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98-22622 RESO RESOLUTION NO. 98-22622 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO BELLSOUTH FOR ENHANCED SWITCHING SYSTEM EXCHANGE (ESSX) SERVICE AND MAINTENANCE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT. WHEREAS, BellSouth currently provides local phone service to outlying City Departments via BellSouth's "Enhanced Switching System Exchange" (ESSX) service; and WHEREAS, these departments include Fire, Sanitation, Parks and Recreation, Property Management, Fleet Management, and Beach Patrol. WHEREAS, the ESSX systems which the City currently has in operation are under a contract that expired on December 23, 1997; and WHEREAS, the systems serve the Beach Central OffIce, with approximately four hundred and forty-fIve (445) stations and the Indian Creek Central OffIce, with fIfty-two (52) stations; and WHEREAS, BellSouth has provided the service satisfactorily for the past ten (10) years; and WHEREAS, the ESSX tariff was made obsolete last year and replaced with a MultiServ tariff; and WHEREAS, were the City to convert to this tariff, the monthly cost would increase substantially; and WHEREAS, BellSouth fIled for a Custom Service Arrangement for MultiServ (CSA#SF97- 6381-00) to provide better pricing in recognition for the length of time the service has been in; and WHEREAS, the only charge to convert is a three hundred and fifteen dollar ($315) contract preparation charge; and WHEREAS, the City and BellSouth have negotiated the attached contract for fIve years that will reduce the City's monthly rate from $12,026 to $11,453; and WHEREAS, awarding this contract to BellSouth will allow the City to maintain ESSX Service and Maintenance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached contract with Bellsouth for Enhanced Switching System Exchange (ESSX) service and maintenance. f~ PASSED and ADOPTED this 7th day of January, 1998. ATTEST: 1\ 0 luA. ~ ~ CiA cb- CITY CLERK APPROVED AS TO FORM & LAN & FOR &:va- GUAGE ~CllTION -&lNdL- J~ Morney - o 8 ?!111 MAYOR ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .lp: \\ci. miami-beach. fl. us COMMISSION MEMORANDUM NO. 3 - 9 <6 TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: January 7, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Awarding a Contract to BeIISouth for Enhanced Switching System Exchange (ESSX) Service and Maintenance and Authorizing the Mayor and City Clerk to Execute the Contract. ADMINISTRATION RECOMMENDATION To authorize the award and execution of the contract. FUNDING Funding is available from the Information Technology Internal Services Fund. BACKGROUND BellSouth currently provides local phone service to outlying City Departments via BellSouth's "Enhanced Switching System Exchange" (ESSX) service. These departments include: Fire, Sanitation, Parks and Recreation, Property Management, Fleet Management, and Beach Patrol. The ESSX systems which the City currently has in operation are under a contract that expired on December 23, 1997. The systems serve the Beach Central Office with approximately four hundred and forty-five (445) stations and the Indian Creek Central OffIce with fifty-two (52) stations. BellSouth has provided the service satisfactorily for the past ten (10) years. The ESSX tariff was made obsolete last year and replaced with a MultiServ tariff. If the City converted to the new Multiserv tariff, the monthly cost would increase substantially. BellSouth, therefore, prepared a "Custom Service Arrangement for MultiServ" (CSA#SF97-638l-00) to offer the City better pricing. The only charge to convert is a three hundred and fifteen dollar ($315) contract preparation charge. BellSouth has prepared a contract for fIve years that will reduce our monthly rate from $12,026 (current rate) to $11,453. AGENDA ITEM C {A DATE I-"l-qi CONCLUSION The City Commission should adopt the attached resolution awarding a five-year contract with BellSouth for Enhanced Switching System Exchange (ESSX) Service and Maintenance and authorizing the Mayor and City Clerk to execute the attached contract. I d:. fk SR:~:PK Attachment CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-638l-00 This Special Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and City of Miami Beach ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. 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. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions described in the Attachment(s) 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. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services. 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. The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs. 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 the Attachment(s) 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 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 tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by Company and Subscriber and set forth in the Attachment(s). CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 7. (b) Subscriber further acknowledges that it has options for its telecommunication services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, Subscriber agrees that in the event it transfers its services to an alternative local service provider, such transfer shall be deemed a termination of this Agreement and BellSouth shall bill Subscriber all appropriate termination charges applicable to a termination of the 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. Company BellSouth Telecommunications, Inc. Assistant Vice President 7650 NW 19 St suite 600 Miami, FL 33126 Subscriber City of Miami Beach 11 00 Washington Ave Miami Beach, FL 33139 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 unenforceability and the remainder of this Agreement shall continue in full force and effect. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-638l-00 Option 1 of2 This rate is valid through: 3/1 0/98. Estimated service interval following acceptance date: 4 weeks. Service description: Contract Service Arrangement to provide MultiServ PLUS* service. 6O-month payment plan with a minimum service period of 5 years (Notes: 1,2,3). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of Miami Beach ATTEST: By: Title: Neisen Kasdin, Mayor ~} r QAJw.. Robert Parcher, City Clerk Date: By: ~~CL Title: Assistant Vice President Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (l/2?47 Date ( CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 Option 1 of 2 Subscriber City of Miami Beach Attachment 1 Page 1 The following Rate Sheets include the rate elements that have been specifically discounted. Other rate elements that are used in the provision of the service have not been listed but can be found in the appropriate BellSouth tariff. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97 -6381-00 Option 1 of2 RATES AND CHARGES Rate Element N on- Recurring Monthlv Rate USOC 1. MultiServ PLUS* service, Station Links, Flat $.00 $5.00 M4LFA Rate (A) Each 2. MultiServ * service Bridged Links, Located $.00 $5.00 M1FNX on different premises from main station line on non-continuous property (a) Each (Note: 4) 3. MultiServ* service, 5ESS Feature Group, per $.00 $4.15 MlM53 main station line, Feature Group 3 (a) Each 4. MultiServ* service, 5ESS Feature Group, per $.00 $4.15 M1M59 main station line, Feature Group 9 (a) Each 5. MultiServ* service, lAESS Feature Group, $.00 $4.15 M1M12 per main station line, Feature Group 2 (a) Each 6. MultiServ* service, lAESS Feature Group, $.00 $4.15 M1M13 per main station line, Feature Group 3 (a) Each 7. Contract Preparation Charge $315.00 $.00 (A) Per arrangement NOTES: 1. Rates, charges, terms and conditions will apply as specified in A12.20 and A12.21 of the GSST for all MultiServ Plus features not listed herein. 2. The rates and charges for Network Access (NAR) and end user common line charges (CALC) are in addition to the rates and charges listed herein. 3. The terms and conditions for MultiServ Plus as specified in A12.20 and A12.2l apply for all features listed herein. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 Option 1 of 2 RATES AND CHARGES NOTES: 4. Only one Bridged Link or Extended Bridged Link is allowed per main station line. END OF ARRANGEMENT AGREEMENT OPTION 1 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 Option 2 of 2 This rate is valid through: 3/1 0/98. Estimated service interval following acceptance date: 4 weeks. Service description: Contract Service Arrangement to provide MultiServ PLUS. service. 36-month payment plan with a minimu service period of 3 years (Notes: 1,2,3). eN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: City of Miami Beach By: Authorized Signature Title: Date: '. , Company: BellSouth Telecommunications, lnc.. By: Authorized Signature Title: Assistant Vice President f Date: , CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 Option 2 of 2 Subscriber City of Miami Beach Attachment 1 Page 1 The following Rate Sheets include the rate elements that have been specifically discounted. Other rate elements that are used in the provision of the service have not been listed but can be found in the appropriate BellSouth tariff. \: \ " T CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-638l-00 Option 2 of 2 RATES AND CHARGES Rate Element Non-Recurring Monthly Rate USOC \. MultiServ PLUS'" service, Station Links, Flat $.00 Rate (A) Each $5.50 M4LFA 2. MultiServ '" service Bridged Links, Located on $.00 different premises from main station line on non-continuous property (a) Each (Note: 4) $5.50 MIFNX 3. MultiServ'" service, 5ESS Feature Group, per $.00 main station line, Feature Group 3 (a) Each $6.00 MIM53 4. MultiServ'" service, 5ESS Feature Group, per $.00 main station line, Feature Group 9 (a) Each $6.00 MlM59 5. MultiServ* service, lAESS Feature Group, per main station line, Feature Group 2 (a) Each $.00 \.- \ $6.00 MlM12 6. MultiServ* service, lAESS Feature Group, per main station line, Feature Group 3 (a) Each $.00 . $6.00 MlM13 7. Contract Preparation Charge (A) Per arrangement $315.00 $.00 f NOTES: \. Rates, charges, terms and conditions will apply as specified in A12.20 and A12.2l of the GSST for al MultiServ Plus features not listed herein. 2. The rates and charges for Network Access (NAR) and end user common line charges (CALC) are in addition to the rates and charges listed herein. 3. The terms and conditions for MultiServ Plus as specified in A12.20 and A12.2l apply for all features listed herein. , CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number SF97-6381-00 Option 2 of 2 RATES AND CHARGES NOTES: 4. Only one Bridged Link or Extended Bridged Link is allowed per main station line. END OF ARRANGEMENT AGREEMENT OPTION 2 ~. . \ , ,