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BSLD-0404-132 05/19/2004 Clerk 111IIe Circul coun Danny L. Kolhage Phone: 292.3550 Fax: 295.3663 Memf!)randum To: Lynda Stuart, QfflCe Manager Tourist Development Council Attn: From: Maxine Pacini Isabel C. DeSantis, }'J Deputy Clerk Date: ThurSday, May 20, 2004 At the BOCC meeting on May 19, 2004, the Board approved the following: document: BellSouth Business Class Family Services Customized Pricing Arrangement Order Attachment between Monroe County and BellSouth to provide long distance telephone services to the TDC administrative office. Attached hereto are two (2) duplicate originals of the above document for your handling. Should you have any questions concerning tM above, please do not hesitate to contact this office. cc: Finance County Attorney File ./ Siebel No. 1-20Z2JD BellSouth@ Business Class Family of Services Customized Pricing Arrangement ("CPA") Order Attachment Account Information: Company Full Legal Business Name: Street: City, State, Zip: Contract Number: Monroe County Board of County Commissioners 1201 White Street, Suite 102 Key West, FL, 33040 BSLD-0404-132 Contact Information: Customer C01act Name: Customer Con act Phone: Account Exec tive: Account Executive Phone: Jean Brohaugh 305-296-1552 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. ("BeIlSouth 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 Lqng Distance which are not subject to tariff and the BellSouth Long Distance state tariffs, or similart 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 Governirllg 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 interstat~ Services is the BellSouth BSE, Inc. Interstate Pricing Guide. The Governing Documents applicable to iBellSouth Long Distance and BSE's intrastate Services are the applicable state tariffs or state pricing ~uides where the intrastate Services are provided. The BellSouth Long Distance Complex Business S~rvices Interstate Pricing Guide, the BellSouth BSE, Inc. Interstate Pricing Guide, and all of the BellSquth Long Distance and BSE pricing guides are available at http://www.tariffs.net/bsld/index.mv. In a~dition, copies of all the Governing Documents are available during normal business hours, at BellS~uth 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); (Hi) Service Order Forms; and (iv) the BBMA. Customer hereby enrolls for a Term of 3 Years, with the ability to ep<tend for an additional 2 Year Term at the same terms and conditions of this CPA. During the Term ofthis CPA, Customer hereby agrees that Customer's Minimum Monthly Commitment ("MMC") shall lPe $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 County Tourism Development Council Quote #: 040300195 @-USOUTH v 4.701/04 Page 1 of 3 PRIVATE/PROPRIETARY 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 remainin~ in the Term specified above. These charges are in addition to any other valid and outstanding Servicelcharges which may be due. This CPA, including the Governing Documents, any related I Service order forms and Service promotions, will be governed by the laws of the State of Georgi~, without regard to its conflict of law provisions. BellSouth Long Distance or BSE, as applicable, ma~ 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@1 Long Distance Calling Card, but Customer remains responsible for all charges incurred by it~ use. · If Customer's BellSouthQ!) Long Distance Calling Card is lo~t 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 Promotion$, 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 acknowle~ges 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 $ellSouth Long Distance to act on Customer's behalf to order access services necessary to conne~t the Services to Customer. This agency authorization includes, without limitation, the removal, adclfition to or rearrangement of such access services. Customer Name: Monroe County Tourism Development Council Quote #: 040300195 @ -U.SOUTH v 4.7 01/04 Page 2 of 3 PRIV A TE/PROPRIET ARY No disclosure outside BellSouth and customer except by written agreemeht. 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 Distan~ 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 S,rvice Component ordered hereunder is installed at a Customer location or activated in the case of calli~g card. For purposes of this CPA, a "Service Component" shall mean a Service port, PVC, private I~ne, dedicated access circuit, packet service line, PIC Change, or activation of calling card. Any modifi~ation(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this CPA by Customer sHall render this CPA null and void. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Monroe Coun Toufi~fu De Signature: Printed Name: Title: Date: ~~ By: _ uth ized Representative Printed Name:AnaMaria Bacallao A'IT~: DANNYdL. K~~MJU< By~c~K...- C. CiA"CUQ.-/1 Deputy Clerk Title: Sales Manager Date: May 7, 2004 ~ ~ t:::l =t) ~ oC"")~ "",r-:::: C"")?--: CC")r ~=O~ "-f;"f2 :<~:::: ..... ~ ,.... C'> .::- ~ ,." '. ;:::: ~ ~ ~ I\) Q ~ ''1-1 - r- @ ~ .::tJ ,..,.., c.... c:5 .::0 r- ...., - (,.) Customer Name: Monroe County Tourism Development Council Quote #: 040300195 @S&U.SOUTH v 4.7 01/04 Page 3 of3 PRIVATE/PROPRIETARY . No disclosure outside BellSouth and customer except by written agreemeht. ATTACHMENli (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 TermNolume and Promotion Dis~ounts have been applied) $0.0704 Canada - USA $0.1802 Customer Name: Monroe County Tourism Development Council Quote #: 040300195 @..U.SOUTH PRIV A TE/PROPRIET ARY No disclosure outside BellSouth and customer except by wriften agreement. Promo Code INTRA8% Promo Code PLDS8 BellSouth@ Customer Benefit Plus Prdmotion 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, qoncurrently with Customer's enrollment in the Promotion, Customer is signing either a new or renewal BellS04th@ Business Class Family of Services Agreement (the "Services Agreement" ), with a Term of one year or lo~ger, and a MMC of $100 or more. This Promotion cannot be combined with certain other promotions and ca~not 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 surch~rges; 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 Carolin~ and Tennessee. This Promotion is subject to and controlled by the provisions of the Gfverning Document(s) applicable to the Promotion-eligible Services purchased under the Services Agreement.1 Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this Term Sheet by Oustomer 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 ~greement, acknowledging enrollment in this Promotion, no later than June 30, 2004. This Promotion shall appl~ 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 @..USOUTH v 1.1 03/03 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement.