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HomeMy WebLinkAboutNAP of the Americas, Inc. Agreement~oo6-Z~3~,6 oar ri, zoo6 'w~ terremark~ Worldwide, Inc. August 4, 2006 _ ~--.~ ;` .x Ms. Gladys Acosta ` _~ City of Miami Beach ~-.~ ~.. 1100 Washington Avenue °` W Miami Beach, FL 33139 '. -, ~., Dear Ms. Acosta: ~ -~-- Enclosed for your records, you will find copy of the following signed agreement between City of Miami Beach and NAP of the Americas, Inc. Service Order Should you have any questions or need additional information, please contact Ms. Suzanne Chebat at (305) 860-7821. We look forward to a long and mutually beneficial relationship. Sincerely, ~,. ear ennmger Administrative Assistant Legal Department Enclosure ph/ r .. ,, 2601 South Bayshore Drive, 9th Hoor, Miarni, Ronda 33133 T 305.8563200 F 305.856.8:96 , ') ~i1 terre Service Order No.: 9..'39.:: Q} .~.?~.:}. t!??.~.~...... For MSA No.: SERVICE ORDER o Initial 0 Additional The Licensee above has issued this Service Order pursuant to terms of the TerreNAP SM Services Agreement between NAP of the Americas, Inc., a corporation organized under the laws of the State of Florida ("Licensor") and City Of Miami Beach, a corporation, organized under the laws of Florida ("Licensee"), the terms of which are part of this Service Order and control the performance and obligations hereof, referred to as the "Agreement". Any term not otherwise defined in this Service Order will have the meaning specified in the Agreement. If this Service Order is not executed by Licensee and Licensor within 30 days of the date of issuance stated in the heading hereof, it shall be deemed null and void. Upon execution by Licensor, the term of this Service Order will be 24 month(s) (the "Term"), which Term will govern the provision to Licensee of the Services that Licensee has elected below, at their respective prices. Expedited 0 Our Address for Notice: Address for Notice: NAP of the Americas, Inc. Licensee Name: .C;;!~y'..9.LF::1.!~!.':!!..~~.~~!:l...................................................... Attn: President 1100 Washington Ave 2601 South Bayshore Drive, 9th Floor Address: Miami, Florida 33133 .F::1.!?!.':!!..~~.?~!:l.(.f.:U}}}.L............................................ Facsimile: (305) 402-3890 Telephone: 305-673-7000 x5775 salesord ers@terremark.com .............................................................................................. Facsimile: 2.g.?~.?Z}.:Z.~~.?............. ............. .................. ..................... CSR: .............................................................................................. Email: ~!.~,~.Y.~~.~~~~.?~!!.l!~.r:!)!.~.~~.<;.~f.I.:\I.~y......,...................... Date of Issuance: Jun 15, 2006 Quote Order Number: QUO-02426-RM6YlI Description mDl!lm 20 UN FT 100 Sq Ft 40 UN FT 2 Each ~I:{ -"'~.~I:{" ~I:{ _tiliF.1lul:l.. $70.00 $1,400.00 $0.00 $0.00 $0.00 $0.00 $37.50 $3,750.00 $60.00 $2,400.00 $0.00 $0.00 $600.00 $1,200.00 $0.00 $0.00 $1,200.00 $1,200.00 $0.00 $0.00 $2,500.00 $2,500.00 $0.00 $0.00 $0.00 $0.00 $95.00 $950.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300.00 $1,200.00 $600.00 $2,400.00 $0.00 $0.00 Cable Mgt: Ladder Rack, I-tier, 12" Cage: Contracted Square Footage Cage: Standard wall (locking door included) - setup Equipment: Rack, relay, 10'x19", 2-post 1 Each IFC: Fiber, multi-mode, 12-count, wlSC connectors - setup 1 Each Managed Router Services: 1-10 Mbps - setup 10 MBPS Managed Router Services: 11-50 Mbps [Burst Capacity is 30 Mbps. Burst Rate is $115.00 per Mbps.] 2 Each Miscellaneous Materials - Custom Order [30 amp, 110 V. Power Strips] 4 Each Power: 120vAC, SP, 30amp, CPS (A) 4 Each Power: 120vAC, SP, 30amp, CPS (A) - setup Total Expedite Fee Grand Total Initial Prepaid Fee: The Initial Prepaid Fee is due and payable in immediately available funds upon the execution hereof. Licensor will not initiate any work relating to this Service Order until receipt of the Initial Prepaid Fee. Any failure of Licensee to remit the Initial Prepaid Fee will result in delays in provision of Services. Non Recurring Charges Monthly Recurring Charges $11,100.00 $0.00 $11,100.00 $5,900.00 $0.00 $5,900.00 WAIVED ** Please note the above charges do not include sales or other taxes. ** N 5 R .L.Z.. REV. 11.0, JAN 2006 Page 1 of 3 COPYRIGHT @ 2006 NAP OF THE AMERICAS, INC. i'~ ~II terre Service Order No.: 9.~.~::Q}.~.~~.:}.tt.?~~:~...... For MSA No.: SERVICE ORDER El Initial 0 Additional The Licensee above has issued this Service Order pursuant to terms of the TerreNAP SM Services Agreement between NAP of the Americas, Inc., a corporation organized under the laws of the State of Florida ("Licensor") and City Of Miami Beach, a corporation, organized under the laws of Florida ("Licensee"), the terms of which are part of this Service Order and control the performance and obligations hereof, referred to as the "Agreement". Any term not otherwise defined in this Service Order will have the meaning specified in the Agreement. If this Service Order is not executed by Licensee and Licensor within 30 days of the date of issuance stated in the heading hereof, it shall be deemed null and void. Upon execution by Licensor, the term of this Service Order will be 24 month(s) (the "Term"), which Term will govern the provision to Licensee of the Services that Licensee has elected below, at their respective prices. Expedited 0 Our Address for Notice: Address for Notice: NAP of the Americas, Inc. Licensee Name: q~y'..g.LF::1.!~.':1:!!..~~.~f!:l...................................................... Attn: President 1100 Washington Ave 2601 South Bayshore Drive, 9th Floor Address: Miami, Florida 33133 .F::1.i.?!.':!!..~~.?~!:l!..f.:U}.P.?............................................... Facsimile: (305) 402-3890 Telephone: 305-673-7000 x5775 sa lesorders@terremark.com .............................................................................................. Facsimile: 305-673-7049 ............................................................................................... CSR: .............................................................................................. Email: ~!.~~.Y.~~S.~~~?~!!.1.!~.':1:!!!?~~S.~n:\I.~y............................. Date of Issuance: Jun 15, 2006 Quote Order Number: QUO-02426-RM6YlI Non Recurring Charges Monthly Recurring Charges Total Expedite Fee Grand Total Initial Prepaid Fee: The Initial Prepaid Fee is due and payable in immediately available funds upon the execution hereof. Licensor will not initiate any work relating to this Service Order until receipt of the Initial Prepaid Fee. Any failure of Licensee to remit the Initial Prepaid Fee will result in delays in provision of Services. $11,100.00 $0.00 $11,100.00 $5,900.00 $0.00 $5,900.00 $11,100.00 ** Please note the above charges do not include sales or other taxes. ** Comments: Please See Appendix B N S R J...Z.. REV. 11.0, JAN 2006 Page 2 of 3 COPYRIGHT @ 2006 NAP OF THE AMERICAS, INC. . .~ ~_ terre Service Order No.: .c?13:.t?.::9.~ .~.?~.:J,t!2.~~~...... For MSA No.: SERVICE ORDER The parties acknowledge that the mutual obligations set forth in this Service Order are the result of their mutual negotiations, shall constitute good and valuable consideration for purposes of establishing a valid contract, and there shall be no presumption that anyone party was the primary drafter of this Service Order. The person executing this Service Order is duly authorized to enter into this Service Order on behalf of the party he or she represents. Any unauthorized additions or modifications to this document that are not initialed by both parties shall be void and unenforceable. ::~t".~~r_!z:e.~Ch: . ~ Name: . .f o/~Z ... ........ ....... ..f:ir............. .......Y.'................. .......... ........... ............ ..... ............ ....... ....... ........ (Type or Print) Title : .................fk.q<ql!..-::.~~'!!..~~............I2I./;..e..?t.P.~.................................. Date : ...............i.i.f....:..~.k....................................................................................................... / NSR J.Z.. REV. 11.0, JAN 2006 Page 3 of 3 COPYRIGHT @ 2006 NAP OF THE AMERICAS, INC. NAP OF THE AMERICAS, INC. FOR ADMINISTRATIVE USE ONLY Service Order #: ORD-03156-1 HS9MA For MSA #: TERRENApSM SERVICE AGREEMENT DATED June 15, 2006 ApPENDIX B - SPECIAL TERMS LICENSEE: CITY OF MIAMI BEACH # Special Terms 1 Ramp-up: You have elected a 2 year Term under this Service Order, but have requested that we commence billing for the Services set forth pursuant to the following Ramp-up Schedule: Monthly Recurring Ramp Up Schedule Charge Total of 50 square feet at the Execution Date $1,875.00 Total of 100 square feet 12 months thereafter $3,750.00 We will provide you with a caged space for the entire 100 square feet. If you use more space than as set forth in the Ramp- up Schedule, you shall be responsible to pay the Monthly Recurring Charges set forth in the Ramp Up Schedule for the next Ramp Up period. Please note that this Ramp-up Schedule applies only to Equipment Space, and not to any other fees or Services. 2 The Monthly Recurring Fees ("MRC") of Four Thousand Twenty-five ($4,025.00) Dollars shall be waived for the first month of the term if Licensee signs prior to June 30, 2006 and deploys before August 1, 2006. Thereafter, the MRC will be as set forth in Service Order number 03156-1HS9MA. 3 Licensor agrees to waive fifty percent (50%) of the Initial Prepaid Fee, a sum equal to $5,550.00 if Licensee signs on or before June 30, 2006. Should Licensee fails to execute on or before June 30, 2006 the total Initial Prepaid Fee, a sum equal to $11,100.00 shall be payable on the execution date. 4 This contract is subject to a 2% fee to Miami Dade County as part of the Unified Access Program provision as part of Contract #7662-4/10. We agree to track and submit this payment to Miami Dade County. This Appendix B is hereby incorporated and made a part of the Agreement. The parties acknowledge that the mutual obligations set forth in this Appendix are the result of their mutual negotiations, shall constitute good and valuable consideration for purposes of establishing a valid contract, and there shall be no presumption that anyone party was the primary drafter of this Appendix. Each party represents that the person executing this Appendix is duly authorized to enter into this Appendix on behalf of the party he or she represents. Execution on Following Page NAP OF THE AMERICAS, Inc. NSR_JZ_ REV. 10.0, JAN 1,2006 INITIAlS:~ , LICENSEE INITIALS: COPYRIGHT @ 2006 NAP OF THE AMERICAS, INC. PAGE 1 OF 2 Customer: City of Miami Beach By: Name: Title: Date: ~ l: 2dkz (Type or ~) #C,lCq'(~-ik 47Gpc;t;L ~ ~ ?