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Item D3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 16, 2007 Bulk Item: Yes X No Division: TDC Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval to extend Agreement with Bellsouth retroactive to March 15, 2007. ITEM BACKGROUND: TDC approved same at their meeting of May 1, 2007 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement with the option to extend for two additional years at their meeting of May 19, 2004. CONTRACT/AGREEMENT CHANGES: Approval to exercise the option of the two year extension as outlined in original agreement which will be retroactive to March 15, 2007. STAFF RECOMMENDATIONS: Approval TOTAL COST: $45,000 per year (Approx) BUDGETED: Yes X No _ COST TO COUNTY: $45,000 per year (Approx) SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management X DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Bellsouth Contract # Effective Date: 3/15/07 Expiration Date: 3/15/09 Contract Purpose/Description: TDC is requesting ratification from BOCC to TDC approval to extend agreement with Bellsouth for TDC phone service for two additional years (March 15, 2007 — March 15, 2009). Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 5/16/07 Agenda Deadline 5/l/07 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes : 115-75035-530340-T75M-230X-53034,8' Grant: $ 4/0 County Match: $ - - - - Estimated Ongoing Costs: $_ (Not included in dollar value above ADDITIONAL COSTS /yr For: (eg. maintenance, CONTRACT REVIEW etc. Changes Date Out Date In Needed Re ewer Division Directoryr Yes[:][ET No�1--� Risk Manage ent u-1 /D) Yes❑ No❑' O.M.B./Purcha�ring a6110-r Yes❑ Noi0�- County Attorney 3 3% Yes❑ NoE�3' S.Grimsle _ 3Lgla 7 Comments: OMB Norm Revised 2/27/01 MCP #2 Page I of 4 Pacini-Maxine From: Cordal, Elena [Elena. Cordal@bellsouth.com] Sent: Tuesday, March 20, 2007 2:44 PM To: Maxine Pacini Subject: FW: TDC option to Extend Contract for 2 years-UVG ORDER COMPLETION E-MAIL Attachments: MONROE COUNTY.xIs Maxine, The long distance contract has been extended for another two years. The new expiration date is 3/15/09. Please let me know if you have any questions. Thank you so much. Elena Elena Cordal National Account Executive AT&T Business Systems 7650 Northwest 19th Street, Suite 600 Miami, FL 33126 OFC: (305) 569-7292 FAX: (305) 569-7392 Elena.Cordal@ Bel I5outh.com If you have received this E-Mail in error or if you do not wish to receive any future commercial electronic messages from et&t Business Systems, reply to this message with " UNSUSSCRIBE" as the only word in the subject line. From: Richardson, Gwendalyn Sent: Tuesday, March 20, 2007 11:18 AM To: Moland, Cathy A.; Amos, Patreece Cc: Complex Business Contract Admin; Cordal, Elena; Croft, Michelle Subject: TDC option to Extend Contract for 2 years-UVG ORDER COMPLETION E-MAIL UVG ORDER COMPLETION E-MAIL Customer: MONROE COUNTY TOURISM DEVELOPMENT COUNCIL CUSTOMERS ACCT #IS ORION ORDER # The following changes have been made in Orion.: TYPE OF CHANGE: RENEWAL SIGNED DATE: 03/1 /07 AMENDMENT SIGNED DATE: N/A SIGNED NAME: HAROLD WHEEI,ER AMENDMENT SIGNED NAME: N/A 3/20/2007 Page 2 of 4 TERM/VOLUME RAVE: 24/$-000 ADDED ?RCMO;S,: SHOR_FALL DiSCCN'ECTED FRCMO(S): N/A •--endmen_s keep their original sign date and signature. Thank you, Gwendalyn Richardson Quality Assurance Manager AT&T Business Systems Ph: 404-745-6025 Fax: 404-745-6406 Gwendalyn. Richardson@ATT.COM From: Moland, Cathy A. Sent: Tuesday, March 20, 2007 10:13 AM To: Richardson, Gwendalyn; Amos, Patreece Cc: Complex Business Contract Admin; Cordal, Elena; Croft, Michelle Subject: TDC option to Extend Contract for 2 years Gwen/Patreece, Please find attached the CPA Checklist for Monroe County Tourism Development Council. Thank you for your time and assistance. Regards, Cathy Moland Contract Compliance 678-587-5329 From: Cordal, Elena Sent: Monday, March 19, 2007 1:48 PM To: Complex Business Contract Admin Subject: FW: TDC option to Extend Contract for 2 years I need to know the status of this request. Please call me at the phone number below to let me know what is going on. THANK YOU, Elena Cordal National Account Executive AT&T Business Systems 7650 Northwest 19th Street, Suite 600 Miami, FL 33126 OFC: (305) 569-7292 FAX: (305) 569-7392 Eieno.Cordal@BeIISouth.com 3/20/2007 Page 3 of 4 If ,you have received this E-Mail in error or if you do not wish to receive any future commercial electronic messages from at&t Business Sys terns, reply to this message with "UN5UB5CRIBE" as the only word in the subject line. From: Cordal, Elena Sent: Thursday, March 15, 2007 4:38 PM To: Complex Business Contract Admin Subject: FW: TDC option to Extend Contract for 2 years Pls see the attached letter from Monroe County Tourism Development Council. I've also included a copy of their contract. According to the terms of the current CPA, the customer is entitled to extend the contract for an additional two years at their discretion. This letter is to request this. Please let me know if you have any questions. Regards, Elena Cordal National Account Executive AT&T Business Systems 7650 Northwest 19th Street, Suite 600 Miami, FL 33126 OFC: (305) 569-7292 FAX: (305) 569-7392 Elena.Cordo1@BeI15outh.com If you have received this E-Mail in error or if you do not wish to receive any future commercial electronic messages from at&t Business Systems, reply to this message with "UN5U135CRIBE" as the only word in the subject line. From: Harold Wheeler [mailto:director@fla-keys.com] Sent: Thursday, March 15, 2007 3:58 PM To: Cordal, Elena Subject: TDC option to Extend Contract for 2 years Elena, Maxine has asked me to send you the attached letter requesting our 2 year extension. Please confirm extension. Harold Wheeler Director Florida Keys & Key West Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 (305) 296-1552 (305) 296-0788 The information transmitted is intended only for the person or entity to which it is addressed and may contain 3/20/2007 Page 4 of 4 confidential, proprietary, and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers. GA622 3/20/2007 Siebel No. 1-20Z2JD BellSouth® Business Class Family of Services Customized Pricing Arrangement ("CPA") Order Attachment Account Information: Contact Information: Company Full Legal Monroe County Board of Business Name: Street: County Commissioners 1201 White Street, Suite 102 Customer Contact Name: Jean Brohaugh City, State, Zip: Key West, FL, 33040 Customer Contact Phone: Account Executive: 305-296-1552 Contract Number: BSLD-0404-132 Account Executive Phone: Elena Cordal 305-569-7292 The Customer identified above (the "Customer") hereby enrolls in the BellSouth® Business Class Family of Services (the "Services"). The rates, discounts and other terms and conditions applicable to the Services are set forth in, and governed by, this CPA, including related Service order forms and/or Term Sheets (as defined below), the BellSouth Business Master Agreement ("BBMA") FL03-F871-00 entered into by BellSouth and Customer, and the following documents, which may be amended by BellSouth Long Distance, Inc. ("BellSouth Long Distance") and/or BellSouth BSE, Inc. ("BSE"), as applicable, from time to time (collectively, the "Governing Documents"): (a) the relevant BellSouth Long Distance Pricing Guides for Services purchased from BellSouth Long Distance which are not subject to tariff and the BellSouth Long Distance state tariffs, or similar documents required by the state regulatory body with jurisdiction over the BellSouth Long Distance tariffed Services; and (b) the BSE Pricing Guides, state tariffs, and similar documents required by the state regulatory body with jurisdiction over the BSE local Frame Relay Service. The Governing Document applicable to BellSouth Long Distance interstate Services is the BellSouth Long Distance Complex Business Interstate Pricing Guide, and the Governing Document applicable to BSE's interstate Services is the BellSouth BSE, Inc. Interstate Pricing Guide. The Governing Documents applicable to BellSouth Long Distance and BSE's intrastate Services are the applicable state tariffs or state pricing guides where the intrastate Services are provided. The BellSouth Long Distance Complex Business Services Interstate Pricing Guide, the BellSouth BSE, Inc. Interstate Pricing Guide, and all of the BellSouth Long Distance and BSE pricing guides are available at http://www.tariffs.net/bsld/index.mv. In addition, copies of all the Governing Documents are available during normal business hours, at BellSouth Long Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. Each Governing Document is hereby incorporated into this CPA by reference. In the event of a conflict, the following order of precedence shall apply: (i) this CPA; (ii) the applicable Governing Document(s); (iii) Service Order Forms; and (iv) the BBMA. Customer hereby enrolls for a Term of 3 Years, with the ability to extend for an additional 2 Year Term at the same terms and conditions of this CPA. During the Term of this CPA, Customer hereby agrees that Customer's Minimum Monthly Commitment ("MMC") shall be $1,000 of Contributory Service charges. Contributory Service charges for Dedicated Access and Private Line will be calculated after all discounts have been applied. For all other Services, Contributory Service charges will be calculated before the application of any discounts. Contributory Service charges which contribute toward Customer Name: Monroe CountyTourism Development @ BELLS! _ " ' " pment Council Quote #: 040300195 v 4.7 01/04 PRIVATE/PROPRIETARY Page 1 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1-20Z2JD Customer's MMC are specifically identified in the applicable Governing Documents. If, in any month following a three (3) month ramp up period, Customer fails to meet its MMC, Customer agrees to pay the difference between Customer's total Contributory Service charges for such month and the MMC specified above. If Customer cancels this CPA or ceases to use Services to a material extent prior to the expiration of the Term, Customer agrees to pay an amount equal to fifty percent (50%) of the MMC multiplied by the number of months remaining in the Term specified above. These charges are in addition to any other valid and outstanding Service charges which may be due. This CPA, including the Goveming Documents, any related Service order forms and Service promotions, will be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. BellSouth Long Distance or BSE, as applicable, may assign this CPA at any time to a parent, subsidiary, subsidiary of its parent or any of its or its parent's affiliates. All Services provided hereunder are offered subject to the availability of the service components required. Should the BellSouth® Long Distance Calling Card be included with this CPA, the following apply: • The BellSouth® Long Distance Calling Card is not transferable. • Customer may authorize others to use the BellSouth® Long Distance Calling Card, but Customer remains responsible for all charges incurred by its use. • If Customer's BellSouth® Long Distance Calling Card is lost or stolen, Customer is responsible for charges incurred by the use of the card until the time Customer notifies BellSouth Long Distance. Customer hereby (a) enrolls in the following additional Promotions, Plans, Waivers, and/or Dedicated Access Service (b) acknowledges receiving the term sheet ("Term Sheet") for each such Promotion, Plan, and/or Waivers which are attached hereto and are hereby incorporated into this CPA by reference, and (c) agrees to be bound by the terms and conditions contained therein. • Customer Benefit Plus Promotion Set forth on Attachment A to this CPA is a list of select BellSouth rates that apply to the Services ordered hereunder as of the date of this CPA. Customer acknowledges and agrees that (a) Attachment A contains only a partial list of applicable Service rates; (b) the Governing Documents contain a complete list of the rates and charges that apply to the Services ordered hereunder; and (c) the rates and charges set forth in Attachment A and the Governing Documents may be amended by BellSouth from time to time in accordance with the terms and conditions set forth in the applicable Governing Document(s). By executing this CPA, Customer grants a Letter of Agency to BellSouth Long Distance to act on Customer's behalf to order access services necessary to connect the Services to Customer. This agency authorization includes, without limitation, the removal, addition to or rearrangement of such access services. Customer Name: Monroe County Tourism Development Council Quote #: 040300195 v 4.7 01/04 PRIVATE/PROPRIETARY Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1-20Z2JD In order to become effective this CPA must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distanc and/or BSE. This CPA shall be effective on the date accepted by BellSouth and the Term shall commence on the first day of the next calendar month following the earlier to occur of: (1) 90 days after this CPA is signed by the Customer; or (2) the date on which a Service Component ordered hereunder is installed at a Customer location or activated in the case of calling card. For purposes of this CPA, a "Service Component" shall mean a Service port, PVC, private line, dedicated access circuit, packet service line, PIC Change, or activation of calling card. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this CPA by Customer shall render this CPA null and void. 14ONME COUNTY BOARD OF COUNTY COMMISSIONERS —... vv —una 1 vu11a1" wvvui nx k ou11C11 Signature: -d-, Printed Name: C Title: Date: AZTESTr:� D L KOLHAGE, CLERK Deputy Clerk MONROE CCUNTY ATTORNEY AP 0VEL' AS TO S RANI,, N AssisraruT b,TTc—RHEv Date Customer Name: Monroe County Tourism Development Council Quote #: 040300195 BELLSgM 7 B uthoriied Representative L Printed Name: AnaMaria Bacallao Title: Sales Manager Date: May 7, 2004 v 4.7 01/04 PRIVATE/PROPRIETARY Page 3 of 3 No disclosure outside BellSouth and customer except by written agreement. JtuisdCation Toll -Free ordit Interstate Intrastate Florida Int4matlona� Canada - USA ATTACHMENT A_ (Partial List of Applicable Service Rates and Charges) Customer Name: Monroe County Tourism Development Council Minimum Monthly Commitment: $ 1,000 Term Length: 3 Years Voice Service; Applicable Discounts (TermNolume & Promotions) Interstate Switched TN Discount: 41 % Intrastate TN Discount: 10% Toll -Free International TN Discount: 11 % Interstate Promotion Discount: 8% Intrastate Promotion Discount: 8% International Promotion Discount: 8% Effective Rates per Minute (after all Term/Volume and Promotion Discounts have been applied) Customer Name: Monroe County Tourism development Council @ BELLSOUTH Quote #: 040300195 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. Promo Code INTRA8% Promo Code PLDS8 BellSouth® Customer Benefit Plus Promotion Term Sheet BellSouth' Business Class Family of Services The customer identified herein (the "Customer") hereby enrolls in the BellSouth' Customer Benefit Plus Promotion (the "Promotion ). Customer represents and warrants that, concurrently with Customer' s enrollment in the Promotion, Customer is signing either a new or renewal BellSouth® Business Class Family of Services Agreement (the "Services Agreement" ), with a Term of one year or longer, and a MMC of $100 or more. This Promotion cannot be combined with certain other promotions and cannot be combined with any Customized Pricing Arrangement ("CPA" ), unless otherwise stated in the CPA. Subject to the aforementioned requirements, for Services purchased under this Promotion, Customer will receive the following pricing: • An additional 8% discount will be applied to intrastate, interstate and international inbound and outbound voice Service usage, including calling card Service usage and surcharges; and • This discount will be applied after application of the standard term and/or volume discounts. The intrastate discount component of this Promotion is only applicable in the following states: Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. This Promotion is subject to and controlled by the provisions of the Governing Document(s) applicable to the Promotion -eligible Services purchased under the Services Agreement. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this Term Sheet by Customer will render this Term Sheet null and void. This Promotion is coterminous with and incorporated by reference into the Services Agreement. All capitalized terms not defined herein shall have the meaning ascribed to them in the Services Agreement. To be eligible for this Promotion, Customer must execute the Services Agreement, acknowledging enrollment in this Promotion, no later than June 30, 2004. This Promotion shall apply to eligible Services ordered under the Services Agreement, provided that at least one such eligible service is installed and activated by August 31, 2004. Customer Name: Monroe County Tourism Development Council Quote #: 040300195 BELLSOUTH v 1.1 03/03 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement.