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R05-123 II , 1 RESOLUTION NO. R05- 1a.3 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING THE APPROPRIATE CITY 6 OFFICIALS TO EXECUTE A BELL SOUTH BUSINESS 7 WINNING REWARDS PROMOTION TERM 8 AGREEMENT AND ADDENDUM TO OFFSET THE 9 COST OF INSTALLATION AND OTHER START-UP 10 COSTS FOR NEW SERVICES TO EXISTING 11 BELLSOUTH BUSINESS CUSTOMERS; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the winning rewards program is extended to the City to offset the cost 15 of installation and other start -up costs for new services while applying a 15% savings towards 16 the monthly Bellsouth bill; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff, deems it to be in the best interests of the citizens and residents of the 19 City of Boynton Beach, to enter into an agreement and addendum thereto with Bellsouth for 20 its Business Winning Rewards Promotion to offset the cost of installation and other start-up 21 costs for new services while applying a 15% savings towards the monthly Bellsouth bill. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach. Florida does 27 hereby approve and authorize the appropriate City officials to enter into an agreement 28 including the addendum attached thereto with Bellsouth for its Business Winning Rewards 29 Promotion to offset the cost of installation and other start-up costs for new services while 30 applying a 15% savings towards the monthly Bellsouth bill. 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 S:\CA\RESO\Agreements\Bellsouth Winning Rewards.doc II I 1 PASSED AND ADOPTED this ~ day of July, 2005. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 51 6 7 8 9 10 11 12 --- 13 14 15 &~ // 16 ~~ 17 . r~ 18 CommIssIoner 19 ATTEST: 20 21 22 2 2 25 S:\CA\RESO\Agreements\Bellsouth Winning Rewards.doc @) BELLSOUTH RoS" - fcQ3 BellSouth® Business Winning Rewards Promotion(SM) Term Agreement The undersigned Customer desires to participate in the BellSouth® Business Winning Rewards Promotion (the "Promotion") and agrees to the following: 1. Eligibility. This Promotion is available to new or existing BellSouth business customers, and existing BBWR or BellSouth® Business Premium Rewards customers whose contracts expire within six (6) months of the execution of this Agreement, and who subscribe to regulated services reported as such by BST in accordance with the FCC's Part 32 "Uniform System of Accounts" ("Regulated Services") in an aggregate monthly billing amount between seventy-five dollars ($75) and twenty-five thousand dollars ($25,000). Customer must also agree to a twenty-four (24) or thirty-six (36) month term. Regulated Services shall not include: Hunting services, 911 services, BellSouth® SMARTPath® Service, services under Custom Service Arrangements (CSAs), and any services enrolled in another BellSouth program or promotion except where expressly offered to BBWR customers. 2. Enrollment. By enrolling in the Promotion, Customer is eligible to receive "Monthly Rewards," "Hunting Rewards," and "New Service Rewards," as those terms are defined below (collectively, "Rewards"), on the monthly recurring, non-recurring, and usage charges up to $25,000 for Regulated Services billed to the Billed Telephone Numbers (BTNs) identified on the attached Enrollment Form ("Monthly Billing") in accordance with the Term and Reward Schedule selected by Customer herein. Monthly Billing shall not include taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and other charges collected on behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service) ("Excluded Charges"). 3. Monthly Reward. If Customer's Monthly Billing meets or exceeds the selected Monthly Commitment Amount, Customer will receive a monthly credit equal to a percentage of Customer's Monthly Billing in accordance with the Term and Rewards Schedule selected by Customer ("Monthly Reward"). 4. Hunting Reward. Customer will receive a monthly credit equal to a percentage of Customer's monthly charges (not including Excluded Charges) for Hunting services that are billed to the Billed Telephone Numbers (BTNs) identified on the attached Enrollment Form in accordance with the Term and Rewards Schedule selected by Customer ("Hunting Reward"). 5. Annual Bonus Reward. If Customer's Monthly Billing aggregated over each 12-month period of the Term of this Agreement ("Annual Billing") meets or exceeds the selected Annual Commitment Amount agreed to by Customer, Customer will receive a one-time annual credit equal to a percentage of Customer's Annual Billing for that 12-month period in accordance with the Term and Rewards Schedule selected by Customer ("Annual Bonus Reward"). 6. New Service Reward. Customer will receive a waiver of installation charges and the waiver of the first month's monthly recurring charges for all new Qualifying Services ordered during the Term of this Agreement ("New Service Reward"). "Qualifying Services" are defined as: 1 FBs, Hunting, Custom Calling Features, PBX Trunks, BellSouth® Centrex Service, BellSouth® MegaLink Services, BellSouth® Primary Rate ISDN Service, BellSouth® Frame Relay Service, and BellSouth® CrisisLinksm Service (36-month term only), that are not currently being subscribed to and are not subject to a Contract Service Arrangement or other program or promotion. Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs. 7. Term. The term of this Agreement shall begin on the date of the first billing cycle following the date on which Customer signs this Agreement in which Customer receives a Reward ("Enrollment Date") and shall extend for the term selected by Customer in the Term and Rewards Schedule ("Term"). 8. Reward Credits. Rewards will be applied as credits in the OC&C (Other Charges and Credits) section of the BellSouth bill for the applicable BTNs enrolled in this Promotion. Monthly Rewards and Hunting Rewards should appear within 60 days of implementation of this Agreement and New Service Rewards should appear within 60 days following installation of new Qualifying Services. The Annual Bonus Reward should appear within 60 days following the completion of each 12-month period for which Customer is entitled to such Reward. 9. Taxes and Fees. Applicable taxes and fees will be based on the full retail price of all products and services that are billed. No taxes or fees will be added to the Rewards given under this Promotion. 10. Termination. Should Customer terminate this Agreement without cause or all services with BellSouth covered by this Promotion prior to the expiration of the selected Term, Customer must reimburse BellSouth for all Rewards received prior to the date of such termination. These charges will appear on Customer's final bill as a charge in the OC&C section. The application of the charges pursuant to this section shall not affect the application of applicable termination charges pursuant to the tariff or any other agreement. CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION 07/2005 (C) Page 1 of 2 CPG 11. Customer agrees to the following Term and Reward Schedule. This offer is available until September 30, 2005: TERM AND REWARD SCHEDULE o Twenty-Four (24) Month Term o Thirty-six (36) Month Term Monthly Reward: 10% 15% Percentage of Monthly Billing if Customer bills (Not to exceed $2,500 per month) (Not to exceed $3, 750 per month) Monthly Commitment Amount Monthly Commitment Amount: Minimum amount of Monthly Billing required $500 $500 to receive the Monthly Reward Hunting Reward: 75% 100% Percentage of monthly Hunting charges Annual Bonus Reward: 3% 5% Percentage of Annual Billing if Customer bills (Not to exceed $9,000 per year) (Not to exceed $15,000 per year) Annual Commitment Amount Annual Commitment Amount: Percentage of Customer's annualized 90% 90% Monthly Billing as calculated and agreed to on the attached Enrollment Form New Service Rewards: · Installation Charges Waived · Installation Charges Waived For New Qualifying Services ordered during · First month's Monthly Recurring · First month's Monthly the term of this Agreement. Charges Waived Recurring Charges Waived 12. This Agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs. 13. Customer and BellSouth acknowledge and agree that to the extent the services covered under this Agreement constitute a "bundle or combination of products or services" under Tennessee Senate Bill 182/House Bill 593, effective June 1, 2005, all references to "BeIlSouth's General Subscriber Services Tariff," "BellSouth tariffs," "BellSouth's lawfully filed tariffs" or any other reference to BellSouth's tariffs on file with the Tennessee Regulatory Authority shall be deemed references to agreed contract terms and conditions identical to those set forth in the applicable tariff(s) for the services included within the Subscriber's bundle or combination, as such tariffs existed on May 31, 2005, and which are on file with the TRA. Such tariffs are incorporated herein by reference as if included fully herein and can be reviewed at http://www.bellsouth.com. To the extent there exist any discrepancies or inconsistencies between the terms set forth in the body of this Agreement and those incorporated by reference, the terms set forth in the body of this Agreement shall govern. Should Customer desire to purchase the telecommunications services included in such a bundle or combination without additional products and services, they are available individually at prices posted on BellSouth's website or previously filed with the TRA. CUSTOM.12;' BELLSOUTH TELECOMMUNICATIONS By: ~ By: Bellsouth Business Systems, Inc. Print Name: I<IIRT RRF~~NER By: Title: CITY MANAGER Print Name: ~Ll.I'I BOYNTON BEACH, Fl Date: .Q" , /loos- Title: Business Address: 100 E '&,^TDn ~ 'Blvd. Date: City/State: ~"TDn 'EeACH, FL 2,3&/.a5" Business Phone:OO l~a.-loO/D A7~ ATTORNEY CONFIDENTIAUPROPRIETARY - NOT FOR DISCLOSURE WITHOUT WRITTEN PERMISSION 07/2005 (C) Page 2 of 2 CPG · Addendum to: BellSouth® Business Winning Rewards Promotion(SM) Term Agreement Between BellSouth Business and City of Boynton Beach, FL. Dated: May 13, 2005 The following provision shall be added to the Agreement: Customer is responsible for all applicable taxes and fees except those fees or taxes from which such entity is exempt as evidenced by a properly completed tax exemption certificate to be supplied by Customer to BellSouth at intervals required by the appropriate taxing authorities. CUSTOMER: BELLSOUTH TELECOMMUNICATIONS, INC. ~ By: BellSouth Business Systems, Inc. By: By: ~¿:( - Print Name: KURT RRFSSNER P,;,tName ~4~K Title: CITY MANAGER Title: "T..e-GL..A /). ~ ;P~YN l~§(NACH, Fl Date: -¡ / :2]/ CJ?J Date: Jul V . Business Address: 100 E. ~ Boynton Bch. Blvd ( City/State: Boynton Beach, FL 33435 Business Phone: CITY AlTORNEY » What are the benefits of using BellSouth products and services for my business? BellSouth® Business Winning Rewards'" Program provides rewards for using our products and services to meet your business telecommunication needs. Guidelines for the BellSouth Business Winning Rewards Program We are offering the BellSouth Business Winning Rewards Program to you because: . You spend between $75 and $25,000 monthly with BellSouth on regulated services. . You have signed a 12, 24 or 36-month At a Glance agreement. · BellSouth · You are not participating in any other oppreciates your Enhance Your BellSouth Service BellSouth reward-style program. business · Who quolifies for The BellSouth Business Winning Rewards Because there are three kinds of term BellSouth' Business Program gives you the perfect opportunity to commitments, 12, 24 or 36-months, BellSouth Winning Rewards renew and enhance your BellSouth service. Business Winning Rewards is also offering three Program Beginning December 8, 2003 through June 30, different rewards. · Additional services 2004, business customers who meet the at a savings to you . For the 12-month agreement, you will receive eligibility requirements for this program will 5% off your monthly billing for regulated · BellSouth is your receive rewards and special offers. Here are the services, not to exceed $1,250. This could trusted source for more secure, qualifying products and services that are result in savings of more than $15,000 for the reliable solutions eligible for the BellSouth Business Winning term of the agreement. You will also receive Rewards Program: 50% off any hunting charges. · BellSouth'" Centrex Service . For the 24-month agreement, you will receive · BellSouth'" Frame Relay Service up to 10% off your monthly billing for · BellSouth'" Megalink'" Service regulated services, not to exceed $2,500. This · Hunting could translate into savings of more than $60,000 for the term of the agreement. You · lFB's will also receive 75% off any hunting charges. · BellSouth'" Channelized Megalink Service · For the 36-month agreement, you will receive · Custom Calling Features up to 15% off your monthly billing for · BellSouth'" Primary Rate ISDN (PRI) regulated services, not to exceed $3,750. These savings could be valued at more than · PBX Trunks $135,000 over the term of the agreement. You Depending on the product purchased and will also receive 100% off any hunting contract length, new customers or existing charges - so, the longer you stay, the more customers with new, qualifying services may you save! receive a one-time waiver of installation charges and one month free service. @ BELLSOUTH Listening. Answering.~ What are the benefits of using Bel/South products and services for my business? BellSouth'" Business Winning Rewards Program provides rewards for using our products and services to meet your business telecommunication needs. Bel/South Sweetens the Deal · This offer may not be combined or used concurrently with any other reward programs You have met the guidelines and are ready to such as BellSouth Business Premium Rewards, receive rewards for your current selection of Key Customer, Volume and Term Agreements, services from BellSouth - and the benefits don't Contract Service Arrangements, Custom end here. We are providing you with the Advantage and Optional Payment Plans for opportunity to save money, expand your Multi-line (Florida only). telecommunications services and keep your critical business communications with a trusted · One contract per customer. source. As additional incentive to diversify and . Applicable taxes and fees will be based on expand your business telecommunications the full retail/tariff price of all products and portfolio with BellSouth, we invite you to try one services and no taxes and fees will be added of these new services. Contact your account to the amount of any reward under this representative to find out about special offers agreement. on the following when you subscribe to the . Early termination charges apply. BellSouth Business Winning Rewards Program: . Eligible billing does not include taxes, late · BellSouth'" Long Distance (LD) Service' payment charges, charges billed pursuant to · BellSouth'" Dedicated Internet Access Federal or State Access Service Tariffs and (DIA) Service charges collected on behalf of municipalities · BellSouth'" Digital Subscriber Line (DSL) Service (including but not limited to surcharges for 911 service and dual party relay service). · Cingular'" Service Your Trusted Source Details about the Offer You can be secure in the knowledge that as As with all offers, there are guidelines and markets evolve and technologies change, general rules that must be followed to continue BellSouth continues to expand our breadth of receiving rewards for the Business Winning services to help you manage changes and Rewards program. Here are some of the key streamline your operations. Stay efficient and guidelines for this program: competitive in these fast-moving markets with . Sign 12, 24 or 36-month term agreement. more secure, reliable solutions you've come to . Reward appears monthly on the OC&C expect from BellSouth. . These services are provided by section. Bel/South Long Distance. Inc All trademarks contained herein are the property of BellSauth Intellectual For more information regarding the Bel/South" Business WinningS,V Rewards Property Corporation, ©2003 BellSouth Program and our complete portfolio of products and services, please Corporation. contact your BellSouth account representative, or visit us online at 12/03 BB1B99 www.bellsouth.com/business @ BELLSOUTH Listening. Answering.- L() 0 0 0 It) 0 , , I , , , , 0 0 C'II ~ I I I I , I , 0 , , , 0 ~ .... 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It) It) It) It) It) It) It) It) It) It) It) It) It) It) It) It),.... a:: .- Q.) 0 OJ (() c:: c:: c:: ~ JUl-l~-l~~J(THU) ~~ : J~ ~~~ ~Al~~ n~ (fA~)J~l ~~~ ~~JJ ~, ~~ l BellSouthGÐ Business Winning Rewards Enrollment Form - Attachment A Company Name: City of Beach Beach Customer designates the Billed Telephone Numbers (BTNs) listed below for initial enrollmen : ir Promotion. Customer may enroll additional BTNs to this Agreement at any time during its ~·I m BTNs enrolled dµring this Agreement Term are eligible for and will contribute to CustomelJe . ~OI Ji.l Bonus Target amount and Annual Bonus Reward. -- - -- -- - REWARD SUMMARY Regulated Monthly Billing: $ 15,461.00 I/f}) Eligible Monthly Billing: $ 14,59B.00 i ~ Eligible Hunting Billing: $ BO.OO CU~ mllial Monthly Minimum Target: $ 500.00 7-zy'or (to receive Monthly Rlwanl) Annual Bonus Target: $ D,- 157.658.40 (to f8CI'''' Ann.,.' BDlJus) -- -- - --- - TC BTN BASE ###II 56~3644U7907B $ 141.00 5613645579001 $ 45.00 5613645602001 $ 45.00 5615476651001 $ 45.00 5617315962924 $ 45.00 5617340638001 $ 319.00 5617341458001 $ 45.00 5617342084684 $ 45.00 5617384658001 $ 45.00 5617409940001 $ 45,00 5617524125568 $ 45.00 561 V06750900 1 $ 220.00 561V075634544 $ 584.00 561V491950001 $ 155.00 561V493161001 $ 271.00 561V497037001 $ - 772V069911001 $ 13,366.00 CITY CLERK'S OFFICE MEMORANDUM TO: Peter Wallace ITS Director FROM: Janet M. Prainito City Clerk DATE: July 26, 2005 RE: RESOLUTION NO. ROS-123 - Bellsouth Business Winning Rewards Promotion Term Agreement Attached is the partially executed oriainal agreement for the above-mentioned project. Once the contract is fully executed, please return the original to this office for Central File. Please contact me if there are any questions. Thank you. ~~'tn. ~~ Attachments Copy: Central File s:\CC\WPIAFTER COMMISSrON\Departmental Transmittals\2005\Peter Wallace - R05-123 _ Winning Rewards _ Bellsouth.doc J~l-¿~-¿~~J(rHU) ~~ : J~ ~~~ ~AU~ wr~ (fAX)Jbl b~~ bbJJ ~, ~~ 1 To: Janet Prainito 561-742-6090 From: Karen Holmes Fax: 1-800-505-4552 Janet- Please intitial this page and fax to me at 1-800-505- 4552. ] f you have any questions please call me at 640-6638. Thanks! '- ,(~: ; . --i "C_I..: r\) "~ - -. .,,:,~"~' ,- -,.... --~I t- ::-;.J -"', -...... , ¡'""--..J ~~ Io.)¡ (~J!:' i i'" -"_.. 'C) -.., ---