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03-10-05 Special - Item 8
CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor & City Commission FROM: Maria V. Davis City Manager /Ul ORDINANCE DATE: March LA 2005 South Miami All.AmencacilK 2001 r AGENDA ITEM No. RE: Bell Soutb Long Distance Service Contract AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT; AND PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN , CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND AND ANALYSIS This ordinance is in accordance with City Charter stating that "No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by ordinance." The City's long distance provider has been AT &T for many years. Because of new de- regulations in the long distance industry, Bellsouth is now able to provide us with better rates. Bellsarth has provided a study of our cities usage and fees for a comparison of savings. Attached you will find a cost comparison that reflects a potential estimated annual savings of $6,000.00 or $12,000.00 for the contract period of two years. Most of these savings are generated by a monthly "carrier fee" in the amount of $435.60 which AT &T charges, but Bell South does not charge. In accordance with the city's competitive bidding procedures, we will "piggyback" off the City of Miami Beach bid. For billing purposes I am recommending that new long distance pass codes be issued to al users because Bellsouth will provide us with detail monthly bills by user /pass code order. This will allow the city to view calls by user. Bellsouth has assured us that the conversion will be done internally in the system and no one will be affected. Monthly bills will be charged to account 001- 2100 - 519.4120 titled, Non- Departmental communication telephone service as budgeted. This account has a current balance of $36,687.82 RECOMMENDATIONS Commission approval of the ordinance is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT; AND PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with the City of South Miami Charter, Article IV Finance, Section 4. Administration, D. Multi - annual Contracts, "No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by ordinance." WHEREAS, the telecommunications system is an essential element of the City's and Police Departments services; WHEREAS, Bellsouth has provided the city with a study of the long distance service; and WHEREAS, Bellsouth has presented projected estimated savings in the amount of $12,000.00 during the two year term contract; WHEREAS, in accordance with the city's competitive bidding procedures we will "piggy back" off the City of Miami Beach bid; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager be, and hereby is authorized to sign a two year contract, which is attached as exhibit "A," with Bellsouth as the city's long distance provider. Section 2. Monthly bills will be charged to account 001- 2100 - 519.4120 titled, Non - Departmental communication telephone service as budgeted. This account has a current balance of $36,687.82 Section 3. This ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2005. ATTEST: CITY CLERK 1St Reading 2 °d Reading READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: MAR -17 -2004 10:59 IFO TECHNOLOGY DEPT 3056737049 P.03 CITY CAF MIAMI BEAM OtiY HALL 1100 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.M1aNb62Ch! v COMMISSION MFEMORANDUM To: Mayor David Dormer and Dai a: 5eptern6er 10, 200$ Members of the City Commission From: Jorge M. Gonzales City Manager Subject., REQUEST FOR APPROVAL TO AWARD A CONTRACT10 SELLSOUTH FOR LOCAL AND LONG DISTANCE TELEPHONE SERM,GES, PURSUANT TO Bilk NO. 49,-&001 PROViDING CITYWIDE LOCAL AND LONG DISTANCE TELEPHONE'SERVi4ES IN THE ESTIMATED ANNUAL AMOUNT OF $685,000. ADMIINIAT MN RECOMMENDATION Approve the Award. AM.QUNT_rA, y2_FUND NG: $685,000 Account No. 660.1750.000316-(F'Y03/04) A„LYS S; Invitation to Bid No. 49 -02/03 (the "Sid ") Was issued, On,July S, 2003, With an opening date of August 67 2003. BidNet lssued'bid notices;to seven (7)- prospective bidders, Additionally, the Procurement Division sent the bid erinouncement to supplemental bidders either Provided by the Information Technology Department or researched from the intemet, including authorized sales representatives of the major service providers referred to as "Brokers ". The notices resulted -in the receipt of two (2) kids; 