(). 1J,b NAP OF THE AMERICAS, Inc. INITIALS: NSR JZ REv.mo. JAN 1.2006 J(! I liCENSEE INITIALS: COPYRIGHT @ 2006 NAP OF THE AMERICAS, INC. PAGE 2 OF 2 BID NO.: 7662-4/10 CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DMSION Previous Bid No.: NIA TITLE: lNTEIU-.'ET ACCESS & MANAGED ROUTER SERVICES OTR YEARS: 4 COMMODITY CODE NO.: 725-57 LIVING WAGE APPLIES: o YES ~ NO . CONTRACT PERIOD: lO/Ol/2004 through 09/30/2006 A WARD BASED ON MEASURES: D YES ~ NO o Procurement Contracting Officer: Rogelio E. Anasagasti, Jr. PHONE: 305-375-5663 o Set Aside D Goal o Local Preference o Prevailing Wages (Reso. 90-143) o Living Wage o Bid Preference o BBE 0 HBE 0 WBE Owned Firms o CSBE Level I PART#I: VENDORAWARDED I F.E.I.N.: VENDOR: STREET: CITY 1ST A TE/ZIP: F.O.B. TERMS: PAYMENT TERMS: DELIVERY: TOLL FREE PHONE # PHONE: FAX: E-MAIL: CONTACT PERSON: 840873124-01 Terrernark Worldwide, Inc. 2601 S. Bayshore Drive, 9th Floor Miami, Florida 33133 Destination Net-30 As per department needs N/A 305-808-5213 or 305-856-3200 305-808-5201 jozima@terrernark.com John Zima, Director of Government Programs DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 1 AWARD SHEET. doc Revised 09/19/00 t PART #2: ITEMSAWARDED I SEE ATTACHED BID SUBMIITAL PACKET FOR PRICING DETAILS A.1\ID OPTIONAL SERVICES ALLOWED V1';1)ER THIS CONTRACT Item Quantitv Description Unit Cost Extended Cost . 1 24 Month 2 SX Gigabit Ethernet connections with $ 62.13 $149,112.00 100Mb CIR 2 1 Lot You must identify and price below all other $0.00 recurring fees associated with the provision of the services requested by the County, for the initial 2 year term of the contract. Enter the total amount for all such costs on this line item. Description I Unit I Unit Price 3 1 Lot You must identify and price below all one $29,188.00 time charges associated with the initial setup, ramp up, connections or similar charges required to commence the services Enter the total amount for all such costs on this line item. Description I Unit I Unit Price Gia E Port to the Peerina Fabric 12 I Included 20 Amps CPS Backed Power I 361 $400.00 Open Racks 10' X 19M 161 $750.00 Lin. Ft pf sinale Tier Ladder Rack 140 I $110.00 Linear SQ. Ft. of caae material I 1 00 I Included 36 Cnt. SM fiber wI SC connectors 111 $3388.00 100Mb CIR Manaaed Router Service 11/2500.00 (SEE EQUIPMENT ALLOWANCE DISCOUNT BELOW) 4 24 Month 600 square feet of secured continuous $48.00 $691,200.00 collocation space Caaed Floor Space (See Note 1) 1600 I $37.50 20 Amps CPS Backed Power 1361 $175.00 (SEE EARLY ACCESS DISCOUNT BELOW) 5 1 Lot Additional Recurring fees associated with $0.00 The collocation space identified in Section 3.9 for the initial 2 year term of the contract. Enter the total amount for all such costs on this line item. Description I Unit I Unit Price Gia E Port to the Peerina Fabric 12 I Included Two (2) Year Term (Items 1 thru 5) 869,500.00 EauiDment Allowance Discount for Item 3 (14,675.00) One month Early Access Discount if your commencement date is on or before (28,800.00) December 1, 2004 Total Two (2) Year Term (Items 1 thru 5) 826,025.00 OPTION: Monthly Cost of each additional 600 square feet of secured continuous collocation $28.800.00 (Price Cannot be greater then original 600 sq. ft. in Item 4) DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION 2 ^ W AJU) SHEET. doc Revised 09/19/00 NOTES: I) Terremark has proposed the compliant caged space as required in Miami Dade County Bid No.: 7662-4/10- OTR (the "Bid"), however, in order to provide Miami Dade County ("MDC") with additional value, Terremark, at Miami Dade County's option, proposes that MDC consider the more secure "Suite" available today at the NAP. A Suite is a specialized area that is fortified to even higher levels of security and intrusion than is available in the NAP's caged space on the main Collocation Floor. Additionally, these specialized Suites utilize construction techniques that limit the transmission of electromagnetic and acoustic signals outside the space. The monthly square foot cost for the Suite will be provided by Terremark at the same Monthly Cost as the proposed caged space to MDC detailed above in Item 4. 2) We agree to discount one month's Monthly Recurring Fee, a sum equal to $28,800.00, Commencement Date is on or before December 1, 2004. if your I PART #3: AWARD INFORMATION f o BCC D PMDAWARDDATE: AGENDA ITEM #: NIA BIDS & CONTRACTS RELEASE DATE: 06/08/2004 OTR YEAR: 0 of 4 ADDITIONAL ITEMS ALLOWED: SEE A lTACHED BID SUBMmAL PACKET FOR DETAILS ON OPTIONAL SERVICES ALLOWED UNDER nus CONTRACT. SPECIAL CONDITIONS: SEE AlTACHED BID SUBMmAL PACKET FOR DETAILS ON OPTIONAL SERVICES ALLOWED UNDER TIllS CONTRACT. "ADDITIONAL OPTIONAL SERVICES" lHA T BECOME AVAILABLE DURING THE LIFE OF THE CONTRACT BUT ARE NOT LISTED IN THE BID SUBMITTAL PACKET MUST BE NEGOTIATED AND AGREED TO BY BOTH TERREMARK AND MIAMI-DADE COUNTY PRIOR TO BEING INCLUDED IN THIS AWARD. SECONDARY VENDOR DESIGNATION REOUIRES INSURANCE VERI FICA TION PRIOR TO ANY AUTIIORIZED ENGAGEMENT IN THE EVENT OF PRIMARY VENDOR PERFORMANCE ISSUES DEVELOP DURING THE LIFE