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Master Services Contract Service AgreementDO y ~~rd ~ CONTRACT SERVICE ARRANGEMENT C' ~~ ` ~~/~ AGREEMENT Case Number FLOS-G520-11 MASTER SERVICES AGREEMENT -ORDER ATTACHMENT FOR CSA SERVICES This Order Attachment Agreement is Made Pursuant to the Master Services Agreement No. FL03-E591-00. This Agreement is entered into pursuant to Tariff Section AS of the General Subscriber Services Tariff. Offer Expiration: This offer shall expire on: 1/20/2008. Customer's Billing Address: CITY OF MIAMI BEACH 1100 WASHINGTON AVE MIAMI BEACH, FL 33139 Page 1 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 Estimated service interval following acceptance date: Negotiable weeks Service description: This Contract Service Arrangement (CSA) provides Be1lSouth® Metro Ethernet service and Automatic Protection Switching and for intraLATA Frame Relay service and Broadband Line- Fast Packet Option (FPO) service. This Agreement provides for athirty-six (36) month service period with three (3) automatic one year renewals, unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Under this Agreement, this service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. Subject to the limitations provided under Section 768.28 Florida Statutes, customer agrees to hold the company harmless, and to indemnify and defend the Company from any and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable regulatory requirements. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. Page 2 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 IN WITNESS WHEREOF, the Parties hereto have caused this Order Attachment to be executed by their respective duly authorized representatives on the date indicated below. Accepted by: Subscriber: CITY OF MIAMI AC By: Authorized igna e Printed N me: ~S ~%-rilC~ Title: ~dCGII?~IGhPlv~.//j f~P~/~'~ Date: ~~, to - Q ~,~~, Matti Herrera Bower Vice-Mayor ~lil/L l~l./'' - Robert Parcher, City Clerk Company: BellSouth Telecommunications, Inc. By: BellSouth Business Syste Inc. By: ~ ~'~.''~~ ~~ ~-~''/~1;~ Authorized Signature-- Printed Name: ~ - ~ ^ ~ - ~ t L L l? Title: J -1 wv~ ~ ~ .~ Date: I ~ ~~1 ~ ~~ APPROVED A3 TO FORM & LANGUAGE & FOR EXECUTION 1C ~ e Page 3 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1 Be1lSouth® Metro Ethernet Service, 10 $.00 $476.00 MTEBA Mbps Basic Connection, per connection 2 Be1lSouth® Metro Ethernet Service, 100 $.00 $945.00 MTEBB Mbps Basic Connection, per connection 3 Be1lSouth® Metro Ethernet Service, 1 $.00 $1,890.00 MTEBC Gbps Basic Connection, per connection 4 Be1lSouth® Metro Ethernet Service, 10 $.00 $756.00 MTEE3 Mbps Premium Connection, per connection, Burst Mode 5 Be1lSouth® Metro Ethernet Service, 20 $.00 $854.00 MTEE4 Mbps Premium Connection, per connection, Burst Mode 6 Be1lSouth® Metro Ethernet Service, 50 $.00 $1,036.00 MTEES Mbps Premium Connection, per connection, Burst Mode 7 Be1lSouth® Metro Ethernet Service, 100 $.00 $1,358.00 MTEE6 Mbps Premium Connection, per connection, Burst Mode 8 Be1lSouth® Metro Ethernet Service, 250 $.00 $1,631.00 MTEE7 Mbps Premium Connection, per connection, Burst Mode 9 Be1lSouth® Metro Ethernet Service, 500 $.00 $2,079.00 MTEE8 Mbps Premium Connection, per connection, Burst Mode 10 BellSouth Metro Ethernet Service, System $.00 $.00 MTESY Reconfiguration Charge, per request, per connection 11 BellSouth® Metro Ethernet Service, $.00 $63.00 MTETP Priority Plus Feature, per connection 12 Metro Ethernet Reporting, Service $.00 $.00 CNMSE Establishment Charge, per customer account 13 Metro Ethernet Reporting Charge, per $.00 $5.60 CNMME connection 14 Metro Ethernet Reporting Security card, $.00 $.00 CNMSC Page 4 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 RATES AND CHARGES each 15 Be1lSouth® Metro Ethernet Service, Automatic Protection Switching (APS) Feature, Route Protection, Per APS Arrangement of less than 10 route miles 16 Be1lSouth® Metro Ethernet Service, Premium Service Arrangement, 2 Mbps Premium Connection, per connection 17 BellSouth® Metro Ethernet Service, Premium Service Arrangement, 4 Mbps Premium Connection, per connection 18 BellSouth® Metro Ethernet Service, Premium Service Arrangement, 8 Mbps Premium Connection, per connection 19 BellSouth Metro Ethernet Service, Q- Forwarding Service Establishment Charge, pe 20 BellSouth Metro Ethernet Service, Q- Forwarding Network Assignment Charge, per n $.00 $1,285.00 MTEAS $.00 $360.00 MTEPO $.00 $375.00 MTEP1 $.00 $510.00 MTEP2 $500.00 $.00 MTEQF $.00 $75.00 MTEQN Page 5 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G528-08 Option 1 of 1 RATES AND CHARGES Rate Elements Non-Recurring Monthly Rate USOC 1 Subrate Tl Customer Connection to Frame $.00 $112.50 FRHS2 Relay. A minimum of one Customer Connection is required per Customer to subscribe to Frame Relay Service. 256 Kbps, each 2 Subrate T1 Customer Connection to Frame $.00 $153.00 FRHS3 Relay. A minimum of one Customer Connection is required per Customer to subscribe to Frame Relay Service. 384 Kbps, each 3 Customer Connection to Frame Relay. $.00 $239.25 FRH15 A minimum of one Customer Connection is required per Customer to subscribe to Frame Relay Service. 1.536 Mbps, each 4 MultiLink Customer Connection to Frame $.00 $450.00 FRHM3 Relay. A minimum of one Customer Connection is required per Customer to subscribe to Frame Relay Service. 3 Mbps, each 5 Broadband Line-FPO, $.00 $102.00 FP 115 1.536 Mbps, each 6 Initial Standard DLCI, One per Customer $.00 $.00 XAFD1 Connection (provisioning only) 7 Frame Relay Service Feature Charge, $.00 $1.50 FRVDX Data Link Connection Identifier (DLCI), Additional, per Customer Connection 8 Committed Information Rate (CIR), $.00 $.00 FRVRO (per DLCI) cannot exceed the minimum transmission speed of the link at either end of the PVC, 0 Kbps 9 Customer Network Management (CNM) $.00 $.00 CNMSE CNM Service Establishment Charge Per Customer 10 Customer Network Management (CNM) $.00 $11.25 CNMWE Management Access Interface Web Interface, each Page 6 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G528-08 Option 1 of 1 RATES AND CHARGES 11 Customer Network Management (CNM) $.00 $.00 CNMSC Management Access Interface Security Card, each Page 7 of ] 0 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 RATES AND CHARGES NOTES: 1. All rules and regulations for Frame Relay Service and Broadband Line-FPO Service from Section A40 of the General Subscriber Services Tariff (GSST) are applicable to this Agreement. The rate elements included herein have been specifically discounted. Other rate elements used in the provision of the service have not been listed, but may be found in the appropriate Company tariff. Examples of other rate elements are: FCC surcharges, regulatory fees, taxes, or charges for features ordered that are not listed in the Agreement. 2. This Contract Service Arrangement must be converted to tariff service at the end of the contract, or this Agreement must be renegotiated. 3. In the event that a material change in Subscriber's business conditions jeopardizes Subscriber's ability to perform the terms and conditions stated herein, then Company and Subscriber both agree to make a good faith attempt to renegotiate any unfavorable term or condition. No change, amendment or modification to this agreement may be made without the mutual, prior and written consent of both parties and shall be consistent with the provisions of all applicable tariff(s). 4. The Subscriber is liable for the revenues to the Company for the full term of this Agreement. If the Subscriber disconnects early, two payment options are available: 1. Continue paying the monthly rates for the remainder of the Agreement term, or 2. Make a lump sum payment discounted by the current prime interest rate plus two percentage points. 5. If facilities do not exist, special construction charges may apply. 6. All rules and regulations found in the Be1lSouth® Metro Ethernet tariff are applicable to this CSA 7. These rates and charges are only valid it the Customer is served from a central office equipped for Be1lSouth® Metro Ethernet service, or can be extended to a central office equipped for Be1lSouth® Metro Ethernet service. 8. This Agreement contains private and/or proprietary information which may not be used or disclosed outside Company and its affiliates, except pursuant to Florida Statute 119.07 Notes continued on Attachment 1 All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 8 of 10 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G520-11 Option 1 of 1 Attachment 1 FLORIDA ATTACHMENT RATES AND CHARGES NOTES: (continued) 9. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability. USOC Nonrecurring Charge WGGVF-Contract Pre aration Char e $326.00 MTEBA $1,000.00 each MTEBB $1,500.00 each MTEBC $2,000.00 each MTEE3 $1,000.00 each MTEE4 $1,250.00 each MTEES $1,250.00 each MTEE6 $1,500.00 each MTEE7 $1,750.00 each MTEE8 $1,750.00 each CNMSE $250.00 each CNMSC $200.00 each MTEAS $1,500.00 each MTESY $900.00 each MTEP1 $1,000.00 each MTEP2 $1,000.00 each MTEPO $1,000.00 each Page 9 of ] 0 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FLOS-G528-08 Option 1 of 1 Attachment 1 FLORIDA ATTACHMENT RATES AND CHARGES NOTES: (continued) 9. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this C.S.A., then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability charges and a Contract Preparation Charge of ($326.00) dollars: USOC Description Nonrecurring Charge FRHS2 Subrate T1 Customer Connection at 256 Kb s $525.00 each FRHS3 Subrate T1 Customer Connection at 384 Kbps $525.00 each FRH15 Customer Connection at 1.536 Mbps $525.00 each FRHM3 MultiLink Customer Connection at 3 Mbps $500.00 each FP115 Broadband Line at 1.536 $465.00 each FRVDX Each Additional Standard DLCI $25.00 each CNMSE CNM Service Establishment Char e $250.00 each CNMWE CNM Web Interface $125.00 each CNMSC CNM Security Card $100.00 each Page 10 of 10