6 of29 - Florida Public Service Commission

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BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Complaint by BellSouth Tele- ) Communications, Inc., Regarding 1 The Operation of a Telecommunications ) Company by Miami-Dade County in 1 Violation of Florida Statutes and ) Commission Rules )

DOCKET NO. 050257-TL

VIDEO-TAPED DEPOSITION OF MAURICE JENKINS DATED AUGUST 5,2004

FINAL EXHIBIT NO. 17

6 of29

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IN THE CIRCTJIT COURT OF THE 1 1 t h J U D I C I A L C I R C U I T I N AHD FOR MIAMI -DADE COUNTY, FLOE.1 ISA

GE ME PAL J U R I S D I CT I OM D I V I S I OM

BELLSOUTH TELECOMMUNICATIOlJS, IfJC . , a ffireign corporation,

P l a i n t i f f ,

vs.

MIAMI-DADE COUNTY, a p o l i t i c a l subdivision of t h e State of F l o r i d a ,

D e f e n d a n t .

VIDEOTAPE DEPOSITION

CJ F

MAURICE J E N K I N S

100 S o u t h e a s t 2nd S t r e e t S u i t e 1200

M i a m i , FL 33131

Thursday, August 5 , 2004 10:15 a.m. - 5:OO p .m.

KRESSE & ASSOCIATES, INC. ( 3 0 5 ) 371-7692

Final Exhibit No. 17

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For the F l a i n t i f f s :

MAF,TIN E. G0LL?EEPLG, E 9 2 .

Lash c Goldberg, LLP Bank of America Tower, S u i t e 1200

1 0 0 Southeast 2nd Street

Miami, FL 33131

For the Defendants :

DAVID S. HOPE, ESQ.

Assi3tant Cnunty Attorney

County Attorney's Office

F.O. Box 592075

Miami, FL 33159-2075

Also present: Sharon Liebman, Attorney, Bel lSouth Wayne Tubaugh, BellSouth Dorian Denbsry (on conference c a l l ) Bel lSouth

I N D E X

Witness Direct C r c l s s

MAURICE JENKINS 4

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KRESSE & ASSOCIATES, INC. ( 3 0 5 ) 3 7 1 - 7 6 9 2

PSC 4868

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E X H I B I T I N D E X

Description

Not i ce

R e s o l u t i o n

Memo, Counsel t o Jenkins 3/5/02

Second amended complaint

Defendant's Answer and affidavit

Miami-Dade's response to Interroy.

Affidavit

Airport rental agreement, etc.

Diagram

IO. Customer list as gf 2 / 0 3

11. Customer list as of 2/02

12. Photo

13. Phcrto

14-22. Photos of stores

23. P r i c i n g document

24. P r o p s a l

25. Two e-mails, Warner t o Jenkins

2 6 . Invoice from Aviation Dept.

27. Invoice 7/1/02

28. Composite MDAD STATS hilling

29. Invoice

Fage

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KRESSE & ASSOCIATES, I N C . (305) 371-7692

PSC 4869

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THEPLEUPON:

MAURICE JENKINS,

a witness named in the notice heretofore filed,

having been first d u l y sworn, deposes and says as

follows:

MF.. GOLDEEFG: Present f o r the plaintiff

BellSouth Telecommunications, Inc., Martin

Goldberg, law firm of Lash & Goldberg on behalf

of EellSnuth. Also present- is Sharon Liebman.

At the deposition here t oday as well is

Wayne TuGauyh from BellSouth, as well as Dorian

Penberg, whn is present by telephone.

MR. HOPE: David Stephen Hope, Assistant

County Attorney on behalf of Miami-Dade County.

MF.. GOLtIFERG: And your witness here today

is Maurice Jenkins?

MR. HOPE: Correct, who is our head of our

information technology division at Miami

International Airport.

MR. GOLDBERG: Thank you.

DIRECT EXAMINATION

BY MR. GOLDBERG

Q. Mr. J e n k i n s , a r e you ready to proceed with

your deposition this morning? - 7 - A . ICs.

. . . . . . . . . .

KRESSE & ASSOCIATES, I N G . (305) 371-7692

PSC 4870

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Q. Qnce again, let me just introduce mysel f .

My name is Martin Goldberg.

BellSouth in the case that was just read into the

r e c o r d . Have you been deposed before?

I am here on behalf of

A. Yes, sir, I have.

Q. So I am going to sort of shortcut my

introduction and ground rules and let's just go ever

a couple of points, and then w e will proceed into

more of the sulclstance of the deposition if you don't

mind.

Most of my questions as you will see today

can prcbably he answered with a yes or no.

course, at any time if it can't be answered with a

yes or no please do so .

Of

If yeu want to answer yes or no and then

explain your answer, obviously please feel free to do

that as well. OK?

A. OK.

Q. The deposition that's going to occur is

obviously a series of questions that I am going to

ask you and t hen you are go tc> prnvide answers tn

those questions.

I just want to remind you since you have

been sworn and you are under o a t h that any answer

that you provide to a question that I ask has to be

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PSC 4871

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truthful, complete and not mis leadmg. I2n you

understand that?

A. Yes, I do.

Q. OK. If you do answer a question we are all

going t o assume here on the record as well as for

purpcses of the videotape that you have understood

the question that I have asked.

as well?

Is that OK with you

A. That's fine.

Q. OK. If by any chance you don't understand a

question, which may be very l i k e l y because I may ask

a confuslng questlnn nr a question t h a t just doesn't

make sense to you, please ask me to restate the

question or to clarify the question or just tell me

you don't understand and then we will try it again

before you provide an answer.

Is t h a t OK with you as well?

A. That's fine.

Q. Your lawyer is here, Mr. Hope. If at any

time you want to take a break please let me know, I

will do my best, although we may not take a break at

that exact point in time, we will honor your request,

nf c o u r s e , and proceed that way.

We'll get into more of your preparatlon for

this d e p o s i t i o n , but one last point I want to make is

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KRESSE & ASSOCIATES, I I J C . ( 3 0 5 ) 371-7692

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M r . Hope is yeur attorney on behalf of the county.

H e serves as an advocate for the munty's position

and it is his job to a r g u e and t r y to c o n v i n c e the

judge in this case what the truth is and so forth.

He has to and w i l l argue the county's case before the

judge .

Your ro l e here today, though, I want to

emphasize, is just to tell the truth, to provide the

facts. It is not to advocate a particular position

because I think a deponent's role is simply to answer

the questions that I ask truthfully and completely.

Do you unde r s t and that?

A. Yes, sir.

(1. OK. Let me show you what has been marked

what I'll mark as Plaintiff's Exhihit MLT1.

(Notice marked MJ Exhibit 1 for

identification)

While you l n o k at that with a CCF:' to

Mr. Hope --

MR. GOLDBERG: David, is it OK if I refer to

you as David?

MR. H O F E : David i s fine.

Q. Do you recognize this document?

A. Yes, sir, I do.

Q. Have you seen that document before?

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PSC 4873

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A. Yes, sir, I have.

Q. This is the nctice of taking of videotape

deposition for this morning's deposition.

addressed to have appear at this depositlon the

defendant, whish is the county's corporate

representative with the most knowledge of MDAD's

provision of local service at county owned airports

and the tenants to which such local service is

prnvlded; as well as number 2, MDAU's statement in

its response to interrogatory number 3 dated March , 2004 that MDAD does not charge MDAD tenants for l oca l

service.

And it was

Did I read t h a t correctly?

A. Yes.

8 . Are ynu designated by %he county as the

individual w i t h the most knowledge of those areas

identified in Exhibit M J l ?

A. Yes, sir.

Q. Can you tell me how it came about that you

were designated as the corporate representative for

purposes of this deposition here this morning?

A. My job title is the manager of information

systems and telecommunications for the aviation

department.

my two organizations, one of which is

That respmsibility entails nversight of

KRESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7632

PSC 4874

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telecommunications.

Q. Let me just ask YOU, you might have to keep

your voice up even though you have a microphone

there, the videographer may hear you but the court

reporter may not.

A. No problem.

Q. The other thing, let me clarify since there

is a court reporter here. As you know, he can only

take dcwn one voice at a time, so I am going to do my

best to let you finish your answers before I a s k a

question. And I'll likewise ask you to wait until I

finish the questiDn before you answer so he ~ ~ ~ s n ~ ~

have a problem. OK?

A. Noted.

12. Also, the nther thing is p u r attorney

obviously has the right to object to any question I

ask on a limited basis.

a little bit cf time fnr David jumping in and

objecting before the answer is given because an

objection after the answer is given is of no merit.

So I ' d appreciate you giving

I am sure Mr. Hope obviously understands

that.

You were saying about your job title. We'll

go through that, but let me ask you a more precise

quest ion.

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PSC 4875

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Who designated you as a corporate

representative for today's deposition?

A. When I received a copy of this document, it

requested the individual most knowledgeable. I

looked a t it, and a f t e r discussion with counsel

determined %hat it should be me.

Q. Were there other people considered to appear

as t h e person with the most knowledge of these areas?

A. I didn't ccrnsider anyone else directly. I

c o u l d have probably so , b u t I did not.

Q. So you made the decision to designate

yourself i n shclrt clrder, is that correct?

A. Y e s , s i r .

Q. Your current position again is what at the

airport?

A. Manager of information systems and

telecommunications.

Q.

A. In excess of five plus years. I'm not sure

How long have ycu been in that posltion?

exactly.

Q. If you could you just give me a general

outline of your day-to-day duties and

responsibilities please?

A. Managing two organizational units of a

hundred people, responsible for all information


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technology and teleccmunlcatlons wnrk done a t the

airport on the IT side, everything from desktop

suppor t , application development, network management,

network design and implementation.

On the telecommunication side, customer

service represents, cellphone deployment,

coordination with cellphone providers, installatiens

of telecommunications equipment, coordination of

services, working with our lnng distance provider,

which is MCZ, and also coordinating with BellSouth

for work to be done on airport property.

Q. Any other general areas that you are

responsible f o r , other than those you have listed?

A. Yes. We'll be here for a while. Working on

new design implementation, cnmmnn UQP, facility

development f o r t h e airport, which is r o u g h l y about

$130 million of IT teleoom related type work that we

are doing over the next three years that has an

impact Goth on the department and the customers that

we serve, which are the carriers.

Q. So I guess it is s a f e to say you are the

person responsible for the telecommunications

facility at the airport?

A. rJltimate responslbility, yes, sir.

Q. How many people work for you or, maybe I

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PSC 4877

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should more accurately say, report to you?

A. In its totality just at a hundred if no t a

little hit over a hundred people.

Q. Those hundred people that report to you, are

they segmented out into various departments or

3 r o up s ?

A. Yes, they are segmented into groups.

Q. Could you give me a brief outline of what

g r ~ u ~ s they are in?

A. OK. We have systems and -- do you want the

responsibilities or just the groups themselves?

Q .

A. Systems, network operations, PC desk top and

Why dnn't we j u s t 3~ t o the groups f i r s t .

support. We have technical support/our technical

shop.

We have telecommunications, which break down

into customer serv ice , construction, coordination,

and a l so p u t a s l a s h with prcject management because

they also manage one of our service providers.

I think that just about covers it in i t s

whole broad spectrum. There may be more.

Q . I would assume that within each of these

grcups there's a director or person of managerial

designation? ..- A. ies , in all of them.


PSC 4878

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12. And t h o s e i n d i v i d u a l s who are d i r e c t o r s o r

management r e p o r t t o you? .. A . IPS, sir.

Q . I s it a c c u r a t e o r safe t o c a l l you more of a

really a CEO I=if t h i s e n t i t y o u t a t the a i r p o r t ?

A. A CEO? I want t o make s u r e I unde r s t and

you.

Q . F a i r enough. Generally you have a l o t ef

groups w i t h d i r e c t n r s r ~ p ~ r t i n g t o you?

A. Yes.

Q. And t h e o p e r a t i o n of te lecommunicat ions

f a c i l i t y a t t h e airpnrt, would i t be sa fe t o s a y t h a t

you a c t in t h e r o l e of a CEO a l though not ca l led a

CEO i n t h e private s e c t o r they a r e called a CEO.

Wnuld y w d e p i c t y c u r r o l e as a CEO?

MR. HOPE: Objection t o form.

Q. You can answer.

A. I would deem i t m o r e of a CIO t han a CEO.

Q. And C I O ?

A. Is c h i e f information o f f i c e r .

Q . And t h a t s o r t o f leads t o t h e next q u e s t i o n :

Who do you r e p o r t t o ?

A. I r e p o r t t o t h e assistant di rec tor f o r

a d m i n i s t r a t i o n .

Q . Who i s t h a t c u r r e n t l y ?

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PSC 4879

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A. Ms. BQbbie Phillips.

Q. Who does Ms. Fhillips report to?

A. The deputy d i r e c t o r for the aviation

department.

Q. Who is that currently?

A. Mr. Steve Baker.

Q. And who does Mr. Baker report to?

A. The aviation d i r e c t o r .

Q. And who is that currently?

A. Ms. Angela Giddens.

Q. Do you have any sort of direct line report

to Ms. Giddens nr is it thrcugh t h e F ~ G F ~ P that we

just mentioned?

A. It's normally through the people that we

just mentinne?.

Q. Going back to t h e groups that report to you,

what is t h e purpose of the systems group please?

A. They insure that the nperating systems that

run our primary applications are current.

responsible for storage management, computer

They are

o p e r a t i o n s a n d s u p p o r t .

Q. What is t h e purpose of the network

o p e r a t i o n s group?

A. They do support of the network, insure fire

wall maintenance, insure that the network revisions

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PSC 4880

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and current releases are up to date. They insure

operability uptime.

Q. The ward " n e t w o r k , " specifical1.y w h a t does

network refer to? Sorry if I missed that.

A. In this context of the network it is our

infrastructure that allows the computers that are

connected to, basically, interrelate to each other to

be able to communicate to a common source, to a

server, run an application, access to the Internet.

Those types of things.

Q . And do you have a group responsible for FC

rlrtskttap and S U F F Q E ~ ?

A. C o r r e c t .

Q . Is that computers that are on your

Q. of that

A .

flight

emp1"yPPs ' desks? A. All PCs, ail desktops that are deployed

throughout t h e aviation department's facilities.

Technical support group, what's the Furpclse

group?

They are responsible for supporting our

nformation systems displays. If you come to

the airport all the flight markers that you see, the

paging system, p r i m a r i l y radios , 800 megahertz, 400

megahertz t y p e .

inside the facility to insure that

But their ro le is for the operation

they a r e


PSC 4881

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functioning well; that the systems are responsible

for supporting impact or have to deal with passengers

in some fame or some f a s h i o n .

12. And the legal telecommunications group, can

you explain the purpose of that group?

A. They are responsible for coordination f o r

deployment of cellphones, pagers, coordinating w i t h

carriers, long distance carriers, cellphone carriers,

entit-ies like BellSouth for work to be done at the

airport. Especially as it involves construction and

projects.

(2. Construction is sort, of self defining. What

do you mean by projec ts , can you give me an example?

A. A majority of the projects, most of the

prnjec ts , ongoing at the airport right nnw invnlve,

there's an IT or there's a telecom component of which

it requires, if there's demolition -- one example is the conccurse, the north terminal fer American

Airlines involves the demolition of some

telecommunications rooms.

We have to coordinate that demolltlon tn

insure we minimize impact of service.

So Bell is in one of t h e rooms. We need to

coordinate with Bell that this room is going to be

demolished, need to coordinate when you are going to

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PSC 4882

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come, move out your facilities, move your facilities

out and move them inta a new location so that it

doesn't impart anybody utilizing s e r v i c e s .

That's when t h e coordinatiGn comes into

play.

providers that- are currently on the airport property.

So we work with the contract, work with the

Q. Who is the director or head of that group,

the telecommunications group?

A. Pedro Garcia.

Q. Who is the head of technical support group

please?

A. They r e p r t to Pedro but Steven Podley is

the superintendent.

Q. H o w do you spell his name?

A. P-Ct-P-L-E-Y.

Q. And he reports to Mr. Garcia?

A. Right. In my o r g a n i z a t i o n a l u n i t there are

two reports basically that gcvern the tier.

subsections with the managers. However, there are

t w o individuals that support or basically drive

I have

computer s e r v i c e s and telecom.

Q. So the telecom side we f i n d Mr. Garcia, i s

that correct?

A. Yes, sir.

Q . And on the other side is who?

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,E;RESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7692

PSC 4883

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A. CarlQs Garcla.

Q. And the other side what did you refer to

that as? S o r r y .

A. I'm s o r r y .

Q . My fault. You have the telecom group on one

s ide which is Mr. Pedro Garcia. The other group's

designation or t h e other chain you gave a

designation. What dssignation is that?

A. I call that computer services.

Q. And that is Mr. C a r l o s Garcia?

A. Yes, sir.

Q. A n d just flsr purposes of record can you tell

me who is responsible for the PC desktop and support

group?

A. Michelle Thames.

Q. Spell t h a t please.

A. T-H-A-PI-E-S . Q. Thank ycu very much. Netwnrk operations,

who is responsible for that group?

A. Michel le has some of it, Gut most of it

belongs to -- I'll leave that where Michelle as well.

I'm separating, Gut Michelle has most of it.

Jesus has a part of it b u t leave it at Michelle.

Q. Fair enough. And the stipulatlcn?

A. T h a t would be Michael Lyn.

And


PSC 4884

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‘5. Lyn?

A. Yes, L-Y-N.

Q. Ms. Phillips, who is the assistant director

fo r administration, who reports to her other than

yourself at the airport?

A. She has administrative services, she has

technical support, there’s a division called

technical support, contracts and procurement.

Q. Where is her of f i ce? Let me ask you that.

I don’t need an exact address. Is it at the airport?

It is at the airport but not in the terminal A.

directly.

Q. And Mr. Baker, where is his o f f i c e ?

A. In the terminal.

Q. And then Ms. Girldens?

A. Also in the terminal.

Q. Regarding you1 designation as the person

with the mgst kncwledge cf those areas,

of this deposition this morning, did you have any

conversation about your designation with either Ms.

Phillips, Mr. Baker, @r Ms. Giddens?

fer purpcses

A. No, sir, I did not.

Q. Did you have any conversation regarding your

Pedro designation with either of the two Mr. Garcias,

or Carlos?


PSC 4885

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A. Yes, s i r .

Q. Which one or both?

A. Pedro Garcia.

Q. We'll cDme back to that. You sa id you have

been in this position f o r approximately five years,

is that correct?

A. It could be l o n g e r . I don't know. I've

been a t the airport for a while.

Q. That's the next area I wanted to go to.

Before I go to your prior experience at the airport,

l e t me ask you, let me take you back to 2002 for

purposes of this case.

Was the same structure in place, same

reporting structure to you in place as what you have

j u s t nutlined fer us here t d a y ?

A. I am not sure. I b e l i e v e it to be true.

Q. Any significant changes that have occurred

in t h e r~prtlng structure tp ysu between 2'302 and

today August 2004?

A. As I said, I don't know. I have to look at

the s ta r t date of scme s t a f f individuals.

Q. Were your duties and responsibilities in any

way d i f f e r e n t in 2002 than they a r e today as you have

outlined them in August of 2004?

A. No, sir.

- . . . . . .


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Q. Prior to taking your current positign what

position did you cccupy at the airport since you have

stated you have been a t t h e a i r p o r t for a p p r o x i m a t e l y

15 years?

A. Frior position was chief o f information

s y s t ems.

Q . How l o n g were you in that position?

A. Several years. I'm not sure, I'd have to go

back to my HK records.

Q. F a i r enough. And chief of information

systems, i n that capacity what were your general

du t, i e s and I e s pon s i b i 1 i t 1 e s ?

A. Short-term planning of IT, telco services,

operations, maintenance, support, dealing with

in f nrmat inn t erhnnlngy and t elecammunica t lens . Q. Do you know the year in which you took your

c u L r en t po s i t ion?

A. I'll ]=Is guessing. I dGn't hnw. If p u

allow me to guess I'll say sclmetime between ' 9 7 and

' 9 8 I think, somewhere around that. But I'm not

sure.

Q. Fair enough. As long as if you are not

exactly sure and you s a y you a r e not exactly sure

that's f i n e with us. I'm sure it is f i n e with your

attorney .


PSC 4887

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So just apprcxlmatlng, ynu were chief cf

information systems going back to approximately

b e t w e e n 1995 and 1997, approximate ly , i s that f a i r

enough?

M R . HOFE: Objection t o form.

A. Approximately.

Q. How about before your position as chief cf

information systems, what position did you occupy?

A. D f f i c e sys%ems supervisor.

Q.

A . Several years.

(2. What were your duties and responsibilities?

A. I r an the PC, what's currently the PC group

How long were you in that position?

and the network group.

Q. And chief cf information systems, is %ha%

equivalent to the head of the systems group that you

outlined earlier that reports to you n o w ?

ME?. HOPE: Objectlnn tc1 fnrm.

A. No, sir.

Q. NJO. What is the distinction?

A.

Q. Fair enough.

A. SO -- I'm s o r r y .

Q. Fair enough, and I appreciate that

The systems person reports t o Carlos Garcia.

correction. Was your prior position as chief of

KRESSE & ASSOCIATES, I l JC. ( 3 0 5 ) 371-7692

PSC 4888

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information systPms equivalent t c Mr. Lyn's mrrent

position?

A. No, sir .

Q. How was i t different?

A. It's a lower levsl position.

Q. Mr. Lyn's p o s i t i o n is a lower l e v e l position

or yours was at the time?

A. Mr. Lyn's i s a lower l e v e l position. It

reports tn that position.

Q. Prior t o p u r position t h a t you just

outlined sort of as head of the FC group,

you p s i t i o n e d at the airport?

where were

A. I think I was an office systems s p e c i a l i s t .

Q. For how many years were you in that

posit ion?

A. I t h i n k two or t h r e e .

Q.

A. In t h e PC grcup?

How many years were you in the FC group?

Q. Yes, sir.

A. I am looking a t almost six years .

Q.

A. T h a t wasn't your question. I want to make

Six years as head cf t h e PC group?

s u r e I answered your question.

Q. That's fair enough. I have twn nr th ree

years as chief of information systems t h a t you were

KRESSE & ASSOCIATES, I I JC. ( 3 0 5 ) 371-7632

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in that position, then p u were in the PC grcup, and

I'm asking how long were you pssitioned in that

group?

A. OF;. Can I reask his question back to him,

because I want to make sure I answer the right

question.

Q. Fair enough.

A. As an office systems supervisor I managed

S n I am in t h e PC grnlip because I'm the PC grnup.

hands on because I'm managing a s t a f f .

Q. Let me ask it more accurately. Before you

tcok t h e chief cf information systems psitic7n, y i x x

immediate prior position, how long were you in that

pasi t ion?

A. The immediate Fricr p s i t i ~ n wnuld have been

a b o u t two years.

Q. And then going back in t i m e the office

systems specialist position you are say ing you were

in that pssitian two or three years?

A. Yes, sir. That's about it.

Q.

A. I was an office systems tech 2.

And before that what was your position?

Q. For how many y e a r s ?

A. I thin): a b o u t eight months. That was not

w i t h t h e airport.

._


PSC 4890

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Q. Where was that at?

A. Miami-Dade County main IT department.

Q. We have gone through f o u r p r io r positions

that you occupied before you went to ynur current

position, is that correct?

A. Y e s l sir.

Q. In any of the f o u r prior positions that we

have discussed did you have any direct involvement

with the airport's relationship with any o r all of

the following entities: WilTel, Sentel or Nextera?

A. Please restate the question.

MF.. GOLDBERG: Wf2u11 ynu repeat t h e

question.

(Question read)

MR. HOPE: f2bjectiCm tc fnrm.

Q. You can answer.

A. What do you mean by relationship? We

coordinated werk.

be done at t h e airport, the answer is yes.

So that's cocrdlnatlcn of wcrk to

Q. Outside of coordination of work, did you

have any other involvement w i t h those cDmpanies nn a

day-to-day basis?

A. No, si r .

Q . What do you mean by coordination of work?

Could you explain that to me please?

. . . . . - .. .


PSC 4891

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A. If I'm dnin3 netwcrk drops or I'm installing

a new network or doing connection of a new employ in

which there is no network connectivity or staff needs

tc ccnrdinate with PJextera cr the other two names

that you mentioned, Sentel sir WilTel to have work

done to go ahead and have a cable drop run or cat 5

and t h e n terminate it. So my s t a f f or myself can go

and complete t h e terminations and g e t a user

connected.

Q. You are familiar with Nextera, c o r r e c t ?

A. i es , sir.

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Did yr>u personally work with r2presentatives

of Nextera in any or all of these four positions

prior to your current position?

Do ynii want him to read t h e questinn?

A. Yes, please. As I said before, it is still

coordinating projects of work to be done so I want to

make sure you are asking --

Q. I guess the answer is yes, you did

coordinate p r o j e c t s with Nsxtera?

A. Yes, sir.

MR. HOFE: Objection to form.

Did you actually coordinate projects and 12.

have involvement with Sentel?

A. No, sir.


PSC 4892

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(2. @id ycu have invclvement QII coordinate

projects with WilTel?

A. i e s , s i r .

(2. With respect to with WilTel, do 'JFU recall

..

who you dealt with on a day-to-day basis from that

entity?

A. Let's see. The previous marketing manager,

we've had discussions of requirements as well as the

technical manager, technical project manager nn the

project or working for WilTel.

Q. Were you involved in any way, shape or form

with negotiating any business or c n n t r a c t u a l

arrangements between WilTel and the airport or the

county or MDAD, and I'll talk to yclu abou t that in a

second.

A. Can you repeat the question.

(Question read by the court reporter)

A. Yes, I believe s o .

Q. Can you tell me in what respect you

negotiated nr had that type n f contact with WilTel?

A. If there is project work to be dons I

would -- if there's project work to be done you could

l o o k at it, primarily it's -- if I need a drop or a

network connection or need a line to be installed,

KRESSE & ASSOCIATES, I I JC. (305) 371-7692

PSC 4893

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it's having the disrusslcn with WilTel cf sccping the

work to be performed, providing a price quote of the

work to be performed before it's appraved.

If I don't l i k e the price r3\r what's rquiIed

in regards to labor or product used, the

determination will be made whether it is yes or no or

actually have them do the work or not.

Q. Let's jo back to just establishing your

knowledge and your role here as a corporate

representative.

Could you just tell me briefly abut your

education. WherP d id you go t~ sizhool? 1Z12llege

f i r s t .

A. School University of Miami.

Q . What year did you graduate?

A. 1957.

Q. What degree?

A. I have a barhelcr's in business

administration with a concentration in computer

information systems and business.

Q.

A.

Did you ever receive any graduate education?

You did some postgraduate classes a t UM but

that's it.

Q .

A. Mostly IT telecom related.

What type of post-grad classes?


PSC 4894

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Q.

A. Miami Palmetto Senior High School .

Q. Were you born and raised in M i a m i ?

Where did you 30 to hi3h schcol?

A. No, sir.

Q. Where were you born and raised?

A. St. Andrew Parish, Ballton Park Road,

Kingston, Jamaica.

(2. What have you done to prepare for this

deposition this morning?

A. Nothing.

Q. Did you meet with Mr. Hope?

A. No, sir , I d id net,.

Q.

A. Yes, sir, I did.

Q.

Have you reviewed any documents?

S n ycu reviewed documents in preparation f o r

the deposition this morning?

A. I pulled out this thing. Yes, sir. Well, I

pulled nut the document.

Q. That's MJ number 1 you are referring to, the

notice of taking deposition?

A. Yes, sir.

(5. Did you review any other documents before

you came here today in preparation fo r this

deposition?

A. No, sir.

KRESSE & ASSOCIATES, IWC. ( 3 0 5 ) 371-7602

PSC 4895

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'2. When did 170u learn ahut -- when did p u

designate yourself to be the corporate representative

f o r the purposes of this deposition?

A . When I got this fax that came to me that we

were, faxing Plaintiff's Exhibit M J 1 . When I

received that and the date of the deposition I looked

at what they were a s k i n g f o r and I opted, I opted tl2

come and sit in to do this deposition.

Q. And this was, this notice of taking

deposition M J 1 was mailed to p u r attorney or served

on your attorney on or about July 21 of this year,

2004.

So between July 21 and today, August Sth, is

it your testimony that you have not reviewed any

rlwxments in preparation f n r this depnsition nutside

of this document MJl? ..- A. I C ~ , sir.

Q. Have yiu met with Mr. H ~ p e at any time

between J u l y 21st and today to prepare or discuss

this deposition?

A. No, sir.

Q. Have you met with anybody to prepare or

discuss this deposition between July 21st and today,

August 5 t h ?

A. Yes, sir.


PSC 4896

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' 2 . Please t e l l m e who?

A. Fedro Garc ia .

Q. When d i d you meet w i t h Mr. G a r c i a ?

A.

Q . Today i s August 5 t h , you a r e r e f e r r i n g to

E i t h e r Monday 3r Tuesday cf t h i s wee):.

p e r h a p s August 2nd 01 August 3rd?

A. Yes, s i r .

Q.

A. I t w a s r i g h t a f t e r a meeting i n a m n f e r e n c e

Where did you m e e t w i t h him?

room, I j u s t t o l d h i m I wanted t o speak w i t h him.

Q. When you spoke t o him was anybody e lse

p r e s e n t ?

A. No, s ir .

Q . H o w long d i d you speak t o h i m ?

A. Ahcut f i v e , maybe ten minutes.

Q.

A. Yes, sir.

(2 . A. No, s ir , I do n o t .

Q.

Did you make any n o t e s d u r i n g that meeting?

LQ ycu haae t h n s e nntes w i t h yeu t cday?

You have a number of documents i n f r o n t of

you.

c o n t a i n e d i n t h e documents i n front of you today .

I j u s t want t o make sure t h a t t h e notes are not

A. No, sir.

Q. OF;. Where are t h e ngtes located as w e s i t

here today?


PSC 4897

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A. They shculd be in my office cn my desk, if I

am not mistaken, o r in the drawer.

Q. Let me j u s t put on the record f o r your

counsel's information and yours as well that we will

ask to have those notes produced. So I'd like to ask

you, and I am sure you can discuss this with your

counsel, not to dispose of t hose notes, a l t e r those

notes or really do anything to t h o s e notes from this

point forward u n t i l we have a chance to receive

copies of them. Is t h a t OK with you?

A. That's fine.

(2. I'm sure Mr. Hope will discuss that- with you

l a t e r . B u t thank you very much.

Why did YGU want to meet with Mr. Garcia?

A. Just -- twcr? things. Cme, tc let h i m know

that this deposition was coming up and I was going.

And I asked him just two questions.

Q. What w 5 r e the t w c questinns?

A . One, who was providing service or were we

providing service at our GA airports,

going to respond back to me on that.

and he was

And what was the other question? And t h e

9 t h e r nne I believe had to do with our STS customers,

share tenant service customers, with rgference to how

many we had, if I am not mistaken.


PSC 4898

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(2. With respect to the first question and maybe

I don't have it written down right, but the first

q u e s t i o n was who or what was providing --

A. Service at cur GA airports.

Q. And GA stands for?

A. General aviation airpnrts.

Q. S o r r y . Why did you need to ask him that

quest ion?

A. Because we have four general aviatinn

facilities and some of them are pretty far out, and I

thought that we may be the ones providing all the

service there (11 i%'s a combination (r?f us as well

other telecom providers, and I wanted to verify that.

And the reason being I was l o o k i n g at the

statement that was in I guess the requirements here

and I j u s t wanted to make sure I got some

clarification.

52. And ycu are referring to again, just for the

record, to M J l ? .- A. ies, sir.

Q. And s o you on Monday or Tuesday when you

spoke to Mr. Garcia you did not knaw for sure whether

MDAD was providing telecommunications service at

those other GA airports, is that correct?

ME. HOFE: Objection to form.


PSC 4899

Page 34

A. 119, sir . We have a presence at t h a t

facility because we have offices at the facility.

w a s inquiring whether we a l so , whether there also

were other 'service providers o u t there as well.

I

Q. Did you receive an answer from him prior to

the deposition?

A. Yes, sir.

Q. Can you tell me what that answer -- first,

how did you receive that answer frnm him?

A. It's an e-mail that he sent me. So we can

g e t that e-mail as well.

Q. I will ask yoli tQ retain that e-mail.

Can you tell us what t h e e-mail said?

A. It said three things. Primarily said that

we don't have any STS services at our GA airports.

Which means if there are any customers on the general

aviation property getting telco service it's not

caming via ths aviaticn department.

Q. Do you know who it is coming v i a if it is

not the aviation department?

A. No, sir, did not i n q u i r e . It could come

from any telco provider.

Q. D i d you follow up with Mr. Garcia with

respect to his e-mail?

A. No, sir.

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PSC 4900

Page 35

Q. The seccnd questim you asked him was how

many STS customers you have at the Miami Airport, is

that correct?

A. Something to the ef fec t of that. I'm nnt

s u r e . It would be i n the e-mail as to I think STS or

hnw it is provided. You would have to l o o k at the

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e-mail to be honest.

Q. Do you racall what the answer was to the

serond question?

MI?. HOPE: Objection, privilege in terms of

our customer and number of customers.

I am instructing the deponent not to answer.

MR. GOLDBERG: Just to make the record

clear, it is your contention and assertion that

the amount cf customers nr all c u s t n m e r

information is privileged and confidential?

MR. HOPE: Correct. I think you can ask

whether or no t we have STS customers.

able to answer that.

intcr quantities, which you can break down, that

should be privileged and protected.

He'll be

But if you start getting

MR. GOLDBERG: That's an issue we will have

tn take up with the court at a later date.

Q. Anything e lse discussed with Mr. Garcia

during your five to ten minute meeting with him?


PSC 4901

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A. bJ9 , sir.

Q. Have you ever reviewed Mr. Garcia's

testimony in this case?

A. No, sir.

Q. t h i s case?

Do you know whether or not he was deposed i n

A. I believe he was.

Q. Have you had any discussions with Mr. Garcia

about his deposition in %his case?

A. No, sir.

Q. Have you had any discussions with Mr. Hope

about- Mr. Garcia's deposition in this case?

A. No, sir.

Q. Have you read Mr. Garcia's deposition in

this case?

A. No, sir.

Q. Have you read any of the pleadings that have

been f i l e d rn court in this case?

A. Yes, sir.

Q.

A. One that had to do wlth I guess there were

Do you recall what pleadings you have read?

claims, I'm not sure, from BellSouth I t h i n k 22 of

them, 25 of them, and the response that we sent b a c k ,

the department sent back to those claims.

Q. When you s a y claims, are you referring to,


PSC 4902

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maybe let me see if I can refresh your recollectlon,

interrogatories or questions that were asked and

responses that were sent back, i s t h a t what: you are

referring to?

A. T h a t sounds familiar.

(2. We'll go over that in a second.

go back to Mr. Garcia's testimony.

L e t me just

I just want to be

clear.

Is it your testimony that you have not

spoken to anybody, any person regarding Mr. Garcia's

testimony in t h i s case?

A. That is factual. Yes, s i r .

Q. And i f I asked you to tell m e what Mr.

Garcia said or didn't say at his deposition would you

be able tn t e l l me anything?

A. No, sir.

Q. Who at the airport is responsible for

overseeing this lawsult?

A. I'm sorry, who is responsible for overseeing

the lawsuit?

Q. Y e s .

A. I don't understand the question.

Q. Who at the airport or the c o u n t y -- let m e

stop here because it has been my error so far.

Would you agree with me and proceed in the

.- . . ._ . - . . . . . - - - . . . . . . . . - . - - .


PSC 4903

Page 38

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fcllnwinq fashion, if I use the wcrd airpnrt n r if I

use the word county or if I use t h e word MDAD I mean

to refer to all three of those entities, b a s i c a l l y

the cnunty?

Will you understand that and answer

Is that OK? appropriately as we go forward?

A. I want to make sure.

Q. Because I may interchange "airport" with

"countyf1 and "MDAt)," but I want to make sure you a re

responding essentially on 3 broader scale.

Mr. Hope has a problem with any particular question

we'll take it UF a t that time an? he can cbject t f 2

form.

And if

MR. HOPE: That's f i n e just as long as we

understand, and I think you do, t h a t they are,

the county versus MDAD versus the airport, they

are distinct. So there could be times in the

question if you ask snmething that ycu are m a h n g

a generic and it is confusing.

MR. GOLDBERG: Understood.

A . County, MDAD and airport as three

separate -- Q. Y e s .

A . Yes, sir.

Q. Who is responsible fur making decisions w i t h


PSC 4904

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respect to this lawsult?

A. Making decisions -- I mean, ultimately I

would l o o k that the responsibility of this as being

addressed against the department and the director and

the county, and ultimately it is the governing body

of the county.

Q. Let's start with backing up and going bas ic .

The s t y l e of this case is BellSouth

Telecommunications v. Miami-Dade County. That means

Iliami-Dade County has been sued in this case,

correct? Do you agree with that?

A. Yes, sir.

Q. The subject matter of the case, and we'll

yet into this in a few minutes, has to do with the

airport. There's na dispute about that, correct?

A. Correct.

Q . And it has to do with the telecommunications

facility at the facility. Ycu'd agree with that,

correct?

MR. HOPE: Objection to form.

Q. You'd agree with that, ccrrect?

A. Yes, sir.

Q. OK. Now, who from the county or the airport

to your knowledge given your position has

responsibility for making decisions with respect to

KEESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7632

PSC 4905

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this lawsuit?

A. It p e s back to what I said earlier.

Ultimately a s it applies to t h e a i rpo r t it's t h e

aviation director. As it applies to

telecommunications and dealing with tslco issues,

it's myself.

Q. Have you had any discussions with the

aviation director -- Ms. Giddens, is that correct? A. Yes, sir.

Q. -- with respect to this lawsuit?

A. No, sir, I have not.

(2. Have you had any discussions with any cf

your supervisors that you outlined previously with

respect to this lawsuit?

A. Yes, sir.

Q.

A.

Phillips.

Who have you had discussions w i t h ?

My assistant d i r e c t o r which is Bobbie

Q. Anybody else?

A. No, sir.

Q. On how many occasions have you discussed

this lawsuit with Ms. Fhillips?

A. (3nly when we have s t a f f meetings and she

would bring it up as to what's the status of the

BellSouth lawsuit. Other than that there were no


PSC 4906

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cther discussions.

Q. Did you ever discuss with her as ide from the

status of the lawsuit t h e n a t u r e of the lawsuit or

the claims that BellSouth has brought against the

county? -. A. res, sir.

0 . On how many occasions have you had

discussions regarding the nature of the lawsuit or

the claims that the county has brnught?

A. A couple of times.

Q. Take me through those couple of times.

was the first time you had such a discusslcn?

A. When the lawsuit was initially f i led .

Q. Who was present at the time of that

di ,q CIA s s i gn ?

A. Not su re . I believe it's myself, my

assistant director. I'm n o t sure if counsel was

present.

When

Counsel might have been present, b u t just to

raise the issue that there had been a suit f i l e d by

BellSouth.

Q . Was the substance of the s u i t discussed?

A. Yes.

Q. Can you tell me who said what?

A. No, sir, it's been a while, I could not.

RRESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7692

PSC 4907

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Q. You can't recall that discussiDn?

A. No, sir.

Q. At all?

A. It has been a while.

Q. Were there any notes taken?

A. I am not sure.

Q. Any documents generated as a r e s u l t of that

meet iny 3

A. I'm nnt sure.

0. What w a s the ultimate decision 01 how did

the meeting end with respect to this issue, this

lawsuit?

A. It was -- the "it" was the lawsuit was filed and we are going to wait and see what happens

afterwards.

It's been filed, and now the coun ty has been

placed on n o t i c e or the airport h a s been placed on

notice and we'll go frcm there. And I think after

that I think is when the deposition process started.

Q. When was the second time you had a meeting

where this lawsuit was discussed?

A. I believe when we were going to file the

interrogatories, I helieve. T h e responses back to

the claims in the lawsuit I think was the second time

we had a meeting. Other than maybe l i k e a phone


PSC 4908

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conversation that we were going tn respcnd back tc

this document.

Q. So t h e f i r s t t i m e you had a discussion about

this lawsuit with Ms. Phillips was when the lawsuit

was filed, and would that be in or about November of

2002, approximately?

A. I don't know t h e date.

Q. And the second time you had a discussicsn

with Ms. Phillips was with regard to your responses

to interrogatories in this case, is that fair to say

A. I believe so.

(2.

A. I don't know.

Q. You don't recall?

A . Dcn't recall.

Q.

A.

Whc was present at the second meeting?

Where did that meeting take place?

I am not sure. I would be l i ke if I told

you I remember. I d m ' t know.

Q. Can you recall anything of what was

discussed a that meeting?

A. No, sir. It h2.s been a while.

Q.

A.

What's your understanding of this lawsuit?

My understanding of it as told to me by

BellSouth is that the department is operatrng as an

utility and should no t be providing service without a

- ..


PSC 4909

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two-thirds vote of the p o p u l m s of Dade Ccunty, nr

something along those lines.

Q. You said, as told to you by RellSouth. What

do you mean to that?

A. That's how it was outlined to me by M r . Tito

Gomez when he mentioned that to me.

Q. When d i d he mention this to you?

A. I think we were having a conversation one

day and that's when he told me he felt that t h e

department, how we did STS services was in violation

of the county charter.

(2. Was that the f i r s t time that y r x were ever

made aware of BellSouth's position that the county's

operation of telecommunications facility at the

a i r p r t vrclated the charter?

A. Yes, sir.

Q.

Gomez?

Do you r e c a l l when t h a t meeting was with Mr.

A. No, sir.

Q. Let me see if I can give you some

benchmarks. Was it after the lawsuit was filed?

A. No, sir.

Q. It was before the lawsuit was filed?

A. I would s a y so.

Q. But it was certainly after the county


PSC 4910

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e n t e r e d intc i t s agreement w i t h Nextera t o pu rchase

a l l of i t s a s s e t s and t a k e ave r t h e o p e r a t i o n of the

telecommunications facility, i s t h a t c o r r e c t ?

MR. HOPE: Ob jec t ion t o form.

A. P l e a s e r e s t a t e t h e yuesticin o r -- MR. GOLDBERG: Mike, r ead i t back p l e a s e .

( Q u e s t i o n read b y t h e c o u r t r e p o r t e r )

A. P e s .

Q. Was t h a t a yes?

A. Yes, sir.

Q . So t h e f i r s t t i m e you ever had knowledge of

the a l l q a t i n n t h a t there was a v i o l a t i o n of the

county charter f o r o p e r a t i n g t h e te lecommunica t ions

f a c i l i t y was a f t e r t h e county purchased N e x t e r a ' s

a s s e t s ?

MR. HOPE: Objec t ion t o form.

Q. C o r r e c t ?

A . Please r e s t a t e . V i o l a t i e n . I dnn't t h i n k I

v i o l a t e d any th ing .

MR. GOLDBERG: Read it back.

(Ques t ion read by t h e c o u r t r e p o r t e r )

A. Yes.

12. Do you r e c a l l t h e month and y e a r when t h e

, county e n t e r e d i n t o i t s purchase agreement w i t h

Nextera? I f I handed you a document, would t h a t


PSC 4911

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perhaps refresh 17our recollection?

A. No, I'm looking bask at the year because I

remember it was -- because I gave u p a football game

for it.

Q. Why don't I help you out.

THE WITNESS: When was the E.ose B o w l game?

2001 I think.

Q. Let me help you out. Let me hand you a

document. I wm't even mark it as an exhibit. It is

for the purpose of refreshing your recollection.

After reviewing that document is your

recollection refreshed as to the approximate date of

the transaction with Nextera?

A. Yes, sir.

Q. Approximately when did the transaction take

place with Nextera?

A. January 29 of 2002.

Q. SQ the first time that it ever cams tc p u r

attention that there was an alleged violation of the

charter was after January of 2002, correct?

A. Yes, sir.

Q. F r i a r to January 29, 2002, and I mean p r i o r

to t h e esecution of the agreement with Nextera to

purchase its assets, are 470u aware of any

consideration given to whether or not such a

KRESSE & ASSOCIATES, INC. { 3 0 5 ) 371-7692

PSC 4912

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transactlcn wnu1.l violate the county charter?


A. You have to read that one hack to me again.


A. I believe so, yes. I need to yo back and

look a t a couple of things here. OK.

I have some recollection. After some

recollection I think I might have to make some

adjustments to some statements that were made.

Q. What do you recall?

A. Because I recall doing presentations by the

par t ies that submitted the bid when this went out,

which was BellSouth, Nextera and I believe Unisys.

There was a question posed in I believe in

the orals to BellSouth that, g iven if you wnn this

b i d that you competed on there's a lawsuit that may

be pending, how are you yviny to address that. I

believe that was prier.

Q.

question.

least on the record.

I think you may have misunderstood my

Let's just get t h e chronology correct at

That bid process that you are referring to,

didn't t h a t bid process t a k e place, number one, a f t e r

the lawsuit was filed, do you recall?

A. It's a possibility. I think so.


PSC 4913

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Q. And rertalnly that bid prncess trick place

after the county entered into its resolution to have

the county enter into a telecommunications data

netwnrk and shared airprt tenant services management

agreement with Nextera and the county's purchase of

Nextera's assets, correct?

A. You have to run that by me one more time.

I'm sorry please.


Did you understand that question? Q.

A. Uh-huh. 140.

Q. The bid process -- the bid process t h a t you

are referring to was that not to determine who may

replace Nextel-a as the manager?

A. Yes, sir.

Q. Of the telecommunications facility? f. A. ies, sir.

Q. QK. That was certainly after the county

back in January of 2002 adopted a resolution and

authorized the entry into the initial management

agreement with Nevtera as well as the purchase of

Nextera's assets. Am I correct about that? - - A. res, sir, you a r e . OK.

Q. So we have from a chronology standpoint,

just to get everybody on the same page, in January of


PSC 4914

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20132 ynu have the rnunty's resolutinn that in saysI

and I am short circuiting this, did twlsl things: One,

authorized the coun ty t o purchase Nextera's assets

and tws, allcwed the cnunty to enter into a

management agreement with Nextera f o r a two-year

period I believe it was. Correct?

A. Yes, sir. Yes, sir.

Q. And then subsequent t o that there w a s a bid

process to see who w o i i l d take over for Nextera at the

end of that two-year period?

A. Yes, sir.

Q. Which I think ended in approximately

February or March of 2004. Is that accurate?

A. Yes, sir.

Q. While I'm on that topic did anybody take

over for Nextera? What happened with that? Is

Nextera s t i l l managing the operation?

A. Yes.

Q. Was the bid awarded to Nextera?

A. Yes, sir.

Q. So do t h e y now have an additional two-year

term to manage the facility for the c o u n t y ?

M R , HOPE: Objection to f o r m .

A. 1 believe the term is, I thin): it is three

to f i v e years. Not two.


