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Res. No. 225-09-13034RESOLUTION NO. 225-09-13034 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTRANET CONNECTION: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AT &T SERVICES FOR THREE -YEAR LEASE TO UPGRADE THE INTRANET SERVICE AT CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION; AND CHARGING THE MONTHLY FEES OF $2,250.00 FOR METRO ETHERNET SERVICE, IOMG FOR CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION, TO ACCOUNT NUMBER 001 - 1340 -513 -4632, ENTITLED LEASE PURCHASE INTRANET EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to provide enhanced information to the citizens of South Miami, the Mayor and City Commission desires to upgrade the Intranet System, keeping pace with changes necessary for better speed and capability: WHEREAS, the upgrade will result in better Intranet speed connection for City Hall, Public Works and Parks and Recreation; WHEREAS, the change will result in upgrading the Bandwidth from 256Kb to IOMg; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Manager is hereby authorized to enter into a three -year lease agreement with AT &T needed for the upgrade. Section 2. That the monthly payment in an amount of $2,250.00 will be charged to account number 001 - 1340 -513 -4632, entitled Lease Purchase Intranet Equipment and Software, with a current balance of $47,691.69 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 8 thday of December, 2009. ATTEST: APPROVED: CITY CLERK- MAYOR READ N APPROVED A T FORM: COMMISSION VOTE: 4 -0 t Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea 7 ATTORNEY Commissioner Newman: Yea Commissioner Sellars: absent South Miami U_U CITY OF SOUTH MIAMI ;Mmeeca f OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the Commission Date: Dece ,Aber Ol, 2009 Via: Roger M. Carlton, Acting City Manager From: Gremaf Reyes! MIS Manager Uv Agenda Item No.:, Subject: Lease Agreement with AT &T for 36 month to upgrade our Intranet Speed Connection Ordinance: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTRANET CONNECTION: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AT &T SERVICES FOR THREE -YEAR LEASE TO UPGRADE THE INTRANET SERVICE AT CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION; AND CHARGING THE MONTHLY FEES OF $2,250.00 FOR METRO ETHERNET SERVICE, IOMG FOR CITY HALL, PUBLIC WORKS AND PARKS AND RECREATION, TO ACCOUNT NUMBER 001 - 1340 -513 -4632, ENTITLED LEASE PURCHASE INTRANET EQUIPMENT; PROVIDING FOR AN EFFECTIVE DATE. Reason: During the past year, we have encountered problems trying to keep the Intranet Connection for our City Hall, Public Works and Parks and Recreation with out interruptions. The reason is because there is not enough Bandwidth in our current Intranet Connection and we are experiencing serious complaints that the service is very slow. The proposed changes will increase our. Bandwidth from 256Kb to IOMg. The proposed upgrade will give us the means for a better Intranet speed connection between City Hall, Public Works and Parks and Recreation. The current price is $2,808 per month. The new price $ 2,250 per month which is a reduction of $558 per month or $6,686 per year. This resolution is the result of over eight months of outfitting the City Hall building for Metro Internet and negotiating with AT &T. These budgeted expenses will be funded from MIS department's account number 001 - 1340 -513 -4632 with current balance of $47,691.69 Cost: Monthly cost of $2,250 Funding Source: Account 001 -1340 -513 -4632 Backup Documents: Proposed Resolution and AT &T MCI Contract Service Arrangement Agreement Case NumberFL09- 7362 -00 This Contract Service Arrangement (CSA) Agreement ("Agreement') is by and between BellSouth Telecommunications, Inc. d/b /a AT &T Florida, ( "Company ") and City of South Miami ("Customer" or "Subscriber"). 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. I. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement 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. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 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. Except for the expressed rates, charges, terms and conditions herein and except as otherwise provided in Section 13 below, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate 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 this Agreement 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. 7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to 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 the tariff or stated elsewhere in this Agreement, Page 1 of 8 AT &T and Customer Confidential Information at &t Contract Service Arrangement Agreement Case Number FL09- 7362 -00 termination charges are defined as fifty percent (50 %) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than Company and that it has chosen Company to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of Company 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. Comnany BellSouth Telecommunications, Inc. d /b /a AT &T Florida Assistant Vice President 701 Nortbpoint Parkway, #400 West Palm Beach, FL 33407- Subscriber City of South Miami 6130 SUNSET DR SOUTH MIAMI, FL 33143- 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. 