Taxes and Surcharges: UNeSs otherwise stated in a Pricing Schedule, other than for VoIP and resold local exchange service the rates and charges
stated in the Pricing Schedule are stabilized for the term of the Pricing Schedule (the'Terml, but do not include taxes and regulatory charges which are not stabilized. You
specified in the AT&T Service Guide, Upon expiration of the Term and subject to any notice periods set forth in the Service Guide and to any
are responsible for all applic" taxes and regulatory surcharges. Regulatory surcharges, inducing but not limited to UCC, USF, PICC and paypthone charges, are
or retention periods, the Servers will continue on a month -to -month basis during which AT&T may modify the rates, charges, terms and condiapplicable tions applicable minimum payment
to the Service
covered by such Pricing Schedule on thirty (30) days' prior notice
Payment and Deposits: Payment is due thirty (30) days after the invoice date and must refer to invoice number. Restrictive endorsements or other statements on checks
will not apply. For overdue payments, AT&T may assess a late fee of the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law and an costs
(including atlomey fees) of collecting delinquent or dishonored payments. AT&T may require you to pay a deposit or increase an existing deposit as a condition of providing
Services. You authorize AT&T to investigate your credit history at any time and to share credit information about you with credit reporting agencies. If annual MARC-
a~l/gfb/e recurring and usage charges (after discounts and credits) do not equal or exceed the MARC in Your Pacing Schedule, You will be billed an
amount equal to the unsatisfied MARC for the contract year.
Termination and Termina8on Charges: Either party may terminate for material breach upon thirty (30) days prior written notice to the other party. If a Pricing
Schedule is terminated by You for convenience or by AT&T for cause before the end of the Term, You will be billed an early termination charge of
50% of the unsatisfied MARC remaining in the Term. If a Service Component is terminated during its minimum retention period, You must pay any
the associated credits, waivers or unpaid amortized charges. If a Service Component is terminated during its minimum payment period, You must pay
applicable amount of the monthly charge muftrplied by the months remaining in the period.
Umbbon of liaMliEv EITHER PARTY S ENTIRE LIABILITY (OTHER THAN CUSTOMER'S LIABILITY FOR PROPERLY DUE CHARGES) AND THE OTHER PARTY'S
EXCLUSIVE REMEDIES FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO
EXCEED IN THE AGGREGATE DURING ANY TWELVE-MONTH PERIOD THE TOTAL NET PAYMENTS PAYABLE BY YOU FOR THE AFFECTED SERVICE DURING
THE THREE MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR
INCREASED COST OF OPERATIONS, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AT&T SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, INTERACTION, ACCESS OR INTERCONNECTION PROBLEMS WITH
APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS NOT PROVIDED BY AT&T; SERVICE INTERRUPTIONS OR LOST OR ALTERED MESSAGES
OR TRANSMISSIONS (EXCEPT TO THE EXTENT CREDIT ALLOWANCES ARE SPECIFIED IN THE AT&T SERVICE GUIDE); OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION,
NETWORK OR SYSTEMS.
_DISCIafiner of Warranties: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. AT&T DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. AT&T DOES NOT WARRANT
NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO
LOAD BALANCING, OR THAT AT&I'S SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION
INFORMATION. OF, OR IMPROPER ACCESS T0, YOUR DATA AND
A fng and Disputes: If You do not dispute a charge in writing within 6 months after the invoice date, You waive the dispute. AT&T must issue a bill within six (6) months
after the month in which the charges were incurred (other than for automated or live operated assisted calls) or it waives the charges.
Equipment AT&T shall ratan all right, tine or interest In AT&T equipment and no ownership rights in AT&T equipment shall transfer to You. You must provide electric
power and a suitable and secure environment free from environmental hazards for AT&T equipment and You shank the AT&T and encumbrances. AT&T equipment shall not be removed, relocated, modified, interfered with, or attached to non -AT&T equipmentequipment free from aft lens, charges,
AT&T, Title to and risk of loss of equipment AT&T leis You ('Purchased Equlpmerht' will without prior written authorization from
AT&T, obligations of any kind with respect to that Purchased Equipment, ) t� to You as of the delivery date, upon which date AT&T at have no further
the Purchased E ui q pit, except as set forth in an applicable Attachment, Pricing Schedule o Service Guide. N You do not accept
q p►► ent the Purchased Equipment must be returned to the manufacturer. AT&T will obtain from the manufacturer and forward to You a Return Material
Authorization. AT&T retains a purchase money security interest in all Purchased Equiprent until You pay for it in fun; You appoint AT&T as You agent to sign and fide a
financing statement to perfect AT&Ts security interest. All Pumhased Equipment is provided on an AS IS" basis, except that AT&Twill pass through to you
ally w � nti sa vall from its suppliers, to the extent that AT&T is permitted to do so under its contracts with those suppliers.
R220UnIm appicabie total law or regulation mandates otherwise, You may not resell the Services to third parties.
Go main law: Unless applicable law requires otherwise, state law issues concern ng the constnuc n, interpretation and performance of this Agreement shall be
governed by fhe fawn of the State of New York, U.S.A., excluding its choice of law noes
Entire Agreement THIS AGREEMENT, THE AT&T SERVICE GUIDE, THE AT&T ACCEPTABLE USE POLICY AND THE AT&T BUSINESS COMMUNICATIONS
SERVICE AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS,
PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL CONCERNING THE SERVICES. THIS AGREEMENT
SHALL NOT BE MODIFIED OR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS, ADVERTISEMENTS, SERVICE
DESCRIPTIONS OR YOUR PURCHASE ORDER FORMS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
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County of Monroe WK-83191 V 1
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before February 28, 2009.
1. SERVICES
Master Agreement No.
Pricing Schedule No.
Original Effective Date:
Effective Date of Amendment:
Pricing Schedule for AT&T Business Network Service
• AT&T Business Network (ABN) Service
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Term Start Date
Effective Date of Rates
e
and Discounts
F
First day of first full
First day of first full
billing cycle after
billing cycle after
installation of ABN
installation of ABN
Service
Service
upon exprra[ron or The terms and conditions of this Pricing
Pricing Schedule Schedule will renew on a month -to -month
Tenn basis until terminated by either party on 30
days prior written notice VExtension
Period'), except that during the Extension
Period the rates under this Schedule are
changed as follows: a) If the Services are
subject to a Service Guide or a filed Tariff,
the rates in this Pricing Schedule will
automatically be increased to the then -
current Monthly Extension rates specified
in the Service Guide or Tariff, or, if no
Monthly Extension rate is specified, the
rate for the Services for the Extension
Period shall be equal to the rates under
this Pricing Schedule plus 20%; b) credit, If
any, under this Pricing Schedule do not
Pricina Cu:�inal
ay extend Pricing Schedule
Schedule Term Teadditional two-year period
Renewal Option upnotice to AT&T at least
fordays prior to the last day of
thericin Schedule Term
3. MARC
YEAR 1 YEAR 2 YEAR 3
MARL�underhis $6,000 $6,000 $6Prlcinule
4. MARC-ELIGIBLE CHARGES
• ABN Service including eligible Voice, Access, Local and
Intrastate Services purchased under the ABN Service offer
• AT&T Mobile Services (NOTE: Shortfall and/or discount
ineligibility may apply per the AT&T Mobile Services contract)
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5. NOT USED
Monthly Growth Incentive — Not applicable under this Pricing
Schedule
6. PROMOTIONS, CREDITS WAIVERS AND MINIMUM
RETENTION AND PAYMENT PERIODS
6.1 Promotions
Service Guide promotions are not applicable under this Pricing
Schedule
6.2 Credits
6.3 Waivers
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Page 3 of 4
County of Monroe WK-83191 V 1
The rates, discounts and other provisions in this Pricing
Schedule are contingent upon signature by both parties on or
before February 28, 2009,
7 RATES AND DISCOUNTS
AT&T Administrative Use
Master Agreement No.
Pricing Schedule No.
Original Effective Date:
Effective Date of Amendment:
Pricing Schedule. for AT&T Business Network Service
7.1_ ABN Domestic and International Dlal Station Outbound
/Inbound Calllnp
rA❑awonai secona or Traction. Rates displayed are net.
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Michi an 15%
Minnesata 10%
Mississi i 10%
7.2 AT&T Terrestrial 1.5" Mbns Local Channel Services
Local
Channel Mileage
1
51+ ( $5351
displayed are net.
AT&T and Customer Confidential Information
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V5 — 711108