PSC 4915

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(2. Fair encugh. Se nr3w we have our chronolngy

Your testimony so far is the first time you set.

were made aware that there was an alleged v i o l a t i o n

nf the county charter was after January 29,

after the county purchased Nextera's assets and

managed, and entered into a management agreement with

2002,

Nextera, correct?

A. Y e s , sir.

(5. Because I am referring to the conversation

you had with Mr. Gomez.

A. Cor rec t .

0. But you are saying it was b e f n r e the l a w s u i t

was actually filed, is that correct?

A. Pes, sir.

Q. NOW, with that background, here's my next

question. Prior to January 29, 2002 are you aware of

any consideration that the county, MDAD,

a i r p c r t gave tc whether cr not entPring into the

management agreement with Nextera or , more

importantly, the purchase (sf Nextera's assets would

violate the county charter?

OL the


A. No, sir.

Q. So to 37our knowledge there was no

consideration yivsn to whether or not the county


PSC 4916

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charter wculd be vinlated by the purchase nf Nextera

assets and the county's operation of the

telecommunications facility as of January 29, 2002?

MR. HOPE: C1bjection to form.

A. No, sir.

Q. No consideration t h a t you are aware of at

a l l , correct?


A. No, sir.

Q. So is it s a f e to say when you hac the

conversation with MI. Gomez, Mr. Tito Gomez from

B e l l S o u t h , his sugges t ion to you, again the

suggestion t o you that the county charter was being

violated was a surprise to you?

MF.. HOPE: Objectinn t o form.

A. Yes, sir.

Q. Being surprised at t h a t suggestion by Mr.

Gcmez, what did you de with respect te that issu..?


A. Nothing. Mr. Gomez mentioned to me that it

was more of a legal issue than it was a technical

issue, and I left it as such.

Q. Did you advise --

THE VIDEOGRAPHER: I didn't get the answer.

A. Mr. Gomez mentioned to me it was more of a

~


PSC 4917

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legal issue than it was a technical or operational

issue, s o I left it as such.

Q. Is it safe to s a y t h a t Mr. Gomez's

conversation with you was the first time anybody at

the county to your knowledge was made aware of this

allegation by BellSouth that the charter w a s being

violated?

MR. HOFE: Objection t o form.

A. Yes, s i r .

Q . Now, he tells you about this allegation that

the county charter is being violated by your

qeraticn nf a telecommunications facility at the

airport. What did you do to address that allegation?


A. As I mentinned, it was a statement by Mr.

Gomez and he mentioned to me it was more of a legal

issue than it was a technical operational issue, and

I left it as such.

Q. S o you didn't discuss that issue with

anybody at the county?

A. )Jot that I recall. If I mentioned it I'm

not sure if I mentioned it to anyone, but I don't

recall mentioning it.

Q . Did you put a memorandum together or ask for

advice as to whether o r not the airport was violating

. - __ . . . . -. - . . . - . - . - . , .


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t h e charter?

A. I'm not sure. I might have.

Q. You'd agree w i t h me when he t o l d you this it

is a pretty serious issue if the county is violating

its own charter, wouldn't you correct?

MR. H(3PE : Obj ec t ion.

A. I'm sorry. You would agree with me when

M r . Gomez suggests to you that the county is

violating its own charter %hat that's a pretty

s e r i o u s issue, correct?

MR. HOPE: Same objection.

A. Yes, sir.

Q. It is not often where somebody tells you in

your position out at the airport that you are

essentially violating t h e l a w by operating a

telecommunications facility, correct?

MR. HOPE: Objection to f o r m .

A. Yes, sir.

Q. Doesn't happen every day, right?


A. 170, sir, it doesn't.

Q . So can you explain to me why you didn't go

back to anybody associated with the county, t h e

airport or MDAD and have a serious discussion about

that issue?

. .


PSC 4919

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A. Two things. My original statement, I'm nct

sure if I mentioned this t o anybody or not, so I have

to go back.

discussion that I h a d .

I don't recall taking any notes to that

And Mr. Gome= mentioned to ms it was a legal

issue. I left it. If it w a s a legal issue he would

take it up via attorney to attorney or through legal

channels.

Secnndarily, when I came nn t n this airport

in 1988, these services were being provided and

ongoing.

p l u s years it was more of a s u r p r i s e that I am

hearing this now than before.

So if it's going on for the last twelve

So I left that with Mr. Gomez as he

mentioned it to me that if he raised the issue and it

was a legal issue that it would be an attorney to

attorney discussion than it was what I am responsible

f o r .

Q. Did you ask for a l e g a l opinion at any time

on this issue?

A. I don't recall. I might have.

Q. L e t me show you what I will mark as M J 3 and

have yoi-2 review that document.

MR. HOPE: What did you mark as M J T ' , just

t h e resolution package to refresh Maurice's

KRESSE C ASSOCIATES, INC. (305) 371-7592

PSC 4920

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recollection?

MR. GOLDBERG: I did. And for purposes of

record, MJ2 is a package that includes a

resolution and the nonexclusive

telecommunications, et cetera, agreement between

Nextera 1 and Miami-Dade County and associated

exhibits.

(Resolution and attachments marked Exhibit

and memn from counsel to M. Jenkins marked Exhibit

marked for identification)

(2.

A . Yes, sir.

Q. What is t h a t document?

A . It is a memorandum from counsel to me

Do you recognize that document, Mr. Jenkins?

reference BellSnuth.

Q. It is dated March 5, 2002, correct?

A. Yes, s i r .

Q.

generated?

A .

How did it ccme to be t h a t this document was

FellSouth -- I'm presuming BellSouth may

have sent me a formal document of snme sort , or maybe

my discussion with Mr. Gsmez propagated me to I guess

makP a request for an opinion from our attorney.

Q. Does this document refresh your recollectlQn

as to whether you went to the county attorney's


PSC 4921

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cf f lce a s k i n g fer t h e i r thoughts?

A. No, sir, it doesn't. I'm l o o k i n g at March

2002. I have been dealing with a l o t of things

between t hen and now i n J u l y , August of 2004.

Q . L e t m e first ask, have you ever seen this

document before?

A. I recall s e e i n g it, yes.

Q. But you don't recall e x a c t l y -- w e l l , do you

r e r a l l the circumstances as t n hnw it was generated?

A. No, sir, I don't remember.

Q. When you g o t this document what d i d you do

with it?

A. I don't know.

Q. Did you have any discussions w i t h M r . Hope

abnu t 1 t ?

A. I'm not s u r e , sir.

Q. D i d you s h a r e this document with anybody

else at the county c?r the airpert?

A. I don't know. I don't remember. I d o n ' t

remember. I don't recall.

Q. It's copied to Abagail Price Williams down

below. Do you know who she is?

A. Yes, s i r .

Q . Did you have any discussion r ega rd ing this

issue with her that you recall?


PSC 4922

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A. Nr\, sir.

Q. But it's s a f e to say, is it not, that this

document arose after BellSouth first informed you of

their allegation that the county charter was being

violated?


A. I -- read the question back.


A. I don't know.

Q. In this memorandum F4r. Hope says BellSouth

is incorrect in i t s communication to you regarding

t h e charter. Who at the coun ty or airport or MDAD

made a decision that Mr. Hope was either correct or

incorrect with respect to his analysis in the March

5, 2002 document?

M R . HOPE: Objection to form.

A. Please repeat the question.

(Questlon read by the rnurt reprter)

A. It would be the department, it would be the

aviation department.

Q. Who?

A. The individual was, it would be the director

n r myself.

Q. Did you make the decision that Mr. Hope was

correct in his view and therefore the county should

-


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go ahead and l i t i g a t e t h i s l awsu i t ?

MR. HOPE: Objecticin t o form.

A. Yes. Wait a second -- I believe rryc3~r' is

t h e answer I want t c g i v e you. But l e t ' s try it

a g a i n .

Q. Do you want the question repea ted?

A. Yes.

(Question read by t h e court r e p o r t e r )

A. I b e l i e v e so. I want %n say y e s .

'J . If you say " y e s , " m y n e x t q u e s t i o n is when -

did you make t h a t dec i s ion?

A. I d o n ' t know. Might have been a f t e r I g c t

h i s op in ion back.

(5. On what basis did you make t h a t decision?

A. Not sure. If i t ' s going against the

accusation t h a t we are v i o l a t i n g the charter, i f h i s

op in ion s t a t e s t h a t w e are no t , t h e n my d e c i s i o n

wnuld be t n 39 forward.

Q. Was your d e c i s i o n t o go forward based on

Y r . Hope's March 5, 2002 document?

A. Nnt s u r e . Might have been t h a t o r o the r

t h i n g s . I'm not sure.

Q. Well, a re there any o t h e r things that you

reca l l?

A. Not a t t h i s time, no, si r .

- .

RRESSE & ASSOCIATES, INC. ( 3 0 5 ) 371-7692

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'2. Again, i t i s a p r e t t y serious i s s u e . One

would t h i n k t h a t you wlsuld r e c a l l what you based such

an important d e c i s i o n on, correct?


A. Yes, si r .

Q. But you don't recall?

A. No, sir.

(3. As you s i t here today , j u s t t o make t he

record c l e a r , you. a r e n o t aware n f any o t h e r a n a l y s i s

o r f ac t s o r any o t h e r grounds f o r such a d e c i s i o n ,

c o r r e c t ?

MR. HOPE: ObjPc t ion tn form.

A. Yes, sir.

Q . You sa id you have been deposed p r e v i o u s l y .

Hnw many % i m e s have ynu been deposed i n t h e p a s t ?

A. Maybe t h r e e o r f o u r .

Q. When was the most recent time you were

deposed?

A. I t h i n k my d i v o r c e .

Q. W e a re n o t go ing t o t a l k a b o u t t h a t . L e t ' s

go t o t h e n e x t -- A. I d i d t h a t three o r f o u r times, so t h a t ' s

t h e majority of m y depositions.

Q . L e t m e a s k you t h i s question and I apologize

for you h a v i n g answered i f that way.


PSC 4925

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Have y>u ever been deposed as it relates to

any of the operations at Miami-Dade county airport?

Obviously I am excluding your divorce.

A. No, sir.

Q. So is this the first deposition where you

have been asked to answer questions concerning the

airport's operations?

A. Yes, sir.

Q. Have you ever have you ever been retained as

an expert in telecommunications?

A. Clarification please .

Q. Have you ever been retained or hired by any

third party, entity, business, corporation to be an

expert with respect to telecommunications or airport

operations?

A. No, sir.

Q. Let me ask you a couple of more questions

and it might be time fcr a q u i c k break. A r e you OK

to -- A. I'm fine.

Q. Let me show you what 1'11 mark as M J 4 which

is a second amended complaint in t h i s lawsuit.

(Second amended complaint marked Plaintiff s

Exhibit MJ4 for identificatlon).

Q. 1'11 give you a second to look at that. But

. - - - -. - - . - - -. -. .

KRESSE & ASSOCIATES, II3C. ( 3 0 5 ) 371-7632

PSC 4926

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my question is g o i n g to be have you ever read that

document before? Let me substitute this copy for

that.

A. I remember seeing it. It's been a while b u t

I remember it, yes, sir.

Q. Just to be clear. This second amended

complaint, MJ4, was just f i l e d relatively recently in

May of 2004.

the complaint.

There have been t w o other versions of

A. OK.

Q . T h i s is the most recent version, May 2004.

So with that clarification, nnt- wanting tc -- I don't want to mislead you in anyway, have you read t h e

second amended complaint filed in May 2 0 0 4 ?

A. I don't think SO.

Q. Likewise, l e t m e show you what I will mark

as MJ5.

A. Y e s , sir.

Q. MJ5 is Miami-Dade county's answer and

affirmative defenses to the second amended complaint

which you just looked at which was marked M J 4 .

You'll see at the back of the document it is

signed by Mr. Hope twice. My question t o you is,

have you ever reviewed that document?

(Answer and affirmative defenses marked

. __ . . .- - .. - - . - - . ~ . - . - .. .-.


PSC 4927

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Exhlblt MJ5 for identlflcatlcn)

Q. While you ponder that question just f o r

record purposes and to help you out, Mr. Hope signed

that document on or about Ju ly 1 9 of 2004.

A. I'm not sure whether I read that document OK

n o t . I don't think so.

Q. So your answer is no?

A. Yes, sir.

Q. Next question is, did you have any role in

reviewing the second amended complaint and

determining what Miami-Dads County's answer should be

e i t h e r athitting or denying the allegations in the

second amended complaint?

A. No, sir.

Q . A r e ynu aware of anybody at the county other

than Mr. Hope who was involved in making the decision

to either ahit or deny the allegations in the second

amended ccmplalnt as are referenced in the county's

answer, MJ5?

A. No, sir.

Q. Is it your understanding that Mr. H o p

answered the complaint on his own?


A. I'm s o r r y . F,un that by me.

Q. Is it your understanding that Mr. Hope

- .


Page 62

PSC 4928

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answered tho cmplaint on his own?

A. No, sir.

Q. But you can't tell me from your knowledge as

tc who he may have met with or consulted with if

anybody r ega rd ing t h e answer, is that correct?

A. Yes, sir.

Q . Is t h e r e anybody else in a better position

than you with respect to this lawsuit who I could ask

that ques%ion to or who w o i i l r l know who he met, with

and who w a s overseeing this lawsuit?

A. Depending on the questions, anybody could he

asked, depending on what, the questions are.

If they are technically related, then t h o s e

questions would come to either myself or Pedro

Garcia. I f they are p l i c y or statute related, that

does not fall within the realm of my divisions.

Q. Let m e show you what I will mark as MJ6.

This i s t h e county's respmse t n BellSouth's request

f o r contention interrogatories.

(Defendant's respcnse to interrogatories

n a r k d MJ6 for identification)

Q. In simple, BellSouth asked a number of

questions of t h e county and the county responded.

f o u have seen this document before, have you not?

A. Yes, sir.

RRESSE & ASSOCIATES, INC. ( 3 0 5 ) 371-7692

PSC 4929

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12. Let me direct your attentinn t n the last,

next to last page of that document. It has your

signature on it?

A. Yes, sir.

Q. You would agree with me that the answers in

this document or the responses respond to certain

questions that BellSouth asked in this case, correct?

A. Yes, sir.

Q. Did you type this document?

A. No, sir.

Q. Did you write the answers that are contained

in % h i s document?

A. 1 provided information that went into this

document.

(2. How did ynu provide information that went

into the document? Can you tell me the process that

you went th rough before you signed this document?

A. W L ~ met or I met, the staff met with counsel

and we discussed the questions and then therefore

presented the answer -- not the answers, the responses going hack to the requests.

Q. Who was present at that meeting?

A. To t h e best of my knowledge it would be

myself, Pedro Garcia and counsel.

Q . Did you make any notes during that meeting?


PSC 4930

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A . Don't know.

Q.

A . I t ' s a p o s s i b i l i t y . We have f i l e folders

Did you p r e s e n t counsel w i t h any documents?

g o i n g back from day one w i t h BellSouth.

Q. A f t e r you had t h a t mee t ing , what was t h e

next s t e p i n how t h i s dociment was prepared?

A. A l l i n f o r m a t i o n requested or discussed was

t u r n e d a v e r t o c o u n s e l t o f o r m u l a t e the r e s p o n s e s .

Q. Were t h e r e s p n n s e s p r o v i d e d bark t n ynu t n

s i g n ?

A. Yes, sir.

12. Did y~i-1 read them before y ~ u s i g n e d t h e m ?

A. Yes, sir.

Q. Did you make any changes or revisions before

t h e y were s i g n e d ?

A. I d o n ' t t h i n k so. Na, s i r .

Q . S o e v e r y t h i n g i n these answers was

ak lsc lu tP ly a c c u r a t e and needed no r e v i s i o n on your

p a r t ?

A. T o t h e best of my knowledge, y e s , sir.

Q . Do you r e c a l l a p p r o x i m a t e l y how long you m e t

w i t h M r . Garcia and c o u n s e l ?

A. N o , s i r .

Q. L e t m e show you what w e w i l l mark as MJ7.

A. Do you want t h i s back?

KRESSE & ASSOCIATES, IWC. ( 3 0 5 ) 371-7692

PSC 4931

Page 66

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- '2 . Sure. W m l ? y ~ u put i t i n t h e pile here.

Thank you. Why d o n ' t you t ake a look a t t h a t

document and 1 a m g o i n g to ask you if you recognize

I t .

( A f f i d a v i t marked E x h i b i t MJ7 f o r

i d e n t i f i c a t i o n )

(2. T h i s i s an a f f i d a v i t t h a t you s igned i n t h i s

case, correct? - 7 A. LPS, s i r .

C?. H o w w a s t h i s a f f i d a v i t prepared?

A. Wi th discussion with counsel.

0. Anybody e lse present- when you had t h a t

d i scuss ion with counsel?

A . Maybe t h e counsel's s e c r e t a r y . I ' m not

s u r e . M r . Garcia may have been present, but I

be l i eve it was just myself, counsel and his

sec re t a ry . But I ' m not s u r e .

'2. P i d ycu review any dncummts when y m met

w i t h crsunsel?

A. I'm s o r r y ?

Q . Did you review any documents when you met

w i t h counsel t o prepare t h i s a f f i d a v i t ?

A. Not t o my knowledge, sir. I don't t h i n k so.

Q. Was t h e a f f i d a v i t t hen presented back t o

you?

KRESSE & ASSOCIATES, IIJC. ( 3 0 5 ) 371-7652

PSC 4932

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A. Yes, sir.

Q. Did you make any changes or revisions to it

h s f n r e signing it?

A. I'm not sure.

Q. Not sure or no?

A. I'm not sure. There might have been a typo

or a definition that maybe didn't look right, but I'm

not sure if I made any -- outside of syntax, changes

in syntax I don't think I made any changes.

Q. And you don't r eca l l reviewing any documents

in preparation of this affidavit, correct?

A. Yes, sir.

Q . Were you working a t the airport in 1982?

A. No, sir.

Q . Ycu were actually at the rjniversity n f Miami

befo re and before you got to the University of Miami,

correct?

A. Yes, sic.

Q. Have you ever seen the county resolution,

the 1983 county resolution awarding a contract to

S e n t e l ?

T r A. les, sir, I have seen it.

y . When have you seen that document?

A. Several years ago.

Q. Do you know what that document authorized

-


PSC 4933

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Sentol to do?

A. I believe so, having to do with provisioning

of phone service or sepa ra t ion of service to the

airport hotel.

Q . Have you seen the 1330 county board

resolution as it relates to telecommunications

services at the airport?

A. I believe I have seen it .

Q . When did you last see it?

A . Sor ry , I don't remember.

Q. If you l o o k at paragraphs 2 through 4

there's a long discussinn of both the 1982 and 1990

agreements.

If YGU didn't r ev iew any documents and you

didn't have any rc3visicns to the affidavit, how would

you know that what you are signing is true, accurate

and complete?

A. S o r r y . Run that by my again.


A. Data was gathered not j u s t from myself,

these are published documents, counsel has access to

them, and I have staff that has access to them.

So I'm assuming that they were reviewed as

well. I also r e l y on staff to provide information.

Q. So in essence you were relying on M r . Hope


PSC 4934

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fcr t h e accuracy n f snme nf these past documents and

some of t h e s e paragraphs, correct?


A. Mr. Hope and staff, yes, sir.

Q. Who on the staff?

A. We have Maria Perez, who has been with us

for a while, and Pedro Garcia.

Q. D i d in fact I d s . Perez have any participation

in the preparation of this affidavit?

A. I don't know. I don't know.

Q. I thought you stated previous ly that Mr.

Garcia was not- present at y i x r meet ing with M r . Hope

to prepare this affidavit?

A. My statement was I don't know who else was

there. I said myself, his secretary, Mr. Hope and I

don't know who else was there.

Q . But it is safe to say that you were r e l y i n g

on others in ycur v i 9 w ~r making snme assumptions

that this information was correct when you signed the

affidavit, is that a fair statement?

MR. HOPE: Cbjertl~n t o fnrm.

A. Yes, sir.

MF. GOLDBERG: Why don't we take a

ten-minute break if that's OK wlth ynu.

(Recess in the proceedings)


PSC 4935

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BY MR. GOLDBERG

Q. Mr. J e n k i n s , a r e you prepared to proceed and

continue with your deposition?

A. Yes.

Q. I've placed back in front of you an

exhihit -- you are ready to proceed with your

deposition?

A. Yes, s i r .

(2. I have placed back in front of you Exhibit

MJ6, which is a response to requests for contention

interrogatories. If I could a s k you to turn to the

second page nf t h a t dccument.

Again, t h i s is a documen t that you signed

and attested that everything was true and correct

t he re in , is that right?

A. Yes, sir.

Q . Let me direct your attention to the response

that is listed under number 3 regarding interrcgatory

number 3 . It says in the second paragraph, second

sentence, BellSouth provides MDAD with dial tone for

local service. Do you see that?

A. Yes, s i r .

Q. And it's correct, is it not, that MISAD

provides its customers local service at the airport,

correct?

KRESSE & ASSOCIATES, INC. (305) 371-7692

PSC 4936

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A. No, sir.

Q. Going back to the statement, B e l l S o u t h

F L - O V l d P S MDAP w i t h dial tone f o r l m a l service, what

do you mean by the words "local service"?

define that for me?

Can you

A. Local service f o r a user of a

telecommunications device be it a phons that once the

user picks up the phone and gets a d i a l tone can

initiate a phone call, a local phone call.

Q. What is a luoal phone call?

A. One that_ does nl-7t- incur long distance

charges -

Q. Is there any other definition of l o c a l

service t h a t you would ascribe %a your use of local

service in this response to the interrogatory?

A. No, sir.

0 .

am wrong, local service to you as used here is an

individual's ability to place a local

a long distance call from a phone a t the a i r p o r t ?

So if I understand p u , and correct me if I

call that's not

ME?. HOFE: Objection to form.

A. Y e s , s i r .

Q . But again l e t me a s k ycu, l w a l service as

you u s e i t i s I gusss a local phone c a l l and not a

. .


PSC 4937

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l ong distance phone c a l l t h a t involves a twn-way

communication, is that accurate?

MR. HOPE: Objec t ion t o form.

A. I'm serry.

M R . GOLDEERG: Can you repeat.


Q. So is local service one service that MDAD

provides to its customers?

MF. HOPE: Objection to form.

A. No, sir.

Q. Why do you answer "no"?

A. I don ' t provide local service.

Q.

A. I don't. I'm not a phone company. I don't

Why don't you provide l o c a l service?

prnvide local se rv ice .

Q. Explain, number one, why it is t h a t your

telecommunications f a c i l i t y does not provide local

service?

M R . HOPE: Objection to form.

My statement is we are n o t a phone company

and w e do not provide that s e r v i c e . We a r e , we are

-- don't provide local service and we don't provide

l o n g distance service.

A.

Q. You have customers a t the airport, correct?

A. Yes, sir.


PSC 4938

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Q. They can make l oca l phone calls, cnrrect?

A. Yes, sir.

Q. They can make local phone calls using

equipment and assets that the ccunty nwns, cnrrert?

A. Yes, sir.

Q. And why is it not correct that the placement

of a local phone c a l l via the use of t h e county owned

equipment does not constitute local service, t h e

provision of local service?

A. I n order to make a phone call you must go

out through a line Or a trunk line as they deem it

-- well, there's a demarcation within the aviation

department of our infrastructure of what we manage

and maintain.

Tn get outside to make that phone call

requires the ability to generate a dial tone and

manage that call of which we do not do.

And the entity making a phone call, when

they pick up the phone they get a dial tone, they are

going through.

are getting from a provider, whnever that provider

may be.

The dial tone they are getting they

And that's what they subsequently pay for.

So it is your position that the county is - (2 .

not providing a dial tone to lts rustcmers in any

way, shape O L form?

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KRESSE & ASSOCIATES, I I JC . ( 3 0 5 ) 371-7632

PSC 4939

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A. We are giving -- no. Q. Why do you answer no?

A . Because we a re not giving them a dial tone.

We are giving yi7u a hand set, we are ‘31vin3 you

connectivity, hardware to get to I guess what they

call the demarcation point at which you can yet that

pint to get that d i a l tone.

Q. Let’s talk a b o u t that demarcation point.

What is that demarcation point? Explain it

to me and to t h e judge who may watch this videotape.

A. Our internal facility that we manage, our

internal facility khat controls how w e route

information goes to a point or several points that

providers have either an our facility or off of our

facility.

facility which allows a user to make a phone call.

We j?lst provide %he pathway to get to that

That’s why when you pick up the phone call

ycu get thP d i a l t n n e .

not accessibility to that provider there would be no

dial tone t o make outside phone calls or local phone

calls.

Ou%side of %ha t , i f w e did

Q. You made reference to an internal facility

and you also made reference to a pathway, correct?

A. Yes.

Q. Let me break it down. What is the internal


PSC 4940

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facility that you are referenclng?

A. We have what's cal led a -- can't really c a l l

it a phnne s y s t e m , t h e y c a l l it a PBi; in which we

manage what we deploy ou t to our users, aviation

department users, to be able to use the phone to be

able to make phone calls to other divisions, f o u r

digit extension types so you can call internally.

And we have that availability in what we provide.

S n we manage that PEX. From that PBX you

would then go out v i a a pathway or directional point

to yet the dial tone necessary to make a phone call.

(2. PFX as a d e f i n i t i c n QI acrc7nym, what does

it stand f o r ?

A. I Gelisve it's public Groadcast exchange.

I'm not sure.

Q. Does the county own what's known as a

swi tch?

A. Yes.

Q. What does a switch do or not do -- strike that_.

What does the s w i t c h allcw the county tn 13.0

with respect to the provision of telecommunications

s e r v i c e s ?


A. Doesn't do anything to allow us to provide


PSC 4941

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any services, tolecommunlcatlans services.

Q. The switch has no effect?

A . R e s t a t e t h e question f o r me.

Q. What does the switch do, then?

A. What we do is, the switch itself serves as a

component by which we can concentrate its

utilization -- it allows us to -- let me put it in straight layman's terms.

You can, a l l c l w us %c! I guess, basically if

you look at it this way, allows you to maximize

utilization of your infrastructure.

So case in p i n t . If you have four

individuals that would need access going out, let's

say, to make a phone call, to get dial tone, you

would nGt need to have f n u r direct connections at a11

times because those individuals aren't using the

phone at t h e same time.

Sc ycu can 30 thrcugh a switch, and the

switch can manage whether those four individuals can

have the ability to at any point in t i m e to be able

to utilize the phone system a n d capitalize nn the

benefits that you can g e t from it.

Q. So you have t h e FBX which you are referring

to as your internal facility, correct?

A. Yes.


PSC 4942

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Q. Is there anything else that makes up what

you are referring t o as the internal facility?

A. No, we j u s t have one b i g r m m with a whole

bunch of devices.

Q. Then you made reference to a pathway. That

pathway goes from your facility to your customers,

correct?

A. No, the pathway goes to what we call almost

l i k e a demarc to get to nix service provider.

Q. Where -- you tell me, where does the path

way yo?

A. There's, I think there's a r o o m ca l led 3 0 0 X

that's on t h e facility that goes to like a BellSouth

closet. From there that's haw you yet the dial tone

tn 3s cut.

Q. What takes the dial tone from your equipment

that you own to p u r custumers?

A. I'm sor ry? What takes the dial tone frcm my

equipment to the customers?

Q. Yes.

A. There is the connectivity that goes from the

PBX to, via this pathway to BellSouth's facilities.

0 . So I just want to see if I understand this.

You are s a y i n g that to go from your PBX, you agree

that you own the FBX, what you are referring to as

KRESSE & ASSOCIATES, INC. (305) 371-76c12

PSC 4943

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the internal facility, rnrrect?

A. Yes, sir.

Q. And you would also agree that that was

purchased from Nextera in 2002?

A. Yes, sir.

Q. And that FBI;, how does a call get from the

PBX to one of your customers at the airport such as

Eddy's Ice Cream o r C a f e Versaille or what have you?

A. I'm not sure they are customers. But we

wirc or we run cable, conduit to get t o the customer

or to the department to get to that facility and

provide the hand set, and that's what we do from the

PBX . From the PBX, you then route it to local

prnvider's facility fnr them to be able to utilize

the phone system.

Q. L e t ' s make i t v e r y c l ea r . Going from the

PBX to your clients, lst's take clients in the

airport terminal, it goes over cable , right, that the

c o u n t y owns, correct?

MR. HOPE: Ob-~ectl~n to f c l rm.

A. Yes, sir.

Q. So t h e equipment that is utilized for a

customer to receive dial tone is entirely cwned by

the county from the point that it goes from what you

KRESSE &i ASSOCIATES, INc. ( 3 0 5 ) 371-7692

PSC 4944

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a r e r e f e r r i n g ta> as t h e PBX t o your c l i e n t ' s

te lephcjne t h a t t h e y ho ld i n t h e i r hand, i s t h a t

c c> r r ec t ?

M R . HOPE: O b j e c t i o n t o form.

A. Yes, s i r .

Y. So Be l lSou th OL any other- carr ier does not

own any of t h a t equipment from t h e p o i n t of t h e FBX

t o your c u s t o m e r ' s t e l e p h o n e t h a t t h e y hold i n t h e i r

hand, c o r r e c t ?

A. That is c o r r e c t .

Q. What else i s needed f o r a cus tomer t o make a

local t e l e p h n n e call a t t h e a i r p o r t outside of t h e

equipment t h a t t h e county owns b o t h t h e PBX and t h e

c a b l i n g and t h e t e l e p h o n e s ?

A. What else IS needed?

Q. Yes.

A. You need a p r o v i d e r a t t h e C J t h e K end t o be

able to make t h e c a l l . Ycu need the prcvid2r t h a t ' s

going t o p r o v i d e you w i t h t h e d i a l tone t o make a

call. Without t h a t you j u s t c a n n o t make one.

Q. Does t h e coun ty p r o v i d e d i a l t o n e a c c h r d i n g

t o you?

A. N o , s i r , w e do n o t .

Q. Who provides d i a l t o n e a c c o r d i n g t o you?

A. BellSouth, S p r i n t , ATCT, MCI.


PSC 4945

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Q. The d i a l tcne that m m e s in, d o ~ s the d i a l

tone come into the PBX equipment that you now own at

the airport, your internal facility?

You have a telecommunications facility,

correct?

A. Yes.


Q. Does dial tone c o m e in from outside to that

telecommunications facility?

MP,. HOPE: Objcction to form.

Q. It does, doesn't it3

A. I would say yes.

Q. OK. And the next question is, who provides

that dial tone into the PBX equipment that you own?

A. Whn provides the dial tone intn the PBS --

Q. Yes.

A. BellSouth pr-ovides the dial tone into the

PBX.

Q. And once it hits your PBX and your equipment

don't you control where that dial tone goes or

doesn't go or how that internal facility works?


A. Don't I control where the dial tone goes Or

how t h e facility w o r k s ?

Q. Correct.


PSC 4946

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A. Yes.

0 . So on what basis do you state that the d i a l

t o n e once it goes i n t o your wholly owned PBX or

internal telecommunications facility still belcngs t i 2

BellSouth or other carriers?

ME. HOPE: Objection to form.

A. Because we are not the provider of dial

tone. It is provided by said entity coming intcl the

facility.

Q. But according to you, you don't believe you

are providinq d i a l tone to your custsmers at the

a l r - p r t ?

A. Y e s , sir, I am not providing dial tone to my

custfimers at the airport. Customers -- we pay you

for the dial tnne, f o r the u s e of l o z a l service.

Q. When you say ''you" you a r e referring to

B e l l S o u t h 01 somebody --

A. BellSouth cr any other telvx Frcvlder

because users within the airport can utilize whoever

they want to for the provision of services.

Q. What do you pay BellSouth or any other

provider for dial tone?

A. I have n o t looked at the bills. When the

bills come we review them, I sign them or we sign

them. I'm not sure exactly mat what t h e numbers are.

- KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 4947

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8 . Ynur clients, let's say, the airlines, a r e

your clients at the airport, correct? Some air lines

are your clients at the airpf i r t , correct?

A. Some of them, yes.

Q. If one airline employee wants to call

another airline employee how do they make that call?

A. Currently it's a f o u r digit dialing within

the facility.

Q. Is that local service?

A. Even though it is internal within the

facility, I'm not sure. I believe it night be.

Q. Who provides t h a t l o c a l service?

A . I f it's local service it's provided by

BellSouth or whoever the -- if it is n o t ffiur d i g i t

dialing. We offer it for utilizing n u r

infrastructure.

If you are not utilizing our infrastructure

it is whoev2r the ca r r i e r cpts tc use.

Q. Anybody who makes an intercom call at the

airport, are they not using your infrastructure, your

equipment, your PBX, your pathways?

A. 1Jot anyone. I t depends on who you are using

and -- there's nobody within the a i r p o r t who is

obligated to use the department's infrastructure to

yet to the outside or to be able to make local calls

KRESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7691'

PSC 4948

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cIr long distance calls. There's nn carriers that's

obligated or no management company that's obligated.

They can use whoever t h e y want to.

Q. Because you are competing with nther

carriers for customer base, correct?

ME. HOPE: Objection.

A. No, I am not competing. We offer a sesvice

because we manage the facility and w s have

infrastructure at the facility.

Q. You are not in competition with anybody in

the telecommunications industry Gut at t h e airport,

is that yr>ur testimony here today? I just want to

make sure.

A. I'm not in competition with any telco

prnvider becal-lse I don't provide dial tone.

Q. So do you compete, does the airport, MDAD,

compete in any way in your view in the

telecommunication industry?


A. I don't think, I don't think w e ' r e

competing. We o f f e r a service n f putting In a cnmmon

infrastructure that anyone can utilize to perform

your functions.

And it is entirely up to the carrier as to

what they choose to do or to the management company


PSC 4949

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1 or to whoever who they choose to use.

Q- We a r e using a l o t of phrases. Who do you

mean by t h e car-rier?

A. The a i r l i n e .

Q. A customer?

A. A c a r r i e r being an a i r l i n e . Not necessa r i ly

a customer.

department.

They d n n ' t have to Ix a custnmer cf the

Q . L e t ' s talk about customers of t h e

department.

A. A l l r i g h t .

Q. The customer of t h e department makes an

intercom c a l l , four d i g i t c a l l i n s i d e the a i r p o r t .

Is t h a t l o c a l service according to you?

A. I -- I'm n o t sure.

Q. Why are you not sure?

A. Don't know.

Q. Previously ycu testified that you don't

provide l o c a l service a t a l l .

sure?

Why a r e you now not

A. My statement, we dnn't provide l n c a l

s e rv i ce , and my statement i s if you are making a four

d i g i t c a l l if you are internally with in t h e f a c i l i t y

rou t ing th rough our PBX I am not s u r e whether t h a t is

deemed tu be a local s e r v i c e c a l l .

1


PSC 4950

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But we don't provide local service. That's

a definition that I can't answer.

Q. And am I c o r r e c t in summarizing your

pclsitinn is p u dnn't provide lccal service because

according to you you don't provide d i a l tone? 7 . - A. i r s . Yes, sir.

(2. Yet you wculd agree with me if snmebody in

the airport facility, one of your customers, makes an

intercom c a l l t h e y are using d i a l tone?

MR. HQPE: Objection to f o r m .

Q. Correct?

A. That's a possibility.

Q. What's the other p o s s i b i l i t y ?

A. Well, y e s . Yes.

Q. And if %hey are using dial tone to make an

internal intercom call, then why a r e you unsure,

according to YOU, whether or not that's local

service?

A. I ' m not sure. I don't -- all right. My

statement -- not my statement. I look -- to answer ynur question if ynii

make an intercom call or f o u r digit call and you pick

up the phone and you do get dial tone, is that deemed

to be l o c a l service or not, I, I wculd have tc 3"

back and look. I would have to go back and check.

-

KRESSE & ASSOCIATES, I H C . ( 3 0 5 ) 371-7692

PSC 4951

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B u t I believe i f that is the case, then so

be it, it's local service. We are not providing it

because we a re paying for that. We do get h i l l e d by

Eel1 and we pay nu^ b i l l s . All right.

I'm not giving you a roundabout answer, so

if you want to rephrase the question we with go f r -om

there.

Q. I thought I understood you to say well if it

is local service, which you previously said it wasn't

we a r e still not providing it. Is that what you are

saying?

A . Yes.

(Pause)

Q. You said in an answer to one of your p r i o r

questinns about the intercom service, you thought it

was l o c a l service you need to check w i t h somebody.

Who would you need to check with?

A. I would '3" back and c h x k with my

telecommunications folks to make sure.

Q. And Mr. Pedro Garcia is one of y o u r

telecommunications f o l k s , cnrrltct?

A. Y e s , sir.

Q. In fact he heads that group that reports to

you, correct?

A. Yes, sir.


PSC 4952

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Q. Sc? from a technical perspective you would

agree w i t h me that he has a little bit more

knowledge, and I don't mean disrespect, as to the

provision n f service or what Inca1 service is or is

not, correct? .I A. les, sir.

MP,. HOPE: Objection to form.

Q. And given that he has, again without any

disrespect, more knowledge a b o u t what l o c a l service

is or is not, can you t e l l m e why bels n o t here tnday

and you are, particularly in response to our requests

that the corporate representative with the most

knowledge of loca l service be present?

ME. HOFE: Objection to form.

\ A. When I got the fax and I looked a t what it

was requested I opted to come and do the deposition.

Q. And that's fine and t h a t was your decision.

But you'd agrep with me t h a t , as we discussed, l o c a l

service and the issues that are raised by the notice

of taking deposition Mr. Garcia would have more

knowledge than p u r Cnrrect?


A. Yes.

Q. Is there any reasOn that you are aware r,f

that would have precluded his appearance at this

-- . . . __ ...


PSC 4953

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depcsiticn tcday?

A.

Q.

tc?

A.

(2.

A.

No, s i r .

Was he available t o come

I don't know.

You never checked?

No, s i r .

MR. GOLDBERG: Why don't

if you wanted h i m

we t a k e a break

now.

(Luncheon recess)

KRESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7651?

PSC 4954

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IN THE CIF.(3LlIT COUE?T OF THE 11th JUDICIAL C I R C U I T IN AND FOR MIAMI-DADE COUNTY, FLORIDA

GENERAL JURI S CI I CT I i s N D I V I S I O N

CASE NO. 02-28688 CA 03

E E L L S O U T H TELECOMMUNICATIONS, I N C . , a foreign corporation,

P l a i n t iff,

vs.

MIAMI-DADE COUNTY, a political subdivision of the State of Florida,

Defendant.

VIDEOTAPE DEPOSITI6N

OF

MAUP,ICE J E N K I N S

100 Southeast 2nd Street Suite 1200

Mimi, FL 33131

Thursday, August 5, 2004

. - -__ . - - ._____- - . - -


PSC 4955

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(1:40 p.m.)

BY MR. GOLDBERG

12. Mr. Jenkins, are yoi i ready %o proceed with

your deposition? .. A. les, sir.

MR. GCLttBERG: B p f n r e we do sin, I want tn

put our position on the record, the position

which arises from the testimony that preceded the

break we just too): and the cenvorsatlon I had

with your attorney Mr. Hope as to this issue.

F i r s t , we believe that the testimony is very

clear and makes clear f o r the court t h a t the

county has not produced the appropriate corporate

representative in response to the notice of

taking video deposition marked M J 1 .

I believe Mr. Jenkins's testimony that

Mr. Pedrr, Garcia has mere knowledge than he does

regarding local service and the aspects of local

service that are identified in the notice of

taking depmslt1on warrants that Mr. Garcia be

produced instead of Mr. Jenkins.

I have asked Mr. Hope during the break if h e

would agree to adjourn this rlepclsitrnn and

substitute Mr. Garcia in Mr. Jenkins's place to


PSC 4956

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proceed. Mr. Hope did not agree to that request.

Mr. Hope did represent that s h o u l d we want

to take Mr. Garcia's deposition on these issues

we can nrlrtice h i s d e p o s i t i o n again as an

individual, not the corporate rep, and proceed

with that deposition without objection from

Mr. Hope.

Therefore, it is our position that we are

going to proceed with this deposition of Mr.

Jenkins, but we are going to do so without waiver

of any of our arguments that we can make to the

judge concerning the appropriateness of Mr.

Jenkins being produced here today and also based

on the representation made by Mr. Hope that

notwithstanding how the judge rules on that

issue, if we deem necessary we may take again the

deposition of Mr. Garcia.

Mr. Hcp, is there any comment you want to

make with respect to that before we proceed?

MR. HOPE: Sure. The only comment that

needs to be made is the county has produced the

corporate representative pursuant to the notice

of deposition.

As I did state tc Mr. Gnlrllclerg, if indeed

BellSouth wants tu specifically notice Pedro

~ - - . __ . - - -


PSC 4957

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Garcia for questions that are different from his

previous deposition the county has no problems

producing Pedro Garcia or any other person

identified by BellSouth.

MR. GOLDBERG: Well, I want to make it clear

and see if I understand your position.

Mr. Garcia was previcusly d e p c ~ ~ d . I have

not read his transcript r e c e n t l y . But obviously

he may have answered some questions concerning

various services provided by the ccunty. He m a y

have testified about local service in response to

a couple of questions, although I don't believe

that was by any stretch the large majority of his

deposition.

Is it your position that if he talked about

local service at all that that would preclude our

ability?

MF. HOPE: No, not at all. I just want to

make sure that if indeed you notice Pedro Garcia

to he redeposited, that the majority of the

deposition be new questinns and new material nnt

previously covered as opposed to a rehash of his

previous deposition.

MR. GOLDBERG: Fair ennugh.

BY MR. GOLDBERG

.. - -. __ - __ . . ___ __ _ _ - - __ __ - . - -. . - . - - - . -- . - -


PSC 4958

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(2. M r . Jenklns, s n r r y abnut taking that break

to put those issues on the record.

hefore we yet back into where we left o f f ,

a sked you whether you had m e t with Mr. Hope prior to

this deposition and your answer was no;

correct?

Let me a s k you

I had

is that

A. Yes, sir.

Q. Did you ever speak to Mr. Hope about this

depcsitinn or %he questions that may be asked of you

or the answers that you may provide?

A. No, sir.

(2. YGU didn't speak to him on the phone

regarding this deposition in any way, shape or fcr"?

A. I spoke to h i m on the phone, not about

questions.

deposition was coming up. He asked me if we wanted

to meet and I told him no, I didn't need to.

We S F C ~ P to the phone that this

Q .

A.

Why did ynu fee1 you didn't- need to meet?

I looked at what was being asked of within

this request, which is M J 1 ,

answer the q u e s t i o n s that related t c r \ that.

and I thought I can

Q . So you did not speak to him about the

substance n f this deposition at all, correct?

A. Yes, sir.

Q. Let me go back with you. You identified, we

Page 92

KR.ESSE & ASSOCIATES, I N C . ( 3 0 5 ) 371-7692

PSC 4959

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were talking about scme of t h e equipment out at the

airport that you own including the PBX and pathways,

cor rec t ?

A. Yes, sir .

Q . We were also talking about how your

customers at the a i r p o r t yet dial tone, c o r r e c t ?

A. Y e s , sir.

Q. BellSouth, if BellSouth were to cut of f or

stop transmitting dial tone into your PBX, wouldn't

you, meaning the airport, MDAD, still be able tn

provide dial tone, deliver dial tone to your

customers at the airport?

MI?. HOPE: Objection to form.

You're t a l k i n g internally amongst ourselves,

I'm not sure what your

A.

nct going nut- to the outside?

question is.

ME. GOLDBERG: I hate TO do this to you.

Can ynu read it back.

(Question read by t h e court reporter)

A. I'm not sure.

Q.

A.

Who would be able t n answer that questinn?

My management company who i s managing our

telecom infrastructure for us now. So anyone w i t h i n

Nextera, my voice f o l k s , or some of my telecom folks

that work for me.

_ .


PSC 4960

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Q. To your knowledge would Mr. Pedro Garcia be

able to answer that question?

A. Probably. I ' m n o t su re .

Q . Ynu dm't think he would be a b l e to answer

that question?

A . I d o n ' t know. You have t o a s k Mr. Garcia.

I dm't kncw.

Q . Describe t o m e what happens technically from

a technical perspective when one of your customers at

the airport p i c k s up their phone and wants t o dial

another customer at the airport.

A. P i c k up t h e phone, dial 9 to get an outside

line, and they dial the ten digits for the number

that they are calling.

Q. Let me repeat my question because I t h i n k

you misunderstood it.

Describe to me from a technical perspective,

and in p u r d e s c r i p t i o n and explanation I want you th

reference what equipment is utilized, but describe

for me from a technical perspective exac t ly what

happens when an MDAD customer at the airport picks up

the phone and wants to d i a l another MDAD customer at

the airport.

A. Said individual picks up the hand set and -- there we go again.


PSC 4961

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MDAD custnmer picks up the phone, yoii get a

tone and you subsequently d i a l the number. The

number that you d i a l , if it is an internal aviation

department t n avratinn department that has fnur digit

dialing, or customer to customer that has four digit

dialing, that tone -- well, let's do this again.

Frnm the hand set ysu d i a l the number, goes

to the PBX, that addresses the extension that you

want to go to, and subsequently it rings on the other

end. So that then creates that connection to have

that discussion.

Q. You say the person picks up t h e phone.

There is a d i a l tone there?

A. Yes, sir. Well, there's a tsne -- you have

a tone, yes.

Q. Is there any other tone besides a dial tone

t h a t you could hear when you p i c k up the phone?

A. Ne.

Q. So then the answer to the question i s yes,

there's a dial t o n e there, right?

A. Yes, sir.

Q. Customer picks up the phone, hears the dial

tone. That d i a l tone comes from your PBX that you

own, correct?



PSC 4962

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A. Nnf s i r . It mmes f r n m c u r prcvider which

Dial tone is provided -- d i a l tone is your client.

is not provided by the department.

dial t o n e .

I do not provide

A. For l o c a l service -- Q. And the basis f o r your statement -- I want

you to identify a l l the facts that you are aware cf

that support your statement that MDAD, the county,

the airport, does not provide or deliver dial tone to

its own customers.

A. Sorry to trouble you again one last time, if

you can read that back.



A. The department prnvides a cm"n

infrastructure by which these signals are passed

through that allows one entity to communicate via a

hand s e t tn ancthsr. N c w f in crder tl=, be able to do

that dial tone i s r e q u i r e d to provide that service.

We do not provide dial tone f o r local service.

Q. Yet you say that, but you can't answer the

question that even if BellSouth were to cut o f f the

d i a l tone t h a t comes in you don't know whether you

could provide or deliver dial t o n e t o your custnmers?



PSC 4963

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A. Based upon our internal PBA no, I can't

answer that question. I'm not sure. I'd have to

check.

Q. If the answer tc that questinn were ye^,

even if B e l l S o u t h were to turn of f t h e dial tone that

comes into your PBX and you could still provide and

deliver dial tone to your customers, wculdn't that

undercut and completely erase your position that you

are not providing or delivering dial tone to your own

customers?


A. I would say no. Our customers within the

aviation department, you deem that my customers, t h e

business they conduct require them to get access to

communicate tc their main offices and the outside

world. If I don't, dial tone being provided by

B e l l S o u t h o r any other telco provider then they

cannot conduct their business outside of the

facility.

(2. You were equating, were you not, dial tone

with local service, correct?

A. I was equating d i a l tone w i t h local

service -- well, it goes b a c k to the question, you

posed the question to me before whether internal four

digit dialing and I had dial tone was that considered


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PSC 4964

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dial t m e n r not- and I told you I did not know. S o I

don t know.

8 . Customer p i c k s up , one of your custamers at

the airport, MDAD customer p i c k s up their phone, has

a dial tone and dials a four digit call.

That call goes to your FBX, correct?

A. Yes, sir.

Q. And then it gets rerouted to a n o t h e r one of

your customers, MDAD's customers, correct?

A. Well, it's a combination yes and no. I'm

not sure what goes on in t h e back office. So I can

3c, b a c k and check.

At the t i c k e t counters right now with the

phones that we have put in you can do four digit

dialing frnm one ticket counter to the next, so yes.

Customer to customer you can do that with

communications. In the back offices, whether the

customer is using, if one customer is using us going

through our PBX and another customer isn't, then you

cannot, the routing process is . different. Yau a r e

going to have to go out to cnme hack in.

Q. Do you know the answer to the question I

asked, or are you speculating?

A. I'm not speculating, I'm trying to answer

your question based on the question you asked unless

h'RESSE & ASSOCIATES, INC. (305) 371-7692

PSC 4965

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I am missing snmething.

MR. GOLDBERG: Can you read back the p r i o r

question.

(Question read by t h e cnurt r e p r t e r )

Q. Yes or no?

A. Yes.

Q. In that situation, you would agree with me,

would you not, that there is no access t o BellSouth's

network or equipment a% all, correct?


A. I would say yes.

Q. What happens technically in a s i t u a t i o n

where an MDAD customer picks up the phone, has dial

tone, and places a t e n digit c a l l to Coral Gables,

how dnes that n c r u r frnm a technical perspective?

A. From the hand set you dial 9 to get an

outside line, you dial the 10 digit number, it goes

from the PBX through Bell's switch room, and from

there it goes to t h e outside to connect to the

individual that person is calling. That's it.

Q. Let me a s k you thls questinn. And the

question is limited to MDAD customers at the a i r p o r t .

For MDAD customers at the airport, if the

county did not own its PBX and its pathways and we

are net in the business that its in how would the

. . . . . .


PSC 4966

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customers get d i a l tone?


A. They would call, contact BellSouth, request

s e r v i c e and Bell would come in, s u r v e y l o c a t i o n ,

determine whether they have service at said location.

If not BellSouth would be required to run whatever

hardware is required tc get service tc that customer

facility . Q. And that would all be using BellSouth

equipment, correct?

A. Yes, sir.

Q. But f o r MDAD’s customers that c u r r e n t

exist, they are getting telecommunications service

because you own t h e equipment and facility, correct?


A. Y e s , sir.

Q. So it must be true that if the county didn’t

own its telecm”mn1catims facility and equipment,

it’s current MDAD customers would not have telephone

service unless they went to some other

t elecommunl ca t i m s cnmpany , correct ?

MR, HOPE: O b j e c t i o n t o form. *. A. res.

(1. Are all l o c a l calls made by MDAD customers

routed through MDAD’s switch?


PSC 4967

Page 101

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A . Yes.

Q. Absent routing through MDAD's switch, isn't

it t r u e that MDAD's customers would not have a dial

trrne?

A. Yes.

Q. And absent routing over a pathway belonging

to MDAI? that's emanating from MDAD's switch tc an

MDAD customer, the MDAD customer would not have d i a l

tone, isn't that correct?


A . Yes.

Q. Does MDAD as part of t h e service it provides

as a telecommunications facility, don't you have the

ability to assign telephone numbers to your

customers?


A. Yes.

Q. What happens technically if a B e l l S o u t h

customer in Hialeah wants to call one of your

customers, I4DAD's customers at the airport?

A. They dial their ten d i g i t number of the

customer themselves, because it comes into

BellSouth's demarcation which I think there's

room, and from there to our PBX, and then it gets

routed to the customer extension to the number that

300X

- . - _ _ -. . . - . -. . _. - . . __ .. - - - - _ _ . . ..__ . . . . - -


PSC 4968

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they are dialing.

Q. What exactly technically does your PBX do

once it gets that call into that piece of equipment?

There's a rimer of things that happen,

that are solely within your control?

isn't it,


A. Yes.

Q. Can you explain what happens f o r the court

and for this case when that call comes in to your

particular piece of equipment, the PBX?

A. C a l l comes in, we verify that you are

dialing an extension or a number that does exist, and

if it does exist it gets routed to that location.

If that location doesn't pick up or depends

on what w e put on it, it can go to voice mail.

allow that call to be routed somewhere else to i n s u r e

that it gets picked up.

We

(2. Maybe we are saying the same thing, but see

if you would agree with me.

Once that call comes into your PBX, doesn't

your PBX in essence interpret that telephone number

and translate that telephone number so that you then,

your equipment redirects that telephone call to the specific facility and speciflc phon- p at your

customer's office?

.. ___ - -. - - __ ~ ._ -- _. . - __ __ _.


PSC 4969

Page 103

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MF.. HOPE: Objectinn to form.

A. Y e s , sir.

Q. There's no dispute about t h a t , right?

A. Yes, sir.

Q. In the documents that we have reviewed in

this case including the airport rental agreement,

that's the terminal rental agreement, lt states t h a t

the county provides a number of telecommunications

service.

One service is called switch access, switch

access; is that correct?

A. I believe so, yes.

Q. Can you explain what switch access is?

A. In it's clear definition, no, s i r , I cannot.

Q. Why can't you?

A. I don't have a c lea r definition or exact

definition to give you as to what switch access is.

Q. Whn wculd be able to provide that answer fcr

us?

A. The majority of the folks working at my

telecom unit or my t e l m prnvider -- not the telcn

provider, the guys that manage the PBX within

Nextera.

Q. Obviously Mextera is a separate entity from

the county, correct, they are a separate corporation?

. .- - ___ . --.. . ____ KRESSE & ASSOCIATES, I I JC .

( 3 0 5 ) 371-7692

1

PSC 4970

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A. Yes, sir.

Q. So with respect to your telecom group aga in ,

Pedro Garcia is t h e head of that telecom group,

correct?

A. Yes.

Q. So he would be able to answer that ques t ion ,

rrsrrect?

A. It's a possibility.

Q. Would you be concerned if he couldn't answer

what switch access is?

A. Mot necessarily.

0 . No? Can you describe for us what network

access is?

A. The a b i l i t y for any of our u s e r s who u t i l i z e

our network services to be able to complete a

function, to be able to get connectivity to go from

point A to poin t B.

Q. When it refers to netwcrk access what

network are you r e f e r r i n g t o ?

A. The aviation department network. Our

physical d a t a netwnrk.

Q. Is that t h e PBX?

A. No, sir.

Q. What i s i t then i f i t ' s not t he PBX?

A. FBX covers voice. We have a voice and a

-- -__ - . . _- - - - - - . . _. .. ..

KRESSE & ASSOCIATES, I N C . (305) 371-76S2

PSC 4971

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da t a convergence.

physical data network that we have, that connection

service and workstations to allow them to have access

ability t n f u n c % i o n s and services.

B u t the network i tself is our

Q. What allows your customer to have voice

service? Is it switch access OK network access?

A. If the switch is the switch that mnnec%s to

t h e PBX it would be switch access.

Q. B u t you are not sure about that?

A. Not a hundred p r c e n t , ne.

Q. So t h e local calls we have been t a l k i n g

about in this deposition, the ones that are internal

to t h e airport or t h e ones t h a t go t o Hialeah or

Coral Gables in my examples, you are not sure whether

%ha% involves switch access or network access, is

that correct?


Q. L e t m2 rephrase it. You are not, f i n i s h the

end of the question, you are n o t sure whether that

involves switch access?

A . I believe it does but I'm not a hundred

percent sure. The network access, as my original

statement, is for o u r data network.

Q. Are you familiar w l t h t h e term single line

l o c a l access?

KRESSE & ASSOCIATES, INC. ( 3 0 5 ) 371-76S2

PSC 4972

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A. I can't say that I am.

Q. Have you ever seen that term used in any

documents at the airport, single line local access?

A. Possibllity. Can'% reca l l .

Q. You can't tell me what it means or what it

denotes as we sit here today?

A. No, sir.

Q. Let me hand you what we'll mark as MJ8 and

for the record this is the airport rental agreement

and its associated exhibits.

exhibits. Attachments or schedules.

I shouldn't say

(AirFQrt ren%al agreement marked Exhibit MJ

8 for identification).

Q . Let me direct your attention when you are

dcme I n n k i n g at- the document to the first paragraph.

I am going to read a portion of that paragraph to

you.

It says "The munty agrees to deliver

install, rent and maintain telecommunications systems

and services consisting of, one, switch access to its

common telecommunicatlons switching equipment and

software which will be shared by the Miami-Dade

Aviaticn Department and its tenants at the airport,

'unquote switch access' and, two, netwcrk access tcJ

t h e local telephone exchange carrier, 'network

RRESSE 6 ASSOCIATES, I I JC. ( 3 0 5 ) 371-7692

PSC 4973

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access.

Going back, I know you answered some

questions before about network access.

he mnre clear.

network access to the local telephone exchange

L e t me j u s t

Can you explain tn me what two means,

carrier?

A. We have a netwcrk switch cr -- I have t n

look at the -- it has to do with the configuration of

how our PBX and how or voice, what we cou ld define

as, we have a voice network -- haven't read this document in a while -- what we deem to be a voice network and via that network from what I am seeing is

what we use to get access to local exchange, to get

o u t .

So o u r statement t o you when you asked me

o r i g i n a l l y when you asked me what network access was,

because with this rental agreement we a l s o provide

netwrrrk access, SCI I l ~ n k at it as data, not vnice.

So I guess it is a misstatement that I made.

But yo ahead.

ran you clarify what the misstatement is (1.

that you made so the record is clear?

A. My interpretation, when you asked me network

access, this rental agreement determmes what we

provide data network access to our customers, those

_ _ - - __ . __ . . - ~ . ____ . __ KRESSE & ASSOCIATES, INC.

( 3 0 5 ) 371-7692

PSC 4974

Page 108

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t h a t may need network providing OL accessibility t o

t h e ne tworks o r applications o r things of that nature

w e also provide.

SQ when ynu s a i d network access my foca l

point was on t h e data w i t h i n apparently that we do

have and I never looked a t it that way that there is

a voice network that's also what they deem to be a

network o r my t e l c o guys u s e a s being a network as

well.

Q. It does say network access to I n c a 1

t e l e p h o n e exchange carrier.

document I would like you t o e x p l a i n to m e

technically how this network access works. What

exactly i s t h e service that's provided? Can you

answer that q u e s t i o n ?

So having shown you t h i s

A. No, sir, I cannot.

Q . - Would Mr. Garcia , Pedro Garcia be able to

answer that questisn?

A. Frobably so.

Q - You say you haven't seen this airport rental

agreement in some time. How lon3 has i t been?

A. Not sure. I believe it might have been

revised. But I can't tell you the last time I've

seen i t to read t h e dccument Itself. I'm nnt sure,

s i r .

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PSC 4975

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Q. Isn't this the blood and guts of your

telecommunications business at the airport?


A. It is the revised document. Well, it's a

document that we use to establish customer

agreements.

Q. Isn't that your business?


A. What's -- what is my business? I'm sorry.

Q. Isn't that how you make mcney, by entering

into these agreements with customers at the airport

so they will pay you for your telecommunications

service?


A. Y e s , sir.

Q.

business ?

Isn't this a critical document in your

A. Yes.

Q. How is it that you are not able in your

position to identify f o r me and explain to me one of

the bas ic , one of the three basic services provided

by MDAD to your own customers?


I have staff whz has a respmsibility f o r A.

reviewing, crafting and conveying back to me content

KRESSE & ASSOCIATES, ILJC. ( 3 0 5 ) 371-7692

PSC 4976

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that is applicable. That’s what staff is for.

Q. Don’t you supervise your staff? .. A. res, sir.

Q. And as part of your supervlslon of ycur

staff shouldn’t you know what they do on a day-to-day

basis and what basic services are provid ing to y o u r

customers?


A. I know what my staff does, y e s .

Q. I’m a s k i n g about your knowledge. Shouldn’t

yau knaw about the basic services that your s t a f f and

ycur te1eca”unications b u s i n e s s provides to your

customers each and every day?


I -- ne. A. I’m n n t nn top of my staff each

Their job is to go out and provide and every day.

and do their due diligence each and every day.

am not on t o p cf my staff every day.

So I

Q . You’d agree with me j u s t from the face of

the document, not asking you about any other

knowledge you may or may not have, but ynu’d agree

with me that the purpose of this airport r e n t a l

agreement is t o have your customers pay you for

switch access , network access and what is a l s c termed

here telecommunication terminal equipment, et cetera,

..


PSC 4977

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which is nutlined nn Exhibit l?

MR. HOPE: Objection to form. . v A. r e s .

'2. So is it fair tn say because ynu cannot

detail for us, and again I say this with respect, you

cannot detail fo r us here today any of the basic

services that are prcvirled, you would a l s n net be

able to tell us what e x a c t l y the customer is paying

for o r not paying for, correct?

MR. HOPE: Objection to form. .?- A . 1 r S .

Q . Stated another way , you would agree that you

can't tell us here today what a customer is heing

charged f o r or not being charged for, correct?


A. No, incorrect.

Q . So you can't tell me what they are paying

but you can tell me what they are being charged fo r?

A. I can tell you what's, not a hundred percent

what's entailed in their Gills because I don't write

their b i l l s .

invoices and I don't issue b i l l s , so.

I don't know exactly -- I don't look at

Q.

A. I don't do than invoices and I don't do

You don't do invoices and don't do Gills?

bills.

I_


PSC 4978

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Q. Because you have s%aff that does i t ?

A. Y e s , sir.

Q. But you 'd agree with me that under this

agreement you are charglng, y ~ u were charging your

customers for switch access and network access, and

because you can't detail f o r us what switch access i s

or network access is you can't testify under oa th

today what exactly they are being charged for or not

charged for, you'd agree with that, correct?


A. Yes.

ME. GOLDBERG: Take a break .

(Recess in the p r o c e e d i n g s )

BY MR. GOLDBERG

(2. Mr. Jenkins, are ynii ready to continue with

your deposition? -. - A. ies, sir.

Q. Thank ym. Can ynu explain bo me what --

s t r i k e that.

Does MDAD, the coun ty or the airport

partition its trunks?


Do you understand my question? Q.

A. Yes, we do.

Q. N O W , before I yet into your answer that yes,

. . . .


PSC 4979

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ynu dc p a r t i t i o n trimks, can you explain technically

to the court and us here at this deposition what

partitioning t r u n k s means?

A. Simplest analngy is ynu have a pipe -- not a

pipe, you have a series of cables that are available

for utilization.

great you do not need a l l of those cables so to

speak, by which then you are allowed to allow

multiple points of access to a particular cable to

If the utilization is not that

utilize said service.

How can I get i n t o the layman's

discussions -- Q.

A. Yes. I can show i t to you and then you can

Would drawing a diagram help?

send it back.

Q. I will give you yellow sheet of paper and

you have a pen if that will help you explain it.

A. If you l c ~ k at it that you have this pipe

that sits here and I have, call it four users who

need to have access to t h e PBX or the phone system.

?Jot all have or require a hundred p e r c e n t access all

the time to said system.

So what we do is consolidate into one

smaller pipe the ability for these f a u r t n have

access knowing that they all will not be utilizing

-


PSC 4980

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tho system at the same Lime.

some more flexibility and doesn't cos t as much.

So it gives us more --

Q. On t h i s diagram just that you are writing

you have a rortangl~, a lnn3 rectangle. Does that

represent the PBX?

A. l e s t sir.

Q.

..

Can you just write PBX inside there so we

are clear. And the four squares , they represent

m s t omer s ?

A. No, this he would be hand sets.

Q. Telephones you mean?

A. Y e s .

Q. Write down "hand sets". That would be

great.

And then the smaller column that you drew,

is that the partition? What would you call that? -. A. i es , I refer that t o being I say the

partition based upcn p u r quest-ion of how w e would,

instead of utilizing the whole piece it's a portion

thereof to give you t h e same functionality.

MR. GOLDBERG: I am going to mark this as

M J 3 .

(Diagram marked Exhibit MJ9 for

identification)

Q . What benefit does partitioning trunks have

. .


PSC 4981

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f n r ynu, MLiAD?

A. It's more manageability and cost savings, I

guess if you loo): at it that way.

Q . When did ynu f i r s t partitinn trunks? Let me

put it i n context.

We know that on January 29, 2002,

approximately, the county purchased all the assets

and equipment from Nextera.

partitions at the time that the county made that

purchase?

Were the trunks

A. I don't know.

0 . We any trunks at the airport first -- when

were any trunks at the airport first partitioned?

A. I'm so r ry .

12. Snrry. Let me rephrase it. When were any

trunks at the airport f i rs t partitioned?

A. I'm not sure. I have no t made any changes

except f o r software upgrades tc! cur PEX.

made any changes in a while,

We have not

s o .

Q. Are there certain t r u n k s that are

partitioned and certaln trunks that are n o t

partitioned at the airport?

A. I don't know.

Q. Who would know that?

A. Anyone that's within my voice services,

- . - -


PSC 4982

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either my Nextera folks or other individuals t h a t

work in m y telecommunications unit.

Q. And you'd agree t h a t Mr. Fedro Garcia would

kncw that answer?

A. I would say so, y e s .

Q. Would he a l s o -- strike t h a t .

Do you know why the trunks were partitioned

at the airport?

A. No, sir.

Q. Are you aware of any documentatlnn that we

could look at that would explain why trunks were

p a r t i t i o n e d at the airport?

A. Not that I'm aware of.

Q. How do you know f o r a certainty that trunks

are partitioned at the airport?

A. I believe it's been mentioned in I guess one

of my telecum meetings, I believe the discussion has

come UF once cr t w i c e .

Q. So you are just relating it f rom a

discussion or two that you had at a meeting with

staff?

A. Yes, sir.

Q. You haven't been actively involved in any

endeavor that you had to actually deal with

partitioning or not partitioning trunks at the

~


PSC 4983

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airpnrt, is that crsrrect?

M R . HOPE: Objection, form.

A. Yes, sir.

Q . Dn ynu know whether the trunks had been

partitioned at the airport based on the type of

customer t h a t those trunks go to?

A. I c a n ' t answer t h a t question.

Q. Would Mr. Garcia be able to answer that

quest ion?

A. Probably so.

Q. Can you explain the reasons why you may

partition t r u n k s for one type of customer at t h e

airport and not another?

A. No, I can't.

Q . How would w e determine f o r a fact that the

trunks, any trunks are actually partitioned at the

airport, aside from relying on your statement here

t oda y ?

A. You could look at our design drawings, o u r

PBX diagrams, how our PBX is configured t o determine

whether we have actually dnne that or not and

discussions with staff.

Q. The d e s i g n diagrams, which group that

reports to you would those design diagrams be fnund

in?

- . .


PSC 4984

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A. Nextera.

Q. Nextera. They are not a group that reports

to yau, are they?

A. Well, I manage them, yes. They report to

me.

Q. A n d Nextera is, you have entered into an

agreement, just sc we get it on the rPccrd, r e r r e z t

me if I am wrong, you have entered into an agreement

with Nextera to manage YOUK telecommunications

facility at t h e airport, correct?

A. Yes.

MR. HOPE: O b j e c t i o n t o f o r m .

Q. Who does Mextera directly report to, is it

you day-to-day or is it somebody else who reports to

you?


A. It's a combination, but primarily it's

someone else nn day-tD-day activities.

Q. Would that person be Mr. Pedro Garcia?

A. Y ~ S , sir.

(2.

.I

Let me show ynu what I am gning to mark as

Exhibit as MJlO and MJ11.

(Customer lists marked Exhibits MJlO and

MJll for identification)

Q. Let's take a look at M J l l first. It's on


PSC 4985

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p u r left.

A. OK.

Q. Have you seen t h a t document before?

A. Yes, I have.

Q. Is it correct t h a t as of February 7, 2002

this roughly depicts cus tomers , MDAD customers who

were receiving telecommunicatlons s e r v i c e at t h e

airport ?

MR. HOPE: O b j e c t i o n to form.

A. Yes, si r .

Q. Let me ask you the same question about MJ10.

Does that accurately depict your customer l i s t a s of

February, 2003, about a year later?

A. Yes, s i r .

Q. Since February of 2003 when MJlO was

produced, would it be a c c u r a t e to s a y t h a t the number

of customers has increased 01 decreased?

A. From March nf ' 0 3 I believe we lnst sane

customers.

5 . Have you gained some?

A. It's possible --

Q. Before I even ask that I should ask, do you

have enough knowledge t o answer those questions?

A. Yes, I do.

Q. So have you gained some as well as lost


PSC 4986

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s o m s ?

A. I believe we have gained some as well as

I c J s t some.

Q. At the present time can you tell me how many

customers you have at the airport?

A. Exact number, no, I cannot.

Q. Hcw about apprcximate number?

MR. HOPE: Objection, privileged as we

stated earlier. I n s t r u c t deponent not t o answer.

A s w e brought UF ear l ie r , you asked the same

question in terms of quantity and our position is

that you can talk about provision of services and

drl we have customers, but I k n o w that certain

documents you already have and I c a n ' t s t o p t h a t

now, but in terms of specific customers and what

we do and total number of customers that is

something that's privileged.

MF.. Gr2LDEEF.G: The number nf customers is

privileged?

MR. HOFE: Yes. What would give you

anything that ynu need in terms of knowing the

number of our customers?

MR. GOLDBERG: I just want to make i t clear.

You are instructing him not to answer about the

number of cus tomers?


PSC 4987

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MR. HOPE: Correct, which is what I

instructed earlier.

Q. It's fair to say that all the customers

listed cn MJ10, Mr. Jenklns, Fay fnr ynur

telecommunications service, correct?

M R . HOPE: Objection, form.

A . Yes.

Q. There's no question that having these

customers benefits the county financially, correct?

A. There's some benefit, yes.

Q. There's some benefit?

A. Yes, sir.

Q. Let me show you what I am going to mark as

MJ12 and 13, two photographs.

(Photographs marked Exhibits M J l 2 and 13 for

identification)

Q. MJ12 is a picture of Cafe Versaille,

cnrrect?

A. Yes, sir.

Q. That's one of the customers listed, one of

ynur customers listed on MJ10, that's correct? I am

painting to it hers.

A . Yes, sir.

Q. MJ13 -- by the way, are there a number of

Cafe Versailles in the airport?

. . - - - -. . . -. -. - - -~


PSC 4988

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A. I believe there are t w ~ . Maybe more.

Q. J u s t for the record, because people may read

this o r see this videotape and don't know what Cafe

Versaille is. Can p u explain what it is?

A. It's a concession within the airport that

provides coffee, Danish, pastries.

12. MJ13 dPpicts a bacardi shop, ccrrert, Q Y

store where you can by Bacardi liquor?

A. It is a restaurant/bar type, yes .

Q. It's in the business of selling liquor, is

that correct, and food? .. A. yes, sir.

Q . Do you know whether Bacardi is currently an

MUAU customer?

MR. FIOPE: Objection. Instruct the deponent

not to answer.

Q. Let's assume since you have been instructed

not to answer that questinn I'll a s k you to assume

that they are a customer, they are out at the

airport.

Again I go back to my question: Having Cafe

Vsrsaille and potentially Bacardi as clients at t h e

airport, the purpose is, is it not, to derive income,

revenue from them in return fcr ycur provision of

telecommunications service?


PSC 4989

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A. Yes.

Q . Is there any other benefit that they provide

the airpart 3s a custnmer other than financial?


A. I'm sorry, you g o t to repeat that one.

Q. Sure. (?they than prcviding yc?u w i t h revenue

and increasing the money that you make off of the

telecommunications business, is there any other

benefit that they provide MDAD?

A. These entities?

Q. Yes.

A. They provide the customers with a product.

The customer, t h e traveling public gets a benefit

from these entities.

Q . Fair enough. The customers who purchase

food 01 d r i n k s ?

A. Fnod, pastries, coffee, yes, sir.

Q. But does that provide the airport with a

benefit?

from havmg these shops there? No, right?

Does t h s airport receive any other benefit


A. The benefit to the airport is if we bring

quality products to the a i r p o r t our custnmers whc

travel through MIA w i l l choose MIA in comparison to

. - .. -- - .- - - ~


PSC 4990

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F o r t Lauderda le o r anywhere else.

of p r o d u c t a p roduc t and s e r v i c e .

I t i s a b rand ing

Q. So i t i s a marke t ing t o o l as wel l I guess?

I don't want to p u t words in y o u r mauth , b u t you are

e s s e n t i a l l y s a y i n g i f you have q u a l i t y shops you a r e

hop ing you w i l l g e t more p a s s e n g e r s , i s t h a t t h e -- A. Yes, s i r .

Q. Any o t h e r b e n e f i t ?

A. N o , s i r .

Q. A r e t h e r e any s t u d i e s t h a t you have reviewed

o r come a c r o s s t h a t s a y i f you have q u a l i t y s t o r e s

you'll get more t r a f f i c , t h e y will choose Miami ove r

F o r t Lauderda le as you s a i d ?

A. I d o n ' t , I d o n ' t have s tud ie s and I h a v e n ' t

done a n y t h i n g .

t h a t you can speak w i t h .

q u a l i t y merchandise, q u a l i t y products t o the f a c i l i t y

tc give u s what we need t o be a world class f a c i l i t y .

B u t w e have a commercial o p s d i v i s i o n

T h e i r goal i s t o b r i n g

And t h e t r a v e l i n g p u b l i c , I t h i n k t h e y have

done -- no t " they have" b u t industry has done studies

o r surveys as t o what t h e t r ave l ing public wants t o

see when t h e y yo through a f a c i l i t y , l i k e M i a m i

International A i r p o r t and as i t is compared t o

A t l a n t a , J a c k s o n v i l l e , Tampa, Hnustnn, EFW, anywhere

e lse f o r t h a t m a t t e r .

- - _-. -- . - . -. - - .- .- . -. -. - - . - - - - . - -

RRESSE & ASSOCIATES, I I JC . ( 3 0 5 ) 371-7692

PSC 4991

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Q. You would agree t h a t having a Eacardi shop

or have a Cafe Versaille doesn't make the airport a

safer place to be, though it may bring more people

but doesn't make it a safer place; ynu have tn rely

on security or other measures, correct?


A . Yes, SIT.

Q. And you also agree that having a Bacardi

shop or C a f e Versaille or any of the other

concessions stands, concessions on these lists

doesn't help move freight CJI passengers more

efficiently through your airport, correct?


Q. Except g e t more passengers there?

A. Yes, sir.

Q. Let me ask you this. If John Q Public

wanted to come i n t o your airport and purchase Cafe

Versaille how w n u l d John Q P u b l i c 3" ahead and

purchase that concession technically, do you know?

A. For John Q Public to purchase Cafe Versaille

has nothing to do with the airport. For John Q

Fublic to purchase Cafe Versaille you need to deal

with the enterprise or the entity that owns those

rights.

Cafe Versaille I think is owned by La

-. --- __ _ _ ~. -. - -

KRESSE & ASSOCIATES, INC. [ 3 0 5 ) 371-7692

PSC 4992

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Caretta, the parent rDmpany, so you need to deal with

them as a franchise or operation.

If YGU want to perform a service or sell a

prnduct within the airpnrt ynu contact cur commercial

operations f o l k s and you talk to them that you are

willin(i, you are looking to do business within the

airport and they tell you where you need to apply,

what the airport is looking for, and you, whatever

comes up to bid you bid on.

So there's a formal process nothing having

to do anything with the -- Q. With your operation?

A. With my operation. They can do whatever

they want to do.

Q. B u t I g l i ~ s s I am trying to understand, if

John Q Public wanted to come in and let's say go to

La Caretta -- A. I think La Caretta is the parent company.

They are both owned by the same parent company.

(5. They would have to go to t h e parent company

and say basically I want to buy you o u t of your

airport space at the Miami Airport, correct, and

let's say the answer from the parent company was

f i n e , are there any other licenses or permits that

somebody needs to go in and lease this space?

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PSC 4993

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A. That's nut n f my bailiwick. That's entirely

within commercial operations.

There's a process by which is required to

build out, permits, contracts have tn be entered into

before you can even start doing business.

what the rental rate would be and what the pay back

to the department would be in regards tc utilizing

And then

that space.

(2. Y n i i said that's totally o u t of your

bailiwick. Whose bailiwick is it in?

A . It belongs to property and operations.

There's a commercial unit within the division, within

the department that's responsible for bringing in

business as well as managing or maintaining what

these 3uys deem to be our customers and what they

provide and what they do.

Q. But the details of how John Q Public gets in

there is snm~thlng ycu dm't feel comfortable f rom a

knowledge base answering, is that fair to say? -. A. xes, sir.

Q. So then I'll move on and a s k ycu this. At

least you'd agree with the general proposition, would

you not, that John Q Public if he meets all, goes

through the hoops and meets the requirements he can

come in and operate a concession or a store at the

- - - . - - - -. . . - . . . __ . . - - - _. -. _. -


PSC 4994

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airport, right?


A. As long as he's complied and submitted his

bid and he's awarded an? approved, yes , he r a n .

Q. And that bid process as far as you know is

at least open to the public, right, anybody who wants

tQ bld?

A. Yes, sir.

Q. There's no discrimination 01 anything along

those linings, anyone that wants to b i d can bid?

A. Yes, sir, as long as you meet the minimum

qualifications or whatever qualifications are

established that goes out with the bid.

Q. Let's assume John @ Public takes over Cafe

Versaille. They are going t n be able to purchase

your telecommunications services, correct?

A. If t h e y want to, it's entirely up to them.

Q. B u t if they want to ynur services are

available to John Q Public, correct? .. A. res, sir.

Q. And if John Q Public wants to nbtain

telecommunications service from you at the airport

John Q P u b l i c is going to enter into one of these

rental agreements that we discussed earlier, correct?

A. Yes, sir.

---.._ .- _ _ .. .. - . - -... - - -- -- . - ----___


PSC 4995

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Q. And then John (2 Public is going to pay f o r

that t e lecommunica t ions s e r v i c e , correct? .. A. les, s i r .

'2. And that telecnmmunicatlms service t h z t you

offer that w e discussed b e f o r e includes two way

communication capabilities, correct?

MR. HOPE: Ohjecti~n tc? form.

A. Yes, sir .

Q. Le% me mark a couple of more of these

because I have another follow-up question. I am

going to mark MJ14, MJ15, MJ16, MJ17, MJ18, MJ19,

M J Z O , MJ21, MJ22. Let me show you what I have marked

as Exhibits MJ14 through and including MJ22 and just

have you take a look at thclse photographs.

(Series o f photographs marked Exhibits MJ14

through MJ22 fo r identification)

A. OK.

Q. Are these, as far as you ran t e l l , accurate

depictions of various stores and/or services as they

presently exist at the Miami Airport?

A. Yes, sir.

Q. And I am just going to walk through them

real q u i c k l y if you don't mind me looking over your

shoulder just to p u t them on the record because the

record can't see the pictures.

-


PSC 4996

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C o r r e c t m e i f I a m wrong as I walk th rough

these. MJ12 is Cafe Versaille, MJ13 i s B a c a r d i , M J 1 4

is?

A. They are both the same -- Q . Eddy's i ce cream. M J 1 5 shows Eddy's Ice

Cream a s w e l l , Hebrew National h o t dogs. MJ16 i s

du%y free S+-GF.

MJ17 i s TCBY and Cinnabon. MJ18 is Bacardi,

a Burger King and F rank ly Gourmet. MJ19 i s Sunglass

Hut. MJ20 is t h e company you mentigned before, Cafe

L a C a r e t t a ?

A. Right.

Q . MJ21 i s b a s i c a l l y a mall of shops, c o r r e c t ?

A . Yes, si r .

Q. And the m a l l of shops i n c l u d e s barber Beauty

and Na i l s , a Kleen cleaners --

A.

Q.

A.

Q. A.

Q.

A .

can

€Jot t h a t ' s a shoe s h i n e .

I ' m snrry, shoe cleaner?

And t h e n the i c e cream place. ,. 1es.

Ynu didn't mentinn t h i s one.

MJ22 i s a l e a t h e r store?

res, sir. ..

MR. GOLDBERG: Showing his c - u n s e l where ,,e

yo shcpsping.


PSC 4997

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Q. That leads me %o the next ques%ion. There

is nothing that prevents Mr. Hope here or John Q.

Public or anybody e l s e from going into t h e Miami

Internatlonal Airport tQ these mall nf shops n r any

of the other stores that we have depicted here in the

photographs, purchasing their product, using their

services and then leavlng without taking a flight cr

booking a flight or traveling anywhere?

A. R i g h t .


Q. There's no dispute about that, they can walk

in, do those things and walk out without traveling?

A. Yeah, if they want to.

Q. And there's also no dispute, although your

counsel is telling you not to answer certain

questions, but there is no dispute that you are

providing service to some or all of those shops 01

those type cf ShGpS at the airport, rnrrect?


A. Yes, sir.

Q. Can you tell me what the rnunty, or MDAD, or

the airport exactly pay f o r to provide either switch

access or network access as those terms a re used in

the airport rental agreement?


KRESSE & ASSOCIATES, I N C . [ 3 U 5 ) 371-7692

PSC 4998

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A. What we actually pay for?

Q. Yes. What costs are involved in providing

those services to your customers.

A. What cos ts a re provided, I'm not sure I

understand the question.

Q. OK. Obviously you charge your custl3mers for

the telecommunlcatlons service, cctrrect? We

established that. That's not an issue, is it?

MR. HOPE: Let me stop you there. I am

gGing to object.

get an itemization of the specific costs that the

airport incurs and then at some point,

think this is something that you asked before and

you might be able to yet a hold of the rental

agreements, which shows what we charge, then you

can come up with our profit margins, which you

If you are now going to try ani

which I

are not entitled to.

Just l i k e when we requested specific request

from BellSouth and you said you are not going to

turn them aver because it is internal to your

rates nf return, that would be the same thing.

So unless you can show why you need specific

cost information or specific costs that we incur

like what BellSouth charges us this whole line of

questioning is inappropriate and privileged and I am

PSC 4999

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instructing the deponent not to answer.

MR. GOLDBERG: So just so the record is

clear, you instructed him not to answer that last

qu (3 s t i o n ?

MR. HOPE: Correct. Unless you can show to

me --

MR. GOLDBERG: It doesn't matter what I

show. Your instruction needs to stand or doesn't

stand. That's how it works.

MR. HOPE: I understand how it works .

I am going to show you once again and let me Q.

follow up with, I will show you what has been marked

as MJ6 which is the response to interrogatories again

and again point you if I can to the response under

number 3 . I am going to borrow Ms. Liebman's copy

p l ease . Thank you.

In the middle of the second paragraph

there's a sentence there that says as follews "MUAD

does not charge MDAD tenants for local service."

you explain that to me please?

Can

A. The cos t rlrr whatever is incurred that's

passed to us from BellSouth, the charge for having

local service provision, we pass that cost directly

back to the tenant.

All right.

We do not mark that up.

So isn't it a fact then that YOU Q.


PSC 5000

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are charging MDAD tenants f o r l o c a l service, correct,

albeit without a markup, correct?


A. It's a yes n r no, I can't say it's yes . The

cost that we incur that is passed to us from Bell we

pass it to t h e customer directly to pay the bill.

Q. Aren't ynu c h a r g i n g the customer f o r that

cost, a c c o r d i n g t c you?

A. W e are -- t h e cost t h a t w e incur i s what's

being passed to t h e customer t n pay without markup.

Q. What is difficult about my question? Strike

that.

Are you not then charging your custnmer fcr

that local service? Yes-or-no question. Please

answer the question.


A. Yes.

Q. Thank y ~ u . Therefcrre, the statement i n this

interrogatory response is incorrect and not true,

correct?


A. I'm reading this.

Q. Mr. J e n k i n s , take your time.

A. Go ahead and restate ynur questinn please.

Read it back.

KRESSE & ASSOCIATES, I l JC . ( 3 0 5 ) 371-7692

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MR. G0LDEEF.G: Please.



A. Nn, it's not cnrrect.

Q. The statement in the interrogatory response

that you signed under oath verifying it that i t was

true i s in fact n o t true, c o r r e c t ?


A. I'm not sure how that question reads. My

statement that I signed under oath states that we do

not charge tenants for local service.

Q . Is that a true or not-true statement?

A. It is a true statement.

0. So it is your testimony today that MDAD dares

not charge MDAD tenants for local service, is that

what you are saying?

A. Yes, sir, I don't charge them for local

service.

Q. And you don't believe that conflicts with

your testimony n o t less than 90 seconds ago?

A. Which my statement was that the m s t that is

passed to us from BellSouth is what the customer pays

without any markup from the department.

Q. But you are still charging your clients a

sum of money for local service, correct?

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E;RESSE & ASSOCIATES, INC. ( 3 0 5 ) 371-7692

PSC 5002

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A. I am charging them for costs that are

incurred by our d i a l tone provider.

12. Sn thereinre you a r e charging them fcr lncal

service?

A. I am charging -- I am issuing a bill to a customer for costs that were incurred -- that is

incurred b y the department by our local provider.

Q. We will talk about amounts on the charge in

a minute. So let's separate amounts out.

First let's deal with the basic

understanding that you are charging MDAD tenants for

local service. Whether or not that amount is your

cost or some markup is a separate question we'll talk

about in a second. But I want to make it very clear

that you are charging MDAD tenants for local service.

That is a correct statement, right?

MF,. HrSPE: Obje lz t inn t l a form.

A. If that's what you feel to be correct. I

don't think I'm charging my customers for local

service. I'm not a provlder of lncal service. I'm

not providing customers with local service.

Q. Just accepting for a second what you say,

you would then agree that at least ycu are charglng

your customers f o r l oca l service at your cost?

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PSC 5003

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ME. HOPE: Objection tn form.

Q. Correct?

A. It sounds right.

Q. Want to make sure i t is right. Dn you want

to think about it some sore?

A. No, it sounds right, so, yes .

'2. I t is right, correct?

A. Yes, sir.

Q. When MDAD charges an MDAD customer for l oca l

service at your cost, where does that show up on your

customer's bill?

MR. HOPE: Objection to form

A. I don't know.

Q. Who would know that?

A. Our financial department and Nex%era, who

generates the invoices.

Q. How is the c o s t of local service allocated

to your customers?

A. How is the cost allocated? I'm not sure.

Q. Would Mr. Garcia know that?

A. I'm not sure. It's a p o s s i b i l i t y .

Q. How do you know that the charge you are -- s t r i k e that.

How do you know that what y ~ u are charging

your customers is actually at cos t and includes no

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KRESSE & ASSOCIATES, INC. [ 305) 371-7692

PSC 5004

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markup? H o w do you knnw t h a t ?

A.

0. I d i d n ' t h e a r you. I'm s o r r y ?

A. I said I do n n t knnw t h a t f o r a hundred

I d o n ' t know t h a t f o r a hundred p e r c e n t .

p e r c e n t .

telcv services w e do n o t , t h e staff would go ahead

and r e v e r i f y t h a t bar): t o m e i n d i s c u s s i o n s .

But s i n c e w e a r e no t p r o v i d i n g o r s e l l i n g

B u t w e do n o t mark up c o s t s i n c u r r e d f o r

dial t o n e o r local s e r v i c e s , or l o n g d i s t a n c e

s e r v ~ c ~ s f o r t h a t ma t t e r .

Q. B u t a g a i n my q u e s t i o n is , and maybe I

mishea rd you, are you saying you don't- know ft2r a

fact t h a t there's no markup a s s o c i a t e d w i t h the

c h a r g e f o r l o r a l s e r v i c e ?

A. I d o n ' t know t h a t a hundred p e r r e n t fc?r a

fac t , r i g h t .

Q. D i d yuu say fo r a hundred p e r c e n t or a

hundred p e r c e n t ?

A. I do n o t t h a t f o r a hundred p e r c e n t t o be

factual.

Q. Sc? t h e r e f o r e ycu wou ldn ' t be c o m f o r t a b l e

t e s t i f y i n g t o such under o a t h , i s t h a t c o r r e c t ?

A. A t t h i s t i m e , y e s .

9. H o w l o n g do you believe MDAD h a s n o t

zharged -- s t r i k e t h a t , MDAD has charged i t s c l i e n t s


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for local service only 3% cost if in fact that is

what is happening?


A. I would believe should have been since i t s

inception of creating STS, but I don't know that to

be a hundred percent factual. I have to check t h e

invoices.

Q. In January of 2002, I should say since

January of 2002?

A. There should not be any markup, but unless I

look at an invoice what the actual bills were I

couldn't answer that question a hundred percent, no.

Q. Pricing to customers, how much you charge

customers for various services, who m a k e s the

decisions on t h a t in your entity?

A. Currently we l o o k at the industry -- t h e

current charges or current costs that are asses sed to

date are based on the assessments cr charges that we

have used in the past or that were used in the past.

So they were established by our service provider when

I f i r s t came nn hard.

Q. OK. As w e sit here today, though, as we sit

here today who makes t h e final decision as to how

much you are going to charge a customer for this

local service, whether it be Cost or not, call

. - - - - __ - . - . -. - . . -. __ . -. . .. -. . - . - -. -- _ .


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forwarding, voice mail, netwnrk accp,ss, switch

access? Who makes that decision, final decision?


Q. Is that you?


A. It's the department. I would say the

rec5mmendatlm cost allocations would come from our

provider .

Q. I'm not talking about cost allocations. I

am talking about charges that you bill your customer.

A. Those are cost allGcations.

12. Maybe I misunderstood your word. OK.

Mow, if you want to use cost allocations

that suggests, just want to ask you rightly or

wrongly, that suggests that you are dning nothing

more than passing the cost of doing business on to

your customers without any allocation for profit.

that true?


A. No.

Q. OK. So the term cost allocation is a bit

misleading , correct ?


A. I don't see how that's misleading, no.

Q. You don't see how calling what you charge

Is


PSC 5007

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your customers cost allocations is not- misleading

because it w o u l d tend to have a reasonable prudent

person in the public conclude that YOU are not making

any profit off c?f your business?


I didn't s a y I wasn't making a profit off of A.

my business.

Q. So why do you hesitate or sort of contest my

use of the w o r d charge? What are you charging your

clients for these services?


Do you contest the use of the word charge? Q.

A. No, sir.

Q. OK. Let's go back to my question. Who

determines at the airport, and tell m e if it is you

or somebody else, what you a l l typically charge your

customer for the various services that get provided

including lmal service, switch access, and the like?

A. As I stated before, we are still operating

based upon a pricing structure that was established

some seven, ten years ago. We have not modifled or

changed that. We are l o o k i n g at that. So it hasn't

been changed.

So when those pricing structures or cost

allocations or whatever you want to put to it was

_ _ _ . __ - __ - __ . .. - _ _ _. __ - -


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established %he department, has nnt changed frcm that

pricing model or structure.

was approved.

So it's been there and

So if you want to go back and pose

that questicln --

Q. Who approved it?

A. The previous director at the time who was

probably maybe R i c k Elder! who knows, that apprcved

the contract when it was first put in place based

upon the existing pricing model would have been it.

But it has not been changed since then. A n d we are

l o o k i n g at that now.

Q. A n d if you look at that now and there's a

change that you want to make, would you be the final

person who makes that decision as to the change?

A. No, sir.

Q. Who would that be?

A. The board of c o u n t y commissioners.

Q. MUAD sends invclres tn its custcmers on a

monthly basis charging for the various services,

correct?

A. Yes, sir.

Q. The customers when they ge t the invoice pay

MDAD f o r the services, correct?

A. Yes, sir.

Q . Just l i k e if I have BellSouth as my carrier

__ ___ . . - - . - - -. - -- - - - - - - - . . -- - - - -


PSC 5009

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a t my home and t h e y send m e a b i l l I remit a check t o

B e l l S o u t h , you a r e s e n d i n g b i l l s to your cus tomers

and t h e customers a r e pay ing you, correct?

A. Yes, sir.

Q. L ikewise , i f a customer has a repair problem

on t h e i r phone, your customer has a r e p a i r problem on

their p h m e a t the a i r p r t t h e y a r e g c i n g t o c a l l ynu

t o fix it , c o r r e c t ?

A. Yes , sir. Q. J u s t l i k e i f I have B e l l S o u t h a t m y home and

I have a r e p a i r problem I would ca l l t h e m . The re ' s

really no d i f f e r e n c e , correct?

A. IJo, s i r .

Q. A n d o b v i o u s l y when -- w e j u s t talked about

MDAD b i l l i n g t h e cus tomers and r e c e i v i n g payment.

T h a t w a s n ' t a lways t h e case, c o r r e c t ?

A. T rue . Yes, sir.

(2. When did t h a t change?

A. R i g h t a f t e r t h e , J a n u a r y 2002, t h e buyout of

W i l l i a m s .

Q. It i s t h e case nnw t h e customers c a l l you to

repair t h e phones , c o r r e c t ? J u s t t a l k e d a b o u t t h a t ,

t h e customers now c a l l MDAD i f t h e y have repair

problems, c o r r e c t ?

A. They c o n t a c t both t h e d e p a r t m e n t as w e l l as

__ __ - - .


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a call center number as well.

Q. With respect to the invoicing and payments

that changed in 2002. F r i o r to 2002, isn't it the

case that the p r i o r owner of the equipment and

opera tor Nextera was invoicing the clients and

receiving payment?

A. Yes, sir.

Q. And the county was not involved in that

process at all?

A. Yes, sir.

Q.

Exhibit 2 3 .

Let m e show you what I will mark as MJ

(Pricing document marked Exhibit MJ23 f o r

identification).

Q. Have you seen this document before?

A. No, sir.

Q. Let me direct your attention to the first

page.

components into two charges, network charge and a

port charge.

As ynli see it separates in graph form pricing

Do you see t h a t ?

A. Yes, sir.

Q. The ne twork charge includes in the box on

the left l oca l company lines. Isn't it correct that

MDAD is charging fo r local lines or l o c a l service as

part of its network charge?

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A. I cannot answer the question.

2.

A. Nextera or the voice technicians, the

Who would be best to answer that question?

manager in Nextera that handles the v n i r e cIr PBX, cr scme qf the guys within my telecommunications unit.