'i) SWISauth; and 2) AT & T. Brokers were contacted as to why they elected not to,bitl, and they in turn, provided the fbllowing reasons: 1) we are unable to provide all the,servlces listed in the bld (i.e. local service), 2). we do not have the "footprint" within the Miami area; 3),reoent 00rparate changes resulted' in not enough time to submit a bid; and 4) we specialize in, smaller accounts (i,a, small businesses). The purpose of the Bid is to reduce the City's current annual expenditure for both local and long distance telephone service. The IT department has the expertise required to evaluate the bids and provide a recommendation to,the +City's Adminlstration. Currently, Gladys Acosta, iT Telecommunications Manager, has the professional training which was acquired during her first seventeen years irl the privats sector workforce. Specifically, in the Telecommunications Consulting industry Where she developed advanced applicatlon solutions to enable a seamless integration of complex telecommunidetlon technology, MAR -17 -2004 10:59 !FO TECHNOLOGY DEPT 3056737049 After analyzing both-BellSouth's and AT & T's bids, the Administration, is re commanding the award of a contract to - BellSouth for both local and long' distance telephone service, Said award rrepresents an annual ,cost sevinga to the City of $118,000, which was calculated as follows: Long distance. BellSouth proposed to provide long distance, seivice at an annual cost of $41, 503, which represents a $23,497 annual'cost savings when compared to the current AT & T contract, The City currently pays $65,000 for long distance service with AT +& T. AT & `i proposed a two -year contract at the same'c ost structure as we have today. Phase refer to Attachment 1 for the long distance detail cost comparison. Local service. Bell South's Business Master Agreement (SBMA) and Customer Service Agreement (CSA) provide a oast savings of 131Yo or $06,600 annually -on local service. Additionally, the City will maArnize the benefits of the BBMA contract by receiving'an additional 13% discount on the long distance rates. The discount was applied to the BellSouth long distance costs ilsted above. The term of BellSouth's agreement will be,for four years from the time of award by,ths Mayor and City Commission and may be renewed by mutual agreement, for four (4) additional years, 9—ONCOLUSIOU Based on the analysis of the bids reoelved, It Is recommended that the contract be awarded to BellSouth as the lowest and best bidder, pursuant to Bid No,. 4M2/09, to provide local and long distance telephone services to the City of Miami Beach, in the annual estimated amount of $685,000. PDW :MKR, -GA:GL T.1 AGENDA13003 tsep10031r+aguleABellSouth,doc ,• MAR- 17 -2 004 10%59 JFO TECHNOLOGY DEPT 3056737049 P.02 CITY OF MIAMI BEACH COMMISSION ITEM 'SUMMARY c—w/ Condensed Title: Award a Contract to BellSouth for Local and Long DI$tance Telephone,Services, Pursuant to Bid tJQ. 48- 02103, Providing Citywlde Local and Long Distance Telephone Services In the Estimated Annual Ar ountof $688,000. Issas: Snail the City Commission award a contact t4 BellSouth? Item Summa /Recommandatlon: The purpose of the Bid ie to reduce the City's current annual expenditure for both local and long distance telephone service, After analyzing bath BellSouth's and AT & T's bids, the Adminlstratloh Is recommending the award of a contract to BellSouth for bath local and long d1stanCs telephone service. Said award represents an annual coat savings to the City of $119,000, which was calculated as follows: Long distance; BellSouth proposed to provide long distance service at an annual cost of $41, 503, which represents a $2$,457 annual cost savings when compared to the current AT & T contract. The City currently pays $65,000 for long distance service with'AT & Tr AT & T proposed a two-year contract at the same cost structure as we have today. Pleas, refer to Attachment i for, the long distance datell cost cornparlson. Local service. BellSouth's Suoiness Master Agreement (BBMA) and Customer Service Agreement(C.S4) provide a cost savings of 13% or $96,600 annually on local service. Additionally, the City will maximize the benefits of the BBMA contract by receiving an additional 13% discount on, the long distance rates. The discount was applied to the Sellsouth long distance costs listed above. Ad also Board Recommendation: Financial Information: Source