OF THIS CONTRACT. TOTAL CONTRACT VALUE: $826,025.00 USER DEPARTMENT(S) DOLLAR ALLOCATED USER DEPARTMENT(S) DOLLAR ALLOCATED ETSD $826,025.00 $ $ $ $ $ DEPARTMffiNT OFPROCUREMffiNT MANAGEMENT BIDS AND CONTRACTS DIVISION 3 AWARD SHEET.doc R.evised 09119/00 , . . . \ 7\J{(_e~~.. \ \J ~ a r (~('~,) Submit Bid To: CLERK OF THE BOARD Stephen P. Oark Center 111 NW 1'1 Street 17th Floor, Suite 202 Miami, Florida 33128-1983 OPENING: 3:00 - 4:00 P.M. WEDNESDAY JUNE 30, 2004 INVITATION TO BID SECfION 4.0 BID SUBMITTAL FORM opn DEI""RTM~ OF PROCURENENTMANAGEMENT PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DEUVERED IN MIAMI-DADE COUNlY, FLORIDA NOTE: Miami-Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: REA DPM IT Procurement Unit Date Issued: June 3, 2004 This Bid Submittal Consists of Pages 18 through 21 Sealed bids subject to the Terms and Conditions of this Invitation to Bid and thc accompanying Bid Submittal Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office ofDPM, Bids and Contracts Division, Vendor Assistance section at the address shown above until the above statcd time and date, and at that time, publicly opened for furnishing the supplies or services described in thc accompanying Bid Proposal Requirement. NAP INTERNET ACCESS & MANAGED ROUTER SERVICES Two (2) YEAR. PERIOD WITH OPTION To RENEw FOR FOUR (4) ADDmONAL YEARS A Bid Deposit in the amount ofNfA of the total amount of the bid shall accompany all bids A Performance Bond in the amount ofNfA of the total amount of the bid will be required upon execution of the contract by the successful bidder and Miami-Dade County ACCEP1l!D DO NOT WRITE IN TillS SPACE HIGHER THAN LOW FIRM NAMETeJlIZhR6Jc 1.~/Ml) ;;'L. NON.RESPONSIVE _ UNRESPONSIBLE DATE B.C.C. ITEM NOS. ACCEPTED COMMODITY CODE: 725.57 NO BID CONTRACTING OFFICER: Rogelio E. Anuapsti. Jr. RETURN THREE COPIES OF BID SUBMITTAL PAGES ONLY FAILURE TO SIGN PAGE 21 OF SECTION 4.0, BID SUBMITrAL FORM, WILL RENDER YOUR BID NON-RESPONSIVE 18 Revi.cc1 04~4 BID SUBMITTAL FOR: NAP INTERNET ACCESS & MANAGED ROUTER SERVICES PRICE SHEET Item Quantitv Description Unit Cost Extended Cost 1 24 Month 2 SX Gigabit Ethernet connections with $ 62.13 $149,112.00 100Mb CIR 2 1 Lot You must identify and price below all other $0.00 recurring fees associated with the provision of the services requested by the County, for the initial 2 year term of the contract. Enter the total amount for all such costs on this line item. Description I Unit I Unit Price 3 1 Lot You must identify and price below all one $29,188.00 time charges associated with the initial setup, ramp up, connections or similar charges required to commence the services Enter the total amount for al/ such costs on this line item. Description I Unit I Unit Price Gia E Port to the Peerina Fabric 12 /Included 20 Amos CPS Backed Power /361 $400.00 Open Racks 10' X 19" 161 $750.00 Lin. Ft pf sinale Tier Ladder Rack /40 I $110.00 Linear Sa. Ft. of caae material I 1 00 I Included 36 Cnt. SM fiber w/ SC connectors /11 $3388.00 100Mb CIR Manaaed Router Service /1/2500.00 (SEE EQUIPMENT ALLOWANCE DISCOUNT BELOW) 4 24 Month 600 square feet of secured continuous $48.00 $691.200.00 collocation space Caaed Floor Space (See Note 1) 1600 I $37.50 20 Amos CPS Backed Power /36/ $175.00 (SEE EARLY ACCESS DISCOUNT BELOW) 5 1 Lot Additional Recurring fees associated with $0.00 The collocation space identified in Section 3.9 for the initial 2 year term of the contract. Enter the total amount for all such costs on this line item. Description / Unit I Unit Price Gia E Port to the Peerina Fabric 12 I Included Two (2) Year Term (Items 1 thru 5) 869,500.00 Equipment Allowance Discount for Item 3 (14,675.00) One month Early Access Discount if your commencement date is on or before (28,800.00) December 1, 2004 Total Two (2) Year Term (Items 1 thru 5) 826,025.00 OPTION: · Monthly Cost of each additional 600 square feet of secured continuous collocation $28.800.00 (Price Cannot be greater then original 600 sq. ft. in Item 4 NOTES: 1) Terremark has proposed the compliant caged space as required in Miami Dade County Bid No.: 7662-4/10-OTR (the "Bid"), however, in order to provide Miami Dade County ("MDC") with additional value, Terremark, at Miami Dade County's option, proposes that MDC consider the more secure "Suite" available today at the NAP. A Suite is a specialized area that is fortified to even higher levels of security and intrusion than is available in the NAP's caged space on the main Collocation Floor. Additionally, these specialized Suites utilize construction techniques that limit the transmission of electromagnetic and acoustic signals outside the space. The monthly square foot cost for the Suite will be provided by Terremark at the same Monthly Cost as the proposed caged space to MDC detailed above in Item 4. 