Q. Including Mr. Fedro Garcia?

A. Yes, sir.

Q. Let me ask you to go to page 2 . Actually,

Can you tell me what t h e let me a s k you to page 1.

IPE equipment represents or means?

A. We have seven of those. What it allows us

to do is, simplest terms, it gives us the

interccnnectlvity back to the PBX going o u t , based on

where our PBX is loca ted within the airport facility.

We use this to process. These are the

meridians, options.

In its clearest technical teIms, no. I know

what t hey do, but in d e a r e s t technical terms, I

cannot.

Q. Would Mr. Garcia be able tu answer that

question what IPE equipment is?

A. Yes, sir.

Q. Can you detail for me the distinction

between the netwcrk charge, the port charge and the

phone charge that you charge your customers that are


PSC 5012

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referenced at the bottom of this document?

A. Can I distinguish?

Q. Tell me what the differences are between the

network charge, the port charge and the 'phone charge.

A. There is a cost for the operation and

maintenance of the hand s e t s and the functionalities

and t h e cnst for s3id purchase of the phones or the

hand sets.

The port which is going from the wall t o the

closet that leads back to where this IP equipment is,

that has to be maintained and supported operations

and maintenance. So there is a cost f o r that.

On the network charge, I can't give you a

clear definition.

Q. Why doesn't MDAD, the airport or the county

mark up, according to you, let's assume that they are

just charging MDAD the customers at cost for local

s e r v i c e .

they are not?

Why is that? Why nnt mark it 1 - r ~ if in fact


I'm not sure but since w e are not a phone A.

zompany we are not selling phone service, so we don't

nark up services that we receive.

Q. Is there any documentation whatsoever that

;upports that statement that you j u s t made?

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A. Not that I'm aware of. I have to l o o k at

some.

Q. Do you have any documentation at the airport

in any form that t e l l s ynu that you are not a

telephone company or telecommunications company or

would support your prior testimony?


Q. Is there any documentation that we can

review that would address MDAD's decision to mark up

or not mark up its charge for l o c a l service?


Q . Just so we are clear, by documentation I ' m

talking about minutes of meetings, notes of any

person at the airport, memos, Correspondence,

lett-ers, e-mails, resolutions, county correspondence,

all that is included. Are you aware of any such

documentation that goes, that would go to that issue?

A. Net that I'm aware c?f.

Q. We can go to the second page, new pricing

for MDAD STS customers. Do you see that in bold at

the t op , 9/30/02?

A. Yes, sir.

Q. I t h o u g h t you just testified under oath that

there's been no pricing chang~s since a number cf

years ago, seven, eight, nine, ten years ago.


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Can you explain this document?

A. No, I can't. My statement to you is that I

was aware that there has been -- you asked me who

made the decision with regards to pricing whether it

is billed o r not billed. I told you my statement to

you that was established when the cont rac t was first

established.

Q. You didn't testify that the prices haven't

changed for seven, eight, nine, ten years, that

wasn't your testimony a little while agG?

A. It was a response to your question. So yes,

that was a statement that I made.

Q. Is that statement i n c o r r e c t after l o o k i n g at

this document right now?

A . Probably so.

Q. OK. Who made the decision to increase or

change t h e pricing on September 30 of ' 0 2 ?

MF. HOPE: Objection to f o r m .

A. It could have been done with the

negotiations or p a r t of putting n e w packaging

together gf addressing STS customers. As to when

that was done, I don't know.

Q. By your own testimony you are the CIO of t h e

telecommunications ccmpany that's operating at the

airport, how can pricing be changed September 2002

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PSC 5015

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withDut you knowing about it?


Staffing makes a recommendation to make a

change. I can let staff knnw to gc back and review

and make said recommendation to make the change and

A.

go do it.

Currently, right now there's scme things

that I don't dea l with in its minute points on a

day-to-day basis.

million worth of work.

And as a CIO I govern almost $130

So y e s , I'm dealing with a multitude of

items.

decisions and effectuate change.

I a l s o r e l y upon my senior managers to make

Q. Do you get evaluated or reviewed in your job

as to the bottom line financial performance of your


A. No, sir.

Q. lx you -- MR. HOPE: Objection to form.

Do you l o o k a t any time as to how your Q.

telecommunications facility is doing from a financial

standpoint?


A. On occasion, yes .

Q. What's on occasion? Once a week? Once a

-- - __ __.


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day?

A. Every couple of months I'll do an i n q u i r y as

to where we are and what we have billed t o date.

Q. And wouldn't anybody in your business w i t h a

business background understand that a major component

of how you are going to do financially is revenue?

MR. HGPE: Qbjection to form.

A. Yes.

Q. Revenue is t h e amount of money that your

business is taking i n on a d a i l y or month ly basis,

correct?


A. Yes.

Q. In any financial statement that you may see

that's the t o p line o n a financial statement, right?

A. I would say so.

Q. And in the simplest form a financial

statement t n determine hnw you are dning is gning ta

take the revenue minus any expense to get to an

operating profit, correct?

A. I would say yes.

Q. OK. So what you are saying to me today, and

I just want to make sure that the record is very

clear, is t h a t you are n o t aware of or have knowledge

of s i g n i f i c a n t changes in your revenue stream?

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ME. HOPE: Objection to form.

A. I am aware of changes that -- it's not my

revenue stream. I don't manage revenue. I don't

manage billing, I don't mana3'3 revenuP, I dan't

manage collections. That is done by our financial

department and our business management group who is

concerned about the bottc-lm line.

My concern is providing IT and teletom

services to my users. That's my primary focus as the

C I O . My role as the CIO is not to bring money in the

balance sheet. It is make sure that I maintain

operations for my facility. That's my role.

Q. The people you supervise and as a result you

don't d e a l with your customers and negotiate prices

and charges?

A. No, I do not.

Q. You don't personal ly is what you are saying?

A. res, s i r .

Q. How about people who work for you?

A. Ne,.

Q. In ail the grnups we mentioned that doesn't

-.

occur?

A. Negotiating of pricing, no, my guys don't do

-- t h e y clnn't do t h a t . We come up with a pricing

structure and that is it. We cannot arbitrarily --


PSC 5018

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we don't have the ability to arbitrarily mako pricing

changes.

Q. B u t people you supervise and therefore you

come up with a pricing structure, cnrrect?

A. We come up with a recommendation. That

would have t o be approved.

(2. Ecttom line is you have no knowledge of this

document which seems to i n d i c a t e new pricing for STS

customers as of September 30, ' 02?

A. I don't recall seeing the document.

Q. Does this refresh your recollection about

new pricing that occurred in Septemher, ' 02?

A. To be honest with you, no.

Q. OK. It lists on page 2 MDAD costs. Who w a s

charging MDAD f o r the IPE, the DLC, the super l ~ p

and the common equipment at the amounts indicated on

this document?

A. I believe that is Nextera, w h a t would it

cost us to purchase.

Q. What it cost to purchase Nextera's equipment

under the purchase agreement that was consummated in

February of 2002, or J a n u a r y of 2 0 0 2 ?

A. I believe that to be true, y e s .

Q. So then y5u m m e dcwn, this is for voice

line costs. What's voice line?

__ - _ _ . - _._ - -- -- - - - - -___. _ _ _ __ KRESSE & ASSOCIATES, INC.

( 3 0 5 ) 371-7692

PSC 5019

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A. That's telephone services.

Q. Two way telecommunication service, correct?

A. Yes, sir.

Q. And you have a t o t a l q u i p m e n t cost in

providing t h e voice line t o your customers, correct,

is that correc t?

A. Yes.

Q. You have an interest carrying cost, a

maintenance cos t and then you add on profit, correct?

A. Yes, s i r .

Q. And you come up with a voice line charge per

month of 930, is that correct?

A. Yes, sir.

Q. Are you familiar with how this ge ts

calculated?

A. KO, s i r , I'm not.

(2. May I ask you t o go t o the page t h a t has

network access costs. I understand ynu couldn't

detail for m e what network access is, but let me ask

you in the middle of this page f i g u r e d i n t o MDAD's

cost f o r network access there's a local line cns t of

$60,000. Do you see that?

A. Yes, I see it.

Q . And it does say next to It based on $500 per

month per PRI. Can you tell the judge and us what a

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PR.1 is?

A. EJo, I cannot.

Q. Would Mr. Fedro Garcia know what a PRI is?

A. I would say yes, I guess.

Q. But I guess that might be an unfair

question.

w ~ u l d knrsw if you dcn't knew what it 1s trs b q i n

with, right?

I apologize Gut it's hard to know what he


Q. Explain to me what the local line cost is.

A. Can't answer that question for you.

Q. What's a l o c a l line?

A. I believe one of my definitions w a s -- well,

I'm not recalling right now. I'm not s u r e .

Q . Would M r . Garcia be able to answer t h a t

question?


Q. I t ' s mcre than a possibility, isn't it?

A. As I said, sir, it's a possibility.

(5. Again, it's a possibility because you don't

know what local line is, right?

A. Yes.

Q. Local line sounds like local service to me,

doesn't it?

A. Your interpretation, sir. I don't know.

-- _ _ _ _ _ .~ -- - . --


PSC 5021

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Q. Is %here any fact, any document, any

information that you have in your possession that

would contradict my interpretation that local line

sounds like I n c a 1 service?


A. Not to my knowledge, sir.

'2. Back nn that page, network access m s t ,

directly below the l o c a l line cost of $60,000 is an

entry of 15 percent profit, correct?

A. Yes, sir.

Q. So MDAD adds 15 percent profit or in this

case $25,000 figure to i t s cost for network access,

correct?

A. Yes, sir.

12. And that's over and above the number that's

been ascribed to local line cost, correct?

A. Yes, sir.

12. So wouldn't you cnnclude that the $ 1 5 , @ 0 0

profit is a markup to the cos t for network access?


A. The $15,000 profit?

Q. Yes.

A. Which $15,000 are you referring to?

Q. Sorry. Wouldn't you agree that the 15

percent profit is a markup to the cost depicted for

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( 3 0 5 ) 371-7692

PSC 5022

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network access?

A . Yes, sir.

Q. So, therefore, you'd agree that t h e 15

percent proflt alsn is a markup in part fnr the local

line cost or what I've said is local service?


A. I dcn't know that to be f a c t u a l . YQU have

to take these costs, total them, calculate 15 percent

on the profit and determine whether that's included

in 60 grand or not.

Q. Well, --

A. Or however the formula was calculated.

Q. OK. We'll come back to that. But you'd

agree that the 15 percent, if the $25,000 is 1 5

percent of a11 %he n u m e r s starting with $4,152 down

to and including the local line cost of $60,000, then

you are in fact according to this document marking up

local line ccst and/or lccal service, ccrrert?


A. I don't know the f a c t that local line cost

and local service are the same thing.

Q. Let's just assume f o r purposes of this

deposition that they are.

are marking up l o c a l service?

You'd agree then that YOU

MR. HOFE: Objection to f o r m .

. - - __ - - . .. - - __ - . . ._ . . . . - . - __ . __ - -- KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 5023

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.. A. i e s , if that's indeed factual.

Q. And aga in , as we sit here today, there is

nothing that you have as the corporate representative

with the most knowledge n f what MDAD charges or

doesn't charge for local service, there's nothing in

your knowledge base to contest otherwise, correct?

MR. HQPE: Qbjection to form.

A. Yes, sir.

Q. Let me show you what has Geen marked as

MJ24.

(Proposal marked Exhibit MJ24 for

identification)

Q. Have you seen this document before?

A. Yes, I've seen it before.

Q. What is this, please?

A. It's a proposa l , voice proposal that would

probably go to potential customer.

3 . In this case, j u s t so the record is clear

and for Dorian who is probably having a hard time

understanding what we are looking at, the tap of this

document is Informatlon Systems and

telecommunications Miami-Dade Aviation Department and

it says XYZ Airlines, and it is a voice proposal,

correct ?

T , A . 1e.S.

.- - . _ _ . . __ . . __ . - - - .- - . _- - _, .- - . -


PSC 5024

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(2. And then going down the document it proposes

charges to the airlines for switch access, network

access, system terminal equipment and system other,

correct ?

A. Yes, sir.

Q. And the outline of this proposal is very

cmsistent with the airport rental agreement that we

went over earlier in terms of the various charges

that are outlined this that agreement, correct?


A . Yes, sir.

Q. Now, let me direct your attention to the

network access itemization f o r this airlines. The

first line there is single line local network access.

What does that stand for?

A . I'm Rot sure.

Q. It has an $18 fee associated with it,

cnrrect?

A. Yes, sir.

Q. How is that $18 arrived at?

A. I'm n o t sure. There's a f9rmula that exists

as to what we charge customers.

Q. But if you don't know what single line local

access is, you can't tell me how the $18 gets arrived

at, is that fair?

. ... - -- - s - - - . . . .


PSC 5025

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A. Yes, s ir .

Q. What is the distinction between single line

loca l network access and the third item down, network

access?

A. I don't know.

Q. And similarly you would no t be able to tell

me how the $49 charge asscciated with network access

is arrived at, correct?

A. Correct.

Q. Would Mr. Garcia be able to answer thess

questions?

A. Most l i k e l y .

MR. GOLDBERG: Why don't we take ten

minutes.

(Recess)

BY MR. GOLDBERG

Q. M r . J e n k i n s , we a r e back on the record. Are

you prepared to cmtinue with your deposition please?

A. Y e s , sir.

Q. Thank you. Let me j u s t go back to a

document that we were l n n k i n g at when we took a

break, and that i s MJ Exhibit 24. Do you have that

i n f r o n t of you, correct?

A. Yes, sir.

Q. Just a couple of more questions about that.

.- - ____ . .. - - -- - - __ - ____ __ __ - __-_ KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 5026

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If you look at the Switch Access, it is not a column

but do you see where it says Switch Access?

A. Yes, sir.

12. And there are three entries or line items

under the switch access?

A. Yes.

'2. The first m e reads Meridian 1 F o r t and

there is a charge f o r $12. What is a meridian 1

p u r t ?

A. The meridian i s o u r box that -- it's, it goes back, it's that IF unit that you were asking

about, that's a meridian 1. And t h e ports t h a t come

from the closet feed into that meridian box. So we

cha rge apparently $12 from the port to get access t o

the meridian box.

So it goes from the phone to the closet, t h e

closet to the meridian to the box itself and then

generally it gets ynu tc the PBX.

Q. So we go from t h e phone at the client,

customer's of f i ce , r i g h t -- A. TQ the w a l l .

Q . You said a closet?

A. Right , because the wiring itself goes f rom

the wall plate to normally gees to a closet. If not

it is run back to the FBX or the meridian, depends on

-. __ -__ __ .__ - . . -- . _- - . __ - - -. . . - . . -


PSC 5027

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the location. But normally it woiild go back to a

closet. If not to a closet, it would go directly to

this port. Depends on the location of where we are

running.

Q. But whether or not it goes through a closet

it ultimately go backs to the PBX?

A. It gozs to this meridian h x .

Q. Where is the meridian box located?

A. They are strategically placed throughout the

facility. They are in different parts of the

airport.

Q. On the meridian box there's a port?

A. Yes, there are ports inside of them. Yes,

s i r .

Q . Is that where the line goes into?

I A. It would run back to that line, yes, sir.

Q. What travels into that port?

A. Travels intn that port?

(2. What goes into that port, j u s t from a

layman's perspective? I might be missing it.

A. T h e voice signal itself.

Q. The two way telecommunication? -. A. r e s , sir.

Q. And the dial tone if there's not a voice

goes into that port?


PSC 5028

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A. The dial t o n e -- Q. Does the dial tone go into that port too?

A. It comes back this way, so , y e s , sir.

Q. The dial tone goes both ways, in and out of

t h a t p o r t ?

A. It is routed, so, yes, sir.

Q. Without the p r t wculd you have dial tnne?

The answer is no, right?

A. The answer is no. It needs to be run Lack.

So no, you wouldn't.

(5. Without dial tone there would be no need for

the port, right?

A. Yes, sir.

Q. NOW, t h e port, that's part of a piece of

equipment?

A. Yes, sir.

Q. What piece of equipment is the p o r t part of?

A. 1 % ' ~ part, of the meridian box itself.

Q. Is there another name for a meridian bcx?

A. There is model numbers. That's the only

thing I could tell you.

Q. Do you charge for the use of t h e meridian

box?

A. Yes, sir.

Q. Separate and apart from the port?

-. . -__- ____ _ _ _ _ _ -- KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 5029

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A. rZan't answer that question. If I'm not

mistaken the p o r t is connected t o the box so it 1 s

part of the box. I'm looking at that's where the

cost IS ccmlng frnm.

Q. Separate and apart from this meridian 1 p9rt

charge of $12, does MDAD charge for use of the box,

t he meridian box?

A. Outside of the use of that on this, no, I

don't t h i n k we do.

Q. Mct just on this document b u t nn any -- and

I o n l y want you to answer if you know.

A. OK. I'm not sure. I would have to l o o k at

some other proposals as to the content, what the

customer is asking for. So I would say no at this

pnint, I'm not sure.

Q. Your phone is ringing. Do you need to get

that?

A. Nn.

Q. On this airlines proposal at the end after a

subtotal it has a line for discount. Do you see

that?

A. Yes, s i r .

(2. It says "if applicable." Who determines

whether a customer gets a discount?

A. As there's nothing on there now, at one


PSC 5030

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point when the service was being directly provided by

our management entity if a customer engaged in

long-term lease or long-term contract discounsel

counts were issue? to the entity.

So if they sign a five-year agreement fo r

the provision or to get services from us or from the

entity providing the service they get a d i s c m n t .

But since it's different from that now, so I believe

we are not -- I don't think we are doing it any more. Q. Also there is a line for cable and conduit

i f applicable. What is that for if you know?

A. If w e need to get it to a customer premises

and there are no facilities there, t h e c o s t t o get to

that premise is allocated as well to the customer.

Basically it's if you were in this building

and there was no service and you were on the

penthouse f l o o r there would be a Gost i n c u r r e d to you

t5 bring r n n d u i t to you, to bring service to you

before you could get service. So that's the cost

that's associated.

Q. Essentially in this prnpnsal it is fair to

say that there's a charge f o r everything that's

associated with providing telecommunications service

to your customers, correct?


PSC 5031

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A. Yes, sir.

Q. The bottom line is that your

telecommunications business has a goal of increasing

its Frofitabillty and making mnney f n r t h e cnunty,

correct?


A . Y e s , sir.

Q. And so it behooves you and your entity to

charge the customers for all of your costs and

including marking up all of those costs to an

appropriate profit percentage, correct?


Q. You can answer.

A. To what -- yes.

Q. I mean, in fact, it is your goa l to grow

this telecommunications business to reap revenues

f o u r , five times what it's presently making in the

years 2003, 2004, cgrrect?


A. That's speculation. I never looked at it

that way.

Q. You have never contemplated growing t h e

business multi-fold?

A. To make it four, five times, no. We IcQked

at making suxe that we provide a service and we


PSC 5032

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maintain that service.

It's offered and if an entity wants it.

What we looked at primarily is to let our customers

kncw, nr pntential custcmers, that we a r e on the

airport facility and we could provide this. It's up

to you whether you opt to use it or not, Gut if you

clc yrsu're a customer and if not no.

looked at to grow t h i s five, ten fold.

that much money off it to my knowledge in comparison.

But it's nnt

I don't make

Q. Are you saying under oath that you have had

no knowledge or discussion about growing t h e revenue

for your telecommunications facility three, four,

five f o l d over the years?


A. No, sir, not growing it three, four, five-

fold.

Q . Let me show you what we'll mark as MJ25.

(TWQ e-mails, Warner tn Jenkins and S t n u t tlr?

Jenkins, marked Exhibit MJ25 for identification)

Q. This is an e-mail, actually two e-mails.

T h e Tom one is from Howard Warner to Lennard Stnut,

yourself and Pedro Garcia. But the bottom one, which

is an earlier e-mail, is from Leonard Stout to

yourself because you are the first addressee, Howard

Warner and Pedro Garcia. And this e-mail reads, and

RRESSE & ASSOCIATES, I N C . (305) 371-7692

PSC 5033

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it i s directed tn p u , correct?

A. Yes, sir.

Q. You are Maurice, right?

A. Yes, s i r .

Q. "Maurice, I think you will like the numbers

in this spread sheet.

about $2.1 million per year."

number. "Future estimates total $15,864,000 per year

present Nextera 1 operations. I would think these

levels could be achieved by t h e end of t h e present

CIP construction schedule. I think we should recast

Maria's document into a shared services tenant report

and include this table in the report then transit via

Bo to the director. Let me know what you want done

Present STS via Nextera 1 is

And I summarized. the

with regards tn the abnve."

A. OK.

Q. Isn't, doesn't this document completely

contradict your sw@rn testimony 15 secnnds ago this

that you have had direct discussions regarding

growing the revenues of your telecommunications

facility not three-fold, not fcur - fo ld , nnt five-fold

but even seven-fold?


A. Don't recall having the discussion.

However, the consultant that sent me back this e-mail

- -


PSC 5034

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with his recommendations, that was his thought

process when he came up with such statements, one.

Two, no t taking into consideration that some

of the services that were provided by Nex%era at the

time are no longer provided, so it cuts into that

dollar amount. And with the CIP ending in 2007 I

dm't see hew we could make $15 million.

I understand what you said here and I go

back to my statement. I don't recall reading this

e-mail. N o w that you are bringing it back to my

attention fine and dandy but this is over two years

ago, so I did not recall.

Q. Well, a couple of questions. Number one,

the e-mail asked you directly about something that

should be sent to the director of the airport which

is three or f o u r levels above you. I mean, in any

organization where you are asked to present

infGrmatlcn to your ultimake, ultimate supervisor and

boss, isn't that a pretty serious issue or important

issue for you to pay attention to?

MR, HOPE: C~bjection to form.

A . Yes, it is, but it still needs to be

validated. This is one consultant's recommendation

or discussion point at the time wherein we were

looking at our telecommunications plus IT operations

PSC 5035

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within the airport. Because if I am not mistaken,

shortly after that, some of t h i s information wasn't

t o t a l l y validated and M r . Stout since left the

airpcrt.

Q. You would agree that growing the business,

increasing revenue at the airport is something t h a t

gets discussed and it is a major 5" of yoars and

MDAD's correct?


A. Generating business, yes, I would say yes-

Q. And to generate business you would agree

that you need to increase your customer base,

correct? 7 7 - A. its, s i r .

Q. And in addition, t o generate more revenue

you could increase your rates that you charge y m r

customers, correct?

A. It's a Fassibility.

Q. OK. And to increase your customer base

you'd agree that MDAD, the airport, would need to

successfully compete with nther telecommunications

companies f o r the customer base that you serve,

correct?

MR. HOPE: Objection tc form.

Q. Strike that. For t h e geographical territory

--_ _ _ _ _ _ _ .


PSC 5036

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that you serve.


A. Yes.

Q. I mean, you would agree that you want t o g e t

as many customers as possible within the territory

that you are providing service to, correct?

ME. HQPE: Objecticn tc fcrm.

A. Yes, sir.

Q. There's no doubt about that, right?

A. ME, there's no doubt about that.

Q. And your territory is Miami International

Airport and its associated buildings and the other

county owned airports, correct?


A. Yes.

Q. Are you aware of any marketing strategies

that have been put in place to m a r k e t and sell your

telecommunications service within that t e r r i t o r y ?

MR. HOPE: Objection to form. .. A. res, si r .

Q. Who produces those marketing strategies t n

affect the territory?


A. Nextera as part of their agreement, thelr

marketing group is charged to do that.

--- .. __ ~ - . .


PSC 5037

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Q. Who is Leonard Stout?

A. He was a consultant with one of our

management companies.

12. Which management ccmpany?

A. Dade Aviation Consultants.

Q. Who is Howard Warner?

A. He's a special projects administratQr that

works for me.

MR. GOLDBERG: Let the record reflect that

Mr. Tubaugh is leaving the room as he needs to

catch an airplane.

A. I wish him well.

Q. Who is Kendric): Kouts?

A. He's one of my project managers overseeing

some of my other IT related business systems for the

airport. Works f o r DAC as well. He's a Dade

aviation consultant employee.

Q. What was Leenard Steut charged with and why

was he charged to come up with this projection?


MR. GOLDJ3EP.G: Y e s , thclse are two questions.

Q. So let me ask you this. Why was Leonard

Stout asked to come up with these projections?

A. I ' m not sure. He was asked to do sQme level

of forecasting. H i s original scope of work when he

___ . - - - - -_____ .. ..- - - --


PSC 5038

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came on board with the department was to come and

evaluate and l o o k at the design/implementation of a

work order management system for t h e airport in

addition to some additional IT related duties.

Q. I will show you what has been marked as

MJ26. Do you recognize that document?

A. No, sir.

(Invoice marked Exhibit MJ26 for

identification)

Q. Have you ever seen a documsnt that locks

like this before?

A. No, sir.

Q . T h i s is ARBGS let me ask you, does it s t a t e

on t h e document i t ' s an invoice?

A. Yes.

Q. And it appears to be an invoice from the

Aviation Department Metropolitan Dade County MIA to a

particular customer the name of which has been

blacked out, correct?

A. Yes, sir.

Q. Are p u saying you are not familiar with the

form of the invoices rendered by your


A. That is rendered by t h e finance department,

not by my telecom facility.


PSC 5039

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12. And is this rendered by the finance

department of the county?

A. Of the aviation department.

Q. Of the aviation department. What's the full

name of the aviation department?

A. It's the Miami-Dade County Aviation

Department . Q. What's the purpose of that department?

A. We own and operate Miami International

Airport and general aviation facilities.

Q. Let me show you what -- Does the finance department of t h e aviation department handle a l l

billing to your telecommunication facility's

customers?

ME. HOPE: Objection to f o r m .

A. I believe so, yes.

Q. Could you t e l l me when you l ook at this

cil=lcUment, MJ26, what is included in the 81.75 that's

being billed where it says "missed charge monthly

rental for telephone and maintenance"?

A. What's included in it, it's monthly rental

for the telephone and the hand set itself as well as

t h e maintenance that goes along with that to deal

with our customers if they have a prQblem. Sn that's

from the hand set to the port that leads back to the

. -. . . . . _ _ ..-. . -- . -. . -- -


PSC 5040

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PEA.

Q. Is access billed in this invoice?

A. Access to?

Q. Well, we have talked about network access,

t a l k e d about switch access. Are any charges included

on this invoice f o r those services?

A. I’m nnt sure. I wnuld need to look at the

detail that may have come along with it.

Q. Let’s try another example. Let me show you

what I will mark a s MJ27.

(Invoice marked Exhibi t MJ27 f o r

identification)

The first page of this document is another

invoice s imi l a r to MJ26, correct?

A . Yes, si r .

Q . You want i t t a k e a look. T h i s amount is for

$85.75, correct?

A. Yes.

Q. Dated July 1, 2002, correct?

A. The t o t a l amount is $91. The f i r s t item you

are talking about?

Q. You are right.

A. 85.75.

Q. And the sales tax is 5.57 fnr a t c t a l of

91 .32 , co r rec t ?

--. - - - -. - - - _ _ _ .


PSC 5041

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A. Yes.

Q. And if you turn to the second page of this

composite exhibit. This a form that also is entitled

Miami-Dade Aviatinn Department standarized form. Who

produces this form?

A. I believe it's -- I'm not sure. It either

comes frcm us Or cnmes frnm Nextera. I bel ieve it

comes from the department.

Q. From the department, aviation department?

A. Yes, sir.

Q. And you see that t h e amount on there the

total, 85.75, equals the first line item on the

previous invoice?

A. Yes, sir.

Q . And then if we go to the third document,

that is a contract invoice that has Nextera 1's logo

on there, that also is for rental monthly of 85.75,

the same amnunt- that we have seen on the prior two

documents, correct? ,. A. Les, sir.

Q. Does Nextera 1 complete or make t h i s

document, the third page?

A. Yes.

Q . The 85.75 in this instance fcr t h i s Customer

during the month far service during the month of May


PSC 5042

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because it says billing period f r o m 5/1 to 5/31/02,

is made up of t h e s e three line items, c o r r e c t ? .. A. xes, sir.

Q. MeridIan 1 port, y ~ u had previously

testified that that was a line that went back into

the meridian box, correct, or that's actually a port

in the box?

A. Yes, sir, that was the statement I made.

12. How many ports are in a meridian box?

A. I think 256 but I'm not sure. I dm' t know.

Q. Not s u r e . All right. And here, they are

charging fclr four port-s. What does t h a t mean?

A. Fcur ports I believe would he four hand

se ts . I'm not s u e . Unless they are using -- w e l l ,

the f o u r Fcrts, they have f o u r access p o r t s that

c o u l d be used either one for fax, one f o r a phone,

two other ports for data if I'm not mistaken.

would assume that tc be that.

I

Q. Below it h a s single line access and I th in) :

before yoii testified you don't know what s i n g l e l i n e

access means?

A. No, sir.

Q. Do you have an esplanation why you would

need two single line access when you have fcrur

meridian 1 ports?


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A. No, sir.

Q. What's a 2500 set on t h e third line?

A. I believe that's a hand set but I'm not

s u r e . It's a tplpFhCinp, I believe, but I'm n o t s u r e .

Q. So i f there's four meridian 1 p o r t s are w e

saying according t o your- testimony here t o d a y that

there's ftmr lines t h a t have dial tone?

A. That i s a p o s s i b i l i t y .

Q. Do you know t h a t for a f a c t ?

A. For a hundred percent certaln, no, I dn nct.

Q . L s t m e show you now what I'll mark as MJ28.

This is also a composi te exhibit. And you correct me

i f I a m wrong but j u s t f o r the record this a

Miami-Dade County Aviation Department STATS billing

f c l r m fnr the period dated March 29, '02, correct?

A. Yes.

Q . For a billing period of Februa ry 7 through

March 6 of ' 0 2 , mr rec t ?

A. Yes, sir .

(MDAD billing f o r m marked Exhib i t MJ 28 f o r

identification).

Q. The amount in t o t a l is $689.59, correct?

A. res, s i r .

Q.

- -

Let's go t o the n e x t sheet in that e x h i b i t .

T h i s again is a Nextera 1 document, correct?

- KRESSE & ASSOCIATES, IIJC.

( 3 0 5 ) 371-7692

PSC 5044

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A. Yes, s i r .

Q. And t h e coverage s a y s "full serve." What

does f u l l serve mean?

A. I ' m assliming f u l l s e r v i c e . I ' m not SULP

what d e f i n i t i o n s , t he acronyms are .

Q. On tfiis k l i l l you a re c h a r g i n g f o r 28

m e r i d i a n 1 ports . Hcw i s t h a t c r why is t h a t ?

A. I t depends on t h e customer and t h e

r equ i r emen t s of t h e cus tomer . I d o n ' t know u n l e s s

kncw what t h e cus tomer i s and what t h e y have a sked

f o r .

I

Q. Then t h e y a r e cha rged fo r advance f e a t u r e s .

I want t o t a l k to you about advance f e a t u r e s , c a l l

w a i t i n g , c o n f e r e n c e c a l l . I s t h a t someth ing t h a t

your te lecommunica t ions b u s i n e s s p r o v i d e s as a

service t o your cus tomers?

MR. HOPE: O b j e c t i o n t o f o r m .

A. Yes, s i r .

Q. And do you c h a r g e f o r each p a r t i c u l a r

f e a t u r e t h a t t h e cus tomer orders?

A. Y e s , sir.

Q. So there would be a charge f o r call w a i t i n u ,

there w o i i l d be a c h a r g e for c o n f e r e n c e c a l l i n g , a

charge f o r ca l l fo rward ing?

A. Sometimes t h e y are bundled. Most of the

-


PSC 5045

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times they are individual items. They would be

billed as individual items. Also, including like

voice mail.

Q. And thnse aze features or services that you

and only you, I mean MDAD and only MDAD, billed and

provided to your customers, correct?

MR. HOPE: Objectinn tn fnrm.

A. Y e s .

0. And you recognize that carrier such as

BellSouth or Worldcom cr o t h e r t e l s c o m u n l c a t l o n

companies also provide these features as well to

their customers, correct?

A. I know BellSouth does. I'm not sure if

Worldsom offers it.

Q. B u t at l e a s t BellSouth does, correct?

A. I use it at home.

Q. What's rotary system access?

A. I'm not sure.

Q. What are the items depicted as M208HFD and

M208B and M208D on this document?

A. They are products. I would have to look

into our inventory and what we have to t e l l you

exactly what those individual items are.

Q. Your telecomunicatlcns rempany a l s h has and

o f f e r s voice mail to your customers, correct?


PSC 5046

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A. Yes, sir.

Q. And that's depicted on t h i s bill as w e l l ,

ccrrect?

A. Y e s , sir.

Q. That's a service that other companies such

as BellSouth provide t f z its custcmers, ccrrect?

A. Yes, sir.

Q. Then if we can go to the next page, can you

t e l l me that this document is?

A. I t ' s a c a l l detail t h a t we -- it's a call detail of t h e phone --

Q. Who produces this call detail report?

A. We have the ability to do it, we being

within my telecom unit we have access t o a device

that we can run calls through, incoming calls and

outgoing calls.

Q. S n cines this call detail, is it limited tn

local calls Or long distance calls or both?

A . Na, there's no limitation. Every number

that a phone dials, there's a detail w i t h regards to

that phone call, the number -- I'm s o r r y .

Every number that you dial from a hand set

at the airport outlines -- t h a t data is captured in

regards to the time of the call, where the call was


PSC 5047

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made to and the duration of the call.

Q. So whether it's l o c a l , a local c a l l or a

long distance call, your telecommunications company

tracks that call, times that call and can charge for

that call, is that correct?


A. NQ, sir.

Q. What's incorrect about that statement?

A. We l o o k at -- we analyze that and see what

calls w e r e made. It's available, but we are nc?t

charging f o r t h e calls. We use it fo r several

things.

County staff when they use our phone system

calling Information if it is not for work and

personal use that money is due back to the county

because they are using it for personal use.

If you use our phone system to make a l ong

distance phcne call to call a family member or friend

in another city or another country and it comes up in

our reports t h a t money if it is a personal call is

due back. There's a county ordinance against misuse

of county property --

0. Let me interrupt. For county employees?

A. Yes. For our custcmers we outline that if

their c a l l s that are made that are not part of I

- - _ _ __ . . ._ - . . .

RRESSE & ASSOCIATES, IWC. (305) 371-7692

PSC 5048

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guess the standard service that you are being billed

for, if it is long distance or calling Information

and there is a fee for it, that fee is passed to the

customer to pay.

Q. This bill is not for a county employee,

correct 3

A. Nc, it's -- nc it's n n t .

Q. So your explanation about charging an

employee f o r a call to Information or if it was

personal doesn't fit this document or a rcsascn why

it's charged here, correct?

A. No, it doesn't.

Q. OK. What we see here, do we not, is MDAD

charging for a local c a l l ? 305-555-1212 is

information, correct?


A. T h e useP called Information. That cost that

the user -- that was incurred for making that, call

was passed to the user.

Q. Is it your testimony that MDAD incurred

$1.40 charge for that call that was placed to

Information 305-555-1212, is that your testimony?

A. February 18 of 2002 that's the cost that -- yes, sir.

Q . How do you know that that's the cost?

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PSC 5049

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A. I don't know what the rate is for calling

Information. I would have t o go back and l o o k and

see but I don't know what the cost of calling

Information is.

Q. Do you ever call information from your home

at any time?

A. I try not tG.

Q. When you do do you get charged for it?

A. res, sir, I believe so. Yes, sir, I do.

Q. Have you ever s e e n a charge f n r $1.40 on

..

your bill f o r one call to get a phone number?

A. Not t h a t I recall.

Q. Wouldn't you agree common sense, prudence

and our life's experiences here in Miami t h a t $1.40

is not t h e cost -- MR. HOPE: Objection to form.

Q. I'm n o t done with my question. T h a t $1.40

is nnt the rest of a call to Information?


A. I don't know what the c o s t is f o r calling

this number in comparisnn tn let's say 411.

Q. Notwithstanding whether $1.40 is the cost or

not, the f a c t remains, does it not, that you are

charging a customer for a l ~ a l phnne call, cnrrert?


- .-. .-- - - .- - - - .- - -- - -- - - - - --_ KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 5050

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Q. That's a yes-or-no question.

A. IJo.

Q. So it is your testimony that that document

does not indicate that you are charging the customer

for a local phone c a l l ?

A. No -- yeah, that's my statement to you.

Q. O K .

A. That's an office --

Q. Let me ask you this. If a customer at the

airpcrt picks up his ph'3n5, dials 305-555-1212,

explain to me technically what happens with that

call, where does it go and how does it get answered?

A. From a pay phone?

Q. No, one of your clients, customers at the

airport, this customer, for example, this customer at

the airport p i c k s up his phone and dials

305-555-1212. How does that c a l l get placed

technically?

A. Like any other phone call. It's picking up

t he phone, he's dialing the ten digit number, nine

plus the ten digit, nine f o r the outside l i n e ,

dialing the ten digit number, gets run through the

PBii . Q. Your PBX, and goes through the BellSouth

switch and to its location. This 555-1212, it is a


PSC 5051

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service that you are paying for. S o it's b i l l e d as

such. What you just described is a call that travels

en your system to your PBX, then g e t s routed out on

to t h e BellSouth system to wherever the 305-555-1212

is, correct? I 7 A. ies, sir.

Q. And that's a local phcne call by your

definition during this deposition, correct?

..- A. res, sir.

Q. And here, this is evidence that you were

charging for that loca l phone call, correct?

A. No, sir. i'ou are being billed. If I dial

9-411 from my phone, if I dial 9 to get outside line

and then 411 for information, I am billed for calling

information.

And 555-1212 is Information. You are

getting bill for calling Information, not for- making

a local call.

Q. What's the difference between making a l o c a l

phone call and making a local phone c a l l calling

Information?

A. Because if you picked up the phone and you

dialed your o f f i c e , my cellphone, this would not

appear on here. You don't charge people to call you.

Q. BellSouth doesn't charge in this instance

- __ . - - _ _ _ -~


PSC 5052

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anything for this phone call, correct?

A. I don't know that to be true.

Q. Do you have any fac ts in your knowledge base

t o s u g g e s t t h a t t h e y dn charge?

A. I believe I've seen it in the past in which

people who have called that number, I t h i n k 555-1212,

is like n a t i m w i d e information. But I know f o r a

fact if you are dialing standard information of 411

you do get billed for it.

0. Are you suggesting here today that the $1.40

is simply the cost that you are billed for t h i s

informational call that you a re hilled from whatever

the information service is, i s that what you are

testifying to?

A. I believe that to be true, yes, sir.

Q. Do you have any facts or s p e c i f i c knowledge

t h a t would support your belief that that's true?

A. Ne, sir.

Q. Let me ask you to flip two more pages to the

Nextera 1 document almost towards the end.

A. Twa pages?

Q. Two more pages. Keep going please, I'll

show you. That document right there. If you go down

and t h i s i s ancther item sayings for the bill. If

you go down f o u r entries it has single line local


PSC 5053

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network access.

A. Yes, s i r ,

Q . We. t a l k about t h a t a couple of t i m e s and I

know ycu testlfld ynu dcn't knnw exactly what t h a t

i s b u t l e t m e a s k you a different q u e s t i o n about i t .

If I could ask you to, if you don't mind me

reaching '3ver I could maybe help you on a prier

e x h i b i t --

MR. HOPE: 2 6 and 27 were t he prior bills.

Q. Do you have 27 in f r o n t of you?

A. Yes, sir.

9 . Why d o n ' t you t u r n t o t h e last page of 27

and compare i t t o the page we were at on 28.

E x h i b i t 27 i s i n v o i c e from May of '02 and

E x h i b i t 28 i s an invoice f rom February of ' 0 2 . Do I

have t h a t c o r r e c t ?

A. Y e s , s i r .

Q. Qn Exhibit 28 t h e l i n e d e s c r i p t i o n is s i n g l e

l i n e l o c a l network access. Y e t on 27 t h e description

i s s i n g l e l i n e access. The word local is dropped.

Can you e x p l a i n to me why that IS?

A. No, sir. Could be typing, clerical. No, I

canno t . Don't know.

Q. L e t m e show you what I'll m a r k as M J E x h i b i t

29.

- ~ _ _ - _ _ KRESSE & ASSOCIATES, I I JC .

( 3 0 5 ) 371-7692

PSC 5054

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(Invoice marked MJ29 for identification) . Q. This is a composite exhibit w h e r e the first

document is a similar STAT standarized billing form

dated September 18, 2n02, mrrect?

A. Yes.

Q. A n d the total is $207.23, correct?

A. Yes, sir.

Q. If we could ask you to flip to the second

page where it says Nextera 1 itemized bill. And then

I am going to direct you to go further, if I c o u l d

a s k you to keep going and I'll stop you on a

particular page that's not marked. It's at the top.

It's a detailed bill, STS detailed?

A. ABS within the l a s t month'?

0. Actually, the nimber at the bnttnm

right-hand corner is 9358.

A. Fage 3. Got it.

Q. What is this document?

A. It's -- these are bills. Well, it's call

detail for a c u s t o m e r based upon h i s p h o n e , his phone

number.

Q. Is t h i s long distance detail or l o c a l or

w h a t ?

A. This is, whatever is deemed to be long

distance out of our calling area. Long distance


PSC 5055

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international calls that, were made.

Q . So this would be a l o n g distance document,

correct ?

A. Lon3 distance international c a l l s , y e s , si r .

Q. Do you mark up long distance charges?

A. No, s i r , we do not.

Q. What 1 s the authorization C ~ P nn the

right-hand side?

A. Well, some of our customers, depending on

who they are, mostly carriers are given authorization

codes or access codes to allow them to make l o n g

distance ca l l s and international c a l l s to avoid

misuse, abuse, fraud, and so forth.

Q. Understood. Since we noticed this

deposition for local service, I won't ask any more

questions about that document. So you can put that

aside. We'll save that for another day since the day

is getting shnrter naw.

MR. GOLDBERG: David, what I think I am

going to do is take a five-minute break and see

what else I have. Is that with you?

MR. HOFE: That's fair.

(Recess)

Q. Mr. Jenkins, are you ready to Continue with

your deposition?

_. _ _ - . . - - .. - . - _ _ .. __ - .. . -- . - - .

KRESSE &. ASSOCIATES, I N C . ( 3 0 5 ) 371-7692

PSC 5056

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A. Yes, sir.

(2. Let me just ask you this. Is MDAD or the

county providing any form of telecommunication

service at ether cnunty cwned airpor%s aside from

MIA, because we have talk about MIA extensively hrl.re

today?

A. Are we providing any nther telce service?

Q. Yes.

A. To customer -- I'm s o r r y . To staff or to

customers or STATS customers?

Q. Let me rephrase it. Is MDAD and the county

providing any form of telecommunication service at

other county owned airports other than MIA?

A. Yes, sir.

12. First of all, let me ask you, are you the

best person to question about the telecom services

being provided at other county owned airports?

A. It depends on what the questions are, b u t

yes, sir.

Q. What services are being provided at the

other county owned airports?

A. Their telecom services to aviation

department staff that have offices or facilities at

t h e c o u n t y owned airports.

Q. Is this a subject matter that you e-mailed

- - ___. _. . -. . . _ _ _ _ KRESSE & ASSOCIATES, I N C .

( 3 0 5 ) 371-7692

PSC 5057

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Pedro Garcia about or you asked Pedro Garcia about to

which he responded in e-mail form?

A. I did inquire about that, y e s .

U. Would you agree that Pedro Garcia i s best

s u i t e d to testify about that service at other county

owned airports?

A. I'm nct sure. When he p s e d -- well, I'm

not sure, reason being when I posed the question to

him he said let me go back and get back with you.

Which means he did nnt know offhand, which means he

had to go look for the information as well.

0 - Do you know where he got it from?

A. No, sir, I do not.

Q. A f t e r some discussion with Ms. Liebman, l e t

me ask you this question which may clarify things.

Is MDAD or the county providing

telecommunication services to tenants at other county

cwned airports other than MIA?

A. No, s i r .

Q. So the telecom services are being provided

at the other cnunty owned airports are only to

internal county employees and/or staff?

A. Yes, sir.

Q. And j u s t for my edification, what t y p e of

services are going to your own employees or staff at

. __ . . - . .. . - - - . . - - - .. . _. - - . - . - . - -

RRESSE ts ASSOCIATES, mc. ( 3 0 5 ) 371-7692

PSC 5058

Page 192

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the other county owned airports?

A. They have hand sets, they have phones,

standard telecommunications, voice and data, network;

they have the whole gamut n f services that we have at

the airport.

Q. Are they connected to you via e-mail?

A. Yesl sir, t hey have access to e-mail, access

to phones, access to voice mail, access to the

network to send and receive e-mails in addition to

access, computer applicaticns if necessary to dn

their jobs that may not be stored or available

lccally at t h e GA.

Q. Am I correct in concluding that there are no

commercial tenants receiving telecommunication

service frnm MDAD at the other county owned airports?

A. Yes, sir.

Q. Are there any commercial tenants at the

other county owned airports?

A. Yes, sir. We have what's called our fixed

base operators conducting business.

Q. Airlines and such. Let me ask what are

fixed base operators?

A. A flight school is a fixed based. A

concessionaire at an airpcrt at T a m e Amy is a

concession owned operator.

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PSC 5059

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Whatever else is out there, (:pa Locka. Any

other f a c i l i t y . I think there i s a jump school at

Homestead General. You have those things that are

sitting out %here.

Q. Why doesn't the county or MDAD provide

telecommunication service to those commercial tenants

at the nther county cwned airprts?

A. Don't know. I guess we haven't gotten

around to either- discussing or asking.

Q. A r e you aware of any p l ans to do that?

A. I haven't had any discussions with my guys

about i t y e t .

Q. When you say your guys , have you had any

discussions with anybody who you report to about

that?

A. Oh, no, sir.

Q. Who does Angela Giddens report to?

A.

Q. A.

Q. A.

Q .

A.

Q-

Cnunty manager.

Who is who right now?

Mr. George Burgess.

Hnw long has he been t h e county manager?

He j u s t came back. I'm not s u r e .

Recent 1 y?

Yes.

A r e you aware of any discussions with the

PSC 5060

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c u r r e n t county manager with r e s p e c t t o t h i s l a w s u i t ?

A . No, s i r .

Q. Are you aware of any d i s c u s s i o n s with t h e

p r ior cnunty manager w i t h respect to this l a w s u i t ?

A. No, sir.

Q. A r e you aware of any mee t ings t h a t have

t a k e n p lace r e g a r d i n g t h i s l awsu i t t h a t ycu have n o t

been i n a t t e n d a n c e a t ?

A. N o , s i r .

Q. Would you expect t o be a t any m e e t i n g where

t h i s l a w s u i t was d i s c u s s e d ?

A. I guess it depends . I ' m not sure i f I need

t o a t t e n d . I d o n ' t know.

Q. Why did t h e coun ty e n t e r i n t o t h e

t r a n s a c t i o n it d i d i n J a n u a r y of 2002 t o pu rchase t h e

assets of Nextera?

A. I t was, i f I r eca l l p r o p e r l y , based upon an

a u d i t and a revlew by c o u n t y a u d i t o r s , as w e l l a s

t h e r e was a n i n d i v i d u a l t h a t came from t h e police

depar tment t h a t w a s there t e m p o r a r i l y , I believe it

was Tom Arnold, t h a t locked a t processes f rom law

enforcement and looked a t processes and looked a t t h e

agreement and o ther t h i n g s and s a id i t would be i n

t h e c o u n t y ' s best i n t e r e s t to buy c u t and cIwn and

operate r a t h e r than t h e e x i s t i n g way w e were doing

-- - _ _ ____ . -- . . . -_ - - -. . __ - .. . _ _ _ KRESSE & ASSOCIATES, INC.

(305) 371-7692

PSC 5061

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business a t that time.

Q. What was the existing way that you were

doing business at that time?

A. It was a managed services agreement in which

Nextera provided the service, did the billing and

operated, supported the MDAD vo ice network or voice

system, vnice netwnrk as it s t m d and they managed

and operated, and there's a management fee.

There was I think a percentage of the share

tenant revenue that came back. Whatever was

generated came back to the department.

Q. So before Janua ry 2002, Nextera owned and

operated the telecommunications facility, correct?


A. They owned it. They operated it under a

management agreement with the department, yes , sir.

Q. And then after January of 2002 the county

nwned and nperated khe facility, correct?

A. The county owned the facility and we

contracted to have someone operate it f o r us.

Q. But aren't we saying the same thing. If the

county is operating the facility after 2002, albeit

through a management agreement, the county is still

operating the facility?

correct?

You are cperating it,

-- -- ._ __ __ . ___ - - - -_ - - - - . -. - - _-_ - -. -. - . -. . - __ KRESSE & ASSOCIATES, I I JC.

( 3 0 5 ) 371-7692

PSC 5062

G

7

8

3

10

11

12

15

16

1 7

18

19

20

2 1

r ) ? A&

2 3

'4

25 0

~ ~~ ~ ~ ~.

A. W e are s t i l l operating it , yes.

0 . There i s no dispute about the f a c t that you

are operating it, correct?

A. All right.

Q. And you weren't o p e r a t i n g i t b e f o r e Janua ry

2002 because Nextera was?

A. Y e s , s i r .

Q. There's no dispute about t h a t , correct? 7 , A. r e s , s i r .

Q. Meaning t h e r e ' s no dispute, you a g r e e with

m e , r i g h t ? S o r r y . Ylsu do a g r e e with m e , t h e r e is to

dispute, right?

A. I concur with your l a s t statement.

Q. Thank you. I appreciate that.

MR. G0LDBER.G: No fur%her questions.

Mr. Hope.

MR. HOPE: None.

MF.. GOLDBERG: Y o u have a r i g h t after every

d e p o s i t i o n once the court reporter prepares a

t r a n s c r i p t , i t i s your right t o e l ec t t o e i t h e r

r e a d the transcript t o make s u r e t h a t i t ' s

accurate o r to waive reading of t h e transcript.

I'm s u r e Mr. Hope --

ME?.. HOPE: We want tQ read.

MR. GOLDBERG: H e has said you are going to

- .. . ..


PSC 5063

Page 1 9 7

1

3 L

3

4

5

6

7

8

9

10

11

12

13

14

1 5

16

17

18

19

20

2 1

22

2 3

24

25

read.

(Deposition concluded at 5 o'clnck p . m . )

MAUF? I CE JENK I PI S

Sworn t o and subscribed befnre - me this day of , 2 0

Notary Public in and for the State of Florida at Large.


PSC 5064

2

3

4

5

6

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8

9

10

11

12

13

14

1 5

16

1 7

18

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20

2 1

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2 3

24

CEP,TI FICATE OF NOTARY

STATE OF FLORIDA )

COUNTY OF DADE 1 SS

I, MICHAEL J. D'AMATO, a Shorthand Reporter and

Notary Fublic in and for the State of Florida at Large,

do hereby certify that I did repnrt in shorthand the

deposition of MAURICE JENKINS, a witness called by the

Plaintiff in the above-styled cause: that the w i t n e s s was

f i r s t duly sworn by me; that the reading and signing of

the deposition were not waived by the witness; that the

foregoing pages, numbered from 1 to 137, inclusive,

constitute a true record.

I further certify that I am not an attorney 01

counsel of any of the parties, nor related to any of the

parties, nor financially interested in the action.

WITNESS my Hand and Official Seal this 17th day of

August, 2004.

MIC 1 AEL J. D' TO, P,MR Notary Fublic State of Florida My Commission # DD 1044542 Expi re s June 13, 2008

PSC 5065

Page 199

A Abagail56,21 ability 71 2 0 73,l

76;20 91;17 101:14 104:14 1054 11324 1521 180:14

able 15:8 35:19 37:15 7 5 5 6 7620 78: 15 79: 8 X S 93:lO.tl 942.4 96:18 103:18 104:6,1! 1M-16 108:17 1 m 1 9 111:8 11793 128:l-C 132.14 14520 154.15 1596,lC

11:16 12-20 19. 22:7 2416,202 27:1428;11 30: 30;ll 31;15 36;! 36:12 39;15 43;: 43.5 4322 52.1( 53.24 5615 59.: 62.4 74:8 84-9 86.15 87.9 91.11 91.15 92.1.8J.1 9222 93:1,5 103:3 105:9,12 107:3 1 lO:lO,ll 110:20 119: 11.1. 120:7.12,24 131:ll 134:ll 1369.15 137:s 140:9,10 143: 14 14322 147:1? 149:l 151:7,19 152: 1 1 159.25 160:12 166:Il 167:7 168.14 1709.10 174*4,S 174.21 178.13 181:s 182.8 187.. 1875 189:16 190:5,16 191:1,1 191i3.5 193:12.11 1%;2.8

,bove 15515 167.15 168~16

above-styled 198~11

ABS 188.14 absent 10 I .2.6 absolutely 65: 18 abuse 189: 13 accepting 13623

about 8.19 9.23

. -

access 159 68-21 6R22 76.13 97::

103.17 104.10,l 104*18 105*3,6,( 105% 15,15,20.i 105m25 106:320

1075.13.1 6.18.1 107:25 1Ok4.10

112:5.5.6.7 113:' 113.20,21.25 131:23,23 1301, 141.18 153.18,1! 15321 155:7,12 155:19 156:l 158:2.3.13,14.24 159:3,4,7 1601,: 160:5.14 1749.3 174:4.5 176.15,l 176:21,24 179:li 180:15 187:1.19 187.20 189:Il 102.7,7,8,8,10

iccessibility 74: 19 108: 1

iccording 79.21.24 81:lO 84-14 €455 85:17 134.8 146:16 156:17 177:6

99:e 103~1~,11,1

106:24,24 107; 1

10s: 13 110:24,2~

ccuracy 69: I ccurate 13:149:1: 65:lS 6836 722 119:16 129:18 196:22

ccurately 12.1 2.121 119.12

ccusation 58.16 cbieved 1 67.10 cronym75: 12 cronyms 178:s cross 124:ll ct 13:13 :tion 198:18 :tivelg 11 6 2 3 :tivities 118:18 :tu& 139:ll itually 26:23 28:7 50:13 67-15 116.24 117*16,21 13291 137.25 145.8 146.20 176.6 188.15 Id 153:9 Idition 169: 15 172:4 192.9 _- __

additional 4921 172:4

address 19: 10 47:17 52.13 147:

addressed 8 4 39.4 addressee 166.24 addresses 95:8 addressing 148:2 1 adds 155: 1 1 adjourn 89:24 adjustments 47.9 administration

13:24 194 28.19 administrative 19:i administrator

admit 621 7 admitting62:lZ adopted 45: 19 advance 178:12,13 advice 5 2 2 5 advise 5 123 idvocate 7.3.9 iffert 170.22 iftidavit 3.7.9 665

66a7,10,22,24 67: 1 1 68:IS 69.9 69- 13,20

tUirmative 61 -20 61.25

ifter 9:20 105 3 1:9 42.18 44:21,25 45:14 46:11.20 47:7.23 1k2.18 50.45 57.3 58.12 65.5 143.19 148.13 163:19 169.2 191:14 195.17,22 196:18

fterwards 42: 15 gain 5:l 6:lS 10:14 33:18 47:3 51:12 5 8 5 59:l 68:18 70:13 7124 8753 90:4,16 9425 95:6 96:Il 1049 1115 12221 133:11,13 13314 138.1 1 154.20 157.2 177:25

gainst 39.4 41 :4 58-15 181.21 ;o 67:U 135.20 141:21 147:25,25 148~10 167:18 168:12 Fee 37.25 39:ll

171.7

- _- . . . .

39-18,21 5393.7 645 77:24 78.3 85.7 87:2,18 89.24 90.1 99.7 102: 19 1 10: 19,2 I 111:12 112:3,9 116:3 125.1.8 127:22 136:24 155~21 156:3.13 156:23 1695.11 16920 170:4 183:13 191:4 196:lO. 11

agreement 3.10 45.1.24 46.23 48:5,11 49:5 50:6 50:19 5S:S 103:6 103:7 106:9,11 107:17.24 108:Zl 110:23 1124 118:7.8 13194 15221 158:7,9 1635 170.24 19423 195:4.16 1 %:23

sgreements 68.13 109:6,11 128:24 13215

igrees 106:18 ibead 26.6 58:l

107:20 12518 134:24 136:6

IU 82:2 hirline 625.6 84.4

84.6 illines 16: 19 82: 1

157:23 158.2.13 163.19 192.21

iirplane 17121 iirport 3:104:19

10:15 11:2,11,16 1123 13:5,12 1522 16:10.15 17:6 19:5.10,11 20:8,10 212.3 23.12 2425 2519 * 77.13 35.2 37.17 37:23 38.1,8,16 38-21 39:15,23 40.3 42:174$:1S 48.4 S0818 52.13 52.25 53:14,24 54.9 56.18 57.12 60:2,14 67:13 68:4,7 70.24 71:21 72:2178:7 78:19 79:12 S0:3 81:12.14.19 S2:2

82:3.20.23 83.1 1 83-16 84.13 85:s 93*2,6,10,12 94:10,11,21.23 96:9 984 9992 99:23 101;20 1035 105;13 106:3.9.12.23 108:20 109:2.1 I 110.22 112:20 115:12.13,16,22 116:8,12,15 117.: 117.5.13.17 118.10 1198 120:s E l : 3 122:5,20,23 123:L 113: 19,20,23.24 12423 125:2,12 115:17.21 116:4.; 126:8.22,?2 118:l 128:22 129:20 13 1:4,18,22.24 13212 141:15 1437 145.14 14615 147r3.14 148:25 158.7 161-11 166.5 168:15 169*1,4,6 169.20 170: 12 171:16 172:3 173:lO 180:24 184; 10.15.16 1925.24

airports 8.7 3220 33.4.6.24 34: 15 170.13 190:4,13 190.17,21,24 191.6,18,21 192,l 192:15,18 193~7

rirport's ?5:9 60:7 llbeit 1342 19522 dlegation 45: 12

52:6.10.13 57:4 lllegations 62:1?

6217 llleged 46:19 50:3 lllocated 137: 17Jg

lllocation 140: 17

lllocations 14!):7,9

164~14

140*21

140:11,13 141.1

JIOW 21:19 75-21 141:25

75;25 769 102.16 105;3 113:8 189;ll

hWed 49.4 113.8

- KRESSE Br ASSOCLATES, MC.

(305) 371-7692

PSC 5066

Page 200

0. allows 15:6 74:16 76.7.10 9h:17 I W 5 145.11

almost 23.20 774 149:9 18620

alongSJ:2 128~9 173:23 1748

already 120;14 alter 32:7 although 6:21

13.13 91112 131.14

always 143; 16 amended 3.6 60;22

60.23 61.6.14,20 62: 10,13,18

America 2 8 American I 6 18 amongst 93: 14 amount3515

136:13 150:9 168:6 174 16,ZO 175:11.18 177:22

amounts 136:9,10 1 2 1 6

Amy 192:24 analogy 1 13:4 analysis 57: 14 5 9 9 analyze 18 1 :9 and rew 29- 6 andlor 129 19

156~18 191:22 4ngela 14: 10

193:17 mother 82;6 94: 11

94:22 96: 1s 9S:S 9S19 111.12 117,13 129:lO 162~19 174:9,13 I 8 1 :19.19 186:24 189:17

inswer3.7 5:15,16 5.24 6.4,16 7:lO 9:12,19,?0 13:17 243 316.19 26:19 3458.9 35:8,12,19 385 5 124 5 8 4 60:6 61: 19.25 627.1 1 6219 63:s 64:20 72: 11 742 8 5 2 85:21 86.5,14

94:2,4 9519 9321 P7,2,4 98:22,24 103.18 1W:6.9 108s15,18 112.25 116A

925.21 9321

._- -- -

11 7.7.8 1 1993 120-9,24 122:16 122.18 l26:23 131:IS 133*1,3 13415 139:12 145:1.2,20 154:l 15415 159.10 162:8,9 163:1,11 165:13

answered 5;12.13 23:23 59.25 62:2 63:l 91.9 1072 184.12

answering 127.19 answers 5.21 9.10

63:5,11,20 65.17 92.10

anybody 17:3 30.2: 31:11 37:1040:1' 49:15 52:4,20 5323 542 56:17 6215 635.7.11 66:11 82:19 83:1( 118:6 131:3 1SO:r 193:14

anyone 10:9 12:22

1 1 5 s 12P:lO

35-21 37.15 J3-ll 45.19 7.525 77.1 12021 12415 l26:ll 128:9 186:l

82.22 83.22 w:5:

mything 3 2 8

m y ~ a y 61;13 mywitere I24:1.24

ipart 162:25 163.5 pologize 59,24

ipparently 108.5

ippear 8:4 10.7

ppearance 8725 LPPEARANCES

p p e m 172: 16 pplicable 1 10: 1 163~23 164:ll

pplication 113 15-9

pplicatians 1419 108.2 192.10

131.8

154.6

160: 14

18524

7.3 -...

pplies 40.3,4 pply 126:7 ppreciate 9: 17 22:24 196;11 - _ . - -

appropriate 89:14

appropriately 38% appropriateness

approved 28.3

16511

90.12

128.4 142.3.5.7 152:6

approximate 46: 12 1207

approximately 202 21.3 22.2.3.6 43:t 46.15 49.12 6591 115.7

22.1 approximating

ARBGS 17213 arbitrarily 15 125

area 20:9 188:25 areas 8:16 10%

1 l : E 19:18 argue l3.5 arguments 90: I 1 irises 89.9 Arnold 19421 arose 57.3 around21:20 193.9 arrangements

rrrived 158.20.24

rscribe 71:15 iscribed 155:16 iside41:2 117:17

189.17 190.4 rsked 6:7 32.17

35.1 37.2,13 60.6 63.12,22 647 89.23 92.49.16 92.19 98.23,25 107: 15,16,23 12O:lO 13L1-7 1483 168:14,17 171:?3,14 178:lO 191:l

1sking14:2 26: 18 30:7 56:l 110:lO 11090 160:ll 16314 1?3:9

ssertion 35- 14 ssessed 139-17 ssessments 139.18 ssets 45,2,15 46.24 48.6.22 49:3 5 0 5 50:20 5 1 ;2 73 :4 115;7 194;16

152: 1

27.13

159:8

spects 89: 19

assign 101:14 assistant2.15 4.13

I3:23 19.3 40% 17 41:17

associated 53-23 5516 10610 138:13 15!4*17 159:7 164:20,23 17O:lt

assume65 12;22 122;17.16 128;14 146:16 156.22 176:lS

assuming 68.23 178.4

assumptions 69.18 Atlanta 124:24 attachments 55 : 8

attend 194: 13 attendance 194:8 attention 46:19

64: 1 70: 17 106: 14 144:17 158:12 168:11,20

attested 70: 14 attorney 2: 15.20

4:14 7:l 9-15 21:25 3&1D,Il 54.7.7.1 6.17 55.23 8 9 11 198:16

attorney's 2 : 16

4T&T 79:25 audit 194: 15 tuditors 194: 18 iugust 1-22 20.19

20.24 30.13,24 3 1:5,6,6 56.4 8922 198:20

ruthorizatioo 189:7 189:lO

kuthorized 4820 49:3 6 7 2 5

wailability 75:8 ivailable 88:3

1135 128:19 181:lO 192:ll

iviation 3 2 0 8.23 14*3,8 15:17 33:6 33~934:17,1s.20 404,8 57:20 73.12 75.4 95:3,4 97:13 104:20 106:23 15722 1715.17 172.17 173:3.4.5.6.10.12

106:ll

55;25

. - - - _. -

175:4,9 177.14 190.22

avoid 189.12 awarded 49.19

awarding 67:20 aware44:13 4624

50:3.16 51:6 52:s 59.9 62:15 SE24 96:7 11610.13 147:1,7.11.16,1S 148:3 150.24 1519 170.16 193.10,25 194.3.6

1284

a m 1.22

B B 2:6 3:l 10417 Bacardi 122: 7,s. 13

12222 125:1,8 130:2,8

bachelor's 28: 18 back 14.16 20-4,11

21:9 22.2 24.4.17 28:8 32.21 -16.23 3624 37-3.7 40.2 42-23 43.1 45.6 45.20 46.2 47.3.5 48,19 53:23 54.3 57.7 58.13 61~22 M:2 1 65:49.15 66:25 70.5.9 71:3 85:25.25 86-18 92.3.25 93:18 96.12 97.23 98.1 1 98.12,17,21 99.2 107.2 109 25 113.15 122.21 127:6 133.24 13425 138:7 141:14 1423 145: 13 146: 10 149:4 155:7 156:13 159:17,10 16011J5 161:l 161-16 1623.9 I6725 168:9.10 17395 1765 181:15.21 183.2 191-9,9 19322 195:10,11

background 50-15 150.5

Backing 39:7 3acks 161,6 Bailiwick 127:1,10

127,lO Baker 14.6.7 19.13


PSC 5067

Page 201 ~ _ _ _ _ _ ~ ~~~

192 1 balance 151:ll Ballton 29.6 Bank 2:8 Barber 130: 15 base 8 3 3 127:19

U7:6 169:12.19 169~22 1S63 192.20.22

based 58:19 59:2 90.13 97.1 98;25 114.18 117.5 139;18 141.20 1428 145.13 15332.1 18820 19223 19417

basic 39:7 109:31 109:11 110:6,11 111:6 136:ll

basically 15:7 17: 1 I 1720 38:3 76:9 12621 130:13 164: 15

basis 9: 17 2522 27:s -58:14 812 96.6 110:f; 142:l'. l W 9 15O:lO

Beauty 130.15 before 5.4 6.16 7:5

7-25 9-10,12,19 201022:724:11 2421 254 26;lb

50:12 54:13 56;6 612 63.24 64.17 65:12,14 67.3.16 67:16 89:790:19 92.3 97~24 107:3 112.25 119:3,22 127.5 129.5 130.10 132:13 141;19 144:15 157:13,14 164:19 1721 1 17610 195:12 1965 197:6

28:3 29:tt ~ 2 3

begin 154:7 behalf4:8,14 5:2

*hooves 162:8 being 33:14 393

7: 1

21:1?.17 52-6.11 54-10 57:4 84:6 90.13 92.19 97:15 108% 111,13,14 111.18 1128 114.17 13410 164;l 173:19

-._. - -

18O:lP 182:l 185-12 190: 17,20 19 1 :8,2U

belief 186.17 believe20:16 27.19

32:23 367 41:16 42:22,23 43: 11 475.1 3.14.18 49i6.24 58i3.9 66.16 66:Z.S 7k14 81.10 82:l: 86:l 89:12,17 91:12 103.12 105.21 108.22 116.16,17 119.18 120.2 1221 135:19 13894 139:4 15215.23 154:13 164:8 173:16 1756.7 176:13 177:3,4 1839 186:5,1S 194:20

BeU 16:23.24 86:4 100:4 134-5

BellSouth 1.6 2:20 2*20,21 J:7.9,11 5.3 11.10 16:9 36.22 39:8 4025 41.4.21 43.24 4 4 3 4713.15 51;12 52:6 55:15 55i20.20 57i3.10 63:22 64;7 654 70:20 71.3 77.13 79:6,25 80.17 815.1 7,18,21 82.14 89.6 90.25 91.4 93:8,8 96.22 9715.17 100:3.6 10 1: 18 132: 19.24 13322 13522 142:25 143:2,10 179: 10,13,15 180:7 18424 185:4,25

LellSouth's 44:13 63:18 7722 99:8 1009 1C)1:23

Lell's m:18 elonging 10 1 : 6 elongs 1!3:21 81.4

elow 56.22 155.8

enchmarks 54:21 enefit 11425 121:10.11 123:3

127: 11

176.19

-- - . - - - --

123. 10,14,20,20 123.23 124:8

121.9 benefits 76.22

besides 95: 16 best 6.21 9.10

64:23 65.20 145:; 190;16 191:4 194.21

better 63:7 between 2 0 1 8

21.1922.3 2713 30.13.19.23 55.5 56.4 145.24 146.: 159.2 185.19

bid 47.12,16,22,23 48*1,11,12 39:8 49:19 116:9.9 133:4,5,7,10,10 118:13

big 77:3 bUl 134:6 136:6

137:ll 140.10 143:l 178:6 180:: 182:s 18311 185:17 186:24 1589.13

billed 86.3 148:5,5 1503 173:19 174.2 179.2.5 182: 1 185: 1,12,14 186.9.1 1.12

Ming322 143:15 151.4 173313 176.1 177314.17 177:20 188.3 195:s

PUIS 81.23.2.1 86.4 11 1;20,21,22,23 11125 139.11 143:2 187:9 l88:19

Bit 9:18 123 872 14021

blacked 172: 19 blood 109: 1 lo 167:14 koard 68.5 139:21

bbbie 14- 1 40: 1 7 iody 39.5 told 147.20 looking 131:8 lorn 29.3.5 IOTTOW 133:15 IOSS 168:19 otb 11: 19 202 68.12 79.13

142:17 172.1

. __ . -- - -. - _-

126:19 130.4 143.25 142.4 180.1 9

bottom 146:l 149.15 151.7 152:7 1652 166:22 188:lS

Bowl 166 box2:17 14422

160:10.13.15.1 161:7.6.12 162.18 16219.23 1632.3 163:6,7 176:6,7,9

branding 124:l breakG.20,21 12.16

35;20 60.18 69.24 7425 88:8 89:lO 8993 921 111:11 15922 189:10

brief 12:8 briefly 28: 1 1 bring 4024 12323

124.16 125:3 151:lO 164:18,18

bringing 127.13 168:lO

broad 12.21 broadcast 75: 14 broader 38- 10 brought 4 1 4.9

120.1 0 build 127.4 building 163,15 buildings 170:12 bunch 774 bundled 178.25 Burger 130.9 Burgess 193.20 business 27; 12

28118.20 60:13 97:14.18 99:25 109:2,7.9,17 I10:12 122: 10 123:9 126:6 1275 127:14 140:16 141 :4,7 150:4,5 150:lO 151.6 1653,16,2? 169.5 169:10,11 171:15 17S:lS 192.20 195: 1,3

my 126.21 194-24 myout 143: 19

c ,A 1 3 895 :able 26:6 781 10.19

113:9 164.10

cables 1 lM.7 cabling 79.14 Cafe78:R 121.17

121.25 122.3.21 125:2,9,11,20,2 125:25 128: 14 130:2.10

calculate 156:s calculated 153.15

15612 call 221 13.4 18.9

71.10,10.11,202 1 71:25 72.1 73.7 73.10,15,17.18 74,6,16,17 75:2.3 75.7,Il 76:14 77:s 78:6 79:12 79: 18,20 825.6 8219 84:13,1313 8425 85:9,16.22 85:22 98:5,6 9914 100:3 101.19 102:3,9,11 102:16,20,23 113.19 114.16 1?9:25 143,7,11 143:21,23 144.1 178:13,14,22,24 180 1 1.1 1,13,18 18022.25,25 181: 1,2,3,44.5,18 181:18.20 1829 18Z:14.18.21 1 S3:5.11.18.21 1 8J: 5.12.1 7.1 9 185:2.7.1 1,18.20 185:20,24 186.1 186.12 188.19

19:7 75.2 77.12 103:lO 18217 1866 19219 198:lO

calling 94: 14 99:?0 14025 17823 181:14 1822 183:1,3.20 185:14 185: 17.20 188:25

calls 73 1,3 74.20 7421 75% 82:25 831 10Os24 105:11 180*lb,16 180 17.1 9,19 181: 10,11,25 189: 1.4,12,12

came 8; 19 29:23 304 46:18 54.9 13921 168;2

called 13.13,14

KRESSE 8: ASSOCIATES, INC. (305) 371-7692

PSC 5068

Page 202

172:l 193:22 194:19 195-10.1:

capabilities 129.6 capacity 21.1 1 capitalize 76:2l captured 180;24 Caretta 1263.17

126:ls 130;ll Carlos 16:1,10

19:25 22:21 carrier 79.6 82;18

83.24 843.6 10625 107:6 108: 1 1 14225 179;9

carriers 1 120 16: S 16:8,8 815 83:1,: 189:lO

carrying 153:8 case 1 5 5:3 7:4,5

20: 12 36:3,6.9,12 3615.18 37:ll 39:8,10,13 43:lO 64:7 66r8 76:12 86:l 80.5 1029 103:6 143:16,21 144:4 15912 157:18

cat 26:6 ratch 171:11 muse 198:ll :ellphone 1 1:6.7

16;s 185323 :ellphones 16:7 :enter 1441 :EO 13:5,6.13.14

13; 14. 15, 18 :ertain 646 115.20

11521 120.13 131.15 177.10

48:1,18 :ertainly 44:25

:ertainty 1 16: 14 :ERTIF'ICATE

mertify 198:9.16 etera 5 5 5 110:25 hain 18:7 hance 6:lO 329 hange 14k13.14 143:18 148:17 149:4,1.13

hanged 141-22,23 142:1,IO 144.3 14839.25

65: I4 67:2,8,9 115:17,19 147:24

198:2

ihanges 2 0 17

I -. --

15@:25 151.2 152.2

channels 5 4 8 chargeS.11 132.6

132.15 133.19,2; 135: 11,15,17 136:9 137:22 138: 14 139: 13.2; 140:2S 141:9.12 141:16 144:19.2( 144:22.25 145.24 145:24,25,25 146.3,4.4,13 147.10 153.11 157.5 158.22 159.7 160:8,14 16222 163:6.6 164:Z 165:9 169:16 173:19 178: 1922,2324 181:4 18221 183: 10 18S:24,Z 186:4

Aarged 11 1:14.14 111:18 112:8,9 138,2535 170:25 171.18.19 178:12 182.11 183.8

332.24 137:9 139:17,18 14O:lO 1W:19 151:15 1574 158;2.6 174.5 169.5

harging 112:J.J 13J.1.7,13 135.24 136.2.4,6,12.16 136i20.24 137.24 141.9 14219 144.24 146:17 15215 176:1? 178:6 181:ll 1828.14 18324 184:4 18511

harter44:11.15 4513 46:2047:1 50:4,21 51:1,13 52:6,11 53:1,2,9 57:4,12 58:16

heck 8 5 2 5 86.16 86:17,18 97:) W12 139:ti 143'1

hecked 88:6 lief 13.20 21:5,10 22: 1.7.15.25 23:25 24: 12 loose 83:25 84: 1 12325 12412

iharges 71.13

.- - -- - -

chronology 47:2@ 48.24 50.1

Cinnabon 130.8 CIO 13.18,19

148.23 149:9 15 1: 10,lO

CIP 167:ll 168:6 CIRCUIT 1;I.l

circuiting 492 circumstances 56.9 city 181.19 claims 3622.24.25

41 .4,9 42:24 clarification 33.17

60;11 61:12 clarify 6: 14 9:7

10721 191:lS class 124: 18 classes 28:2234 cleaner 130: 18 cleaners 130: 16 clear 3514 37:8

599 61:6 78:17 8?:13,13 91:s 103:14.16 107.4 107:22 114:8 120.23 133.3 136:15 146:14 147:12 15O:ZJ 157:18

clearest 145; 17.18 clerical 187;22 client 96.2 160:19 clients 78,18,18

82.1,2,3 12222 135.24 138.25 141.10 1445 184.14

client's 79: 1 :loset 77:14 146:lO

160: 13,16,17,22 16024 1612.2.5

S9:l.l

:ode 189:7 :odes 189:11,11 :offee 1225 123: 18 iollections 1515 ?ollege28:12 :olumn 114: 15

160:l :ombination 3312

98.10 118.17 tome 15821 17:l

20.4 30.8 34:21 S5:18 63:14 802 80;8 81124 87;16 88:3 98:21 100A 116:18 124.11

125:17 126.16 127225 132.16 140.7 151.24 152.4,5,24 153.1 1 156.13 16012 171:19,23 172:l 17k8

comes 17;4 SO; 1 95:U 961.23 97:6 101:22 1023 102:11.20 126.9 162:3 175:7,7,8 181.19

comfortable 127.18 138.21

coming 32: 16 34: 1 8 3419 Sl:8 92:16 163:4

comment 9 0 18,20 commercial 124:15

126:4 127:2,12 192:14,17 193:6

Commission 19893 commissioners

142.17 common 11.15 15:R

83:21 9615 106.21 152:16 183.13

:ommunicate 15% 96:17 9215

:ommudcation 57: l l 722 129:6

:ommudcations 98:17

:ompanies 25.21 16922 172:3 179.11 180:6

:ompany 721420 83:&25 93:22 10091 126:1,18 126:19,20,23 130:lO 14423 146:22 1475.5 14824 171:4 17924 181:3

'ompare 187: 13 tompared 124:23 ,omparison 123:25

1669 183.21 ompete 83: 16,17

16921 ompeted 4716 ompeting 83-4.7

ompetition 83: 10

omplaint 3:6 60.22

83:21

83: 14

60:23 61:7.9.14 61.20 62,10,13,18 62.22 63.1

complete 6.1 26:8 68:17 104:lS 17521

completely 7: 11

complied 128:3 component 16.16

76:6 150:5 components 144 19 composite 322

175.3 177.12 188.2

computer 1420 L7:21 189 28:19 192:lO

computers 1F6.14 concentrate 76:6 concentration

concern 121:8 concerned 104.9

t5I:7 concerning W:6

9012 91:9 concession 1225

125.19 127.25 192:25

192:24

125.10

I n 1 8

97;8 167;17

28:19

concessionaire

concessions 125: 10

conclude 14 1 : 3

concluded 197.2 concluding 192. I3 concourse 16: 18 Concur 196:13 conduct 97: 14.18 conducting 19220 conduit 78: 10

164: 10.18 conference 221

319 178:14,23 :onfidential35:16 :onfigurntion 107:8 :onfigured 1 1720 :onNcts 135:19 :onfusing 6: 12

:onnect 99.19 :onnected 157

:onnection 26:2

:onnections 76:15

38:19

26;9 l63;2 192:6

27.25 95.10 105.2

---__ _- KRESSE & ASSOCIATES, INC.

(305) 371-7692

PSC 5069

Page 203 ~

connectivity 26.3 745 77.21 103.

connects 105:7 consider 10:9 consideration 46:

SO. 17.25 51:6 168.3

considered 10.7 97.25

consistent 158.7 consisting 106.20 consolidate 1132 constitute 733

198:15 construction 12: 1

16:10,12 167:ll consultant 16275

171:2,17 Consultants 1715 consultant's 168.2 consulted 63:4 consummated

152.2 1 contact 27:21 100

126.4 1d3:25 Zontained 31:22

64- 11 :ontemplated

165:22 :ontent 109:25

163.13 :ontention 35.14

63:19 7010 :ontest 141 .8,12

157.6 iontest 15.5 115.5 *oniinue 70.3

112.15 159.18 18924

ontract 17:s 6721 1428 148:6 164: 17916

ontracted 19520 ontracts 19:8

ontractual27.12 ontradict 155.3

ontrol80:20,23

ontrob 7412 onvergence 10Yl onversation 19:20 19:23 43.1 44.8 509 51:11 52.4 89:lO

onveying 109:25 Dnvince 7:3

127:4

167:18

102.5

coordinate 16.21 l6:24,25 26420 26523 2711

coordinated 25: 18 coordinating 1 I: 1(

16:7 26;17 coordination 1 I:7.

12:17 16:6 174 15.18,20,24

copied 56.21 copies 32;lO copy7.18 10,3 61;;

133.15 Coral 99:lJ 105i1.1 corntr 188:16 corporate 8:5,20

10:l 18:9 30:2 8212 89:14 905 9022 157:3

corporation 1:6 6093 89:6 1039:

correct 4:17 10:12 1513 17:23 20.6 25:s 26:10 ,7324 353.17 39.1 1,15 39.16.19.21 40.8 45.3.1 7 46-20 37.20 40.6,22 49:6 507,11,13 51:7 53:5.10.16 5516 57:13.25 59:3,11 63.5 647 66:8 67:11,17 69:2,19 70.14,23 70:25 71:18 72.24 73:1.4,6 7423 76324 77:7 78.1 78:20 79:3,9,10 80525 82:2,3

8621.24 87:5.21 92623 93:3,6 9524 9721 98:6 98:9 999 1OO:lO 100:14,21 101:9 10?:11,25 104:4,7 105:16 111:9.14 1129 1171 118:7 118:lO I195 12 1:1,5.9.1 8J1 122.7,11 125:5,12 126.22 128.16.19 128.24 129.2.6 130:1,13 131:18 132;7 1335 134:l 134:2.20 1354.7 13S:25 136: 17.19 137:2.7 138:22

83:s 853.11

140:22 142:20.23 143*3.8,12,16,22 153.24 144.23 150.11,20 152:4 153:2,5,6,9,12 1 Sk9.13. I6 156:18 157:6.24 158A.9.18 159:s 159:9,23 164.24 16S.5,11,18 167:l 169.8,13.17,23 170.6,13 172.19 174.141 7,19,25 175.19 176.2.6 177; 12,l S,18,22 17725 179:6.12 17915,25 180:4,; 18 1:5 1826.1 1.15 18324 185:5,8,11 186:l 187:16 188:4,6 189:3 19213 195:13.18 195:25 1!%:3.8

orrection 22:25 orrertly 8:13 orrespondence 107: 1 A, 15

ost 1149 11 5.2 132.23 133.21.23 134.5.8,9 13521 136; 15.25 137: 10 137.17.19.25 139: 1.25 13037.9 140: 1 1.13,16,2 1 141~1.24 146:5,7 146.12,17 152:19 152:20 153:5,8,9 153:21.2 1 154: 10 15S:7,8,12,16,19 1559-5 156:5,16 15618.20 163:4 164: 13,17,19 182: 17 ,233 183:3,15,18~0.22 186:ll

ists 132#2,4,11,23 1362.7 13823 139: 17 15214.25 153:18 15693 1 659,10 iunsel3.5 10.5 32:7 41.17.19 55:9.14 64.1824 65:2,8,22 66: 11 66: 13.16.19.22 68:21 130.24 131:15 198:17 unsel's 32:4

66.14 counter 98: 15 counters 98:13 country 181.19 counts 164.4 county 1:2,9 215

2:16414.14 7;1 8~7.15 2S;Z 27.14 37:23 38:2.1.9.16 3821 39:5.6.9.10 3923 41:5,9 42.16 44.1.1 1.25 45.13.14.24 47.1 48.2,3,18 59.3.4 49.22 50.4J.17 50;21,25 51.13 52:5.11,20 53:4,8 5323 55:6,25 56:18 57:4,12,15 602 6215 6323 6323 67:19,20 68:s 73:4,7,23 75:16,21 78:20.25 79.13.21 892.9 89.14 90.21 91:2 91:lO 96:P 99:24 10@:17 103.8.25 106-18 112:20 11S87,9 121.9 13121 152:17 1448 146:15 147:15 165:4 170:13 172:17 1732.6 177:14 18 1 :13.15.2 1.22 181:23 182:s 190:3,4.1 lJ3, L7 190.21J.1 1915 191 : 16,17,2 1.22 192:1,15,18 1935 193:7.18,21 194: 1 194:4,14.18 195:17.1922.23 198:4

4 4 13 48-5 49: 1 51:2 61:19 62:ll 62:18 6318 1 W:24

Duple5-8 41:1@,11 47.660'17 91:12 129-9 150.2 159.25 168.13 187:3

Dune 5: 13 6.23 3urt 1:l 9:J.S 27:17 3523 36:lS 457.21 47.4 48:9

ouoty's 72.5 8:5

57:8.18 5528 68: 19 72.6 89: 1 89.13 93:19 96:13 99.4 102.8 113:2 135:2 196:19

coverage 178:Z covered 9 1 :22 covers 1290 104.2 crafting 10925 cream 78.8 1305.f

creates 95.10 creating 1395 critical 109.16 Cross 224 current 10;14 14:l

15:l 21:1.1723:1 254 26:14 1OO:l 139:17,17 194:l

currently 13:25 14:5,9 17:6 2212 827 100:12 122:13 139:16 1497

customer3:12,13 1l.S 12:1735.11 35.15 78-10,24 79.11 83:5 845.7 84:7,12 94.1 1.21 9422 9-5:1,5.5.22 98:3.4,16.16,18 98;18.19 99:13 100:7 101;S.8.19 101:22.25 1055 1095 111.8.13 117.6,12 118.23 119.12 122:14.19 123..1,14 134.6,7 134.10,13 135.22 136:7 137.9 13924 14010 141:17 1435.6 157:17 163:14,24 164:2,12,14 166:; 169: 12,19,22 17218 17524 178: 8,9,10,20 1824 18324 184:4,O, 1535 188-20 190:9

:ustomerr 11:19 32.23.24 34.16 35.2.1 1.15.18 70:24 72*8,24 73:24 77:6,17,1Q 78i7.9 81:11,14 81;14 S4:9 85:8 93.6.12 94;g

130:19

KRESSE B ASSOCIATES, INC. (305) 371-7692

PSC 5070

Page 205

96:10.24 97:7,1? 97:12,13 98:3,9,! 9922.23 1001,l 10019,24 101.3 101:15,20,20 107:25 109;112; 110:7.13.23 112: 114.9 119.6.6.17 119,19 1205.13 120.15,16,18.22 120.25 1212.92 12121 123.13,1( 12324 127: 15 132:3,6 136202 136;'s 137:18,22 139:13,14 I4O:li 141:l 142:18,22 143:1.3,15.21,23 145:95 146:17 14790 148:21 151:14 1529 1535 15822 164:24 165:9 1663.4 169:17 1705 173:14,24 178:16 17%6,12 179:25 180:7 181:24 184.14 189.9 190~10,10

:ustomer's 79:8 10225 137:ll 160:20

:ut 93:s 9622 :uts 1685

> 2:23 3.1 >AC 171.16 )ade44:1 171:5,16

laily 150: 10 landy 168: 1 1 Panish 1226 lata 48:3 6820

17217 198:4

104:21 105:1,2,23 107:18,25 10835 176: 17 18O:24 1923

ate 15:l 202 1 306 35:23 43:7 4612 139:18 150:3

ated 8:ln 55:16 174.19 177.15 188.4

)avid 2:14 413 732021.22 9.18 189:19

day M:? 53-19 6 5 , ~ 11 0.13,16,17,18 150.1 189.17.17 197.6 198.19

day-to-day 1022 25:22 275 1105 118;14.18 1499

DD 198;23 deal 16.2 116.24

125:22 1261 136:ll 149.8 151:14 173.23

dealing21.14 40.5 56.3 139.11

dealt 2 7 5 decision 1O:ll

41:lO 57:13.24 58:11,14,17.19 59:3,10 6216 87:17 13923 140:2,2 14214 1479 148:4.16

39:2.25 1?9:15 149: 13

decreased 11 9: 17 deem 13:18 73~11

90.16 97:13 107:ll 108.7 127: 15

188:24

89:ll

decisions 38:25

ieemed 8495 85:23

jefendant 1: 11 6 5

3efendants 2.12 Iefendant's 3:7

lefenses 61 ;20,25 lefine 71:6 107.9 lefining 1612 lefinition 67:7

71:14 75:12 8 5 2 103:14,16.17 146:14 185:8

lefinitions 154:13 1785

legree28:17 leliver 93: 11 96:9 9634 97:7 106: 18

elivering ?7:? emarc 77:? emarcation 73-12 74:6.8.9 101:23

emolished 1 b.25 emolition 16,17,19

1enberg2:tl 4:12 enotes 106~6

63:20

16:21

deny 62.17 denying 62:12 department R:24

11.19 144 2.52 34.18,20 3624 39:J 43:24 4L10 57019.20 73:13 75.5 78:l I 848 81:10,12 95;4A 96:3.15 97:13 104.20 106.23 127.7.13 135.23 136.8 137.15 140.6 142.1 143.25 151.6 15722 172.1.17 17224 173:2,3.4 173:5,7,8.12.12 175:4,8.9.9 177: 14 19023 19420 1951 1,16

lepartments 125 lepartment's 15.17

82:24 lepending 63:11,12

1899 lepends 82.22

102:14 160.25 16113 176-8 190:18 194:12

lepict 13:15 119;12 leplcted 13 1:5

155:25 179:19 160:3

lepictions 129.19 lkpiets 119.6 122.7

eployed 15.16 eployment 1 I;6 16.7

eponent 35: 12 120:9 12215 133:l

eponent's 7: 10 eposed 5:4 365 59: 14,1S.18 60: 1 91.7

leploy 75:d

eposes 4:4 eposition 1.14 4*10,24 59.19 6.25 8*3,?,4,21 10.2 19:19 29:9 29*16.20,24 30:3 30:6.8,10,15,20 30:23 32:16 346 3639.12.34 37:14 42.19 60.5 70:3.7 87.1620 88.1

8914 89:5.16.21 89:24 9@3,4,6,9 9k17.23 91.2.14 91:21,23 92.5.9 92: 13,16,23 105:12 112:16 113:2 156;23 159:18 165:8 169:15.25 196.19 1972 198.10,13

depositions 59.23 Dept 3 -20 deputy 143 derive 122.23 describe 94:8,17.19

iescribed 1 8 5 1 iescription 3 2

?4:18 187:18,19 iesign 11 :4, I5

117:19.23,134

309

10:l

1&7,8,8 19:17,20 19*24

lesigdimplemen t... 1 72:2

lesk 12:13 32:l Iesks 15:15 le~ktop 11;2 15:12

lesktops 1516 letail 111:5,6 1126

145.23 153;19 17.13 180.11.12 180:13,182 1 188:20.22

letailed 188:13.13 letails 12717 leterrnination 25:6 letermise48: 13

1005 117:15,20 150:18 156:9

letermined 10:6 l e t ednes 10794

141:15 163323 letermining 62: 11 levelopment 1 1 :?

ievice714 180.15 evices 77:4 bFW 124:24 iagram3:ll 113:13 1143.23

iagrams 117.2023

104:12

lesignate 1 0 11

lesignated 8: 15,20

Iesignation 1294

18113

11-16

117:24 dial 70:20 71*4,9

73: 16,19,20,24 743,7,18,20 75:11 76.14 77:l-l 77:16,18 7832.1 79:19.21.24 S0:l 60; 1.8.14.15.1 7 60i20.23 81.2.7 61: 11.13.15,t2 6315 85.5.9,15 85.23 93,6.9,11 93.11 9k10.12.13 94.22 95.23.7.13 951 6.20,22,23 96:2,2,4,9,19,20 961334 975.7.9 97: 16.10.22.35 98:1,5 99:13,16 99:17 1OO:l 1015 101:8,21 136:3 1389 16194 162: 1,2.4,7,11 1777 18023 185; 12.13

dialed 18523 dialing 82-7,15 95.5

95.6 97.25 !%:I5 102:1,12 184.20 18422 1R6.8

diols985 180:tl 181: 10.16

dlfference 143:12 165319

differences 146.3 different 20:23 23:4

91.1 98.20 161m 1648 187;5

difficult 134: 1 1 digit 75:7 82.7.1.1

84:13,23 8522 95:4.5 9725 98.5 98:14 99:14,17 101:21 184:10,21 184:22

digits 94: 13 diligence 1 10: 17 direct 224 4:1 1

14: 1 1 2518 64: 1 7017 76.15 106:14 1M17 158:12 lh7:lQ 188: IO

directed 167.1 directional 75.10 directly 10;9 1912

llS:13 133:23 1346 155;8 161~2

ICRESSE 8: ASSOCIATES. INC. (305) 371-7692

PSC 5071

Page 205

164:l 168:14 director 12.23

13:23 143,s 17:7 19:3 39;4 40A.8 40:17 41;17 57:22 142:6 167:lJ 168.15

directors 13:1,9 discounsel164.3 discount 163.20.24

1647 discrimination

128:9 discuss -10: 1923

326,11412 5219

discussed 25:8 3524 4091 41:21 4221 4390 a 1 9 65:7 87:18 12894 129:s 149:7 194:ll

discussing 193 9 discussion 105

28-1 41:12,1S 42.1 43-3.8 53.24 54:4,17 .55:22 56:24 66:11,13 68:12 9511 116; 17.20 16b; 11 167.24 16S:24 191114

liscussions 27:s 36:8,11 40:7.12 40:16 41:1,8 56:14 113.12 117.22 138.7 167.19 193.11.14 19335 194:3

lisplays 1521 lispose 327 Lispute 39:15 103:3

13 1 : 1 1.14.1 6 196:2,8,10,12

Usrespect 87:3,9 listance 11:9 1 6 3 71:12,21 72:l.Z 83:1 1389 180:19 181:3,18 1822 188*22,25,L5 1892,4,5.12

istinct 38.17 istinction 2220 145:23 159!2

istinguish 146:2 ivision 1;4 4; 18 19:7 89;4 124: 15 127:12

divisions 63-16 75-r divorce 59: 19 60.3 DLC 152:15 document 3: 17 7-21

7.25 103 29:18 30;lb 43:2 4525 46~9.11 5423

56:6,11,17 57:3 57:15 56:20 61:2 61:22.24 62.4.5 63:24 64:2.6,9,12 64:14.16.17 65.6 66:3 67.23.25 70:12,13 106:15 107:ll 108:12,24 109:4,5,16 1102C 119~3 144:13,15 146:l 148:1.14 151:8,10,17 155:l 156: 17 157:13,21 158:l 15921 163 10 I671 12,17 1 72.6.10.14 173.18 174:13 175:15,22 177725 179.20 180.10 182.10 184:3 186:20,23 188:3 188:18 1892.16

locumentation 116.10 146.24 147.3,6,12,17

locuments 29.13 29.15,22 3015 31.20,22 42:7 65.2 66.18.21 67.10 68.1421 69:l 1035 106~3

55:11,13,1S.21.2-

I 120:14 175:13 dogs 130:6 doing 11:18 16:1,2

47:ll 1275 140:15,16 14921 15(3:18 164:9 19425 195:3

dollar 168.6 done 11:1,11 1 6 9

25.19 265.17 27-22.23 29.8 106*1S 117:21 124'15.20,20 148.19.22 151.5 167:14 18317

Dorian 2:21 4:ll 15719

doubt 170:9.10 down 9,9 12: 16

33.2 35.20 9-221 74.25 114:13 152.24 156:15 158.1 159.3 186:23,25

drawer 32:2 drawing 113:13 drawings 117; 19 drew 11415 drinks 123.17 drive 17-20 drop 26.6 27.24 dropped 187:20 drops 26:l due 110:17 181.15

181:21 duly4:4 198:12 duration 181:l during31:16 3525

64:25 8923 175:15,25 185:8

duties 1022 2022 21:12 2212 1724

duty 130:7 D'AMATO 198~7

198.22 -

E 223 3:Ll 89:l.l each 12:22 15:7

110.13.15.17 176:19

earlier 22:17 402 12k9.10 1212 128:24 158:8 16623

Eddy's 78.8 130:5,5 rdification 191 24 education 28:12.21 effect 35:4 76:2 effectuate 14913 efnciently 125:E :ight 2424 14725

:ither 19:2024 148:9

31:4 57:13 62:12 62:17 63:14 74:14 116:l 131:22 17.56 174.16 1939 196'20

Elder 142:7 Nlect 196-20 Nmanating 101.7 mphmize 7;8 mploy 26:2 mployee 61.5.6

171:17 162.5.9 mployees 1 5.1 5

18123 191:22.25 end 42: 11 49.10

79-17 9510 105.19 163:19 167.10 186:20

endeavor 116:24 ended49:12 ending 168.6 enforcement

19422 engaged 1642 enough 13:8 18:24

2 I . 10.22 22.422 22.23 23:24 247 50.1 91.24 119.23 123:16

entailed 1 1 120 entails 8 2 4 enter 48:3 49:4

12823 194: 14 entered 45: 1,24

4 8 2 50:6 118:6,8 127:4

109:lO entering 50.18

enterprise 125-23 entirely 7R24

83.24 127.1 128:17

entities 16:9 2S:lO 38:3 123:11.15

entitled 132:17 1723

entity 13.5 27:6 6013 73:lS 81:s 96:17 103:24 12523 139.15 1M:2,4,7 165.8 166:2

18625 entries 160:4

entry 482.0 155:9 equals 175:12 equating 97:20.22 Equipment 1 1 :8

73:4.8 77:16,19 7823 79:7,13 802,14,19 8221 93:l 94:1999:9 100: 1914.1 8 102:3,10,23 106:21 11U25 115.8 144.4 145:10,21 146:lO 152:16.20 153.4 156:3 162315.17

23: 1 quivalent 22: 16

erase 97-8 error 37.24 Especially 16.10 ESQ 2.6,14 essence 68.25

10221 essentially 38: 10

53.15 124s 16421

establish 1095 established 1 X 1 3

132:8 139:20 141.20 142.1 148.6.7

establishing 28.8 estimates 167:s et 5 5 5 11025 etc3:lO evaiuate 1722 evaluated 149:14 even9:3 46:9 8210

9622 975 119% 127.5 16722

ever 28-21 363 412 44:12 45.11 46:18 5 6 5 6O:l.Q 60:?,12 61n1J4 67.19 92:8 106:2 172.10 183.5.10

every53.19 110.13 110 16.17,18 150.2 180.20.23 196:IS

everybody 46.25 everything 11 :2

65:17 70.14 163.22

evidence 185:lO exact 6.22 19:lO

103 16 120:6 exactly 1020 21.23

2123 56% 8125 94:20 lo?:? 108:14 111:8.21 1128 13122 179.23 187:4

EXAMINATION 421

example1613.17 174:9 184,15

examples 165:14 except 115.18

125 14 excess 10.19 exchange 7514

106:25 107:5,13 106.11

excluding 60.3


PSC 5072

Page 206

execution 4623 exhibit 7.15.16 8.1'

305 46:9 55:8,9 60:24 62.1 66.5 706,9 106:12 111;l 114:23 11822 14412.13 157;ll 159;22

' 166.19 1728 17411 175.3 177,12,20.24 187:8.14 15.18.26 188.2

106.10,ll 11823 1;11:15 129:13.15

exist 10013 10212 10213 129:20

existing 142:9 194:s 1992

exists 15821 expect 194:lO expense 1 SO: 19 experience 20: 10 experiences 183:lJ expert 60:10,14 Expires 198:24 explain 5:16 16:s

eshibits 55.7

25:25 53.22 72:lE 7419 10223 103.13 107A 108:12 109;20 112;18 113:1.17 116:Il 117:ll 122A 133:20 14s: 1 15410 18411 187.2 1

explanation 94.18 176.23 182.8

Extension 757 95.8 101.25 102:12

extensively 1905 e-mail34:10.11,12

34:13,24 3 5 5 7 16620.2325 16725 168:10.14 1912 19Z6.7

tmalled 190:15 .-mails3:19 147:15

166:18,20 1929

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869.16 87:4,9,13 87:18 89:19,19 91:11,16 965.20 9791.22 100:2A 105:11,25 ZM:3 106.25 107-5.13 108s10 133.19.23 134:1,14 135:ll 135: 15,17,25 136,4.8.13.16.20 136,2 1.22.25 137:9.17 138:9.11 139:1,25 141:18 1.61:23,24,24 146:17 147,lO 153;21 154.10.12 154.2L23.23 1 S5.3,4,8,16 1 S6,4,5,16,18,18 I56 20,2 1,24 1575 1W14.13 159:3 180:19 I81:2.2 18214 18324 1845 185:7,11,18,19,20 186.25 187:19,20 18822 18915

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longer 20.7 168.5 long-term 164.3.3 look7.18 20.20

27.24 35.6 39:3 47:6 6025 662 67:7 68:ll 7610 85:211S 107:8,11 11121 113:18 115:3 116:ll 117:19 118:25 129:14 1391 1.16 142.12 147:l 149.20 16O:l 163.12 172.2 173.17 174-7.16 179.21 181:9 183:2 191:ll

looked 10.5 30.6 61.21 81.23 87:15 92:19 108:6 165:20.24 166.3.8 19k21.22.22

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mailed 30; 10 main25:2 97:15 maintain 73: I4

10619 151:ll 1661

maintained 146.1 1 maintaining 127.14 maintenance 14.25

21:14 1466,12 153:9 173:20,23

major 150:5 169:7 majority 16: 14

59:23 91:1310 10320

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lakes 77: 1 82: 19 84:12 858 89:13 139:14,23 1409 142:14 1492

laking 38: 18,25 39:2,25 62: 16 69-18 73:18 8422 141 -3.6 165!4,17 165.25 18218 185.17,19,20

rall130:13.15 1314

ranage 12:19

49.22 73.13.17 74:ll 75:49 76:19 838 10322 1 18:4,9 1 5 1 :3,4,4 1515

115.2

195:4,7

1218 13.2 14;20 48:4.20 49.5 50:6 50.19 63.2.25 93:22 151:6 164:2 131.3.4 172.3 195.8,16,23

manager 8 2 2 1016 27:7,9.9 48:14 145:4 193:18.21 194:1.4

managerial 1213 managers 17: 19

149:12 171:14 managing 1094

24: 10 49: 17 9322 127.14

many 11-25 23-14 23:17 24:23 32.25 35:2 40:2141*7 59.15 1204 1705 176.9

5516 562 S7:14 58:20 119i18 1773 5.18

margins 132.16 Maria 69.6 Maria's 167.12 mark 7.15 46.9

manageability

managed 248 50:6

management 11 :3

March 8: 10 49: 13

54~22.24 60~21 61:16 63:17 6524 106:8 11421 11821 121:13 129:9,11 13324 138:8 144:ll 146A6.1823 147:9,10 166:17 174:lO 177:ll 18724 1895

narked 7.14.16 5S08,0,1@ 60:23 61:21,25 8 :21 665 89:16 10612 1 14.23 11 8-23 121:15 129.12,15 133:lt 1M.13 157i9.11 166.19 1723.8 1741 1

- - --

17790 188*1,12 markers 15.22 market 170.17 marketing27:7

124.3 17016,21 170:25

marking 156: 17.24 16510

markup 1342.10 135:23 13631.1 138i1.13 139.10 155:19.25 156.4

bfartin 2.64.7 5:2 mat 81.25 material 91.21 matter 39,13

12425 133:7 138:lO 19025

Maurice 1:16 2% 4:2,16 89:16 167:3,5 1974 198:lO

Maurice's 5425 maximize76:lO may6:11,11,21 9:4

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maybe 1125 31:15 33:l 37.1 42.25 5521 59:16 66.14 67:7 10218 122.1 138:11 140:12 1427 1873

MCI 11:lO 7925 MDAD 322 8:Il

8:11 2F14 33:3 38:2,9,16,?. 1 50:17 5324 57:12 70:20.23 7 1 :4 72:7 82:16 93:10 y4:2122 95:1 96:8 984 99-13 9922.23 lOC):19 10024 101:7,8,8 101:12 109.22 112:20 115~1 119:6 122.14

--- _ _ KRESSE & ASSOCIATES, INC.

(305) 371-7692

PSC 5077

Page 2 11

123.10 131:21 133:18.19 134.1 135:14.15 136:l 136:16 137:9.9 138i24.25 142:l 142:23 143:152. 1.6124 146.15.1' 147:20 151:14,1. 155.11 157.4 163:6 169;20 177.20 17953 181:13,20 1902 19O:ll 191:16 19215 193:s 195:6

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neaning 93:lO 196:lO

neans 3416 39:9 1065 107~4 113;: 145;lO 17621 19 1.10.10

neasures 1255 oeet29:ll 31.3,8 32.14 92.17.18 128: 11

3525 42:8,11,20 422 5 43 : 12.1620 44:17 64:22,25 65:s 69:13 11620 194:lO

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meting 3 1 :9,16

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mentioning 52:23 merchandise

12417 meridian 160: 7.8

160: 10.12.13,lS 160:1725 161~7,: 161:12 162;1S.19 162.22 1635.7 176.4.6.9.25 1775 178.7

meridians 145: 16 merit 9:20 met 30:19,2163:4,S

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17217

172: 17 190:5,5,12 191:18

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39.14 147.13 159.14

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140322.24 141:l missed 15:4 173:19 missing 99, I 161.2( misstatement

107,19,2 1 mistaken 32:2.25

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133.13 MJ7 65:24 66.5 MJ8 106:8 MJ9 11422.23 model 142:2.9

modified 141,21 Mvndry 31.4 33:tl money 109.10

162:20

12323 135.25 150:9 151.10 165.4 166;9 181:15.20

month 4523 153:1225 17525 17525 188:14

monthly 143: 19 150:lO 173:19,21 175:17

month 24:24 1502 more Z:9 6.24 924

12.1.21 134.18 24: 11 48:7 SO: 19 51.21.25 52:16 54.12 6017 87.2 819.20 8 9 18 107:4 1 14: 1.2 1152 122:l 1246 124:12 125:3.11 125.14 129:9 140.16 15418 15925 1649 169.15 186:1922 189.15

norning4:24 8.21 19: 19 29.9,16

norning's 8:3 nost5:ll 8:6,16

10:4.8 16:14 18:20,22 19:18 59:17 61:11 87:12 157:4 159:E 178:25

189:lO nostly 28:25

nouth 124:4 nove 17:1,1,2

125.1 1 127.21 nuch 18.18 32:13

1142 139:13,24 1669

multiple 113:9 multitude 149: 1 1 multi-fold 16?:23 must73:lO 100:17 myself 5:l 26:7

40.6 41.16 57.23 63: 14 W2A 66.1C 68:20 69-15

M208B 179-20 MZO8D 179-20 M208HFD 17919

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162:19 172:18 1735

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19:lO 2 7 2 4 3 33.7 47:s 76.13 76:15 79:17,18 86- 16.17 92: 17.18 108.1 113*7.20 12021 124:18 12522 1261,7 132:22 162; 1 I 163~16 16412 169,12,20 17k7 1762.1 19412

needed 65.18 79:11 79:15

meeds 26.3 90.21 126.25 133:8 162.9 168.22 171:lO

iegotiate 151:lJ iegotiated 27:21 iegotiating 27:12

legotiations 148:20 ietwork 11:3.4

12:13 14:22.24.15 15:3,4,5 18:18 22:14 26,1,2,3 27:25 48:4 999 104: 12,1.5,18,19

105*6.15,22,23

15123

104-20,21 105:1,3

KRESSE 8r ASSOCIATES, INC. (30.5) 371-7693

PSC 5078

Page 2 12

106:24,25 10783, 107.7.10.12,12.1 107,18.23.25 106: 1 .4.7.6.8.10 lOS:13 110:24 1125.7 131.23 14O:l 144.19.22 14425 145.24 1464.13 153:18 153:19,21 155,7 155:12,19 156.1 158:2,13,14 159, 159:3,7 174:4 187:1.19 1923.9 195 : 6.7

networks 1082 never 88:6 1055

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26:2,2 91:21,21 147:19 14820 152.8.12

next l l * f 8 13.21 20:9 50.15 58:lO 5921 62.9 M.2 65:6 80.13 98.15 131.1 153.24 177024 180.9

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lextera's 45: 14 48-6.22 49.3 50.5 50:20 152.20

line 14725 14819 184:20,2 1

lobody 112:23 lone 196.17 oneselusive 55:4 ormally 14-14 160:24 161.1

orth 16:18 rotary 197.8 19k2 198:8.23 .- . --

Noted 4: 14 notes 3 1 * 16.18.2 1

31.24 3257,8,8 42:s 54.3 w 2 5 147: 13

nothing29;lO 51 ;20 125:21 126:lO 131:2 140:15 157:3.5 16325

notice 3.3 4.3 7.16 8.2 29.2030,9 42;17,18 87:19 89:15,20 90:4.22 9O:X 91:19

noticed 189:14 notwithstanding

90:15 183:22 not-true 135:12 Yovember 43:s number 8:9,10

29:14 3 120 3k11 47:23 63:22 70: 1 t 7k19 721694.1: ?S:2,1,7 99.17 101*21,25 1024 102.12,21,22 103.8 11916 120:6,7,16,18,22 120~25 121:2J 133:lS 1 4 ; l 147;24 155;15 1675 166,13 180:20,22.23 183:11.21 16420 18422 186.6 188:lSJ 1

lumbered 198:14 tumbers81:25

101:14 156:15 16220 1675 ~

0 b 89:1,1,1 ath 924 1127 1356.10 138-22 147:23 166:lO

bject 9.16 38112 132.10

bjecting 9:19 bjection 9:20 13:16 22,5,18 25:15 26.22 27.18 33:25 35.10 39.20 45:4,16 47:2 49:23 50:22 51:3 51:8.15.19 524 52: 14 53.6.1 1.1 7 -. . . . . -_ - - - -.

53:20 57'6.16 58:2 59.4.12 62.23 69*3,21 71,1,22 72:3,9,19 75:24 78:21 79:4 80:7.10,22 81:6 83619 85;lO S7:7.1422 906 93,13 95;25 96i1.1 9625 97.1 1 99.1C 100:2,15,22 101:10,16 102.6 103:l 105:17 109:3.8,14,23 1108.14 1 ll:2,1C 11 1:15 11210.22 1172 118:12,16 119:9 110:8 111:f 12215 123:1,5,22 125:6,13 1282 129:7 131:10,19 13195 134:3.16 134:21 135:3.8 136:1,18 137:1,12 1393 140,3,1,19 140.23 1415,ll 146.20 1J8:18 149:2,19,23 15k7 150.12 151-1 155-5.20 156.6.19 156:25 157:7 158: 10 16425 16k6.12.19 16614 167~23 165:21 169:9,24 170.2,7,14,19,23 171.20 173.15 178.17 179;7 180.1 181.6 182: 16 183:16.19 18325 195: I4

lbtigated 82% 832.2

btain 128:?1 bviously 5: 16.20 9:16.21 60:3 91:8 10394 1326 143:14

ccasion 149:24,25 ccasions 40:2 1 41:7

ccupied 254

ccur 519 99.15

ccurred 20: 17

ff 74314 92:3 93:s

rcupy 2102 22.8

151.22

152;12

--

?6:22 97.5 1234 141 :4,6 16k9

offer 82:15 8307,21 1295

offered 166.2 offers 179:14,2S ofmand 191 :IO office2;16 19:9,13

22:9 23:13 24:8 2417.22 32:l 56.1 9S:ll 102.25 160:20 1848 185.23

officer 13:20 offices 34.2 97.15

98117 190.23 Official 198: 19 often 53: 13 Oh 193:16 OK5:17,18 6:4.7

6:10,17 7:14,20 9:13 12:1024:4 3124 32:1038:6 3923 47:648:18 48:s 60:18 61:10 69-24 8&13 119.2 129.17 132:6 13?:22 14k12.21 141:14 148.16 1-W-22 152:14 156:13 163:12 167:16 169:19 182:13 1847

once51 71:s Soil9 81:3 1023.20 116:18 133:ll 149.25,25 196.19

one 6.25 8.25 9.9 12; 19 16.17.23 1 8 5 20:2 32:15 3219.23 3621 44.8 47:3,23 48:7 492 59:l 654 71:12 727.16 773 78:7 7920 825 85:8 86:14 86:20 94.9 96:ll 9617 98:1,8,15 98:18 101:19 10310 106:20 1w39:20,21 113:23 116:16 11712 121:20.20 123:6 128:23 130:21 154:13 160:7 1 63 :25 166;2 1.22 1682.13.23 171:2 171.14 176.16.16

.-___. .-

183.11 184.14 ones23:ll 105:12

10513 ongoing 16.15

54.11 only 9% 4OS23

9020 t39:l 162:20 163:ll 179i5.5 191:2l

Opa 193:l open 128.6 operability 15:2 operate 127.25

173:9 19425 195.20

operated 1956.8 19513.15.18

operating 14:18 43:2445:13 53:15 141:19 14824 15020 195:2214 19524 196:1,3,5

1524 44:14 45.2 4917 512 52: 12 1262,12,1? 1465

operational 52.1.17 operations 12.13

14.21.23 18318 21.14 60~2,7,tS 126:s 127:2,11 146:ll 151:lt 167:9 16825

operator 1445 192:25

operators 192.20 192:22

opinion 54.19 55:23 58.13.17

ops 124:15 opt 166:6 opted 30:7,7 87:16 options 14516 opts 82: 18 orals 47: 15 order 10!12 73:10

96:18 172:3 orders 17820 ordinance 18 1 :2 1 organization

168:17 organizational

10:24 17.17 organizations 8:25 original 54: 1

105:22 171:25 wiginally 107 16

operation 13: 11

opposed 91:22

- ___ KRJZSSE & ASSOCIATES, INC.

(305) 371-7692

PSC 5079

Page 213

other 9:7,15 10.7 11:12,13 15:7 17:2S 1 8:2,6,7 19:J 25:21 26.4 29;22 32:22.23 33.13.24 345 40.25 41:142:25 58:21.23 59.9,lO 61:8 62,15 71.14 75:6 79.6,17 81:i 81:18,21 83:4 8513 91:3 95:9 95: 16 97: 17 100:20 1 10:,70 116:l 123:3,4,7,9 12320 124:s 125:5,9 1,7624 131:s 158:3 163:13 16921 17012 171.15 176:17 179.10 180:6 184:lO 190:4,7,12,13,17 1W21 191517 191:18.21 192:l 1 92: 15.1 8 193:2,; 194-23

)them 69'18 ,thenvise 157.6 )urselves 93.14 )ut 12,s 13;s 17:l.J

29i17.18 33;lO 3k4 46.5.8 47.12 53:14 62.3 73:11 75.4.10 76:13 77.15 83.11 93.1 93.15 98:21 107;15 110.16 122~19 126:21 127:1,4.9 128:13 131:E 136:lO 145:13 1624 17219 185:3 18895 193:1,4 19424

lutgoing 180: 17 Nutline 10.22 1 2 3

158:6 18124 utlined 20: 15.24 22:17 2311 4013 44:s 111:l 158.5,

utlines 180:24 utside 25.20 30-15 67.8 73:15 74.18 7420 79: 12 8033 82:25 9315 9412 97: 15.18 99; 17.1 9 163:8 184:21

- . . _ _ - -

185.13 over S:7 11:18 12:!

375 45.2 49:9,1( 65:8 78:19 101:6 121;12 l28:lJ 129.23 132:20 155:15 156:8 166:13 168:ll 187:7

overseeing37:18,1' 63.10 171.14

oversight 8;24 own 53:5.9 622:

63:l 75:16 77:17 7725 79:7 8 0 2 80:14 932 9524 96:lO 97:9 9924 100:14,18 log:?? 14823 173:9 19125 19424

owned 8:7 73:7 78:24 81:3 12291 126.19 17013 l~O:4,13.17.21.24 191 418.2 1 192: 1 192.1S,18,2S 193.7 195- 12.15 195*18,19

Iwner 144.4 iwns 73:4 78:20

79:13 12523 b'clock 197:2

D

iackage 54.25 55.3 iackaging 148.20 iage 3:2 48.25 6J:2

70;12 144.18 145:8,9 147: 19 15214 153:17.20 155:7 174:13 175:1,22 180:9 187:12,13 188:9 188: 12.1 7

agers 167 ages 186: 19,2 1,22

aging 1F23 almetto 292 aper 113:16 aragraph 70: 19 106:15.16 133:17

aragraphs 68: 1 1 69.2

arent 126: 1,18,19 126i20.23

arish 29:6 ark29:6

198: 14

part 1R:23 65-19 101.12 11W 144.25 148:20 156:4 162.14,17 162:18 163.3 170:24 181:25

participation 69:8 particular 7:9

38311 102;lO 113.9 172:18 178.19 188:12

particularly 87:ll parties 47,12

198: 17,18 partition 112:21

113:l 114:16,18 1154 117:E

partitioned 11213 11 5: 16,213 116:7,12.15 1175 117:16

114:25 116:25.25 3artitioning 113~3

,artitions 115:9 ,arts 161:lO ,arty 60: 13 ,ass 133:23 134.6 msed 96.16

133.22 1345,lO 135:22 182:3,19

124;6 125;11.14 bassengem 16:2

bassing 140:16 bast59115 69:l

139:19,19 1865 bastries 122:6

123.18 bath 77:lO iathway 74 15,23

75:lO 77:5,6,8,22 101:6

lathways 8221 93 ;2 9924

'ause 86: 13 lay73:22 81:14,21 86:4 109:12 110:23 121:4 127:6 129:l 131:22 132.1 134.6,IO 142:22 168:20 182:4 18401-7

111-17 143:3 185: 1

ayment 143: 15 1446

ayments 14:2

aying 86.3 111:8,9

pays 135.22 PBX 75*3,9,9,12

76.23 77:22,24,25 78.6,7,13.14,18 79.1,7,13 802,14 80:15,18,19 8 1:3 82:2l 8424 93:2 93:9 95:8.23 97; 1 97;6 985.19 99.1S.24 101.24 102:2.10,2021 103:22 105.22,24 104:25 1058 107.9 113:20 114.5.7 115.18 117.20,20 145.4 145:13,14 160:18 160:25 161:6 174:l 18423.24 185:3

18~13 2213.13 21: 11.1 7,18,21 2 4 1,9.9

PCs 15:16 Pedro 179.12 18.6

19:24 20:3 31:2 63:14 6424 69:7 86.20 89.18 90:25 91:3,19 94.1 1W:3 108317 116:3 118:19 14S;6 154:3 166:22.25 191 :1.1 191:4

,en 113:17 Bending 47.17 Benthouse 164.17 wople 10.7.25

11:25 12:3,4 1412.14 122:2 125:3 151:13.19 1523 185:24 1865

ber 153:11,24,25 167:7,8

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195:9

PC 1213 15:11

tercentage 165.11

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performance

performed 28-2.3 perhaps 3 1 6 46: 1 period 49*6,10

176.1 177:15.17 permits 126:24

127:J person 10:8 t 1:22

12.23 19.17 22.21 37,lO 91,3 95.12 99:20 1 18:19 1413 142:14 147.14 190.16

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1052

-_ -- -. -


PSC 5080

Page 214

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1385 151:8 153:s _ _ - __ -. _.


PSC 5081

Page 2 15 ~~

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- -. ..

KRESSE 8: ASSOCIATES. INC. (305) 371-7692

PSC 5082

Page 216 ~~~ ~

93-19 96:13 99:4 135.2 196:19 198.7

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- - - -

KRESSE 6: ASSOCLATES, TNC. (305) 371-7692

PSC 5083

Page 2 17

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KRESSE 8: ASSOCIATES, INC. (30.5) 371-7692

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KRESSE &. ASSOCIATES, INC. (305) 371-7692

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PSC 5087

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workstations 1 OS 3 world 97: 16 124- 18 Worldcom 179.10

worth 149:lO vouldn't 535 93:9

97:7 138:21 150.4 155:1824 162:lO 183.13

vrite M:l 1 11 120 11k7.13

vriting 1143 vritten 33:2 mng71.19 118.8

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5412 6724 141.21 147:25,25 148-9 165,18 166.13 168:ll

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184 1

s S1.40 182.21

183.10,14,17,22 186.10

$12 160:8,14 163:6 $130 11:17 149:9 $15 168:7 $f,5,000 155: 18,21

15523 $15,864,000 167:8 $18 158:17,20,74 $2.1 167;7 $207.23 I88:6 $25,000 1SS:12

1,26:14 $4.352 l56:15 $449 150:7 $500 153.24 $60.000 153-22

155.8 156:16 $689.59 177:22 585.75 174; 17 $91 17420

0 02 148.17 152~9.12

177:15.18 187:14 187.15

D2-28688 1 :5 89:5 D3 1:s 8 9 5 119:18

1

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144 3:17 15 214 155:9,11,23

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1573:18 1663:19 17th 198: 19 172 390 174 321 177 322 18 18223 188:4 188 323 19 624 197 198:14 1982 67:13 68.12 1983 67:2Q 198725:16 1988 54:lO 1990 68:S,12 1995 22-3 1997 22:3

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2 2 3:4 8.9 24:22 55.9

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2nd 1.192.931~6 89.19

2/02 3:13 2/03 3:12 20 1976 2001 4 6 7 2002 20:11,18,23

43:6 46: 17.20.22 48: 19 49: 1 50:4 50:16 51:3 25:16 56:3 57:15 58:20 78:4 11 9 6 1195 139:89 143:19 1443.3 14225 152.22.22 174.1 9 182:23 1884 194: 15 195: 12.1 7 19522 196:6

2003 119:13.15 165;18

2004 1.22 8.1 1 20: 1924 30: 12 49: 13 56.3 61:8

W S S E Bi ASSOCIATES, MC. (305) 371-7692

61:11,14 624 89:22 165:18 19820

2007 168:6 2008 196;24 21 30:11.13 21st 3 0 19.23 22 36:22 23 3:17 144.12 24 3:18 159.22 25 3:19 36:23 2500 1772 256 176:lO 26 320 187:9 27321 187:9.10,12

187:14.19 28 322 17790

I78;6 187:13,15 187:18

29 323 46:17,22 S0:4,16 512 115:6 177:15 187.25

3 3 3-5 8:lO 7k18.19

133:15 188~17 3rd31:6 315102 3 ; S 30 148:17 152.9 300X77:lZ 101.23 305-555-1212

182.14,22 184.10 18417 185.4

33131 1:20 2.10 8920

33159-2075 2: 18

4 4 225 3:6 68: 1 I 400 1523 411 183:21 185:14

186:8

5 5 1:22 3:7 266

55:16 57.15 58.20 8922 1972

5tb30;13.23 31:s 5.57 174~24 91 176.1 5/31/02 176.1 500 1.22 55 3:4.5 555-1212 184.25

185.16 186.6 592075 2:17

PSC 5088

Page 222

6 63:s 177:lS 60 156:lO 61 3:6 62 3:7 64 3:8 66 3:Q

7 7 3.3.9 110:s 177:17

7\1/02 3-71

8 83:lO 106;13 800 1523 81.75 173;18 85.75 174:23 175: 12.17.24

9 93.11 941299.16

185 13 9311 185,13 9/30/02 15721 90 13520 91.32 17425 930 153:12 9358 188: 16 9721:19 98 2 120


PSC 5089

IN THE CIRCUIT COURT OFTHE 1 lTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

NAME DATE & TIME

BELLSOUTH TELECOMMUNICATIONSl GENERAL JURISDICTION DIVISION INC., a foreign corporation,

CASE NO. 02-28688 CA 03 Plaintiff,

LOCATION

V. NOTICE OF TAKING

MIAMI-DADE COUNTY, a political VIDEOTAPED DEPOSITION subdivision of the State of Florida,

Defendant's Corporate Representative August 5, 2004 with the most knowledge of (1) MDAD's at 1O:OO a.m. provision of. local service at County owned airports and the tenants to which such local service is provided; and (2) MDAD's statement in its Response to Interrogatory No. 3 dated March I, 2004, that "MDAD does not charge MDAD tenants for local service .I1

Defendant.

Lash & Goldberg LLP - Bank of America Tower '

100 Southeast Znd Street Miami, Florida 331 31

4 . Suite 1200

TO: David S. Hope, Esq. Assistant County Attorney County Attomey's Office P.O. Box 592075 Miami, FL 331 59-2075

Plaintiff, BellSouth Telecommunications, Inc., by and through the undersigned

attorneys, hereby gives notice that it will take the videotaped deposition of the following

person at the times and places set forth below:

PSC 5090

CASE NO 02-28608 CA 03

upon oral examination before Kresse, Valdes-Prieto & Associates, Notary Public, Court

Reporter, and Video for the Legal Profession, Videographer, or any other Notary Public or

other officer authorized by law to take depositions in the State of Florida.

The oral examination will continue from day to day until completed. The videotaped

deposition is being taken for the purpose of discovery, for use at trial, or for such other

purposes as are permitted under the Florida Rules of Civil Procedure.

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by

facsimile & U.S. mail to the above-named addressee this 21" day of July, 2004.

LASH & GOLDBERG, LLP Bank of America Tower, Suite 1200 100 Southeast Znd Street Miami, Florida 33131 Telephone: (305) 347-4040 Facsimile: (305) 347-4050 Attorneys for BellSouth Telecommunications

By: S K - P A d I MARTIN B. GOLDBERG1 Florida Bar No. 827029

In Accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodation to participate in this proceeding shall contact the Attorney ADA Coordinator, Martin B. Goldberg, at telephone number 30513474040 or telephone voice/TDD 1 /800/955-8770, via Florida Relay System, not later than five business days prior to such proceeding.

cc: Kresse, Valdes-Prieto & Associates (Court Reporters) Tel: 309371-7692 Fax: 3051371-3525 Video for the Legal Profession (Videographer) Tel: 954/920-6253 Fax: 954/920-6238

2

PSC 5091

Veto Ovemde

RESOLUTION NO. R-31-02

RESOLUTION RELATING TO TELECOIbDdUNlCATIONS, DATA NETWORK AND SHARED AIRPORT TENANT

FACILITIES; AUTHORIZING PURCHASE OF LEASED EQUIPMENT; AUTHORIZING APPROVAL AND EXECUTION

SERVICES AT MIAMI-DADE COUNTY AIRPORT SYSTEM

OENON-EXCLUSIVE MANAGEMENT ffiREEMENT WITH 5

NEXTIRAONE, LLC FOR INTERTM WO-YEAR PERIOD; AND WANING COMPETITIVE BID PROCEDURES AND PROVISIONS

WHEREXS, Miami-Dde County, Florida (the “County“) and Centel Communications

Company (“Centel”) entered into an Equipment Lease and Maintenmce Ag-eement, 3s of July 24,

1990, and retroactive to February 7, 1988 (the “ELM Agreement”) which ELM Agreement

terminates on February 6,2002; and

WHEREAS, the County and Centel also entered into a Shared Airport Tenant Service

Agreement (the “SATS Agreement”) which SATS Agreement terminates on February 6,2002; and

WHEREAS, Nextinone, LLC (‘3extira”) is the successor or assignee of Centel’s rights

and obligations (via Williams Communications Solutions, LLC)’ under both the ELM Agreement

and the SATS Agreement; and

WHEREAS, it is in the best interest of the County to acquire title to all telecommunicafions,

data network, mind common use terminar equipment (“CUTE”) hhstructure, sofiiue, kenses,

permits, and other assets as detailed on Schedule A of the ELM Agreement and Schcdule E of the ?

SATS Agreement, as of February 6,2002 (the “Assets”); and PLAINTIFF’S

Communicahons System (“WiLTel”). and 111 1997, WiIhams Comunkations Solutions, LLC was crcstcd h m tbc m g c r of Wil’per nnd Nodel C~mmunications Systems.

t

I In 1991, Centel Conundcatim Company (“Centel”) was acquired by WilTt

BS V, MDC(7) 000001

PSC 5092

AgendaItemNo. 6 ( A ) (1) (D) Page No. 2

W R E A S , an interim manager is necessary to operate, maintain, and manage the Assek,,

until a telecommunications and data network request for proposd (“‘W’) is circulated and a new

manager is selected; and

\;YHEREAs, Nextixa, as the owner and operator of the Assets, bas the personnel, technical

and product knoftrledge, expertise, and market recognition to manage the Assets,

NOW, THEREFORE, BE IT RESOLVED BY THF, BOARD OF COUNTY

C O ~ l I S S I O ~ R S OF MIAMI-DADE COUNTY, FLOFUDA, that the Board

Section 1. Authorizes the payment of $6;450,000 to Nextira, for the purchase of the

Assets, to be used and operated by or for the Miami-Dade County Aviation Department.

Section2. Authorizes the approval and execution of a nonexclusive

‘Telecommunications, Data Network, and Shared Airport Tenant Services” management agreement

(the ”Agreement”) with Nextira for an interim two (2) year period, and delegates to the County

Manager the authority to negotiate all terms and conditions necessary to consummate the Agreement.

The Agreement shall contain a random audit provision to be conducted by the OEce of the

Inspector General, pursuant to 5 2-1076(~)(6), Code of Miami-Dade County FIorida (the “Code”).

The Agreement shall 3150 contain a promion for the County to retain the smkes of an independent

private sector Inspector General U€“IG”), pursuant to Administrative Order No. 3-20. * I

Scction 3. Waives competitive bid provisions of Administrative OrderNos. 3 4 and 3-16 \

related to the procurement of professional services.

Section 4. Waives competitive bid provisions of Section 4.030) of the Home Rule

Charter and the requirementgof Administrative Order No. 3-2 in connection With the purchase b

the County for (i) Wiring, (ii) cabling, (iii) fiber optic cables and equipment, (iv) telecommunications -

k 6s V. MDC(7) 000002

PSC 5093

AgendaItemNo- 6 ( A ) (1) (D) Page No. 3

equipment, (v) telephone and data network equipment, (vi) sohare, and (vii) material and supplies,

necessary to maintain, support, operate, and expand the telecommunications, data network, and

shared airport tenant services at the County airport system facilities. Such waiver is by a two-thirds

(?4) vote of the Board members present.

The foregoing resolution was offered by Commissioner Domn D. Qolle , who

moved its adoption. The motion was seconded by Commissioner Katy Sorenson and

upon being put to a vote, the vote was as follows:

Dr. Miriam NORSO absent BmoA.Bmeiro q e Dr. Barbara Carey-Shuler aye Betty T. Ferguson Gwen Margolis absent JoeA-Martinez ?F Jimmy L. Morales aye Dennis C. Moss aYe Domn D. Rolle aye Nafacha Seijas Katy Sorenson age Rebeca Sosa aye

Javier D. Souto aye

The Chaqwson thereupon declared the resolution duly passed and adopted this 29th day of

January, 2002. This resolution shall become effective ten (IO) days after the dare of i ts adoption

unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this

Board.

David Stephen Hope

MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY comns SIONERS

HARVEY RUVIN, CLERK

E3y:&4 ? h ,K’C’A .iL -!

;

I * - . t

Deputy Clerk

PSC 5094

NON-EXCLUSIVE TELECOMMUNICATIONS, DATA NETWORK, AND SHARED AIRPORT

TENANT SERVICES MANAGEMENT AGREEMENT

e

made as of the day of in the year Two Thousand and Two.

Between the County: Miami-Dade County Florida, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, hereinafter called the "County", which shall include its officials, successors, legal representatives, and assigns.

AND THE CONTRACTOR: NEXTIRAONE, LLC 2800 Post Oak Boulevard Suite 200 Houston, Texas 77056

Which term shall include its officers, partners, employees, successors, legal representatives and assigns.

Description of the Project: Provides for the operations, management, maintenance, service, support and equipment and supplies of certain telecommunications and data network, infrastructure, hardware and software systems for Miami-Dade Aviation Department as more specifically herein.

Dated 1/22/02

'I

.c.

1

BS V. MDC(7) 000004

PSC 5095

I)‘ MEMORANDUM

TO: Honorable Chairperson and Member DATE: January 29,2002 Board of County Commissioners

FROM: Steve Shiver SUBJECT: Telecommunications County Manager Services at the Aviation

Dep-npx

RECOhIMENDATION

It is recommended that the B o d of County Commissioners (the “Board”) approve the attached resolution waiving the competitive bid requirements of Administrative Order No. 3-2 related to the procurement of commodities and services and approve in principle the non-exclusive ‘Telecommunications. Data Network. and Shared Airport Tenant Services” management agrement (“Agreement”) bemeen Mimi-Dade County, (the “County”} and NexlinOne, LLO (“Nextira”), substantially in the form attached hereto, which provides for: 1) the acquisition of, in accordance with the principles delineated in the A g r F e n t , title to all telecommunications network, data network. and common use terminal equipment (“CUTE) infiastmcture. sohare. licenses, permits, and other assets 8s described in Schedule A to the Equipment Lease and Maintenance agreement (“ELM Agreement”) and Schedule E to the Shared Auport Tenant Services agreement (“SATS Agreement”), as of February 6, 2002 for the acquisition price of $6,450,000 which will be amortized at five ( 5 ) percent over five ( 5 ) years; 2) resolution of various claims arising out of the ELM Agreement and SATS Agreement; 3) assignment to the County all existing tenant SATS and CUTE agreements entered into by Centel or its successsm or assigns with tenants at Miami Intemdonal Airport (“MIA’r) or the County’s other owned or operated g e n a l aviation airports; and, 4) Nextira to become the interim telecommunications infrastructure manager, to provide for the design, instdlation, dintenance, repair. management. and operational support services for dl voice and data network infrastructure for the Miami-Dade Aviation D e p m e n t (“MDAD”) and shared airport tenant services customers 3t MIA and the G e n d Aviation Airports (“GAAT) until a new provider is selected, but for no longer than a period of twenty:four (24) months.

Iu addition, it is recommended that the Board approve the attached resolution authorizing the ? County to make direct purchases of the following equipment: (i) wiring, (ii) cabling, (iii) fiber optic cables and equipment, (iv) telecommunications equipment, (v, telephone and data network equipment, (vi) software, and (vii) m3terid and supplies, necessary to maintain, support, operate, and expand the telecommunications, data network, and shared &-port tenant services at the County mort systems facilities. Under this system the County will purchase directIy, certain commodities as indicated by Nextira and be exempt from paying state sales taxes and mark-up

1 Nextjriiae, LLC is the successor or assignee of Centel’s rights and obligations (vi3 Williams Communintions

$

._ . -

Solutions, LLC) under both the ELM Agreement and the SATS AgreemenL c

i BS V. MDC(7) 000005

PSC 5096

Hon. Chairperson and Members Board of County Commissioners Page 2 e costs on these purchases. It is also recommended that the Board authorize, in accordance with Ordinance No. 99-63, the inclusion of a random audit provision, including the one quarter ( lh) of one percent assessment, in the Agreement. It is further recommended that the County Manager be authorized to execute the Agreement.

BACKGROUND

The County is currently under contract with Nextira. Nextira leases to the County, and "ages, operates and maintains all the teIecommunications infrastructure and services serving M I A and the GAAs at an approximate annual cost of %7,300.O00. MDAD's agreement with Nextira expires on February 6,2002.

NEGOTIATIONS

In July 2001, the Board approved Resolution No. R-852-01, approving a professional services agreement between the County and ResAvia ResAvla is providing specialzed technical and negotiation SeTYices to resolve the various claims arising out of the ELM Agreement and SATS Agreement entered into behveen the County and Nextira. and to negotiate a buy-out and new agreement with Nextira to allow MDAD an opportunity to finalize its long term voice and data telecommunications strategy.

INTERIM MANAGER FOR TELECOhlMUNICATIONS INFRASTRUCTURE

MDAD is simultaneously working to develop a request for proposal (9W'") to award a contract to a service provider to serve as the manager of the telecommunic3tions inhtructure. Due to time constraints, the County will not be abIe to award this contract before February 6,2002, when the Nextira contract expires. To assure the uninterrupted operation of the County airports, ResAvia, MDAD and the County Attomey's Office negotiated a proposed management agreement type contract (the "'Agreement") with Nextira, to retain it as manager of the installed telecommunications ink&ructure based upon Cbunty ownership of the equipment as further described below:

PROJECT LQCATION:

1

Mi& International Airport and General Aviation Airports

PROJECT DESCRIPTION: Provides for the operations, management, maintenance, senice, support and equipment and supplies of the telecommunications and data, infktructure. hardware and software systems for the MDAD and the shared airport tenant services customers at Miami Inta~ationd Airport and the General Aviation Airports. The scope of services includes the management of the shared airport tenant. services for the County, including CUTE, to tenants and users at the Airport. In addition, Nextb will be

BS V. MDC(7) 000006

PSC 5097

Hon. Chairperson and Members Board of County Commissioners

FRM:

LOCATION OF FIRM:

TERM OF AGREEMENT:

AMOUNT OF AGREEMENT:

required to implement a transition program, one hundred and twenty (120) days prior to the expiration of the term of this Agreement, to ensure that either the new vendor selected as a result of the RFP process or MDAD’s operating and maintenance personnel are trained in all aspects of the telecommunications and data infktructure.

NexfiraOne,*LLC ’

Houston, Texas

The Agreement shall be for a duration of twenty-four (24) months. The County may termhate the Agreement with or without cause on thirty (30) days written notice to Nextim, provided however. the Agreement shall have a minirnum tam of eighteen (1 8) months unless terminated earlier for cause.

Comuensation to the Contractor

One-Time Acquisition Price:

Acquisition of the telecommunications, data network, and CUTE inhtructure, software licenses, permits, and other assets in Schedule A to the ELM Agreement and Schedule E to the SATS Agreement of $6,450,000 wbich will be amortized at five (5) percent over five (5) years.

Fixed Mmapement Fee:

This Agreement provides for a fixed management fee of.%6,144.067 for thc first year. which includes overhead and profit, std€ transition costs, vendor agreements and spare parts carrying charge.

The compensation for the second year is based on this Management Fee as adjusted by the budgeting proccss that incorporates the rcquiremcnts of the Capital Improvement Prograrn (CIP) and the change in the Consumer Price Index (CPI) for the salaries of *c p ” n % s t . ’

1

3

PSC 5098

Hon. Chairperson and Members Board of County Commissioners Page 4

e . -

.

Variable Costs:

The Agreement also provides for the variable costs, when authorized by the Department, and includes: I ) the procurement of parts, materials and software ($2,680,000), 2) On-call after hour services ($273,000), and 3) subcontractor services for wiring installation and maintenance, as necessary ($.899;414).

SATS Revenue:

Per the SATS Agreement, last year MDAD received $267,000 which was baed on ten (10) percent of gross revenues. Under this new Agreement, MDAD will receive all SATS gross revenues which last year was $2,670,024. This revenue is expected to increase based on new marketing initiatives presentIy under development.

ComDensrtion to the Countv

The Contractor will pay to the County the sum of $1 10,000, on February 6,2002, on account of excess space occupied without lease by the Contractor in Buildmg 3030 at MIA for the period fbm November I, I997 to and including February 6,2002.

RECOM&E"ED CONTRACT MEASURES: No measure

USING AGENCY: Miami-Dade Aviation Department

FUNDING SOURCE: Miami-Dade Aviation Department Operating Budget for Consulting Services and Aviation Revenue Bonds. 8

APPROVED FOR LEGAL SUFFICIENCY: Yes

CONTITVGENITk' PLAN

As reported to the Board at its December 18,2001 meeting, in the event that the negotiations with N e x h fail and no agreement is reached by the contract expiration date, the Department has a contingency plan to assure continuity in the provision of telecommunication services.

7

BS V. MDC(7) 000008

PSC 5099

Hon. Chairperson and Members B o d of County Commissionen Page 5

SUMMARY

In summary, our preferred outcome is a negotiated buyout of the teiecommunications equipment and infrastructure, retaining Nextira for a limited time to act as manager of the teIecommunications infrastructure, and obtaining a long-term contract for teIecommunications inhtructure management through a competitive request for proposal. In addition, the above recommendation begins the implementation of MDAD's long-term, cost-effective strategy to enable better management and control of our telecoxnmunications infrastructure. In the aItQfratile, MDAD has a plan to'conhue services withbut Negtira wliiIe procurement processes and legal remedies are undertaken.

Attachment

BS V. MDC(7) 000009

PSC 5100

8 MEMORANDUM

TO: Honorable Chairperson and Members DATE: January 2 9 , 2002 Board of county commissioners

- County Attomey

Please note any items checked.