of Funds: Fir tap papt. wuv 4VFP41 WAL. 0041 ..... laeparlrrreht -Director Ass 1plant City Manager City Manegtir MKR CAL PDW T,IA,I::� OAA2MVeseplOO 31donsentiSummery,BellSouth.doc AGENDA ITEM G A DATE '' �W Amount Account Approved 1 $685,000 550.1750.000316 2 3 4 Total wuv 4VFP41 WAL. 0041 ..... laeparlrrreht -Director Ass 1plant City Manager City Manegtir MKR CAL PDW T,IA,I::� OAA2MVeseplOO 31donsentiSummery,BellSouth.doc AGENDA ITEM G A DATE '' �W Exhibit "A" Siebei No. 1- 234445 Bells uth® Business Class Family of Services -Enrollment Form Account Information: Contact - Information; Company Full Legal �usin�ss Name: City of South Miami Gustgmr r Contact Name: Kathy Vazquez Street: 6130 Sunset Drive Customer Contact Phone: 365 -663 -6339 Account Executive: OTeste Salucci City, State, Zip:. South Miami, FL, 33943 Account Exeetxtive Phone: 305- 569 -7288- 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 EnroHme'nt farm; including � related Service order, forms and /or Term Sheets (as defined below), and the following documents, which may be amended by -BellSouth Long gistance, rocs -("BellSouth tong Distance ") and/or BellSouth BSE; <dnc. ("-BSE"), as applicable, from time to time (collectively, the "Governing Documents "): (a). the relevant BellSouth Long Distance Pricing Guides for Services purchased from BellSouth Lang Distance-which.ar-e°not;.,subjectio,- tariff and the BellSouth Long Distance state tariffs, or similar documents required by the state :reg-ufatory - 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:,.Reiay- °Service'.- The-Governing Document applicable t©-BelfSouth Long Distance interstate Services is the BellSouth Long Distance Complex Business Interstate Pricing .Guide, and -the Governing -Document applicableto $Si✓ =.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 th.t it trastate- Services- are provided. The BellSouth Long Distance Complex Business Services Interstate Pricing Guide, the -BellSouth -BSf,: inc. - interstate Pricing Guide;-- and-all -of-tha BellSouth Long .:Distance and BSE. pricing guides are available .i t http: //w Ww. tariffs.net/bsid /index.mv. In addition, copies of all the Governing,:.. Documents are available` - during- .norMafF.bu Long Distance' °s -main office -at- -.' 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. Each Governing Document is hereby incorporated .into -this Enrollment Form by reference. Customer hereby enrolls for a Term of 2 Years. During the Term of this Enrollment Form, Customer hereby agrees that Customer's Minimum Monthly Commitment (" MMC ") shall be $100 of Contributory Service charges; Contributory Service charges for Dedicated - Access' and' Private = ,Line �rivill- 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's MMC are specifically identified in the applicable Governing Documents. If, in any month following a4hree (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 - Enrollment farm 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. Customer Name: City of South Miami Quote #: 040500688 v 4.7 01/04 PRIVATE /PROPRIETARY Gana 1 R Mn f rliar) � - nc� ra nidciria RallCnuth anri rnafinmar mvrant hvwritFran anroamant Siebel No. 1- 234445 These charges are .in addition to any other valid and outstanding Service charges which may be due. This Enrollment form, including the Governing.- 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 Enrollment Form 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- required. the- adailabitity of the-service- componerrtsT e A Party may terminate the Enrollment form upon the other Party's failure to cure a material breach of this Enrollment Form within forty -five (45) days after written notice thereof. Should the BellSouth" Long Distance Calling Card-be included-with this Enrollment- Form, 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. Set forth on Attachment A to this Enrollment Form is a list of select BellSouth rates that apply to the Services ordered hereunder as of the date of this Enrollment Form. 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 Enrollment Farm, 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. In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and /or BSE. This Enrollment Form 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 Enrollment Form is signed by tide 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 Enrollment Form, 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) Customer Name: City of South Miami Quote #: 040500688 v 4.7 01/04 PRIVATE/PROPRIETARY Onna.9 of 4 Nn rlicrincnra miteirla RallAntith and Pimfnmar avnanf by writtan anraamant 1 Siebel No. 1- 234445 to this Enrollment Form by Customer shall render this Enrollment Form null and void. City of South Miami Signature; Printed Name: Title: Date: @1 BEUSOUTH Customer Name: City of South Miami Quote #: 040500688 v 4.7 01/04 PRIVATEIPROPRIETARY Pana'A of R Mn rlierinciira nedmi`la Ra11.4nnfh anrf Pi efnmar avrant Mr wriffan nnraamant ATTACHMENT A (Partial List of Applicable Service Rates and Charges) Customer Name: City of South Miami Minimum Monthly Commitment: $100 Term Length: 2 Years Voice Service. Applicable Discounts,(Term/Volume & Promotions) Interstate Switched TN Discount: 16% Intrastate. TN Discount .6°! Dial DirectlVPN /Calling Card International TN Discount: 2% Effective Rates per Minute (after all Term/Volume and Promotion Discounts have been applied) t A Dial Drr�cl: Interstate $0.0707 - I��t c�sfat Florida $0.0799 "n ;. Interr�ateor'al USA - Canada $0.0773 sto er Name City of South Miami Q :040500688 PRIVATE/PROPRIETARY Nn rlicrinciera nideiria Rali.4mifh nnriruefnmar avranf by wriffan anraamanf r.. C� I ���n� � �� r bi. +_re- ��`'f ��� Can 1 call around the world with 'BellSouth? With BellSouth' Dial Direct Service, you can make long distance calls across the state, across the nation or to over 200 countries .around the world. Across the state, across the country and around the world, you can call anywhere serviced by direct distance dialing - and manage your outbound calling -with BellSouth Dial Direct Service. You can set up project account codes on individual telephone numbers or trunk groups. For further security, you can have project account code entries automatically verified against an authorized list at the time the call is placed to Dial`Direct helps you control the cost of outbound re ry ensu the ent is valid. long distance. You can track expenses, manage Some project account code examples: charge -backs and control calling access for a single telephone line or your entire business. • A law firm bills the cost of long distance calls Flexible billing plans accommodate multiple and made on behalf of a client by using hierarchical invoices that can trim administrative case numbers as account codes. Only valid overhead. You get BellSouth service and case numbers are-accepted. reliability, all at a competitive price. • A dental office allows its staff to place personal You can also have the convenience of single- long distance calls from work and bills the calls source reporting, billing and support integrated back to the employees. with other long distance services provided by • A shipping firm charges a cost center for calls BellSouth, from inbound calling and customized placed from that department call routing to data services and management Choose the Access You Need tools: Powerful Calling Controls Let You Manage BellSouth Dial Direct Service makes it easy to Outbound Calling configure outbound access for individual telephones and PBXs. You can choose switched Our Dial Direct Service provides these calling access for locations with low long distance traffic control capabilities: or use dedicated access to accommodate sites • Project Account Codes.- Verified with heavy calling. You can also combine Dial Direct Service with toll -free or data service on an • Project Account Codes - Non Verified open, 24- channel DS1 connection. • Project Account Codes - Departmental Project Account Lodes Track Outbound Usage By choosing to use a project account code option, a user enters a code before his or her call is :onnected. Project account codes prohibit mauthorized long distance use and prevent long listance abuse. With project account code •eports, you can charge calling costs to individual :ost centers, projects, clients or employees. Can 1 call around the world with BellSouth? With BellSouth`d Dial Direct Service, you can make long distance calls across the state, across the nation or to over 200 countries around the world. Let BellSouth Deliver Your Outbound includes BellSouth' Dial Direct Service, BellSouth' Calling Management Solution Toll -Free service, BeflSouth' long Distance Private BellSouth Dial Direct Service options are available Line Service, BellSouth' Long Distance Frame as stand -alone services or as part of the Relay Service, BellSouth' Long Distance ATM BellSouth' Business Class Family of Services, which Service and BellSouth' Dedicated Access Service. N..wnber 1.2002 ABC C.. I—k. 184100033 A.