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 imenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Page 2 of 8 AT &T and Customer Confidential Information a1; &t Contract Service Arrangement Agreement Case Number F1.09- 7362 -00 13. Customer and Company acknowledge and agree that to the extent the Service provided under this Agreement is deregulated or de- tariffed by operation of law, regulation, or otherwise, all references in this Agreement to "BellSouth General Subscriber Services Tariff', `BellSouth tariffs", "BellSouth's lawfully filed tariffs", or any other reference to BellSouth's tariffs on file with the Public Service Commissioner(s) of the applicable state or states shall be deemed reference to the terms set forth in this Agreement, as well as the Service Descriptions and Price Lists and the BellSouth Service Agreement, all of which can be found at the link found at www.att.com /servicepgblications, all incorporated herein by reference as if fully included herein. Customer agrees such deregulated or de- tariffed Service shall be provided in accordance with the terms and conditions set forth in this Agreement, the Service Descriptions and Price Lists for each applicable state or states and the BellSouth Service Agreement found at the link above. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms and conditions set forth in the body of this Agreement shall govern. 14. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions including all terms set forth in the Service Descriptions and Price Lists found at www.att.com/sgr-vicV blications, as applicable. Customer further agrees that this Agreement and any attachments hereto, constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Agreement. Page 3 of S AT &T and Customer Confidential Information at &t Contract Service Arrangement Agreement Case Number FI09- 7362 -00 Option 1 of 6 Offer Expiration: This offer shall expire on: 2/5/2010. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides BellSouth® Metro Ethernet service. This Agreement is for thirty -six (36) months. Under this Agreement, the service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. Customer agrees to hold the Company harmless, and to indemnify and defend the Company from any and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable regulatory requirements. This Agreement shall be extended for additional one -year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one -year term. Page 4 of 8 AT &T and Customer Confidential Information �t &f Contract Service Arrangement Agreement Case Number FL09- 7382 -00 Option 1 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duty authorized representatives oil the dates set forth below. Accepted by: Subscriber: City of South Miami �_ ,► By:���� -�— Authorized Signature p Printed Name:���� Title: Achh�{Ct1�( er Date: Company: BellSouth Telecommunications, Inc. d,'b /a AT&T �By: _��Zri/J Authorized Signature Printed Name: i��� 1✓ Y" _____.. Title: Date: Page 5 of 8 AT &T and Customer Confidential Information Contract Service Arrangement Agreement RATES AND CHARGES Rate Elements BellSouth® Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Fixed Mode Metro Ethernet Reporting Charge, per connection Non - Recurring $.00 $.00 Page 6 of 8 AT &T and Customer Confidential Information Case Number FL09- 7362 -00 Option 1 of 5 Monthly Rate USOC $750.00 MTEP3 $8.00 CNMME 0 aw Contract Service Arrangement Agreement Case Number FL09- 7362 -00 Option 1 of 5 RATES AND CHARGES NOTES: if facilities do not exist, special construction charges may apply. All rules and regulations found in the BellSouth® Metro Ethernet tariff are applicable to this CSA. In the event that a material change in Subscriber's business conditions jeopardizes Subscriber's ability to perform the terms and conditions stated herein, then Company and Subscriber both agree to make a good faith attempt to renegotiate any unfavorable term or condition. No change, amendment or modification to this agreement may be made without the mutual, prior and written consent of both parties and shall be consistent with the provisions of all applicable tariff(s). These rates and charges are only valid if the Customer is served from a central office equipped for BellSouth@ Metro Ethernet service, or can be extended to a central office equipped for BelISouthV Metro Ethernet service. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability. WGGVF- Contract Preparation Charge $ 388.00 MTEBA $1,000.00, each MTEBB $1,500.00, each MTEBC $2,000.00, each MTEP3 $1,000.00, each MT)3P4 $1,250.00, each MTEP5 $1,250.00, each MTEP6 $1,500.00, each MTEP7 $1,750.00, each MTEP8 $1,750.00, each MTEPT $1,750.00, each MTEAI $1,500.00, each MTEB2 $2,000.00, each MTEA3 $2,500.00, each MTEA5 $1,500.00, each MTEA6 $2,000.00, each MTEA7 $2,500.00, each MTEA8 $3,000.00, each MTEAO $1,000.00, each MTEBO $1,000.00, each MTEBI $1,000.00, each MTEB2 $1,000.00, each MTEPO $1,000.00, each MTEPi $1,000.00, each MTEP2 $1,000.00, each All trademarks and service marks contained herein are owned by AT &T Intellectual Property and/or AT &T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 7 of 8 AT &T and Customer Confidential Information at &t Contract Service Arrangement Agreement Page 8 of 8 AT &T and Customer Confidential Information Case NumberFL09- 7362 -00 Option 1 of 5 MIAMI DAILY BUSINESS REVIEW PebE,W paYy.,e] Selordny. Sunday aM LoaW Hditloya Miami. MIaeMAade County. f tondo STATE OF FLORIDA COUNT`( OF MIAMWADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review gets Miami Review, a daily (except Saturday, Sunday and Legal Holiday$) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING AND DATE CHANGE In the XXXX Court, was published In said newspaper in the Issues of t i 2712009 APoant further says that the said Miaml Dally Business Review is a newspaper published at Miami in said MlamiDade County, Florida and Nat the said newspaper has heretofore been continuously published in said Miami-Dada40ounty. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a priori of one year no# preceding the first publication of the attached copy of Advertisement; and agent further says that he or she has neither paid nor promised my person, firm or corporation any discount .bat , mission or refund for the purpose of sectrin crouton In the said oawffipaport /�_ Swam to and subscribed before ore this 27 a MSE13 . 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