"&Day Rule" (Applicable if raised)

6 weeks required between f i t reading and public hearing

4 weeks notification to municipal officials required prior to public hearing

Decreases revenues or increases expenditures without balancing budget

Budget required

Statement of fiscal impact required

Statement of private business sector impact required

Bid waiver requiring County Manager's written recommendation

Ordinance creating a new board requires detailed County Manager's report for public hearing

0

"Sunset" provision required

Legislative findings necessary

1

c

PSC 5101

TABLE OF CONTENTS

Page

INTRODUCTION ............................................................................................................ 2 ARTICLE 1 - DEFINITIONS ......................................................................................... 2 ARTICLE 2 - ABBREVIATIONS ................................................................................... 6 ARTICLE 3 - NON-EXCLUSIVE AGREEMENT ......................................................... 10 ARTICLE 4 - SCOPE OF SERVICES ......................................................................... 10 ARTICLE 5 - OFFICE SPACE AND PARKING ARRANGEMENTS ........................... 30 ARTICLE 6 -

REQUIREMENTS ................................................................................... 32

INVENTORY ........................................................................................... 44

ARTICLE 10 - AIRFIELD OPERATIONS AREA ('AOA") SECURITY .......................... 53 ARTICLE 1 9 - BUDGETING. MEETINGS AND REPORTS ......................................... 56 ARTICLE 12 - PAYMENTS AND COST REIMBURSEMENTS .................................... 60 ARTICLE 13 - SOF-TWARE LICENSE ......................................................................... 67 ARTICLE 14 - NATURE OF THE AGREEMENT .......................................................... 69

ARTICLE 16 - TERM OF AGREEMENT ..................................................................... 70 ARTICLE 17 - CONTRACTOR REPRESENTATIONS AND WARRANTIES ............... 70 ARTICLE 18 - PROJECT MANAGER AND RESOLUTION OF DISPUTES ................. 71 ARTICLE 19 . COUNTY EXPENDITURE AUTHOR1 Pl ............................................... 72 ARTICLE 20 - SUBCONTRACTUAL RELATIONS ...................................................... -73 ARTICLE 22 - PROPRIETARY INFORMATION .......................................................... 75

ARTICLE 25 - ACCOUNTING RECORDS AdD AUDIT PROVISIONS ........................ 77 ARTICLE 26 - IPSIG AND INSPECTOR GENERAL REVIEWS .................................. 78

AND AFFIRMATIVE ACTION ................................................................ 78

PERFORMANCE STANDARDS AND JOB SITE

PROCUREMENT OF MATERIAL, EQUIPMENT AND

WARRANN .......................................................................................... 48 PERSONNEL ........................................................................................ 48

ARTICLE 7 - ARTICLE 8 - ARTICLE 9 -

ARTICLE 15 - MANNER OF PERFORMANCE ............................................................ 69

ARTICLE 21 -ASSIGNMENT ...................................................................................... 74

ARTICLE 23 . PROPRIETARY RIGHTS ...................................................................... 75 ARTICLE 24 - CONFIDENTIALITY .............................................................................. 77

ARTICLE 27 - EQUAL EMPLOYMENT OPPORTUNJJY NONDISCRIMINATION

ARTICLE 28 - INDEMNIFICATION ...................,..............,.....,........-........-............. 81 82

ARTICLE 30 - INSURANCE ......................................................................................... 82 ................................ ARTICLE 29 . PATENT AND COPYRIGHT INDEMNIFICATION

ARTICLE 31 - PERFORMANCE AND LIQUIDATED DAMAGES ................................ 84 ARTICLE 32 - TERMINATION AND DEFAULT PROVISIONS .................................... 84 ARTICLE 33 - FORCE MAJEURE ................................................................................ 89 ARTICLE 34 - CONFLICT OF INTEREST .................................................................... 90

*

\

ARTICLE 35 - MISCELLANEOUS PROVISIONS ........................................................ 91

Dated 1/22/02

0 BS V . MDC(7) 000011

PSC 5102

TABLE OF EXHIBITS

EXHIBIT 1 - CD BUILDING 3030 AND CD MAIN TERMINAL SOURCE BOOKS

EXHIBIT 2 - EQUIPMENT LOCATIONS TO BE MAINTAINED AND SERVICES TO BE PROVIDED

EXHIBIT 3 - STATION LISTING

EXHIBIT 4 - OFFICE SPACE

EXHIBIT 5 - PRELIMINARY BUDGET ESTIMATE

EXHIBIT 6 - AGREEMENTS WITH VENDORS

EXHIBIT 7 - SATS AIRPORT RENTAL AND CUTE AGREEMENTS, SOFNVARE LICENSES, AND PERMITS

AlTACHMENT NO. 1 - MDAD SINGLE EXECUTION AFFIDAVITS AND CERTIFICATIONS

(ii) Dated 1/22/02 1

BS V. MDC(7) 00001 2

PSC 5103

NON-EXCLUSIVE TELECOMMUNICATIONS, DATA NEWORK, AND SHARED AIRPORT TENANT SERVICES MANAGEMENT AGREEMENT

THIS MANAGEMENT AGREEMENT (the "Agreement") is made this day of , 2002 by and between MIAMI-DADE COUNTY (the "County"), a political subdivision of the State of Florida, by arid through its Board of County Commissioners (the "Board"). and NEXTIRAONE, LLC (the 'Contractor") a Delaware limited liability,,corporation, authorized to do business in the State of Florida. .

WHEREAS, the County and Centel Communications Company ('Centel") entered into an Equipment Lease and Maintenance Agreement, as of July 24,1990, and retroactive to February 7, 1988 (the "ELM Agreement") which ELM Agreement terminates on February 6,2002;

WHEREAS, the County and Centel also entered into a Shared Airport Tenant Service Agreement (the "SATS Agreement") which SATS Agreement terminates on February 6,2002;

WHEREAS, NextiraOne, LLC is the successor or assignee of Centel's rights and obligations (via Williams Communications Solutions, LLC) under both the ELM Agreement and the SATS Agreement;

WHEREAS, negotiations were undertaken between the County and the Contractor (collecbvely, the 'Parties") to: (I) resolve various claims arising out of the ELM Agreement and SATS Agreement, and (ii) negotiate the acquisition of the voice and data infrastructure and systems. hardware and software. and permits and licenses necessary to provide telecommunications and data network services, and shared airport tenant services at Miami International Airport ("MIA") and its other owned or operated general aviation airports from the Contractor;

WHEREAS, the County will acquire, in accordance with the principles delineated in this Agreement, title to all telecommunications, data, and common use terminal equipment ("CUTE") infrastructure, software, licenses, permits, and other assets as detailed or used in connection with the ELM Agreement or to provide services pursuant to the SATSO Agreement as described on Schedule A to the ELM Agreement and Schedule E to the SATS Agreement, as of February 6,2002;

WHEREAS, Contractor will assign to the County all existing tenant SATS and CUTE agreements entered into by Centel or its successors or assigns with tenants at MIA or its other owned or operated general aviation airports;

WHEREAS, it is the County's intention to issue a Request for Proposal ("RFP") for the Miami-Dade Aviation Department's (YMDAD") telecommunications requirements; and

WHEREAS, the Contractor has agreed to become t h e interim telecommunkations 1

Dated 1/22/02

BS V. MDC(7) 000013

PSC 51 04

infrastructure manager, to provide for the design, installation, maintenance, repair, management, and operational support services for all voice and data network infrashcture for MDAD and the shared airport tenant services ('SATS") customers at MIA in order to assist the County until the new provider is selected.

NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the COUNTY and CONTRACTOR hereby agree as follows:

INTRODUCTION

The Parties acknowledge and agree that the County will acquire from the Contractor title to all telecommunications, data, and CUTE infrastructure, software, licenses, permits, and other assets as detailed or used in connection with the ELM Agreement or to provide services pursuant to the SATS Agreement (each agreement as of February 6,2002). as such assets are described on Schedule A of the ELM Agreement and Schedule E of the SATS Agreement and the Contractor will assign to the County all existing SATS and CUTE agreements entered into by Centel or its successors or assigns with tenants at MIA or other County owned or operated general aviation airports. All remaining disputes and claims, with the following exceptions, between the Parties have been satisfied upon execution of this Agreement and complete payment of all outstanding amounts and obligations. The Contractor agrees to provide reports of shared tenant services revenues due to the Department, audited by the independent certified public accounting firm approved by the Department and in the format required by the Department. for the contract years ended February 6.2001 and 2002. The Contractor and the County also agree to ;ernit to the other all amounts shown as due in those audited reports.

ARTICLE 1 DEFINITIONS

1

The following words expressions used in this Agreement shall be construed as follows. except when it is clear from the context that another meaning is intended:

1.1 Acceptance Date: Shall refer to February 6, 2002.

1.2 Accept or Acceptance: Is defined as complying in all material respects with manufacturer's pu bfis hed specifications.

1.3 Airport: Any of the airport property in Miami-Dade County, Florida, which the County owns and operates, which presently includes Miami lntemational Airport ("MIA"), and the following general aviation airports ('GAA"): (i) Kendall Tamiami Airport; (ii) Homestead Airport; ( i i i ) Opa-Locka Airport; (iv) Opa-Locka West Airport; and (v) Training and Transition Airport-

Dated l l tZlQ2

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PSC 5105

1.4 Agreement: This non-exclusive telecommunications, data network, and shared airport tenant services management agreement between the County and the Contractor, including all of its terms and conditions, attachments and exhibits, Amendments, and work orders issued by the County.

1.5 Amendment: A written, signed, and approved by the authorized party or his or her designee, modification to this Agreement, executed by the Contractor and the County covering changes, additions, or reductions in the terms of this Agreement.

1.6 Board: Board of County Commissioners of Miami-Dade County, Florida

1.7 Business Day: Monday through Friday, excluding Contractor's Holidays. The Contractor shall provide the County a list of such holidays annually.

1.8 CAD Manager: Shall mean the manager of MDAD Technical Support.

1.9 Calling Services: ShaH mean the mechanical process of placing, timing, and pricing each long distance or otherwise chargeabfe telephone call placed with a canier or other suitable means and for which the County charges a resale fee to the equipment user.

1.10 Contractor: The named entity on page 1 of this Agreement.

1.1 1 Contractor Holidays: The Contractor's calendar year 2002 holiday schedule - New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. The Contractor Holidays are subject to change for calendar year 2003 at the sole discretion of the 0 Contractor.

1.12 Contractor Project Manager: Shall refer to Contractor's assigned Project Manager to oversee all telecommunications aspects as is determined and defined within this Agreement. The Contractor shall from time to time provide written notice to the County designating the assigned Contractor Project Manager.

l'.f3 County: Miami43ade CounQ acting through the Department.

1 .f4 County Manager: County Manager of Miami-Dade County, Florida.

1.15 Days: Calendar days.

I .16 Department: Miami-Dade Aviation Department ("MDAD"), a department of Miami- Dade County, represented by and acting through the Director or his or her designee(s).

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1.17

1.18

1.19

I .20

I .21

I .22

1.23

1.24

I .25

I .26

1.27

Director: The director of the Miami-Dade Aviation Department or authorized representative(s) designated in writing with respect to a specific matter(s) conceming the Services.

Documentation: Is defined as all records, procedures, schematics, diagrams, and manufacturer and Contractor manuals customized or created specifically for the County.

Equipment: Is defined as all telecommunications and data information systems products purchased from or serviced by the Contractor pursuant to this Agreement. Equipment shall also include hardware, Software, licenses. and permits.

Equipment Charges: Shall mean all charges including Rat rate local telephone service, related to the rental, sale, or provided equipment serviced from the Airport’s System to MIA tenants or users, other than MDAD.

Existing System: Shall have the meaning provided in Section 4.B(i) in Article 3.

Gross Revenues: Shall mean all moneys paid or payable to, or consideration of determinable value received by the County from Calling Services and/or Equipment Charges paid by tenants and users of SATS provided at the Airport, for transactions or telecommunications services provided or rendered in connection with such calling sewices and/or equipment, for connection to the public telecommunications network, regardless of when or where the order therefore is received, or the goods delivered, or services rendered, whether paid or unpaid, whether on a cash or credit basis, or in consideration of any other thing of value.

MAC: Is defined as move, add, change work performed by Contractor pursuant to proper authorization from the County.

Maintain: Preventive maintenance. repair or replacement, as deemed appropriate in Contractor‘s reasonable business judgment, of any installed equipment with the understanding that the Contractor will provide the labor and the County will supply the equipment.

,

Manager: The manager of MDAD Information Systems and Telecommunications Division. The County shall from time to time provide written notice to the Contractor designating the assigned Manager.

Notice to Proceed: A written notice to proceed issued by the Project Manager authorizing Contractor to proceed with the work described in this Agreement.

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Personal Property: The property owned by Contractor and not included within the Equipment, including but not limtted to office equipment, test equipment, and office

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psc5107 1

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1.29

1.30

4.31

1.32

1.33

1.34

1.35

1.36

Project Manager: The chief of the MDAD Telecommunications Section, or his or her designee. The pn’mary responsibilities of the Project Manager are to coordinate and communicate with the Contractor and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement. All parties may rely on the instructions or determinations made by the Project Manager; provided, however, that such instructions and determinations do not change the Scope of Services or modify the terms and conditions of this Agreement. The County-shall from time to time provide written notice to the Contractor designating the assigned Project Manager.

Reimbursable Expenses: Those expenses delineated in the Payments and Costs Reimbursable article, of this Agreement which are separately approved by the County that are incurred by the Contractor in fulfillment of this Agreement.

Risk Management Division: A division of Miami-Dade County, with offices in the Stephen P. Clark Center, 111 N.W. 1’‘ Street, Miami, FL 33128.

Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement.

Shared Airport Tenant Service (“SATS”): The provision of service which duplicates or competes with local service provided by an existing local exchange telecommunications company and is furnished through a common switching or billing arrangement to tenants by an enhty other than an existing local exchange telecommunications company.

Software: Is defined as any set of one or more computer or telephone system programs which is composed of routines, subroutines, concepts, processes, algorithms, formulas, ideas, or know-how severally owned by or licensed by the County andlor any one of its suppliers, regardless of the particular delivery media in or on which such intangible assets may be embodied. Software shall also include any corrections, patches, updates, or revisions to Software originally provided.

Sub-system: The integrated systems, including mice mail, automated attendants, automatic call distributors, customized control routing, power supplies, remote access devices, battery back-up units, integrated voice response, unintermptible power supplies, and any related and embedded Software reporting products so designated by the County.

System: The telecommunications system, which may include Equipment, switches, Sub-Systems, related Software, and peripheral equipment As used in this Agreement, the terms System and switch have equal meaning.-

Tenant: Shall mean an$ individual, company, or business located at any of the .p

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PSC 5108

MDAD Airports under lease with the County or MDAD or otherwise engaged in tl. activities of serving Airport users, passengers, or the movement of cargo.

1.37 Unsatisfactory Work: Work or performance that is defined as failing to comply in any material respect with the manufacturer's published specifications, or to the scope of work as defined by either MDAD or a SATS customer in its work order.

ARTICLE 2 ABBREVIATIONS

The following abbreviations when used in this Agreement shall be construed as follows, except when it is dear from the context that another meaning is intended:

ABBREVIATION EXPLANATION OF ABBREVIATED TERM

- AFF Above Finished Floor

ASM Airport Systems Manager

ATB

ATM Asynchronous Transfer Mode

AWG American Wire Gauge

Bellcore Bell Communications Research

Automatic Ticket and Boarding Pass Printer

BHCA Busy Hour Call Attempts

BlCSI

BGR Boarding Gate Reader

BTP Bag Tag Printer

CAD Computer Aided Design

CIP Capital Improvement Program

ccs Centum Call Seconds'

Building Industry Consulting Service lntemational

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PSC 5109

Check-In Counter A "ticket counter" which is used for departure control but not ticket purchases. The only difference between a check- in counter and a ticket counter is the use (hardware complement shall be the same for both)

Customer Shared Tenant Services user

CRC CallReceipGentw, &ailable twenty-fair (,24woursa day and seven (7) days a week, that usem can access to report troubles associated with their voice, data and network services. Access to the Call Receipt Center can be by telephone, e-mail. or any other oral or written request.

CUTE Common Use Terminal Equipment

DCS Departure Control System

DOC Document Printer

EIA Electronics Industry Alliance

FlDS Flight Information Display System

FDDl Fiber Distributed Data Interface

Gate Counter Counter used for passenger check-in located in the gate area, typically containing two workstations, one boarding pass printer, one bag tag printer, and one general purpose printer

GPS

GUI

HVAC

IACS

ICEA

Dated 1/22/02

Global Positioning Satellite

Graphical User Interface

Heating, Ventilation and Air Conditioning

Integrated Airport Communications System

Insulated h b l e Engineers Association

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m I D F

IMO

I PE

IS0

IVR

Jetway Podium

LAN

LBS

MIA

MDF

Intermediate Distribution Frame

Information Management Outlet

Intelligent Peripheral Equipment (Nortel's term)

International Orga_nization,foc Standardization -

Interactive Voice Response

Podium used for boarding passengers located at the entrance to the Jetway. These podiums will have a workstation and a boarding pass reader

Local Area Network

Local Boarding System - Application which provides for passenger reconciliation via a boarding gate reader

Miami International Airport

Main Distribution Frame

Mean Time Between Failure

National Electric Code

NET National Institute of Standards and Technology

OSHA Occupational Safety and Health Act

OTDR Optical Time Domain Reflectometer

MUFIDS

PBX, PABX

PDS Premises Distribution System

PNL Passenger.Name List

Multi-User flight Information Display System

Private Automatic Branch exchange, (Telephone Switch)

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PSC 5111

POS

QBE

REA

SNMP

SATS

- TAMS

Tenant

TDR

TIA

Ticket Counter

TP - PMD

UPS

ws

Point of Sales

Query By Example

Rural Electrification Administration

Simple Network Management Protocol

Shared Airport Tenant Service.

Total Airport Management System

Shared Tenant Service Customer

Time Domain Reflectometer

Telecommunications Industry Association

Counter used for departure control and ticket purchases. Typically, has two workstations, one boarding pass printer. and one bag tag printer

Official name for CDDl (-Copper Distributed Data Interface”)

Unintermptible Power Supply

Workstation

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PSC 5112

ARTICLE 3 NON-EXCLUSIVE AGREEMENT

Notwithstanding any other provision of this non-exclusive Agreement, the County is not precluded from retaining or utilizing any other contractor or its own staff to perform any services within the contract limits defined in the Agreement. The County may elect to competitively bid and contract any infrastructure or system additions and changes, including, but not limited to I ) outside plant extensions, 2) major changes in network architecture, 3) inside plant work associated with new facilities, and 4) other telecommunications infrastructure changes. The Contractor shall have no claim against the County as a result of the County electing to retain or utilize such other mntractor(s) to perform any such services, provided that the County shall instruct all other contractor(s) that they must not act in a way which would disrupt or interfere with Contractor's performance of its duties, and take all other reasonably possible steps to avoid any such disruption or interference.

ARTICLE 4 SCOPE OF SERVICES

1. General Requirements and Services to be Provided

The Contractor shall provide for the design, installation, maintenance, repair, management and operational support services for all voice and data network infrastructure for MDAD and the SATS customers at the Airport. The scope of services includes the provisioning of voice and data network services and maintenance of existing and future voice and data network infiastructure equipment and facilities, at the Airport, and the management of SATS for the County, including CUTE, to Tenants and users at the Airport. The Parties agree that this scope of services describes the Contractor's obligations and responsibilities, and is deemed to include labor, materials, equipment, and tasks as and to the extent set forth in this Agreement

The Contractor will be required to provide the following (the "Scope of Services"):

A. Manage the existing voice, data, CUTE and network infrastructure, and maintain records as required by MDAD, including but not limited to, equipment and cable plant, record keeping of work order activity, equipment inventory, telephone number inventory, number dialing plan, key sheets, and cable management to the IDF level for existing structure installed prior to February 7, 2002 and to the jack level for installations completed after February 6, 2002.

B. Manage the turn-key installation of new voice, data and nehnrork services such as user training on equipment provided, project scheduling, appropriate billing to MDAD, billing user customers for services, and also for the specified Equipment, including when specifically requested by appropriate work order, needs assessment, system design, procurement of equipment and parts, Documentation, record keeping and inventory, and any other functions related to the provisioning of the

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PSC 51 13

C

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se rvi ces . Execute work orders and the work associated with these work orders for new services or routine installations, and for moves, adds and changes from MDAD.

Upon receipt of an appropriate work order, provide to MDAD proposals at MDAD requested level of detail outlining cost to MDAD and schedules for larger installations where additional equipment or cable infrastructure is required. Coordinate with MDAD assigned Project Manager for the implementation of the services required - Resolve all troubles and outages involving Services in a timely manner, following the priorities established in this Agreement, to minimize disruption, reduced performance level, and interruption of Services.

Operate and manage a CRC, available twenty-four (24) hours a day and seven (7) days a week, that users can access to report troubles associated with their voice, data and network services. Access to the CRC can be by telephone, email, or any other oral or written request.

Perform industry standard andlor vendor recommended preventive maintenance on all voice, data and network Equipment and Systems in an effort to prevent malfunctions.

Perform periodic traffic studies to properly size trunking facilities, data network utilization for the backbone and individual segments, and provide written reports to MDAD.

The County and the Contractor shalt joinHy work on a plan for disaster recovery and develop contingency plans for major outages, utilizing the Contractor's off-premise resources as required to mitigate the problem.

Conduct periodic meetings or as required by MDAD to inform the Department on service issues, and the status of pending work on projects.

The Contractor shall not provide communications services toother entities using the MDAD telecommunications infrastructure without the written consent of MDAD. Dunng their respective work hours, Contractor's on-site employees shall only engage in activities on behalf of MDAD and the SATS customers of the Department as provided in this Agreement.

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2. Existing Telecommunications Infrastructure

A. Voice Equipment and Senn’ces 0 The scope of work for the voice service includes the existing voice services currently provided at the Airport as detailed or used in connection with the ELM Agreement or to provide services pursuant to the SATS Agreement as desctibed on Schedule A to the ELM Agreement and Schedule E to the SATS Agreement. as of February 6,2002. This consists of: (i) two (2) Nortel81Cs, (located in Building 3030 C wing, and in the Concpurse E switch room E2386 (collectively, the “Core Rooms”)); (ii) the telephone equipment (Option 11s and the Norstars) located around MIA: and (iii) the telephone equipment (Option 11s and the Norstars) located at the Opa Locka, Kendall-Tamiami, Homestead general aviation facilities (reflected in the current Voice Topology Drawing), and the Homestead Air Reserve Base.’

The number of ports in use are currently:

0 Meridian PBX, Option 81 located in the Terminal Building: 2,990 ports in use

0 Meridian PBX, Option 81 located in Building 3030: 908 ports in use

0 Eight (8) Intelligent Peripheral Equipment (IPE) systems located in 8 different locations: - Served from terminal PBX: 1,760

1,404 - Served for Building 3030 PBX:

Total 7.062 ports in use

B. Data Network

The scope of work for the data network inFludes the existing data network currently provided at the Airport, interface with the new security network, all CUTE equipment, and the associated CUTE network.

The existing data network at the Airport (retlected in the current Network and CUTE Topology Drawing) consists of a fiber optic ring interconnecting eight (8) Centillion 100 switches. These hubs are located in equipment rooms located in Building 3030, Building 5A, Building 7 0 0 , the Cargo Clearance Center (.CCC“), the Satellite Building, the Landside Administrative Offices on the Ground Floor of the Dolphin Garage, the Concourse C computer room. and the fourth floor Terminal equipment room. The network includes eighteen (18) Nortel5OOONT boxes, six (6) Nortel5000BH boxes and twenty-one (21) 450 switches. The network also consists of two (2) Nortel BCN ATM routers located in Building 3030 and the Concourse C computer room. This network Will be eventually interconnected with the new security network (“New Security Network”) and the CUTE network, effectively

t

See attached Exhibit 1 for the CD Building 3030 source book and the CD Main 1

* Terminal source book.

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PSC 5115

producing one logical network.

The installed network conforms to IEEE 802.3 and IEEE 602.5 standards for switching. 0 The installed switches are capable of concurrent switching of all protocols specified in this Agreement, and support dual mode FDDI, Token Ring (IEEE 802.5,4 and 16 Mbps), AUI Ethemet (IEEE 802.3, lOBaseTX and IOOBaseTX), and Asynchronous Transfer Mode (“ATM”) media connections.

i. The Local Area Networks conforms to the following standards:

a) IEEE 802.3 lOBaseT, lOOBaseT b) IEEE 802.5 16 Mbps Token Ring c) ANSI X3T9.5 FDDI d) ATM Standard

i i . The installed network has the capability to interface with and will conform to the following networking protocol standards:

a) TCP/IP (RFC 793 I RFC 791) b) OSl(lS0) c) IPXISPX (to be phased out with Novel IP) d) ATM

The installed network conforms to IEEE 802.3 and IEEE 802.5 standards for transparent routing. The installed routers are capable of routing all protocols specified in this document, and support dual mode FDDI, Token Ring (IEEE 802.5, 4 and 16 Mbps), AUI Ethemet (IEEE 802.3, 1 OBaseTX and 1 OOBaseTX), and ATM media connections.

C. Cute Network

The CUTE network consists of 175-200 CUTE terminals and network, the airline terminal emulators, an interconnecting network and wide area network links to airline reservation system host computers, includes preventive maintenance on CUTE printers.

3. Future Plans*

Exhibit 2 identifies all Equipment at locations to be maintained and Services to be provided under this Agreement, if and when the future expansions and projects described therein are implemented and ready to receive the services. Based upon County requirements, new Equipment or locations may be added. As new Equipment items or locations are added to the MDAD telecommunications infrastructure, the items will automatically become

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It‘ is“ not‘expacted that” tMSe -services will - be9mpfemente‘d during H e term of- Agreement. 1

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a part of this Agreement upon written mutual agreement of both the County's Project Manager and the Contractor.

Future planned expansions or projects at this time that may impact the services requested are:

A. The Premises Distribution Svstem IYPDSnl.

This is a planned cabling/distribution system that runs throughout the Airport. The PDS will provide a new cabling infrastructure, required for all telecommunications systems to effectively communicate. It will also provide the physical connections for access to existing legacy systems, the wide area network, and the lntemet The POS will consist of single-mode and multimode fiber optic cabling; copper cabling (enhanced Category 5 UTP) and possibly infrared, wireless or other distribution materialdmedia such as, color spectrum fiber optic switches. The PDS will utilize Information Management Outlets ("IMOs"). which consist of two (2) voice and two (2) data jacks (all RJ-45 modular jacks). In addition, the PDS will be designed to accommodate the Department's anticipated future growth requirements. The scope of work includes the management of the proposed PDS and the associated cable management system. The scope of work includes the data entry of 'as built". or other drawings or documentation information into the cable management system as ongoing work identifies the information.

Note: Some cable conduit and cable trays required to install the PDS cabling will be installed and will be utilized wherever possible. Certain applications will arise where the Contractor will be required to install new raceways and cables. All new work shall require prior approval from MDAD.

B. Network Manaaement Svstem 8 The scope of work will include the management of the data network utilizing a standard Network System Manager ('NSM"). The existing NSM is hosted on a SUN Microsystems workstation using HP's OpenView software. The NSM monitors all network components using standard SNMP applications. An audit trail of system operations and configuration changes shafl be maintained by the Contractor using the NSM. The Contractor may be required to provide the following network management functions using the NSM applications:

i ) Fault management. ii) Configuration management. iii) Performance monitoring management. iv) Accounting management. v) Security management.

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PSC 5117

All network components shall be SNMP manageable and conform to RFC 1157. Online system health monitoring shall be provided for verifying the health status of major network components and to support software and hardware maintenance activities.

C. Securitv Network

MIA will be implementing a new security network system ('NSNS"). The NSNS is composed of a high speed fiber optic based ATM network, frfteen (15) (expanding to 22) equipment rooms, CCTV and Intercom switching *equipment, and CCTV and Intercom recording equipment. The rooms will be linked via a new security network. In the future this network will be expanded to accommodate interface with the future PDS. The PDS will provide CATSe cabling from the network hubs located in these rooms to all devices requiring an IP address and network connection. The Contractor shall take over the management, maintenance, and operations responsibility. unless directed otherwise by MDAD, once the three (3) year management and operation contract with the NSNS Manager is over.

The main backbone of the New Security Network system will be comprised of multiple fiber optic loops, which will create multiple distinct data areas in the Main Terminal area. A main loop will run through the main Terminal through the equipment rooms. The main loop will have a four (4) room ATM configuration (rooms C4121, 83017,

A3129, and H1472) with an OC-48 data rate. The ATM shelves in the four (4) equipment rooms will connect to switches at an OC-12 (ATM) data rate. The switches in the remaining eleven (1 1) equipment rooms (H3730, G1107, G1764, F1540, F1770, E1502, E1803, S1558, D3917, A3820, and A3105) will be capable of connecttng to multiple network protocols (Le., FDDI, ATM, and Ethernet). Two (2) separate backbone loops (a primary OC-12 backbone and a secondary OC-12 backbone) will connect the eleven (1 I rooms to the four (4) O W 8 equipment rooms via separate diverse routes.

D. Wireless Network

In conjunction with the PDS, wireless antennas located approximately three hundred (300) feet apart will be located throughout the Terminal at MIA. This system will improve the use of cellular phones throughout the terminal areas. The new technology plans of tenant airlines are envisioning more wireless customer service devices similar to what rental car companies use today when checking in cars. The CIP may require wireless CUTE and FlDS to be movable for changing locations under construction. Airlines are anticipating that their customer base will increase the use of wireless tntemet devices for telecommuting while in airports and on airplanes. All of this points to the need to put in a system in the terminal that will handle the wireless traffic and place MDAD in the position of controlling this part of the telecommunications infrastructure. The Contractor will have to interface with the Wireless System provider to provide network services via the PDS and interfaces with the network backbone and omer service proviaets. .- E. The scope of work may also include the management of approximalely four

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PSC 5118

thousand (4000) new stations (to be installed in a new or existing equipment room) if American Airlines becomes a SATS customer.

Description of Services to be Provided 4.

The services to be provided by the Contractor may include, but may not be limited to the

e following:

A.

0

ii)

iii)

D3ted 1i22KQ

Move, Add and Change Service (“MAC”)

Move, Add and Change Services will include, but shall not be limited to:

a. b. c.

d. e. f. g.

Install and program new telephone station equipment. Disconnect old service and update records accordingly. Install new station cabling and outlets for voice, data, video and wireless services. Relocate existing services in response to MDADnenant work orders. Manage work order and invoicing process. Remove andlor disconnect unused cabling and outiets. Submit updated information for the MDAD Cable Management System or PDS database.

Order Taking and Records

The Contractor will be responsible for receiving work orders from MDAD Telecommunications staff to coordinate and perform MAC services. Contractor’s technicians are not authorized to perform MAC work unless these work orders have been properly submitted to Contractor. Depending on the size of the request, Contractor personnel may be required to perform surveys in order to facilitate the requested work. The Contractor is solely responsible for scheduling all work directly with the MDAD or SATS customer under the direction of MDAD Telecommunications who may periodically escalate various work orders or priorities associated with different requests. The Contractor shall also coordinate access issues directly with the MDAD or SATS customer. The Contractor shall assign personnel with project management skills to large scale MAC projects andor larger tenants to facilitate the timely completion of the Contractor’s portion of the work.

Installation Time Intervals

Routine additions, deletions and relocations (also known as moves, adds, and changes) shall meet the following standards depending on their number, assuming that conduit, power, and other required facilities are existing at the time of the work ord‘er:’ Non-reimbursable MAC coverage sRall6’e provide3 between 8:OO A.M, and 5:OO P.M., Monday through Friday, excluding

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PSC 51 I 9

Contractor Holidays.

No. of MACs Response Time

1 to 5 6 to 10 11 to50 Over 50

one (1) business day from receipt of work order four (4) business days from the date of the work order seven (7) business days from the date of the work order individual case basis to be mutually negotiated

At a minimum, the Contractor is expected to keep staffing levels and technicians on hand to meet the above completion requirements. The Contractor is responsible for directly coordinating with the customer andlor local service provider until the MAC is complete.

iv) Priority Changes

Priority moves, adds and changes are those that are designated a 'Priority" by MDAD in accordance with the Prioritizing of Work subartide of this Agreement. Priority work must have written justification and be approved by the Project Manager. Priority work orders will supersede other work orders and will be worked on and completed as soon as possible by the Contractor. The due date for routine work orders will be adjusted for delays caused by priority work orders. For all conflicts of schedule, MDAD will be the final authority on the final timing and have responsibility for the resulting impact on other work and Equipment. Contractor shall notify MDAD of known potential impacts of priority changes.

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BS V. MDC(7) 000029

PSC 5120

6. Maintenance and Trouble Resolutions

i) Existing Network infrastructure

The Contractor shall provide a complete operation and maintenance plan for all elements of the MDAD telecommunications network. This work shall indude all components of inside plant, outside plant, active and passive electronic equipment, and ancillary equipment that is part of the telecommunications infrastructure currently serviced by Contractor and any additional Equipment added as provided hereinafter. Contractor shall also provide maintenance for all Systems and Sub-Systems in place as of February 6, 2002 (the "Existing System"), as well as any and all additional Systems, Subsystems, Equipment, or switches or products added in the future, when requested by the County. As to additional Systems, Sub- Systems and other Equipment that are added, maintenance for these items shall be under this Agreement upon the acceptance by County of the relevant System, Sub-system or additional Equipment and shall be compensated for in accordance with the Payments and Cost Reimbursements article of this Agreement.

ii) Levels of Performance

The Contractor for the telecommunications Infrastructure operations and maintenance shall guarantee specific levels of performance and availability for each segment of the network. The Contractor is not responsible for degradation of performance due to the actions of a third party vendor not

. under the control of the Contractor, or due to the County's reduction in Contractor's staff. These segments and their required level of availability are as follows:

a. Voice Circuits 99.98% b. Data Circuits (Point-to-Point ) 99.98% c. I A N Circuits 99.98%

Availabilitv shall be calculated on a monthly basis. Availability shall be calculated based on the following formula:

Availability = Available Time - Downtime X 100 Available Time

where:

Available Time: The number of circuits of a given type multiplied by the number of hours in the month.

Downtime: Theisum in hours of all circuit outages or performance degradation commencing when the trouble is reported and ending when the

Dated 1122102

6s v. MDC(7) 000030

PSC 5121

trouble ticket is completed and closed out. For aggregate services such as T1 circuits downtime shall be the sum of the outage duration times the number of active channels (24) contained in the aggregate circuit. IAN downtime shall be the outage duration times the number of ports, which are reported as out of service or suffering from degraded operation.

iii) Preventive Maintenance

The Contractor shall perform all the preventive maintenance as specified by the equipment manufacturers. A quarterly report shall 6e submitted to MDAI3 detailing the preventive maintenance perfoned in the previous quarter and specifying the preventive maintenance planned for the upcoming quarter.

Preventive maintenance shall include, but is not limited to:

a. Visually inspect batteries condition and voltages. b. Check power supplies voltages. c. Routine replacement of lamps, ' indicators, protectors, and other

components which may fail through normal use. d. Perform annual trunk traffic studies and implement corrective action

if required. e. Perform annual voice mail port utilization study and configuration. f. Inspect cabinets. g. Periodic cleaning of filters. h. Perform database dumps and reviews quarterly and perform

corrective procedures if needed.

iv) Preventive Maintenance Plan

The Contractor shall develop 9 comprehensive routine and preventive maintenance plan, which includes each of the following elements:

a. Each element of voice or network systems equipment, shall be monitored for performance on a continuous basis. In addition to reporting af failed equipment thresholds shaI1.k established to report traffic problems or abnormal latency. Statistics will also be required for management reports that outline system capacities and utilization levels.

Regular periodic performance testing shall be provided for each element of active electronic equipment, which is not continuously monitored This periodic testing shall be performed in accordance with manufacturer's published preventive maintenance procedures. Where no published preventive maintehance plan exists, measures, which are -acceptable to MDAD Telecommunications, shall be implemented. The Contractor shall make special provisions whether

*

b. 1

Dated 1/22/02

19 of 101 -7 i

BS V. MDC(7) 000031

PSC 5122

self-performed or via subcontract) to clean optical fiber cunnectors, battery cable terminations and other connections, which require periodic cleaning to avoid performance degradation.

Note: Each telecommunications equipment room shall be provided with periodic cleaning to ensure an environment, which is suitable for the equipment. This cleaning (whether self-performed or via subcontract) shall ensure a dust free environment, removal of debris and cleaning of equipment, cabling and terminations for the two (2) Core Rooms.

c. The preventive maintenance plan shall include routine replacement of lamps, indicators, protectors, battenes, DC power plant equipment, 48VDC powered inverters and other components, which may fail through normal use. The preventive maintenance plan shall not include requirements for replacement of equipment room lighting components, air conditioning filters, ceiling tiles and other components, which are part of the building and are not related to the network itself. The preventive maintenance plan shall require that these latter items be reported to MDAD Facilities Maintenance if found to be defective or in need of repair. The preventive maintenance plan shall include operation and maintenance of DC plant in IDF moms that support switching equipment.

d. .)

The operations and maintenance pian shall include provisions for non-scheduled maintenance and repair of equipment that may fail or degrade during normal operation.

v) Problem Reporting and Escalation

The Contractor will be responsible for maintaining coverage in accordance with this artide in the Agreemenf, of the CRC for MDAD or SATS customers at the Airport, in order to coordinate repair services. The Contractor shall issue service tickets in order to track repair requests, contact the assigned personnel. and respond to perform such repairs for major or minor failures in accordance within the time frames in the Response and Repair Time Requirements article of this Agreement. The dispatched personnel will be

property retuming the equipment for repairs or replacements. The dispatched personnel will be responsible for keeping the CRC informed of problems, arid reporting to MDAD a real-time status of repair progress. After hour calls will be muted to a twenty-four (24) hour customer service center or local contact to coordinate repair efforts.

responsible for having the appropriate repair stock equipment and also for t 1

1

The GontractoF’s- dispatched, personnel- will mordlnate with. MDAR- local- service provider, or SATS customer as required and MDAD will make the determination as to the type and quantity of resources required to c m c t the

Dated 1/22/02

20 of 101 2 )

BS V. MDC(7) 000032

PSC 5123

problem, if necessary.

Should a major outage be related to the local operating company's network, the Contractor's personnel will act as the County's agent to open a repair ticket with the local exchange company and work on behatf of the County, as commercially reasonable and necessary, to troubleshoot the problem until the major outage is corrected. The Contractor shall also coordinate access issues directly with the user. The County requires the Contractor to propose spare parts levels for the various systems in order that the repairs can be made in a timely fas7iion based on the classification of the repair as described in the Types of Failures subarticle of this Agreement.

In case of emergemy during after hours, Contractor shalt proceed to attempt to repair while continuing an attempt to contact MDAD per the escalation notification list to be provided by the Contractor.

vi) Agreements with Vendors

The Contractor shall maintain maintenance and technical support agreements with vendors associated with the telecommunications systems. The Contractor shall be responsible and pay for all maintenance contracts and support contracts necessary to perform the services outlined in this Agreement (collectively, the uAgreements with Vendors"). The County shall compensate the Contractor in accordance with the Payments and Cost Reimbursement article of this Agreement. The Contractor is solety responsible for hands-on management of the systems. These third party agreements shall include at a minimum, when available from the third party and requested by MDAD:

a. Post-warranty service agreements: b. advanced replacement agreements; c. d.

software and hardware revisiordupdate provisions: and technical support agreements that allow the Contractor to speak directly to engineeritechnical support as required.

In the event of an emergency, MDAD reserves the right to take a hands-on approach tu fix the problem if the Contractor's personnel are not available. A stnct configuration and change management process will be adhered to, which documents all changes to the respective network. The Contractor shall submit a configuration and change management procedural plan on a yearly basis for review and approval by MDAD.

Y

vii) Types of Failures

Troubles reported to the Contractor's CRC by the users will fall into two (2) categories: a) Major Failures, and b) Minor Failures. -

Dated 1/22/02

21 of 101 zz

BS V. MDC(7) 000033

PSC 5124

a. Maior Failures are those that severely impact the operation of the Airport or severely impede the ability for a Tenant to conduct business at the Airport and shall be defined as an occurrence of any of the following:

1. A failure of the telephone switch, its common equipment or power supplies which renders it or them incapable of performing normal functions for five percent (5%) or more of the stations or trunks.

A failure of over five percent (5%) of the trunks or station lines to function.

. - 2.

3. A failure of network components that will render over five percent (5%) of work stations inoperable.

4. An indication of a major alarm condition as defined by the manufacturer in any of the switching or power equipment.

5. Any failure of an individual station identified in Exhibit 3 fumished to Contractor's Project Manager, who has signed a receipt therefor, that impacts the operation of the Airport.

Minor Failures are any other failures including a failure of any ancillary equipment such as intercom circuits, paging input arrangement, or any other telecommunications equipment or component.

b.

viii) Response and Repair Time Requirements

Based on Trouble classification, b e Contractor will respond in the following manner:

a. Maior Failure- Immediate response during business hours (Monday- Friday, 7 A.M. - 11 P.M., Eastem Time) and within two (2) hours for off hours (Monday-Friday, I 1 P.M - 7 A.M., Eastem Time: and

Contractor must immediately begin remedial maintenance for a major malfunction, which may consist of remote diagnostics during the first fifteen (1 5) to thirty (30) minutes, after repair notification time by the County to the Contractor, via the Contractor's tracking processes with the appropriate service ticket number, however, if not corrected, the Contractor's personnel must be on-site no less than forty-five (45) minutes during bus_iness hours and no less than two (2) hours during off hours from the repair notification time documented b\ the County. Any senrice between I 1 P.M. - 700 A.M.

twenty-four (24) hours a day Saturday, Sunday, and holidays). 11 $

$

1c

Daed 1122102

22 of 101 2 1 1

BS V, MDC(7) 000034

PSC 5125

on weekends and Contractor Holidays will be compensated on a per call basis as desm'bed in the compensation article. Contractor shall start immediately and work continuously until the problem is resolved. Conhctor will abide with the Problem Reporting and Escalation article of this Agreement, in order to resolve a major outage. Contractor shall make all commercially reasonable efforts to complete repairs within eight (8) hours from the time the County reported the incident and is documented via the Contractor's tracking processes with the appropriate service ticket number. Contractor is responsible for providing the Project Manager wQh a revised

escalation procedure to include all appropriate levels of management with their associated contact numbers at the time this Agreement is executed, and immediately thereafter whenever a change occurs. In the event the Contractor should fail to respond in accordance with the time frames stated herein, the County shall be entitled to liquidated damages in accordance with the Performance and Liquidated Damages article of this Agreement.

b. Minor Failure - Response within eight (8) business hours.

Contractor will begin any repair not defined as a major failure as expeditiously as possible, and shall make all commercially reasonable efforts to complete repairs within one (1) business day from the time the County reported the incident and is documented via the Contractor's tracking processes with the appropriate service ticket number. Repairs may be made by a certified technical personnel either through a premise visit or via electronic access through the use of a remote maintenance terminal. However, in all casesl the repair must be confirmed and the status updated by the next business day by notification to the CRC. Contractor shall respond to minor service interruptions within eight (8) business hours and follow an escalation procedure in accordance with the Problem Reporting and Escalation subarticle of thi$ Agreement. In the event the Contractor should fail to respond in accordance with the time frames stated herein, the County shall be entitled to liquidated damages in accordance with the Performance and Liquidated Damages article of this Agreement.

c. After Hours Coweraqe, Emerqency Service, and Contractor's Reauired Response Specifications:

Service for a major failure shall be available twenty-four (24) hours a day, seven (7) days a week, and 365 days per year. In the event the Contractor does not commence repairs for a major failure within two (2) hours after notification, the County shall have the right, at any time thereafter, to notify the Contractor of such nonperformance, and if emergency repairs shall not have commenced within two (2) hours from the time the Contractor's tecnnkafpersonnefbmves on site". iRen tne' Ccuntjr shatl~hZfve the flghf to- call in any qualifbd and certified service organization to perform the necessary repairs. -

Dated 1/22/02

23 of 101 >F

BS V. MDc(7) 000035

PSC 5126

"Respond" is equated to having technical support and/or troubleshooting the problem within aforementioned times. Note that during the troubleshooting process, the Contractor is coordinating directly with the user and/or the local service provider until the problem is resolved.

ix) System Availability Reporting

The Contractor shall provide a monthly circuit availability report to MDAD Telkommunications which states the required revel ofavailability' for each - of the classes of circuits listed in the Levels of Performance subarticle of this Agreement This report shall include the actual level of availability for each class of circuit, based upon the calculation method listed in Levels of Performance subarticle of this Agreement. The difference between the required level of availability and actual availability for each class of circuit shall be identified in the report.

x) EquipmenUFacifities Covered

Equipment covered under this section include the following components:

a. b.

d. e. f . 9-

C.

h. i.

PBX switches. Electronic key systems. Any other voice systems. Ethernet. ATM . All network components maintained by Contractor. All inside and outside plant to include both copper and fiber optic cabling. Special systems such as IVRs. Future wireless systems.'

xi) Specification Compliance

If repair requirements arise on existing cable plant that is not installed according to manufacturer or industry specifications, the Contractor is required to provide notice and an estimate to the County to bring such infractions to specification while accomplishing the repair.

The Contractor is liable for circuit continuity, from the local service provider demarcation point to the station jack. In many instances, the Tenant has a Key Service Unit (YKSU") or other devices in the middle of this cable path and the existing cable records may or may not have records showing these

any non-specificatjon issues, provide notice to MDAD and jointly work with MDAD andlor the Tenant to upgrade this infrastructure toeounty

oudets:. Under these circumstances, the Oontractor is expected to-document - . -.

Dated 112202

Bs v- MDC( 7) 000036

PSC 5127

specification and document said upgrade in the cable records. The Tenant will incur the expense of bringing such facilities up to County specification.

xii) Coverage

The provider shall have adequate resources to provide the following: 1) On- site manned call receipt function 7:OO A.M. - 6:OO P.M. Monday through Friday, except Contractor Holidays: 2) Remote call receipt function 6:OO P.M. - 7:OO A.M. weekdays, and 24 hours on weekends and contractor Holidays; 3) Technical staff on-site 7:OO A.M. - 11:OO P.M. Monday through Friday. The Contractor shall have 'on call" trained personnel to cover all of the systems as specified in the Response and Repair Time Requirements of this article. The Contractor shall provide MDAD with a general description of its daily staffing requirements which will apply over the term of this Agreement, which shall be approved by MDAD. Any material changes to those requirements shall be subject to the approval of MDAD as provided herein.

xiii) Prioritizing of Work

The Contractor's technical personnel will be dispatched on jobs in a "first in- first out- fashion as long as the user deadline can be met. MDAD will review and authorize all work orders and reserves the right to prioritize various activities that the Contractor undertakes in order to meet deadlines. MAC activity will take a lower priority to repair activities pending the circumstances surrounding the given situation. The County reserves the right to mandate that the Contractor reallocate resources between 8:OO a.m. and 5:OO p.m., Monday through Friday (excluding Contractor Holidays), on a daily basis to deal with the various repair or MAC requests. The Manager or Project Manager has the authority to instruct and/or authorize work. In situations where emergency interventian iqrequired, the County reserves the right to change configuration settings in systems, as coordinated with the Contractor.

xiv) Equipment Failure

Ifany, Equipment malfunction is determined by the Contractor to be the fault of any other company, the County will so notify said company and request appropriate repairs and alterations. The County, Contractor, and the other company, if pertinent, must mutually determine the point of failure and the party responsible for payment. Notwithstanding the foregoing, if there is an emergency, the Contractor shall repair same in accordance with the Robtem and Reporting Escalation subarticle in this Agreement and if during off hours or a weekend or Contractor Holidays, the County shall compensate the Contractor as provided herein and seek reimbursement from the other ampany;- iFWEquipment miMiWctton is associated with' tti$Con€iac€or's* -' failure to install the Equipment properly or according to the Manufacturer's

>

specifications, the Contractor shall pay all costs. - Dated ll22lO2

BS V. MDC(7) 000037

PSC 5128

xv)

C.

i)

ii)

Dated 1/22/02

Maintenance of Equipment, Systems, or Subsystems Purchased from Others

In the event the County adds or purchases equipment, systems or subsystems from other contractors or vendors, the County shall timely notify the Contractor in writing of the installation of said equipment, systems or subsystems. After installation, and unless otherwise notified by the County, the Contractor will be responsible for maintaining the equipment, systems, or sub-systems, pursuant 8 the Scope of Sewices article o f this Agreement.