—d 36641473 Pepe 20.124 Service Detail - Outbound Switched ABC Ca 123456 Prlmary/we.unt, Name P,.d.cb 148325675 C0W wkh.ul ",I Cade 307.16313807 Dais Time. Celktl Nsnber 'CMy, Slab Min:S.. Ch. paa 5%199. 8268 322458 -7245 X503452.1245 Pants. OR 1:00 S_ 511108 224P PO—k NJ 130 S,nK 611/99 'N:15P 5026SS4212 W.WDa, KY 19p %,nq 58199 1222P 503452.1245 Rah k NJ 4:30 S)Ot Uftl- S 703.3634907 4 8:40 Sy ..303 - 222 -SUB Dais Tm0 C.Had NUnber CIIy, Sae M.S_ Clwp a 5N/8B 8260 703452.1245 AAnpl.n. VA IM 5- 5M/99 '224P SW452 -1245 May— WY 1:50 S]O[ Sn/B9 17:15P 6675551212 P_. U7 100 S.fa 62499 1222p 965452-1246 SI.. F.06. SD Cap 1[l9f TObI_ft3D3- =.98B. 4 BAD Sz.1s Prgem.od.: B9knp Daft Tme Caln N-bar Cured N—b r 0146 Stab ►OrtS. CN". 511/98 8260 30338041007 703555.1212 AftptmYA 190 S_ Srl/99 2240 30339MM SO455S1212 C*.—. WY 130 Sh/99 11:15P 30339 -ODS 6675551212 Pn.v., U1 1.90 S,pf sm" 1222p 703 3906004 954652.1245 SI.la Fella. SD 430 TW.I.alk Bmlryl 4 B:40 S n:.tOt r• Ph 148375676 Prcq.CI..d.: P— Date - Tene Calnp Numbar. Caged Nmber Cft Suds WucSec Cho US 3m 3904DOI 322 5551212 PoNand. OR 1:00 S 30339"D92 5026551212 I_P"RY 130 I26P 7033904003 @0�12:22bp 502555-1212. LauiaWIe, NY 136 30339000D4 703152 -1245 R*—h. NJ 4:36 .ak Pinson 4. BAO j E 1eyard:P - Pryphomn0 S O --C a96 l I B Soft PGyphnand OParsl.raaslaletl n3 f C� BELLSOUTH listening. Answering' c Z > O m 0 o cn o co o Q ry+ y � N m N gyj < � N G W W o m Cl) O N o 7 < N � N > n d 3 c 3 0 a a 0 c m n 0 3 3 m 0 0 o cn o co o w o� A eo o en t Siebel No. 1- 1BYIXU BellSouth® Business Class Family of Services Enrollment Form Account Information- Contact Information: City of Miami Beach PD Company Name: a Customer Contact Name: Gus Lopez CPPO 1700 Convention Center Street: Drive Customer Contact Phone: 305- 673 -7494 Account Executive: Elena Cordal City, State, Zip: Miami Beach, FL, 33139 Account Executive Phone: 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 Enrollment Form, including related Service order forms and /or Term Sheets (as defined below), 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, Each Governing Document is hereby incorporated into this Enrollment Form by reference. Copies of the Governing Documents are available in part at www.tariffs.net/bsld /index.mv or during normal business hours, at BellSouth tong Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346, The BellSouth. Long Distance Services; as specifically defined in the applicable Governing Documents, currently include: BellSouth® Dial Direct Service, BellSouth® Toll -Free Service, BellSouth® Long Distance Voice VPN, BellSouth® Long Distance Calling Card, BellSouth® Long Distance Dedicated Access Service ( "Dedicated Access"), BellSouth® Long Distance Private Line Service ( "Private Line "), BellSouth® Long Distance ATM Service, and BellSouth® Long Distance Frame Relay Service. BSE provides a local frame relay service, BSE Frame Relay Service. The BellSouth® Long Distance Calling Card, if included with this Agreement, is provided to you as an alternative means of placing BellSouth Long Distance calls. In some instances, a BellSouth Long Distance Calling Card call could utilize a long distance carrier other than BellSouth Long Distance. Upon BellSouth® Long Distance Calling Card call initiation, should the Customer NOT hear "Welcome to BellSouth Long Distance ", another carrier, at their rates, will carry the call. The following apply when using the BellSouth® Long Distance Calling Card: • 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 enrolls for a Term of 4 Years. During the Term of this Enrollment Form, Customer hereby agrees that Customer's Minimum Monthly Commitment ( "MMC ") shall be $1,000 of Contributory Service charges. ® BELLSOUM v 4.0 04/03 PRIVATE/PROPRIETARY Page 1 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1- 1BYIXU 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'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 Enrollment Form 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. To the extent permissible under applicable law, regulation or tariff, this Enrollment Form, including the Governing Documents and 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 