2) We agree to discount one month's Monthly Recurring Fee, a sum equal to $28,800.00, if your Commencement Date is on or before December 1,2004. BID SUBl\1lTTAL FOR: NAP INTERNET ACCESS & MANAGED ROUTER SERVICES PRICE SHEET - OPTIONAL SERVICES (The followio2 Optional Services are beiD2 provided in response to Miami Dade County's request, pursuant to Question 12, Addendum No.2, Bid No.: 7662-4/10-0TR) Item Description NRC MRC Cross Connects - Under Term or Month-to- Set-Up Fee MRC Month 6 DSl/E1 $30 $50 7 OS3 $75 $220 8 Ocx $250 $350 9 Ethernet $150 $250 10 POTS Line $50 From the ILEC Cabinets - Under Term Set-Up Fee MRC The following pricing is being provided for those accounts which desire to utilize the contract between MDC and Terremark as part of the User Access Program provisions contained in the Bid (the "UAP"). Additionally, this pricing assumes that the UAP customer will be located, at MOC's request, outside of the MDC Collocation Caged Space on the main NAP collocation floor. . Please note that Power Is a separate Item and Is not Included in the Colocatlon Service Fees. Some of our cabinets are installed in a 10' housing, made up 01 a 7' cabinet below and a 3' cabinet above. Each cabinet has Its own secure door and Independent cable access. If you License a 7' cabinet and we provision a 10' housIng, we reserve the right to either use the 3' cabinet above for infrastructure DurDoses, or license that unit to other customers. 11 7' NAP-provisioned 23" wide - 32" deep, closed $900 $900 cabinet located in the ODen NAP floor 12 10' NAP-provisioned 23" wide - 32" deep, closed $1200 $1200 cabinet located in the ODen NAP floor Cabinets - Bundled - Under Term The following pricing is being provided for those accounts which desire to utilize the contract between MDC and Terremark as part of the User Access Program provisions contained in the Bid (the "UAP"). Additionally, this pricing assumes that the UAP customer will be located, at MDC's request, outside of the MDC collocation caged space on the main NAP collocation floor. . Please note that Power Is not a separate Item and Is included in the Colocation Service fees. Some of our cabinets are installed In a 10' housing, made up of a 7' cabinet below and a 3' cabinet above. Each cabinet has its own secure door and Independent cable access. If you License a 7' cabinet and we provision a 10' housing, we reserve the right to either use the 3' cabinet above for Infrastructure purposes, or license that unit to other customers. 13 7' NAP-provisioned 23" wide - 32" deep, closed $1200 $1200 cabinet located in the open NAP floor, includes Two (2) 20 Amp circuit VAC CPS Backed power circuits. 14 10' NAP-provisioned 23" wide - 32" deep, closed $1500 $1500 cabinet located in the open NAP floor, includes Two (2) 20 Amp circuit VAC CPS Backed power circuits. STANDARD INTRA-FACILITY CONNECTION One Time Fee Monthly IFC Cables - Under Term Recurring In order complete your Inst.lI.tlan, you will need to connect Charge from your Equipment Sp.ce to the Meet-Point-Room. Our standanllntra-Facility Connection offerin" includes {II your pro rat. use of . Fiber Distribution R.ck .nd Fiber P.tch P.nel, (II) the Fiber C.ble nec....ry to connect your Equipment Space to the Meet-Paint-Room b.sed on st.ndard counts with standard connections, and (III) nec....ry work to Install this cablin". Any ather Intra-Facility Connection .olution will be canaldered on an Indlvldu.1 case b.sis and orlclna will deaend an vaur reaulrements. 15 6 count, Single Mode, SC connectors both ends, $700 N/A any lenath Installed 16 12 count, Single Mode, SC connectors both ends, $1200 N/A any lenoth Installed 17 24 count, Single Mode, SC connectors both ends, $2200 N/A any lenath Installed 18 48 count, Single Mode, SC connectors both ends, $4200 N/A any lenoth installed 19 28 count, ABAM, termination including patch panel $1200.00 N/A 20 CAT6 cable, run and termination $650.00 N/A 21 Coax IFC, termination in the MPR $1100.00 N/A 22 23 12 count, Single Mode, SC connectors both ends, $7200 N/A second floor MPR to 5lh Floor South Central Connectivity Shaft. installed 24 24 count, Single Mode, SC connectors both ends, $12000 N/A second floor MPR to 5lh Floor South Central Connectivity Shaft. installed 25 48 count, Single Mode, SC connectors both ends, $24000 N/A second floor MPR to 5th Floor South Central Connectivity Shaft installed Power Circuits Set-Up Fee MRC 26 . Increments of 20 Amp circuit VAC CPS $400 $175 Backed Power 27 . Increments of 20 AMP circuit, 208 $400 $500 volts VAC CPS Backed power 28 . Increments of DC 20 AMP 48 VDC $2000 $300 Circuit A&B Feed 29 Enhanced Customer Equipment Monitoring N/A $200/month/per network element 30 TerreNAP- RemoteHands - 8 Hour Blocks w/SLA N/A $600/block 31 TerreNAP'" RemoteHands - Hourly Rate N/A $ 128/hour 32 TerreNAP'" SmartHands - 8 Hour Blocks w/SLA N/A $ 1400/block 33 TerreNAP'" SmartHands - Hourly Rate N/A $lBO/hour 34 TerreNAP Network Reference Timing $600 $350 (Redundant Feed) NAP Customized Power Services for TECOTA Customers FEE PER Beginning on the 37'. Month of the lease Term, the Base Monthly Recurring Charge 'Dr the NAP Customized Power CIRCUIT Servic.s 'or TECOTA Customers shall increa... annually by 20/.. Non-recurring Monthly 35 . Short Break power feeds - 200 amps 480Y277 volts 3 phase - Essential power backed up by one HiTec generator with a 10 sec $60,000.00 $3,000.00 transition during power outages and closed transitions on return to normal ooerations. 36 . No Break Power feeds - 225 amps 208Y120 volts 3 phase - Protected power from the HiTec continuous $60,000.00 $2,000.00 power system (CPS), via a single PDU sourced from two HiTec oenerators. Cage Material - Under Term Set-up Fee NRC per Linear Foot 37 Base Rate per Cage Depenc:ls on Customer I $100.00 Material Requirements Right of exclusive use for Conduit The dwalion of this right of exclusive use of conduits shall be concUlfenl with the Term of this Service Order. You will be responsible for our cosl recovery oflFe blown to your manhole for splicing to your backbone. which COSI will vary depending on whetber your requirements call for (i) single-mode or multi-mode, (ii) conuccloriz.cd or non-conneclorizcd fiber, (iii) lbe number of fibers required or (iv) dislanceto your manhole. Set-UD Fee NRC 38 4" Conduit between the cable entrance Depends on your requirements $10,000.00 facility to the NAP (see above) and the Meet-me room on the main floor of the NAP 43 44 45 46 , . .. TerreVault .Service Off.;.Site VaultingiJricing. The.reiS a per-tape fee anda monthly off-site storage fee."Terr4i!mark sc:he~ules plck-up(s] and ~ellverv . Non-recurring of tapes .~~..be~or~cto .,.. . "'~rlltls,:a,n~C:lditio"~lch~rg4! for a I1on-schedu.led tape de IItrv ackto;theNAP of the Ame...i:casfor .. afestore. . Monthly 39 $ 469.16 ervice once a week, storing 200 tapes a month at our vault 40 Service once a month, storing 1,000 tapes a month at our vault $ 336.48 $ 780.75 $ 655.06 $ 1,668.86 $ 1,498.16 $ 2,903.86 $ 2,800.76 41 ervice once a week, storing 200 tapes a month at our vault 42 ervice once a month, storing 1,000 tapes a month at our vault Service once a week, storing 5000 tapes a month at our vault ervice once a week, storing 10,000 tapes a month at our vault ervice once a month, storing 10,000 tapes a month at our vault 47 Service 5 days a week, storing 200 tapes a month at our vault $ 1,141.80 ~ 48 ervice 5 days a week, storing 1,000 tapes a month at our vault $ 1,300.48 49 ervice 7 days a week, storing 200 tapes a month at our vault $ 1,510.47 50 ervice 7 days a week, storing 1,000 tapes a month at our vault $ 1,942.94 51 Service 5 days a week, storing 5000 tapes a month at our vault $ 2,204.63 52 $ 2,640.17 53 Service 5 days a week, storing 10,000 tapes a month at our vault $ 3,323.70 54 Service 7 days a week, storing 10,000 tapes a month at our vault $ 3,745.73 Long-term off-site vaulting of backup tapes: Per tape (new media/duplication fee) 55 (DLT media. Other media may incur additional charges) $110.00 Retrieval of off-site backup tapes: Critical 2 hours Delivery Response Time Per Tape $190.00 Professional Services Pricing If requested, Terremark can provide Emergency 4 56 hours $168.00 additional Consulting Services in the areas of assessment, Unscheduled 24 planning, design, Integration, and management. Consulting hours $143.00 !services are priced on a time and materials basis. U:~~i~'f~~i, ., iiliiciifrlnFee ::~'t~"!~1<J~' ..; ~~);~H'j~ g ~~; -:;-{r LS510BB 1000 LTO 1000 T9X40 SLOTS Included 57 1 Included 58 1 DR20 20 DRIVE CAPACITY Included 59 1 STKO STORAGETEK PTWO NO PASS THOUGH PORT WALLS Included 60 1 Included 61 1 WFOl LARGE VIEWING WINDOW Included 62 1 LS51100 LIBRARY CONTROL UNIT FOR L5500 Included 63 1 9952 14 FT NA RUSSELL STOLL CO Included 64 1 STKO STORAGETEK Included 65 1 9741E01 LARGE UBRARY DRIVE FRAME Included 66 1 L5500 WITH LTO 1-20 DRIVES Included 67 1 995214 FT NA RUSSELL STOLL CO Included 68 1 STKO STORAGETEK Included 69 1 LS53000 UBRARY MGMT UNIT FOR L5500 Included 70 1 1 TCP/IP HOST CONNECTION Included 71 1 9952 14 FT NA RUSSELL STOLL CO Included 72 1 STKO STORAGETEK Included 73 4 TLTOL5S LTO GEN1 DRIVE FOR L5500 ACSLS-SUNBLADE 150 WRKSTN Included 74 1 Included 75 1 SERIAL EXPANSION 17" COLOR MONITOR KIT Included 76 1 DDS-3 EXTERNAL TAPE DRIVE Included 77 1 CABLE ASSY, RS-423, LMU,100FT Included 78 1 ACSLS2 SOFlWARE Included 79 1 LEVEL 7.1.0 Included 80 1 ACSLS SFTWR SOLARIS VERSION Included 81 1 UP TO 1000 SLOTS Included License Type: Perpetual 82 1 ACSLS SYS ADM-3 DAYS Included 83 2 ENTERPRISE TAPE LIBRARY BASE Included 84 1 Included 85 4 IBM LTO FIBRE INTERFACE , Fee for End of Term Equipment TitlelOwnership Fee for End of Term Equipment Title/Ownership $1 86 Transfer to Transfer to Customer Customer Total TerreVault $13,894.2 Optional Equipment tit Services Price (24 month Total TerreVault Optional term payment Equipment tit Services Price option) (24 month term payment option) 87 Total $9,108.00 TerreVault Optional Equipment tit Services Price (60 month Total TerreVault Optional term payment Equipment tit Services Price option) (60 month term payment option) 88 Manal!ed Router Service Volume discount rates: A Volume Discount will be provided for those accounts which utilize the contract between MDC and Terremark as part of the UAP provisions contained in the bid. The Volume Discount table below assumes that Miami Dade County, as required in the bid documents, procures: (i) a minimum monthly commitment of 100 Megabytes of Managed Router Service; and (ii) a minimum commitment of 600 square feet of space in the NAP of the Americas. Unless billed to and paid directly by MDC, each user of the UAP program will be required to establish a minimum committed information rate. MiJn,aged Router Service Voh.i'me Dis.:;ount Table . Increase in Re~ucec;l Reduced Meg (CIR) ~e~ Meg ,~olJthly Fee' . ." . . Rate 89 1Mb $99.82 $99.82 90 5 Mb $97.86 $489.30 91 10 Mb $95.01 $950.09 92 15 Mb $93.15 $1,397.19 93 20 Mb $90.43 $1,808.66 94 25 Mb $87.80 $2,194.97 95 30 Mb $85.24 $2,557.25 96 35 Mb $82.76 $2,896.56 97 40 Mb $80.35 $3,213.94 98 45 Mb $78.01 $3,510.37 99 50 Mb $75.74 $3,786.81 100 55 Mb $74.25 $4,083.81 101 60 Mb $72.80 $4,367.71 102 65 Mb $71.37 $4,638.91 103 70 Mb $69.97 $4,897.79 104 75 Mb $68.60 $5144.74 105 80 Mb $67.25 $5,380.12 106 85 Mb $65.93 $5,604.29 107 90 Mb $64.64 $5,817.60 108 95 Mb $63.37 $6,020.40 109 100 Mb $62.13 $6,213.00 110 105 Mb $60.89 $6,393.18 111 110 Mb $59.67 $6,563.66 112 115 Mb $58.48 $6,724.77 113 120 Mb $57.31 $6,876.81 114 125 Mb $56.16 $7,020.07 115 130 Mb $55.04 $7,154.86 116 135 Mb $53.94 $7,281.45 117 140 Mb $53.40 $7,475.62 118 145 Mb $52.86 $7,665.18 119 150 Mb $52.33 $7,850.20 120 155+ Varies Mb up to 1 Based on Gb. $51.81 Volume Terremark, at its sole discretion, may elect to offer Additional Optional Services during the term of the contract with HDC to increase the efficiency of operations of HDC, and HDC may elect to use any Additional Optional Services it deems necessary, pursuant to the terms of the Bid and associated documents. For the purposes of this clause, the term "Additional Optional Services" shall mean any services offered by the NAP of the Americas not already utilized by HOC pursuant to the Bid documents, including, but not limited to, sniffer services, security services, intrusion detection, storage services, optical electronic optical (OEO) multi-services switching platform, access services, de-muxing services, managed network monitoring services. In addition, volume discounts may be available for all services offered in the Bid, including Additional Optional Services. (;~ ..... '~,. ""10 j.,';I" . <.'1" ,..~ ~~ ,: l,'... ~" _;. "",r'~I.' to _'.....~..~ ~d:::..lf. -;" "/.;~'.. '\ ""~'~'.lr ~ ",J:'~",.)., ...~~. ~if: '-~,'. ~? i MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ,..~:~ .:~ .~~ -" .i~ ;. :~~ .~ ;..j ------------------------------------------------------------------------------ BPO ID: ABCW0400924 PRINT DATE: 09/01/2004 PAGE: 01 ------------------------------------------------------------------------------ ** REVISED BPO - DRAFT VERSION ** ------------------------------------------------------------------------------ VENDOR ID: 840873124 TERREMARK WORLDWIDE INC PRIME VENDOR SET ASIDE SUBVENDOR GOAL 00\ .' '. \ ~. t I i. I. R ,. ! [: 2601 S BAYSHORES DR 9TH FLOOR PRIME VENDOR COMMITMENT: 00\ ~ . MIAMI FL 33133 f ~, ~I . ;:. ------------------------------------------------------------------------------ i.: SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS .,.': PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: ANASAGASTI ROGELIO JR, (305) 375-5663 ":', ------------------------------------------------------------------------------- ITB ID EXPR DATE 09/30/2006 DISCOUNT TERMS NET30 NET 25 CONTRACT AMOUNT 826,025.00 ------------------------------------------------------------------------------- BID NUMBER 7662-4/10 ******************************************************************************* ITEM COMMODITY ID U/M UNIT COST ******************************************************************************* 001 725-57 826,025.0000 TELEPHONE SYSTEMS (OVER 60 STATIONS) ------------------------------- END OF ITEM LIST ---------_____________________ ~~. ~.: AUTHORIZED DEPT: CALLER ID AUTHORIZED DEPTS/USERS IT .;oi. CALLERS NAME DOLLAR LIMIT ALLOCATION: PHONE NUMBER ******** $826,025.00 TERMS: COSTS OF MANDATORY RANDOM AUDIT BY THE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. CONTINUED, NEXT PAGE ~.. \.~': L ~; " ,. , ':'; I';, ." " -; " - , .-'." :;- .. (':' /..~ :" -:' ::,V: :-:' " ,-" " ~ :', - '::;, '_ -', .. -'''~-;;~7::~:~~~;, ~ ,,- -<~::-'_-~-~ _,., ,- 1';-. -__ _-:. ' :,,' \ r". .'", . ~ , _ ,......, :'.J , :.;.,':"" j : 1> -) "':'_~" ::l"~~'lt(,~. . ,.:~~,,," -I;. ,. ': BPO ID: ABCW0400924 PRINT DATE: 09/01/2004 PAGE: 02 .~~ .' .~ '::1 ~I :1 ~,_:: -~~ MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ ;. ~( --------------------------------------------------------------------'---------- ** REVISED BPO - DRAFT VERSION ** .., '1::'; THIS CONTRACT IS SUBJECT TO A USER ACCESS FEE UNDER THE COUNTY USER ACCESS PROGRAM (UAP) IN THE AMOUNT OF TWO PERCENT (2%). THE VENDOR PROVIDING GOODS AND/OR SERVICES UNDER THIS CONTRACT SHALL INVOICE THE CONTRACT PRICE AND SHALL ACCEPT AS PAYMENT THEREOF THE CONTRACT PRICE LESS THE 2% UAP AS FULL AND COMPLETE PAYMENT FOR THE GOODS AND/OR SERVICES SPECIFIED ON THE INVOICE. THE COUNTY SHALL RETAIN THE 2% UAP FOR USE BY THE COUNTY TO HELP DEFRAY THE COST OF THE PROCUREMENT PROGRAM. VENDOR PARTICIPATION IN THIS INVOICE REDOCTION PORTION OF THE UAP IS MANDATORY. THIS IS A BLANKET PURCHASE ORDER COVERING PERIOD FROM 10/01/2004 TO 09/30/06 DELIVERIES AGAINST THIS PURCHASE ORDER SHALL BE MADE IN QUANTITIES AND TIMES AS REQUESTED BY THE DEPARTMENT DURING SAID PERIOD. INVOICING SHALL BE ON A PER ORDER (DELIVERY) BASIS OR ON A MONTHLY INVOICE BASIS. ALL ITEMS IN ACCORDANCE WITH BID PROVISIONS AND SPECIFICATIONS AND THE VENDOR'S QUOTE OR BID. ESTIMATED QUANTITIES AND/OR DOLLARS ARE FOR RECORD PURPOSES ONLY. NO GUARANTEE IS BEING EXPRESSED OR IMPLIED AS TO QUANTITIES AND/OR DOLLARS THAT WILL ACTUALLY BE PURCHASED. THE VENDOR ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. ~'.;.. ~' t. I'. ~ ), -::; i ... ~: .