Agreement 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. The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) the BellSouth Telecommunications, Inc. service area; and (b) locations outside of the BellSouth Telecommunications, Inc. service area ( "Independent Territory") where BSE has a meet -point agreement in place with a network provider in the Independent Territory. In all other circumstances, the entire frame relay service will be provisioned as BellSouth® Long Distance Frame Relay Service, and the pricing for such service shall be as stated in the relevant Governing Document(s): Customer hereby (a) enrolls in the following Promotions, Plans, Waivers, and /or Dedicated Access Service (b) acknowledges receiving the term sheet ( "Term Sheet ") for each such Promotion, Plan, Waivers, and /or Dedicated Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference, and (c) agrees to be bound by the terms and conditions contained therein. • Dedicated Access Install Waiver • Flat Rate Dedicated Access 11 plan DSO • Flat Rate Dedicated Access 11 plan DS1 • Flat Rate Dedicated Access 11 plan DS3 • Dedicated Access ACF /COC Plan • Total Voice Plus Promotion The standard rates set forth in Attachment A shall apply to Services ordered hereunder and such rates are subject to change in accordance with the terms and conditions set forth in the applicable Governing Document(s) for such Service. By executing this Enrollment Form, Customer grants a Letter of Agency to BellSouth tong Distance to act on Customer's behalf to order access services necessary to connect the Services to Customer. This agency BEUSO H v 4.0 04/03 PRIVATE/PROPRIETARY Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. I Siebel No. 1 -1 BYIXLI authorization includes, without limitation, the removal, addition to or rearrangement of such access services. In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and /or BSE. This Enrollment Form 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 Enrollment Form 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 modifl tion s), interlineation(s), addition(s) supplement(s) and /or other change(s) to this Enrollment Form by Cus n r nder this Enrollment form null and void. City of Miami Beach D D d Signature: Printed Name: vial Dermer Title, Mayor Dater Rctobe 2003 ATTEST. I(If�AWL 1A4c Robert Parcher, City Clerk BellSouth Lon istance Signature , / Printed Name alf} M- .I��Ci'i /��1� Title �it, (G S /0 � [ CIL Date / 3 4 Q.3 APPROVED AS TO FORM & LANGUAGE FOR EXECUTION L_S..0 Ci A mey Date v 4.0 04/03 PRIVATE/PROPRIETARY Page 3 of 3 No disclosure outside BellSouth and customer except by written agreement. O BELLSOLff i Siebel No. 1- 1BYIXU BeIlSouth® Business Class Family of Services Enrollment Form Account Information;, Contact Information: Cit of Miami Beach LD Company Name: Swi c ie8"'°°w Customer Contact Name: Gus Lopez CPPO Street: 1700 Convention Ctr Drive Customer Contact Phone: 305- 673 -7490 Account Executive: Elena Cordal City, State, Zip: Miami Beach, FL, 33139 Account Executive Phone: 305- 673 -7490 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 Enrollment Form, including related Service order forms and /or Term Sheets (as defined below), 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. Each Governing Document is hereby incorporated into this Enrollment Form by reference. Copies of the Governing Documents are available in part at www. tariffs. net /bsld /index.mv or during normal business hours, at BellSouth Long Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. The BellSouth Long Distance Services, as specifically defined in the applicable Governing Documents, currently include: BeIlSouth® Dial Direct Service, BellSouth" Toll -Free Service, BellSouth® Long Distance Voice VPN, BeIlSouth® Long 'Distance Calling Card, BellSoutho Long Distance Dedicated Access Service ( "Dedicated Access"), BeIlSouth® Long Distance Private Line Service ( "Private ,Line "), BeIlSouth® Long Distance ATM Service, and BeIlSouth® Long Distance Frame Relay Service. BSE provides a local frame relay service, BSE Frame Relay Service. The BellSouth" Long Distance Calling Card, if included with this Agreement, is provided to you as an alternative means of placing BellSouth Long Distance calls. In some instances, a BellSouth" Long Distance Calling Card call could utilize a long distance carrier other than BellSouth Long Distance, Upon BellSouth" Long Distance Calling Card call initiation, should the Customer NOT hear "Welcome to BellSouth Long Distance ", another carrier, at their rates, will carry the call. The following apply when using the BellSouth" Long Distance Calling Card. • 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 enrolls for a Term of 4 Years. During the Term of this Enrollment Form, Customer hereby agrees that Customer's Minimum Monthly Commitment ( "MMC ") shall be $500 of Contributory Service charges. ® BELLSQt UH v 4.0 04103 PRIVATE /PROPRIETARY Page 1 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1 -1 BYIXU 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'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 Enrollment Form 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 due. To the extent permissible under applicable law, regulation or tariff, this Enrollment Form, including the Governing Documents and 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 Agreement at any time to a parent, subsidiary, subsidiary of its parent or any of its or its parents affiliates. All Services provided hereunder are offered subject to the availability of the service components required. The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) the BellSouth Telecommunications, Inc. service area; and (b) locations outside of the BellSouth Telecommunications, Inc. service area ("Independent Territory") where BSE has a meet -point agreement in place . with a network provider in the Independent Territory. In all other circumstances, the entire frame relay service will be provisioned as BellSouth® Long Distance Frame Relay Service, and the pricing for such service shall be as stated in the relevant Governing Document(s). Customer hereby (a) enrolls in the following Promotions, Plans, Waivers, and /or Dedicated Access Service (b) acknowledges receiving the term sheet ( "Term Sheet ") for each such Promotion, Plan, Waivers, and /or Dedicated Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference, and (c) agrees to be bound by the terms and conditions contained therein. • Total Voice Plus Promotion The standard rates set forth in Attachment A shall apply to Services ordered hereunder and such rates are subject to change in accordance with the terms and conditions set forth in the applicable Governing Document(s) for such Service. By executing this Enrollment Form, 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. In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth. Long Distance and /or BSE. This Enrollment Form 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 Enrollment Form 08,7 SELLSOMH v 4.0 04/03 PRIVATE/PROPRIETARY Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1- 1BYIXU 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 modific n( ), in erlineation(s), addition(s) supplement(s) and /or other change(s) to this Enrollment Form by Cust r s I r rider this Enrollment Form null and void. City of Miami Beach L Sw Signature: Printed Name: id Dermer Title: Mayor Date: 0 tober 7, 2003 ATTEST A,( Name /Title: Robert Parcher, City Clerk BellSouth Lon istance Signature Printed Name Title G Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Attomey( , \V Date P ' @ BELLSOL" v 4.0 04/03 PRIVATE/PROPRIETARY Page 3 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1- 16YIXU BellSouth® Business Class Family of Services Enrollment Form Account Information: Contact Information: City of Miami Beach City Hall Company Name: a Customer Contact Name: Gus Lopez Street: 1700 Convention Center Customer Contact Phone: 305 -673 -7490 Account Executive: Elena Cordal City, State, Zip: Miami Beach, FL, 33139 Account Executive Phone: 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 Enrollment Form, including related Service order forms and /or Term Sheets (as defined below), 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. Each Governing Document is hereby incorporated into this Enrollment Form by reference. Copies of the Governing Documents are available in part at www. tariffs .net /bsid /index.mv or during ;normal business hours, at BellSouth Long Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. The BellSouth Long Distance Services, as specifically defined in the applicable Governing Documents, currently include BellSouth Dial Direct Service, BellSouth Toll -Free Service, BeIlSouth® Long Distance Voice VPN, BeIlSouth® Long Distance Calling Card, BellSouth Long Distance Dedicated Access Service ( "Dedicated Access "), BeIlSouth® Long Distance Private Line Service ( "Private Line "), BellSouth Long Distance ATM Service, and BellSouth Long Distance Frame Relay Service. BSE provides a local frame relay service, BSE Frame Relay Service. The BellSouth! Long Distance Calling Card, if included with this Agreement, is provided to you as an alternative means of placing BellSouth Long Distance calls. In some instances, a BeIlSouth® Long Distance Calling Card call could utilize a long distance carrier other than BellSouth Long Distance. Upon BeIlSouth® Long Distance Calling Card call initiation, should the Customer NOT hear "Welcome to BellSouth Long Distance "; another carrier, at their rates, will carry the call. The following apply when using the BeIlSouth® Long Distance Calling Card; 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 BeIlSouth® 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 enrolls for a Term of 4,Years, During the Term of this Enrollment Form, Customer hereby agrees that Customer's Minimum Monthly Commitment ( "MMC ") shall be $1,000 of Contributory Service charges. _ 0 BELLSOUTH v 4.0 04103 PRIVATE/PROPRIETARY Page 1 of 3 No disclosure outside BellSouth and customer except by written agreement. Siebel No. 1- 1BYIXU 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'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 Enrollment Form 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. To the extent permissible under applicable law, regulation or tariff, this Enrollment Form, including the Governing Documents and 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 Agreement at any 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. The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) the BellSouth Telecommunications, Inc. service area; and (b) locations outside of the BellSouth Telecommunications, Inca service area ( "Independent Territory°) where BSE has a meet -point agreement in place with a network provider in the Independent Territory. In all other circumstances, the entire frame relay service will be provisioned as BellSoutho 'Long Distance Frame Relay Service, and the pricing for such service shall be as stated in the relevant Governing- Document(s): Customer hereby (a) enrolls in the following Promotions, Plans, Waivers, and /or Dedicated Access Service (b) acknowledges receiving the tern sheet ( "Term Sheet ") for each such Promotion, Plan, Waivers, and /or Dedicated Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference, and (c) agrees to be bound by the terms and conditions contained therein. • Dedicated Access Install Waiver • Flat Rate Dedicated Access If plan DSO • Flat Rate Dedicated Access 11 plan DS1 • Flat Rate Dedicated Access II plan DS3 - • Dedicated Access ACF /COC Plan • Total Voice Plus Promotion The standard rates set forth in Attachment A shalt apply to Services ordered hereunder and such rates are subject to change in accordance with the terms and conditions set forth in the applicable Governing Document(s) for such Service. By executing this Enrollment Form, 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. aQ BEUSOCiM v 4.0 04/03 PRIVATE /PROPRIETARY Page 2 of 3 No disclosure outside BellSouth and customer except by written agreement. i Siebel No. 1- 1BYIXU In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and /or BSE. This Enrollment Form 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 Enrollment Form 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 nailing card. For purposes of this CPA, a "Service Component' shall mean a Service port, PVC, pr' ate line, dedicated access circuit, packet service line, PIC Change, or activation of calling card. Any modific io (s), interlineation(s), addition(s) supplement(s) and /or other change(s) to this Enrollment Form by Cus me I en r this Enrollment Form null and void. City of Miami Beach i H ated Signature. Printed Name. D i Title: Mayor Date. October 7, 2003 ATTEST. :((A Rdbert Parches, City Clerk BellSouth LOA-Ciistancqf Si nature Printed Name /3 / Title �/� /CrS Nlft"��GelL Date R -3 O - ® 3 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 7i"AwttomeXV Date BELLS v 4.0 04/03 PRIVATEIPROPRIETARY Page 3 of 3 No disclosure outside BellSouth and customer except by written agreement.