\ 1:", ~~. ~. ...;. ~; .. ."" \~ ~"" '. ** REVISED BPO DRAFT VERSION ** AUTHORIZED SIGNATURE: ~ ----. DATE: eo.. (\ (Ov..... ******** LAST PAGE ******** . ~~.-,; \ - -7: ;; ~~ -- ~ -- -r -. - - ~~ "- -fi ~ It : \ - . - - - ~- -. --., -. :. .' ,:.-~-.-- __v - -,~,~~, 'I ;r-~. r~~",-; -:,~"<C. ~..~-~:--~~: ::-~::-"; , HIAH~ mm AWARD SHEET ADDENDUM NO.3 TO: All User Departments DATE: January 4, 2006 FROM: James D. Munn, Jr. IT Contracts & Procurement Officer BID NO.: 7662-4110 TITLE: Internet Access & Managed Router Services Please note the following change(s): Contract BPO ABCW0400924 has been modified to reflect a requested FEIN update: FROM: 840873124 0 I TERREMARK WORLDWIDE, INe. TO: 6510 18178 01 NAP OF THE AMERICAS, INC. ALL OTHER CONTRACT INFORMATION REMAINS THE SAME AWARD SHEET ADDENDUM I Re\!, 11/29/01 H.e: NAP ot the Amencas Contractual Documents - Need returned by o-jU-Uo Page 1 at j Acosta, Gladys From: John Zima Oozima@terremark.com] Sent: Friday, June 16,20065:00 PM To: Acosta, Gladys Subject: Re: NAP of the Americas Contractual Documents - Need returned by 6-30-06 Sensitivity: Confidential Thank you. Let me tell you it was not easy to do the 2 year ramp up or special conditions............ But I got them for you. We now only do a I year ramp. We do not usual1y discount the cage packages (but I got it approved). Thanks a million for your efforts. I look forward to assisting the City for years to come. BR, John Sent from my BlackBerry Wireless Handheld -----Original Message----- From: Acosta, Gladys To: John Zima Sent: Fri Jun 16 16:58:482006 Subject: RE: NAP of the Americas Contractual Documents - Need returned by 6-30-06 Ok, thanks. 1 have set up a meeting with Procurement,IT Manager and CFO to review al1 the documents next week. Wil1 keep you informed.Have a good weekend. MIAMlBEACH Gladys Acosta, IT Director INFORMA TION TECHNOLOGY 1100 Washington Ave, Miami Beach, FL 33139 Tel: 305-673-7000 x5775 I Fax: 305-673-7049/ www.miamibeachflgov <http://www.miamibeachfl.gov/> We are committed to providing excel1ent public service and safety to al1 who live, work and play in our vibrant, tropical, historic community. From: John Zima [mailto:jozima@terremark,com] Sent: Friday, June 16,20064:53 PM To: Acosta, Gladys Cc: Sandra Gonzalez-Levy Subject: FW: NAP of the Americas Contractual Documents - Need returned by 6-30-06 Importance: High Sensitivity: Confidential Gladys, One additional item, we (MDC and Terremark) changed the official award from MDCounty from Teremark Worldwide, Inc. 6/19/2006 Ke: r'\At' 01 me i\.mencas LomractuaJ uocumems - l''ieea retumea by o-jU-Ub l'age 1. or j to our wholly owned subsidiary the NAP of the Americas Inc. I have now attached the official document that demonstrates this. Thanks again. From: John Zima Sent: Friday, June 16,2006 I :38 PM To: 'Acosta, Gladys' Cc: Sandra Gonzalez-Levy Subject: NAP of the Americas Contractual Documents - Need returned by 6-30-06 Importance: High Sensitivity: Confidential Hi Gladys, Attached are the 4 documents which make up our agreement. We have agreed to extend the terms of the original proposal of December 2005, i.e. a 2 year ramp-up schedule. Additionally, if you sign on or before 6-30-06, we will extend the City a 50% discount of the Non Recurring Charges (NRC's). Lastly, if you sign on or prior to 6-30-06 and deploy (Commence Billing) prior to 8- I -06, you will receive one month free. The details of these "special Terms" are included on Appendix B attached hereto: The four documents attached are: A) The Service Order - This spells out the actual Services purchased and the pricing. B) The Appendix B - This spells out the non-standard terms - i.e. the ramp-up, 50% of the NRC's, and free month. C) The NDA - Miami Dade County - Blanket Purchase Order- Part of the MDC Unified Access Program (UAP) D) The Miami Dade County - Award Sheet I Price List which was used for the pricing. As discussed on a few occasions, as the services (MRS and Collo) which you are purchasing are covered in the MDC contract and part of the UAP Program, you should not need to go out to bid on these. Others that have used this contract are Collier County School Board (k-12), Jackson Memorial, City of Coral Gables, Miami Dade College and others. Thus, If you are in agreement, please print out two copies of each (A and B only), sign and initial where indicated. After execution, please fax the document to 305 402-3890 (or pdf and send to me). Afterwards, please send the two copies to: Terremark Worldwide, Attn Suzanne Chebat, 260 I S. Bayshore Drive, Suite 900, Miami FL, 33133. We will then execute and send you an original for your records. 6/19/2006 K.e: NAP of the Amencas ContractuallJocuments - Need returned by 0-3U-Uo Please Jet me know if you have any questions or concerns. I look forward to having you as a valued customer. Best Regards, John Zima Director - Government Programs Terremark Worldwide, Inc. 305 808-52 J 3 - Office 305 793-4264 - Cellular j ozima@terremark.com This message has been scanned for viruses and dangerous content and is believed to be clean. This message has been scanned for viruses and dangerous content and is believed to be clean. This message has been scanned for viruses and dangerous content and is believed to be clean. 6/19/2006 Page J ot" J