Project Management Services

The telecommunications infrastructure at MIA will continue to expand and evolve with new development at the airport. This evolution involves design and construction projects, some are exclusively limited to telecommunications systems, and others involve a multidiscipline effort. Both types of projects may require management of the telecommunications portion of the project by the Contractor as part of this work. For such projects, the Contractor will also provide consulting and project management services.

Project Management services will include, but shall not be limited to:

(a) N e e d s Assessment (b) Design telecommunications systems to meet user

requirements. (c) Design lnside/Outside Plant and network changes and

extensions. (d) Competitively bid subcontracts for execution of this work. (e) Manage telecommunication construction related activities and

coordination with related work contractors. Update MDAD as-built CAD drawings for the managed infrastructure.

(f)

New projects will be authorized, on a work order basis by the Manager or agent authorized in writing by the Manager. Each authorization will be accompanied by a wn'tten scope of work, and conceptual drawing where appropriate. No projects are to be undertaken without this authorization. In the case of new buildings where services do not exist, or additional services to existing buildings, the County will either provide the contractor with conduit or a suitable path to access the service demarcation point, or have the selected contractor provide such conduit at a cost approved in writing by the County. If, at the request of the County;the*corttractor provides the conduit; the County will reimburse the contractor for the approved cost of providing the conduit. Upon the request of the County and advise as to work to be

* L

\

26 of 101 2v

BS V MDC(7) 000038

PSC 5129

performed by the contractor, the Contractor shall manage same in accordance with clause (i) above.

iii) Once a project has been authorized, the Contractor shall execute and coordinate the design and estimate the cost of construction. On projects that involve only the telecommunications systems, the design shall be coordinated with MOA5 Telecommunications. On multi-discipline projects this coordination shall include designers of other disciplines or other MDAD Divisions that may be involved in the project. Design and estimating services may be provided directly by the Contractor or under a sub-contract agreement with a qualified telecommunications design firm. MAC or day-to-day operation of the system shall not be affected as a result of the Contractor's role in new projects.

iv) All design work performed under the awarded contract shall be in full compliance with MDAD, EIMIA, BICSl and other applicable standards. Drawing files for existing portions of the system shall be obtained from MDAD staff. These drawings shall be modified and supplemented as required to include the new work. These drawings are to be supplemented with specifications, standards and other information to form a competitive bid package for the work. In all cases. new work shall be specified to be uniform with existing installations and equipment of similar nature at MIA. Any deviatton or changes must be approved in advance by the MDAD Telecommunications Section.

v) Subcontractors shall only be used, subject to prior written approval from the Department, when the Contractor's existing work force is unable to perform project management services within established time frames.

Where subcontracting is required, all new design packages shall be competitively bid by a minimum40f three (3) qualified telecommunications contractors. The Contractor shall conduct and manage this bid process in a fair and professional manner. Unfess otherwise approved by MDAD Telecommunications, the Contractor shall accept the lowest responsive hidder in each subcontract category far execution of the work. If required by MDAD, the Contractor shall provide appropriate documentation to MDAD to verify the process. *

All projects shall be segmented into elements of design, bidding and negotiation, and construction administration services. The cost of this work to the County shall be the sum of the lowest responsive subcontractor bids ptus an amount equal to fourteen percent (14%) of the price of the subcontractor's work.

\

vi) Construction Administration Services. The construction administration work for authorized projects shall include attendance of construction meetings,

Dated 1/22/02

Bs v. MDC(7) 000039

PSC 5130

inspection of installed work, and coordination with related work trades and resolution of issues that arise in the course of construction.

vii) As-Buik Documentation in accordance in the Documentation subaiticle of this Agreement.

D. Shared Airport Tenant Services ("SATS")

The Contractor agrees to use its best efforts to establish, market, maintain, operate and manage SATS'for the County, including CUTE, to Tenants and users at the Airport, consistent with the requirements of the Public Service Commission of Florida (YPSC") or whatever other governmental entity has jurisdiction over SATS, if and where applicable, and all applicable laws. Both Parties stipulate:

1. The Contractor, as provided in the Shared Airport Tenant Sewice Agreement dated July 24, 1990, assigned all of its contracts with SATS customers to the County, and the County agreed to the assignment.

2. The Contractor shall maintain and provide labor to repair the equipment so that the shared tenant service is operating in accordance with this Agreement The Contractor shall submit a yearly marketing and customer service plan (the "Marketing and Customer Service Plan"), for review and approval by the County, to ensure the Airport's business partners receive the most efficient, effective and reliable telephone service possible. The Marketing and Customer Service Plan shall indude. but not be limited to, the Contractor's plans to establish, market, and sell SATS and to be compensated therefor as authorized in accordance with the Payments and Cost Reimbursements articte. as well as procedures for Ute handing of customer complaints and downtimes, including associated equipment requirements, and staffing plans. Upon receiving prior authorization from the Project Manager, additional equipment may be procured when required to support these shared airport tenant services. '

3. The Contractor shall invoice all SATS customers. The Contractor shall receive from the Department, a billing farm with instructions to be used for billing SATS customers. A copy of all submitted bills shall be fonvarded to the Miami-Dade Aviation Department, Finance Division. Checks are to be made payable to Miami- Dade Aviation Department. SATS customers shall be instructed to send checks directly to the Department's Finance Division to the following addresses:

In Person - TO: during normal business hours, 8:OO A.M. to 500 P.M. (Monday through Friday)

1

Dated 1/22/02

PSC 5131

4.

1.

2.

31

Miami-Dade Aviation Department Finance Division Suite 300 Building 5A 4200 N.W. 36 Street Miami International Airport Miami, Ftorida 33122

By First Class Mail - To: Miami-Dade Aviation Department Finance Division P.O. Box 59261 6 Miami, Florida 33159

By Express Mail - To: Miami-Dade Aviation Department Finance Division Suite 300 Building 5A 4200 N.W. 36 Street Miami, Florida 33122

By Wire Transfer: In accordance with wire transfer instructions provided by MDAD Finance Division

The Contractor shall submit a proposed tariff schedule for all SATS, that the Contractor plans to use to ensure optimal billings of all gross revenues (the ‘Gross Revenues”).

The Department shall approve the tariff schedule and SATS billing rates.

E. Training and Transition Program Services

Conttactor may be requested to provide on-site training to related to voice mail, such as voice mail personal greetings, and all other instructions that the telephone users may need during the term of this Agreement.

In lieu of training at a distant site, Contractor may be requested to provide on-site

the Contractor with a sixty (60) day notice to arrange for training at County’s premises. When an on-site technical training course is requested, the County will pay For the charge for the training class and the Contractor’s instructor’s air-fare, lodging and meals during the training session, in accordance with Section 112.061, Florida Statutes.

technical training courses for County’s technical personnel. The County will provide C

I

Tran’siticfh Plan: For the pkridtfof Wis Agreement be’tiutien eighleen (t8) months- L*

and two (2) years, the Cohtractor Will be required to implement a transition program which commences one hundred and twenty (120) days prior to the terminam date,

Dated 1/WO2

29 of 101 I i r

6s v. MDC(7) 000041

PSC 5132

upon being given one hundred and twenty (120) days notice of the termination from the Department. The purpose of the transition program is to ensure that either the new vendor or the Department's qualified operating and maintenance personnel are trained in all aspects of the System, provided that the Contractor's sole responsibility shall be to implement a program in good faith and in no event shall the Contractor have any liability or responsibility for whether the new vendor or the Department's qualified operations and maintenance personnel actually are competent to perform the Services to which they are assigned. As part of this transition plan, the Contractor will be required to ensure that all applicable equipment and systems are operational and installed in accordance with plans and specifications, and ensure that Documentation is submitted to the Department as stipulated in this Agreement, including, but not limited to, as-builthecord documents and manufacturer's operations and maintenance manuals, and operational procedures specific to MDAD.

4. Limited Transition Plan: If the County desires to terminate and provide notice of less than one hundred and twenty (120) days, but in no event less than thirty (30) days, the Contractor will take all reasonable steps to assist the County in effecting a smooth transition to a new provider, such as the staffing overlap of managerial, administrative, or technical personnel from the Contractor, with the incoming new provider or the Department's personnel. to ensure that either the new vendor or the Department's qualified operating and maintenance personnel are trained in all aspects of the System. The support would be provided in me areas that pertain to the County, rather than intemal Contractor operations. Any overtime work required to support such a transition overlap would be incurred by either the County or the new provider. In addition, the County may negotiate with the Contractor for a contract extension for such a transition program, which would include compensation to the Contractor, which may be paid by either the County or the new provider.

ARTICLE 5 OFFICE SPACE AND PARKING ARRANGEMENTS

A. Existing Operations / Engineering Space

1. Based on thirtyeight (38) assigned personnel, MDAD will provide to the Contractor its existing workspace as described in Exhibit 4 (the 'Space"), plus loading dock access and storage space for cables, to the Contractor at no cost. No additional space will be provided by the Department in its facilities for the personnel of the Contractor or any of its subcontractors.

i Y

$

2. Custodial Service for Office Areas: MDAD will provide routine custodial service for the Contractor's offices and engineering area. This service shall include cleaning of floors, and emptying of waste paper and recycled paper containers. This-custodial service shall not iriciude the-routine ckaning &the two (2) Core Roorits- These locations shall be cleaned and maintained by the Contractor. m

Dated 1/22/02

30 of 101 c/ ,7

BS V. MDC(7) 000042

PSC 5133

3. Maintenance and Repair: The Contractor will preserve the Space in good working order and condition, subject to ordinary wear and tear.

4. Alterations and Siqns: The Contractor shall not alter the support space in any way whatsoever, erect any signs nOr permit any advertising of any nature without prior written approval from the Department.

6. Parking Arrangements

County shall fumish parking permits for Contractor's assigned staff for the term of this Agreement. Construction vehides and equipment will only be authorized at the job site and at preassigned parking areas. The County shall reimburse the Contractor for parking in the Park 8 garage for its employees, or other assigned facility provided by the County, if a parking expense is incurred.

C- Furniture and Supporting Equipment

The Contractor shall use their existing office fumiture and supporting office equipment, induding but not limited to, copiers, personal computers (YPCs"), facsimile machines, in its operations and maintenance rate structure. No separate compensation for fumiture and equipment in this subarticle shall be considered.

D. Office Supplies and Consumable items

All office supplies and consumable items used in performance of the Contractor's work shall be' provided by the Contractor.

E. Telecommunications Costs

MDAD will provide telephones and related services for all Contractor's operations and maintenance work within MDAD, including local calling within Miami-Dade County area. The Contractor will be provided telephone service (local service and voice mail) using the MDAD telephone systems. This will include limited extensions and.phone sets that support. its operations at MIA. The Contractor shall be responsible for all long distance telephone charges of a personal nature or those non-related to MDAD business, made from its telephones. A monthly 1

reimbursement to MDAD will be made by the Contractor to compensate the County for any such long distance charges. If the Contractor decides to use the local service provider, it will be entirely responsible for any initial and recurring charges associated with these lines. Any speaal circuits required for additional functionality will be provisioned and paid for by the Contractor. Paging service wi l l be provided by the Contractor to allow for paging of Contractor's key individuals as alarm conaRioriis m-expen&ced: G€A\u%r PWMles-~~rtao~s~required for'tlechnicii3n.s and' key management personnel will be entirely at the Contractor's expense.

E

Dated 1122102

31 of IO! \ I 2

BS v MDC(7) 000043

PSC 5134

F. Computer NetworklTechnical Systems

The Contractor will be provided local area network ("LAN") access to the County operated LAN at MIA. MDAD will provide one (1 } network connection to each Contractor's staff member. MDAD further agrees to provide email service to the Contractor as well as access to the MDAD electronic records of as-built drawings, Conversely, the Contractor shall provide MDAD Telecommunications with access to the work order and trouble ticketing system via this IAN connection, The Contractor wlll also be responsible to provide and maintain technical systems hardware and software associated with the management of the Ethernet backbone. In addition, the Contractor will be required to provide and maintain computer hardware and software associated with the cable record systems, and any billing system the Contractor chooses to employ subject to approval by the MDAD. The Contractor shall provide a billing system that is compatible with MDAD's financial systems. These management systems will be maintained and operated at a level suitable to maintain the quality of service or additional requirements outlined in other sections of this Agreement. Back-ups will be performed and maintained off-site by the Contractor on all key technical systems to ensure data integrity.

ARTICLE 6 PERFORMANCE STANDARDS AND JOB SITE REQUIREMENTS

A. Installation Service Requirements

1 - Work Practices. All work performed shall be performed in accordance with the following standards, as applicable:

a. Any and all Federal, State and Local laws, building code requirements, statutes, ordinances. rules and regulations. Ignorance on the part of the Contract7 or subcontmctor will not exempt, excuse, or waive the contractor from responsibility.

b. Manufacturer or vendor's instructions about installation and sewice.

c. Generally accepted engineering principles and industry standards, as provided below.

Installation practices guidelines as described elsewhere in this document. \

* d.

e. Americans with Disabilities Act.

2. Contractor to perform County needed voice/data cabling. Contractor or subcontractor mbst'possess one (1 )"of the folldhing liclenses and State" registrations (if applicable), and provide proof of such to the County:

111

Dated If22/02

32 of 101 I / 0

BS V. MDC(7) 000044

PSC 51 35

STATE: a) Electrical Contractor, or b) Low Voltage Specialist

COUNTY: a) Master Electrician (State registration required), or b) Communications Electrician

3. Contractor or subcontractor shall be proficient in all phases of telephone and data wiring as related to cable and wiring architectures in telecommunications spaces. AI1 work performed by the Contractor, after June 1, 2002, shall be supervised by a Registered Communications Distribution Designer ("RCDD") certified person. RCDD certification is required for the Contractor or subcontractor by June I, 2002.

4. Permits and Licenses: Contractor shall be responsible for obtaining all necessary permits and licenses required for installation and operation of the Equipment. Contractor shall cooperate and comply with any inspections required by all OSHA, Federal, State, and County codes, ordinances, statutes, and laws.

Any fines levied by the above mentioned authorities because of inadequacies to comply with this requirement shall be borne solely by the Contractor.

5. The systems specified in this document shall be designed and implemented in accordance with the requirements of the latest revision of the documents listed below:

REFERENCE

ANSI X 3T 9.5

E I M I A 568.

EIMIA 5686

EIA/TIA 569

DESCRIPTION

The ANSI Committee responsible for FDDl

The commercial building-wiring standard. It defines a generic wiring system for a multi-product, multi-vendor environment

The Commercial Building Telecommunications Cabling Standard. RJ.45 pin configuration defined in EIA Standard 568. Equivalent to AT&T 256A

The commercial building standard for telecommunications pathway and sgacas.,,lt defines the minimum requirements for ducts, closets and other spacds needed for data and telecommunications wirin2

t

\

Dated 1/22/02

BS V, MDC(7) 000045

PSC 5136

FCC Part 68

IEEE 241

IEEE 802.1

IEEE 802.3

IEEE 802.5

NEMA 250

NFPA 70

RFC 1157

RS - 232

RS - 422

RS - 455

TSB 40A

TS6 67

TSB 72

UL144

Dated 1/22/02

Federal Communication Commission document relating to connection of Premise equipment and wiring to the network

lnstrtute of Electrical and Electronic Engineers recommended practice for Electric Power Systems in commercial buildings

IEEE Committee that defines the I A N Management and bridging standards

Physical layer standard specifying a linear (bus) LAN using C S W C D access method

Physical layer standard that specifies a ring topology LAN with a token-passing access method

Enclosures for Electrical Equipment (1 000 Volts Maximum)

National Fire Protection Agency Standard for National Electrical Code ("NEC")

Request for Comment for SNMP Standardization

EIA physical interface standard for use between data communications equipment and data terminal equipment

EIA standard for the physical interface between data communications equipment and data terminal equipment over cikuits with their own ground leads

EIA standard for Fiber Optics - Fiber, Cables, Traducers, Connecting and Terminating

Technical Systems Bulletin the provides additional transmission specifications for unshielded twisted pair connecting hardware

ElAlTlA standard for Transmission Performance Specifications

EIMIA standard for Centralized Optical Fiber Guidelines

Underwriter's Laboratories listing of Communications Cablk as required by NEC

?

VL 34 of 101

BS V. MDC(7) 000046

PSC 5137

UL 1459 Underwriter's Laboratories Fire resistance requirements

B. Circuit Engineering and Documentation

1 . Standards

MDAD, EImIA and BlCSl standards shall be utilized in the engineering of all inside wiring, outside plant and circuit engineering. The Manager must approve any deviation frdm these standards.

2. Special Engineering

a. Custom Circuit Types shall be defined as arcuit types that have not been previously engineered or provisioned at the Airport. The Department shall supply end-to-end specifKations for these circuits to the Contractor. The Contractor shafl engineer these circuits at the Departments request and thereafter add these circuits to the catalog of available circuit types.

b. Repeaters, special conditioning equipment and circuit terminating equipment necessary for the successful performance of these circuits shall be properly documented. This equipment shall be installed, tested and commissioned at the Department's cost. Test results for the circuit shall be documented and compared against the engineering worksheet for each specially engineered circuit.

c. Special Maintenance Spares. It is recognized that special circuits may require equipment that is presently not part of the spares inventory. In cases where this occurs, the Contractor shall be permitted to

purchase a quantity of retair parts sufficient to maintain the circuit in the event of component failure. These maintenance spares shall be included in the MDAD master component list as long as one or more of the circuits is in use.

3. Documentation 4

The following Documentation shall be provided by Contractor:

a. Cable Management System - All voice, data. video and other circuits shall be engineered and documented in the MDAD cable management system presently in existence today. This engineering includes arcuits which are provisioned over copper and fiber facilities ox! -W+~U& W--an&wireless circuits which arepwvisbntd ovep the MDAD local area networks.

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-c

Dated 1/22/02

35 of 101 // 3

BS V. MDC(7) 000047

PSC 5138

b. Circuit Engineering Worksheets shall be provided for all circuits either as part of the cable management system application or as part of a separate database. These worksheets shall reflect the beginning, end and all intermediate points of connection for each circuit and parameters such as loop resistance. attenuation, optical loss, etc. which are relative to the type of circuit being engineered.

c. As-Built Drawings - Any work performed by the Contractor, which involves (i) additions or changes or deletions to equipment, (ii) cabling, or (iii) raceways shall be reflected in the as-built drawings provided by MDAD. These drawings will be made available to the Contractor in read-only form on the MDAD server. With each change, the Contractor shall download the appropriate drawings, incorporate the latest changes, and mark the drawing with the next revision level and date. The Contractor shall transmit the revised drawing to both the CAD Manager and the Manager. The CAD Manager, after reviewing the changes will replace the previous version of the drawing on the wn'te protected server. One plot of the revised drawing will be transmitted to the Contractor via inter-office mail for the purpose of updating the PDS record set of drawings.

d. The Contractor shall provide complete technical and systems documentation The extent of the documentahon required shall include, but not be limited to, all technical manuals, key sheets, system's printout, cable records up to the IDF level for existing structure installed prior to February 7, 2002 and to the jack level for installations completed after February 6,2002, sketches, blueprints, CAD drawings with soft copy and as-built documentation provided by MDAD, and users handbook. The Contractor shall establish and maintain complete project documentation and documentation of all Equipment, induding instdation instructions, if appropnate, and shall deliver same to the County throughout the course of this Agreement. All documentation shall be available to the Project Manager at any time during this Agreement upon request. All documentation when delivered with any Equipment purchased by the County will be available to the County in a designated area, agreed upon by both the County and the Contractor. The Contractor represents that the manuals described are the only manuals necessary for the operation of the System by individuals with the requisite knowledge and experience. Contractor will execute any and all documents needed or requested by the County to perfect the County's right, title or interest in the System documentation and any other records.

e. Telecommunicat-bn- Tapology drawings as requested * by the *c

Department, .z

Dated 1/22/02

YK 36ofIOl

BS V. MDC(7) 000048

PSC 5139

4. Uniformity and Standardization of Components

All components used in circuit engineering shall be of the same type and manufacture as other components used for the same purpose in existing portions of the telecommunications infrastructure. These components shall be maintained in a database of standard component types and costs that is used for costing of all changes. The Manager must approve, in Writing, any proposed changes to this component list due to obsolescence or other reasons.

5. Configuration, Change, Asset Management

The Contractor will be required to adhere to sound 'configuration, change, and asset" management principles. Detailed drawings will be maintained that summarize various system layouts. Prior to changing equipment settings or configuration beyond the scope of routine day to day maintenance or troubleshooting, the Contractor will be required to provide written notice andlor drawings to MDAD of details surrounding the changes. The Contractor will be required to notify and coordinate approval of all scheduled outages with Tenants andlor MDAD Telecommunications.

6. Standard Circuit Specifications

Circuits engineered at MIA and GAA shall conform to the same specifications as similar circuits installed in the regulated telephone environment The Contractor shall compile a complete catalog of circuit offerings at the Airport including circuit type, description, worst case circuit parameters] thresholds where the circuit will be deemed unusable and in need of repair and special requirements for end user provided terminating equipment. The Contractor shall update this catalog for its own use. One updated copy of this catalog shall be maintained at MDAD Telecommunications for reproduction pnd distribution to Tenants, agencies and other users of the MDAD telecommunications facilities.

7. Installation Practices Guidelines.

a- AIL existigtFedera18 Communications Commission ("FCC") rules and regulations apply as related to demarcation points and proper installation procedures. t

b. Each telephone instrument shall have a "home-run" back to the distribution closet.

!

c. All blocks and instruments shall be labeled by the Contractor upon installation and fully documented. The instrument tags will be providedby'MDP0: '

1

Dated 1/22/02

37 of 101 (i4

BS V. MDC(7) 000049

PSC 5140

d.

e.

f.

9.

h.

1.

i.

k.

1.

m.

n.

0. * -

Each cable instatled must be of the type designed for the application and environment in which it is to be utilized.

AI1 unterminated cable ends, either in wallboxes or surfaces must be fitted with covers designed for that purpose.

All cableshviring, wherever possible, will be concealed inside existing walls, ceiling finishes, or run inside wire mold.

AI connectors must be concealed in wall boxes and should not be left laying on the floor or be obstructive.

Laying cables on suspended ceilings or using the support wires of suspended ceilings to support any cable is strictly prohibited and is a violation of the National Electrical Code (YNEC"). Using electrical conduits or other building infrastructure services such as air conditioning ducts, fire sprinkler pipes, is a violation of the NEC. All cables, wires, and equipment for voice and data services shall be installed in conduit or have independent support systems from the building structure, and any deviation from these rules will result in the Contractor having to redo the work at its expense.

Exposed cables shall be stretched and stapled at even distances to remove wrinkles, twists, and kinks.

For any underground or overhead cable installation, no in-house type cable can be used, whether temporary or permanent. Only cables designed for these kinds of installation must be used, preferably polyethylene, rodent protected and jelly filled.

All cables connecting two (2) or more buildings together, must be protected at each entrance, using three (3) element gas filled protection and properiy bonded and grounded.

Station Location - all telephone sets will be installed at locations pre- determined by the using agency.

All equipment and component parts purchased shall be new at the time of delivery unless otherwise approved by MDAD.

All telephone equipment shall comply with the specifications set forth in the FCC Rules and Regulations, Part 68.

Ail efecttitral work shall be performeit'acimding to the NEC' Bnd 'all *

applicable State, County, and local codes. e

Dated I02/02

38 of IO1 n - 2

BS V. MDC(7) 000050

PSC 5141

p. Where existing cables are found and available for reuse, they may be reused provided that they are of the proper size (no in-line splice or connectors will be allowed). length. and meet proper installation standards.

q. Upon completion of every task, the Contractor must leave the site cleared of all cables and other materials. Furthermore, the work sites must be cleaned up daily and at the end of each installation.

r. Airtelephone stafion equipment utRized must be compatibk 6 col'or as far as possible with existing equipment and must also be "plug compatible".

s. All equipment removed from service and deemed reusable, must be packaged and properly stored for future use when necessary. The Contractor must complete the applicable inventory forms showing deletion or additions of telephones.

t. As required, the Contractor will complete key sheets on new installations and store them for reference when the projects are completed.

u. The Contractor shall not deviate from proper installation standards at the request of the SATS customer or user, nor shall it accept and perform work beyond the initial requests from the SATS customer or user, in accordance with the approved work order. Changes to work orders will only be approved by MDAD Telecommunications. If the Contractor performs work beyond the initial request without the approval by MDAD, it does so at its own risk and may not be paid for the work performed. ,

C. Examination of Work Sites, and Specifications.

Where applicable and appropriate, the Contractor shall:

1.

2. Visit the job site. 3. 4.

Examine all specifications, drawings, directions and conditions relating to the work. ?

Investigate any difficulties encountered in performing the work. Notify the County of any discrepancies, conflicts or other field conditions that will affect the work to be performed.

1

Contractor has actual knowledge of the construction and labor conditions under which t b work is b b e - performed, has inspected the-sites, and hasread.and is reasonably familiar with Qis Agreement and its exhibits, documentation, and plans provided by County prior to the execution of this Agreement for the buildings in

39 of 101 13

BS V. MDC(7) 000051

PSC 5142

which the work is to be performed. It is acknowledged that substantial construction and renovation is occurring on a continuous basis at the Airport and that Contractor's knowledge is limited to its actual knowledge of existing conditions at the time the work is requested. Failure to read or become familiar with said Agreement, documents, plans or specifications shall neither exempt, excuse, nor relieve the Contractor of its obligations to furnish all necessary Equipment, Services, and labor necessary to satisfy the Contractor's obligations under this Agreement and to complete the work for the consideration set forth herein.

Contractor shall at all times make commercially reasonable effort to conduct its work so as to insure the least possible obstruction to the County and the least inconvenience to the vicinity of the work site. The Contractor will assume full and complete responsibility for, and all risks in connection with the Sem'ces.

D. Special Conditions at the Sites

1. All material for the installation of services shall be delivered and the work conducted so as to minimize any interference with concurrent work of others and normal operations in existing MDAD facilities. Every effort shall be made to limit dust, noise and fire hazards during installation.

Debris due to work under this Agreement shall be cleaned and carted away by the Contractor prior to leaving the premises.

2.

3. At the job sites, noise from equipment shall be kept to a minimum by use of adequate muflers or other acceptable means. Noisy installation of equipment shall be scheduled when disruption to MDAD, SATS customers and the public will be minimal and cause the least inconvenience.

4.

5.

The Contractor shall conform to applicable fire regulations.

The Contractor shall protect against injury to persons, and damage to pipes, conduits, trees, fences or other visible structures.

6. Precautions shall be exercised at all times for the protection of persons and property. The Contractor and its subcontractors shall conform to all OSHA, Federal, State and County regulations while performing under this Agreement. Any fines levied by the above mentioned authon'ties due to failure to comply with any requirements shall be bome solely by the Contractor.

E. HardwarelSoftware Configuration

T i e Contrakt6r sblt Be responsible fa'rcanfimring softrrdreBnd Hardware as may be required for the projects, or jobs assigned, to provide a tumkey system. If the Contractor does not have the expertise in-house to configure software/hardmre on

Dated 1/22/02

BS V. MDC(7) 000052

PSC 5143

any of the above systems, it may upon approval by the County, utilize the services of subcontractors, provided they are factory certified to work on the System. In any event, the Contractor shall provide the MDAD with the appropriate Documentation detailing software and hardware configurations provided.

F. Power Supplies

The Contractor will be required to install, replace, analyze and repair chargers, rectifiers, inverters, uninterrupted power supplies (‘UPS”), power supplies for PBX and data systems With vdtage dividers (taking 1 10122OVAC converting to DC or vice versa). The Contractor must be versed in the repair, analysis and solutions to power system problems. Knowledge of grounding of power supplies and equipment cabinets is of primary importance. The Contractor: ( i ) must be able to follow manufacturer‘s specifications for grounding; (ii) must have appropriate test equipment, and be able to test systems for differences in ground potentials; and (iii) correct systems that do not meet manufacturer‘s specifications.

Penetrations in Concrete or Other Structural Members G.

Core drilling of poured concrete slabs, walls, beam, and the like, shall be performed in a safe and workmanlike manner, to minimize danger and damage to personnel and/or equipment and property, and dust production. All core drilling shall be completed in all telecommunications closets, MDF, IDF, before cable placement begins. Periodic clean-up and removal of debris generated during core drilling operations shall be performed by the Contractor.

The Contractor shall temporarily plug all slab penetrations as they are drilled to prevent dust and debris from the floor above from damaging any facilities on the floor below. Core drilling shall be scheduled and reviewed with the appropriate Building Manager before commencement. ,

H. Main PBWSwitch Rooms

For telephone rooms, the Contractor shatl comply with ANSI EIA TtA Commercial Building Standard for Telecommunications Pathways and Spaces.

1. Telephone Distribution Points 1

The Contractor, when requested by the County, shall comply with the following: \

1. Telephone distribution to areas distant from main telephone rooms requires an additional telephone closet or closets. Access to these spaces have the same requirements as telephone rooms as specified in the EIWIA 568 Sbndard Inaddition. sincemany distribution, pdntsare, itashallcw closet- . ,i,~-

type areas, free aqcess space in front of telephone backboards must be provided. This area must be kept clear for maintenance personud for a

Dated 1122102

BS V, MDC(7) 000053

PSC 5144

minimum distance of three (3) feet.

A plywood backboard, 314" exterior grade, painted black or blue with a minimum size of four feet by four feet (4'e x 4.4") shall be installed at all telephone distribution points.

2.

3. A minimum of one (1) four-outlet (quad) receptacle on a dedicated circuit shall be installed at the telephone and data backboard. This outlet shall be at a minimum height of sixty (60) inches AFF.

4.

5.

Adequate lighting shall be supplied at all telephone distribution points.

Each telephone distribution point shall be supplied with a suitable earth ground. The minimum size wire shall be number 4 AWG and shall terminate on a grounding bus at the lower right or left side of backboard.

J. Access

The County agrees to permit and arrange for access to the MDAD premises as it deems necessary for Contractor's technicians to perform the Services set forth in this Agreement. Access to Tenant premises shall be coordinated by the Contractor with the Tenants.

The County shall at all times have access to all Equipment, Systems, Subsystems. and work areas.

Contractor's Responsibility to Reconstruct Work Areas as Originally Found

Upon completion of any MAC, maintenance, or repairs, the Contractor shall reconnect any utilities, equipment, or appliances removed by the Contractor in the course of work, and replace all furniture, and objects moved by the Contractor for the performance of the work. Debris and rubbish created by the Contractor shall be removed and the premises left clean. This includes dust caused by the removal of ceiling tiles. Contractor will be responsible for replacing any ceiling tiles that are broken by Its personnel or subcontractors.

K.

L. Coordination Q $

Contractor shall fully cooperate, and when directed by the County, coordinate the installation of all Systems, Sub-Systems, and Equipment with any other contractor under contract with County, and with County personnet for work related to, but not included in, this Agreement. Contractor shall not modify the work of any other contractor or the County without the express, written consent of the Project Manager. '

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t

M. Uniformity and Standardization of Components 6

Dated I122102

af 42 of 101

PSC 5145

All components used in service provisioning shall be of the same type and manufacture as other components used for the same purpose in existing portions of the network. The Project Manager, must approve, in wriiing, any proposed changes to this component list due to obsolescence or other commercially acceptable reasons.

N. Removal of Unused Cabling and Equipment

During remodeling efforts OF furniture rearrangements within existing space, new MAC requests are submitted by the customers of MDAD. Existing outlets are to remain during this process, unless specifically identified in the request for removal. In addition, when walls are removed, the jacks shall be disconnected and cable records amended to reflect that change. In order to maximize existing cable plant, the Contractor shall avidly pursue disconnecting unused jacks for crossconnects to backbone cabling. Associated blocks shall be re-labeled and cable records updated where affected. The Contractor is responsible for opening and re-sealing fire rated assemblies when such assemblies are involved with the removal of unused cable and equipment.

0. Existing UtilitiedCablelDuct Locate Services

The utilities at MIA are covered under a blanket locate agreement for incidental jobs. The Contractor shall provide on-site cable locating support to augment the current locate service provider in situations where cable depth must be determined, or where direct buried facilities which fall outside of the provider service must be located. In addition, the Contractor's locate capability will be used to meet delivery schedules of MAC or repair service.

Existing Utilities: . 1. Before performing any utility modifications. utility shutdowns, or any hot work

on existing utilities within a building, or performing any excavation drilling holes, performing any vibrofiotation (vibrocompaction) work, hot work on any underground utility, or driving piles, the Contractor shall contact all concerned utilities.

Contractor shall complete the Underground Utilities Clearance SiiUff sheet and submit to the Project Manager.

1

2. I

3. Complete t h e Shut Down Request form and submit it to MDAD Maintenance Engineering in accordance with the form's instructions.

4 Sfow- mit'ratmy hot %o&. the'Contractor Shall silbmif'thg hof work permit" application. Hot work includes, but is not limited to, brazing, cutting, grinding, soldering or thawing of utility pipes, torch applied roofing, and weldmg.

Dated 1122102

BS V. MDC(7) 000055

PSC 5146

0 P. Unsatisfactory Work

The County will inform the Contractor within ten ( I O ) business days of Unsatisfactory Work. The Contractor has thirty (30) calendar days, commencing from the notification to remedy and cure the Unsatisfactory Work (the ‘Cure Period’), prior to the County withholding payment for the work. The County may extend the Cure Period.

ARTICLE 7 PROCUREMENT OF MATERIAL, EQUIPMENT AND INVENTORY

Except when the County requires the Conb-actor to provide competitive bids, the Contractor will be required to procure all parts, equipment, and software necessary to perform the work under this Agreement. These items are to be funded by the Contractor, and will be reimbursed and paid when the Department pays the invoice associated with the maintenance, MAC, and or project management services. The Contractor will maintain, in consideration for the payment of an annual spare parts carrying charge as provided in the Payment and Cost Reimbursements article, high use items “on-hand” in order to complete routine maintenance and MAC services within the aforementioned times. The Contractor will recommend and control a spare parts inventory list that will be solely used for maintenance repairs and MAC work. ”Special order“ parts are those that are not routinely used or are large enough that a “just in-time” approach suffices to the procurement of these materiafs. Parts will be designated to specific service requests or projects as they arrive. Any residual, excess, or left over material will become property of the County upon termination of the Agreement. Large item storage will be authorized in secured designated outdoor areas. THE CONTRACTOR SHALL NOT USE MDAD COMMUNICATION ROOMS AS STORAGE AREAS. The Contractor must adhere to all escort and security requirements in regards 19 delivery personnel.

0 A. Spare Parts Inventory

The Contractor shall maintain a spare parts inventory (the ‘Spare Parts Inventory“) in a County designated secured area (which wouM be within the Space), to support both scheduled and non-scheduled maintenance and repair, to ensure prompt repair of Equipment and for MAC services. From time to time it may be necessary to add or delete certain items from the Spare Parts Inventory due to equipment obsolescence or changes in network configuration which preclude the need for these materials. The Contractor shall regularly monitor the Spare Parts Inventory and recommend the addition andlor deletion of specific items. MDAD Telecommunications will review the Contractor‘s recommendations and where appropriate, issue written direction for the addition and/or removal of items from the Spare Parts InventoQ.

1 -

\

Dated 1122102

Bs v. MDC(7) 000056

PSC 5147

MDAD will purchase when and as required during the term of the Agreement all parts necessary for the ongoing operation and maintenance of all telecommunication, data and CUTE systems. Upon termination of this Agreement, MDAD will purchase the Contractor's remaining stocked spare parts inventory that the County deems necessary to the ongoing operation of its telecommunications, data network, and CUTE systems at the State of Florida contract or other agreed fixed price.

The Project Manager resetves the right to request that the stocked spare parts be modified, based upon supply and demand to service the Airport. The Contractor shall supply refurbished and remanufactured equipment if said equipment is requested by the County and is available via the Contractor's general product provider.

B. Capital Outlay Expenditures

1. Capital Expenditure Approval: The Contractor shall not make any capital expenditures except as expressly pre-approved by the Department in accordance with the Expenditure Authority article of this Agreement,

2. The Contractor shall continue to utilize its existing vehicles, fumiture and supporting ofice equipment including copiers, personal computers, facsimile machines in its operations structure, and title to these materials shall remain with the Contractor.

3. Installed Inventories: The Contractor shall provide serial numbers and locations for the Equipment, to the extent they exist. The Contractor shall establish appropriate controls. subject to review and approval by the Department, to deter pilferage, theft, conversion, disappearance, or other losses of County property from pventory. The Contractor, throughout the term of this Agreement, shall maintain a current and up-to-date perpetual inventory listing. Following the completion of each inventory required herein, except that required prior to the effective date of this Agreement, the Contractor shall pay to the County the net book value of any losses from inventory resulting from the negligence of the Contractor, Nothing contained, herein shall be construed to authorize the Contractor to dispose of any capital property of the County withouf the prior written approval of the Department.

*

C. Purchasing Procedures \

1. The Contractor will be required to sell to the County, at State of Flonda contract price, or other agreed fixed price, whichever is lower, or at a mutuaiiy agreedapan price- ii there is no Sta€e df'ft5riida price-'a@pIicabkf; alp parts and equipment necessary to perform the work under this Agreement. -

Dated 1/22/02

4s of 101 7-

6s V. MDC(7) 000057

PSC 5148

The Contractor shall pass on to the County any additional discounts offered by the equipment vendors and invoice MDAD for the actual cost paid for such equipment or parts by the Contractor.

2. At MDADs option, the Contractor shall provide to MDAD a minimum of three (3) qualified bids, if available, for MDAOs acquisition of specified parts, equipment, wiring, cables, materials, supplies. systems, subsystems, or software necessary to provide the Setvices under this Agreement.

3. The Contractor shall submit to MDAD on or before February 12,2002, the State of Florida contracts price or other Contractor fixed price. in a pre- approved pricing exhibit for items expected to be purchased.

4. The dollar threshold for purchasing equipment and parts, and appropriate authority levels are as described in the Expenditure Authority article of this Agreement. The Contractor shall obtain prior written approval in accordance with this schedule prior to purchasing any equipment or parts.

5. Procurement of major purchases, like a new PBX system, if not included in any of the existing contracts above. may necessitate the issuing of a separate solicitation document.

D. Deliveries and Shipping Costs

1. Deliveries of material will be scheduled and handled solely by the Contractor and MDAD will provide loading dock facilities. The Contractor assumes all responsibility for the delivery of all purchased items. Contractor shall make all deliveries of equipment and supplies in such manner and at such times and locations as may be reasonqbly approved. Emergency deliveries may be made at other times subject to prior arrangements with MDAD Telecommunications.

2. Shipping Costs: All shipments shall be via standard freight carriers and expedited shipment shall be utilized only when required and requested by MDAD.

E. Material storage space

The Contractor will be provided storage space.

F. Instrument Inventory and Labeling

~ l l telephone instruments and te1eco"Jnidatibns equipment installed or stored shall be inventoried, labeled and tagged using MDAD provided labels, as required -

Dated 1122102

BS v. MDC(7) 000058

PSC 5149

by the County.

Contractor shall provide new Equipment under this Agreement. If the County G. requests refurbished or remanufactured Equipment, the Contractor shall provide County with the cost for the refurbished or remanufactured Equipment and shall provide the refurbished or remanufactured Equipment upon County request. Contractor shall supply refurbished or remanufactured equipment only if said equipment is available via the Contractor's secondary market provider.

H. ' If Equipment is rejected-by the Piisjecf Manager or his or heT designee, the validity of rejection must be reviewed, determined and mutually accepted by the Project Manager and the Contractor, in accordance with the Unsatisfactory Work subarticle of this Agreement. Contractor, if detemined to be at fault, will as soon as practicable correct the Equipment. Failure of the Contractor to correct the problem(s) within the Cure Period, in accordance with the Unsatisfactory Work subarticle, gives the County the right to cease use of the Equipment and retum it to the Contractor for full credit. Any installed but rejected Equipment shall be disconnected and removed by Contractor from the original installation site of the Equipment, provided however, that the Contractor shall not be required to accept the retum of Equipment that has been damaged by County. Upon Equipment removal, the Contractor shall use all commercially reasonable efforts to retum the srte to its original condition.

The County reserves the right to request the Equipment manufacturer be brought on-site to provide technical support for the Contractor, if or when necessary.

I .

J. Title

Title to EauiDment andlor parts shall pass to the County upon the County's 0 reimbursement to the Contractor of thq cost of the particular item.

0

c

BS V. MDC(7) 000059

PSC 5150

ARTICLE 8 WARRANTY

A. New System or Equipment Warranty

Contractor shall warrant that, in accordance with the manufacturer's warranty, the Equipment, Systems, Subsystems, and Software purchased by or from the Contractor under this Agreement, from and after February 7, 2002, shall function in all material respects in accordance with the manufacturer's published specifications. Contractor will make all commercially reasonably efforts required to ensure that the Equipment, Systems, Sub-Systems, and Software operate in all material respects in accordance with the manufacturer's published specifications. The Contractor will be responsible for enforcing warranties of the equipment purchased from other contractor@) and vendor@), provided that litigation will only be required at the Department's request and expense for enforcement of a warranty.

B. MAC Warranty

Contractor shall warrant that the Equipment purchased for moves, additions, and changes from the Contractor under this Agreement shall function in all material respects in accordance with the manufacturer's published specifications for ninety (90) days from the date of completion of the installation. Contractor will make all commercially reasonable efforts required to ensure that the Equipment installations will function in all material respects in accordance with the manufacturer's published specifications.

C. Warranty Service

Contractor agrees to provide to the County for the Equipment or parts purchased from Contractor, warranty service to keep or maintain the Equipment or parts in, or restore the Equipment or parts to the condition necessary to operate according to the manufacturer's specifications. If the Contractor is unable to repair any defective items, the Contractor will replace and reinstall such replacement items. Warranty service includes: (i) preventive maintenance based upon the specific needs of the individual items of the Equipment or parts; (ii) unscheduled, oncall remedial maintenance; and (iii) adjustments and replacement of Equipment or parts deemed necessary by Contractor at no cost to the County.

? D. Contractor agrees that during the one (1) year warranty period, all subsequent or future Documentation and revisions to existing Documentation developed for the t

Equipment or system will be furnished to the County at no additional cost.

*

Dated 1/22/02

BS V. MDC(7) 000060

PSC 5151

The Contractor shall provide for a staff of thirtyeight (38) persons as of February 6, 2002, which the Contractor recommends is necessary to support the operations. management, maintenance, service, support and equipment and supplies of the telecommunication and data network infrastructure, hardware and software systems as herein described in this Agreement. It IS assumed that subcontractors shall only be used, subject to prior written approval from the Department, when the existing work force is unable to perform the maintenance. MAC, and prqect management services within established time frames.

1. Categories of Labor to be Provided by the Contractor

The Contractor must provide, either through its own staff or through subcontractors, the labor competent to perform the following descnbed work, as needed to perfom the services required by the County. The Contractor shall provide a list of all personnel assigned to this Agreement that includes their title and job responsibilities. Any changes in staffing shall be approved in advance by the Department. If additional personnel are needed to perform the services, the Contractor shall submit a staffing proposal request that includes justification and a cost proposal to the County for its consideration and approval. The County reserves the right to review the Contractor‘s operations, and if the System requirements decrease, can correspondingly reduce the Management Fee, provided that in no event shall the Management Fee be reduced as a result of the County’s decision to retain or employ a third party to perform the portion of the System requirements which had been reduced from this Agreement. The Management Fee may be correspondingly reduced as a result of the County’s decision to retain or employ its’ own personnel, up to a maximum of six (6) people, to perform a portion of the System requirements.

A. Engineering and Project Management Staff

The contractor shall be experienced with private and public telephone and data network systems environments and be familiar with the design and implementation of;

PBX systems, electronic key systems, 1A2 key systems, ACD systems, Auto AttendantsNoice Mail systems, Voice Response units. Data communications systems. Transmission systems such as TI, Frame Relay, ISDN, ATM, ADSL. Single and multr-zone paging systems. Outside plant design including applicable LEC practices. Inside plant including telephone rooms and closets. riser systems. MDFs, IDFs, and backboards according to Miami-Dade County specifications.

Floor plans, incluqing equipment layout for the installation of telephone

1

I

t,aCwep?5;mts, tr;cluding UPS and ba#ery banks. I , ” ,L - ,

G / 49 of 101

BS V. MDC(7) 000061

PSC 5152

systems and computer floors. Environmental requirements, including air conditioning requirements, power requirements, grounding, and fire protection.

Any other industry defacto requirements as the technology changes require for all subsequent sections.

9)

10) Traffic analysis. 11)

B. Telephone Technicianllnstafler

The'*Cdntractor shalt provide -techniciarrslirrstalrerS that are total19 familiar \;vitKthe installation, repair, and maintenance of various types of telephone systems. This Agreement requires installers that have expertise in the installation of intercoms, paging systems, speaker phones, answering machines, call sequencers, announcers, voice response units, electronic key systems, PABXs, and all types of voice and data cabling and telephone instruments.

The technicianlinstaller performing the work must be factory certified in the installation and repair of telephone and network systems installed in the Airport and be equipped with standard installation tools and test equipment.

The telephone technicianlinstaller shall be equipped with diagnostic tools appropriate for the equipment being tested and materials being installed. All test equipment shall be certified for the systems and circuits being tested.

C. Data Tec hn icianllnsta I ler

The Contractor shall provide data technicianslinstallers who are knowledgeable in the 0

following areas related to Local and Wide Area Networks:

1) The following layers of the Open System Interconnect (YOSI") open network architecture: ,

a) The Physical Layer and equipment such as repeaters. b) The Dafa Link and equipment such as bridges. c) The Network Layer and equipment such as routers.

2) Medium and connectors for Ethemet, token ring, FDDI, such as Category 5 and fiber optic cables.

3) Installation practices of the Physical Media per EWTlA 5684 569,606, 607, TSB 67 and any other standards.as they are published.

4) Safety and fire codes such as the National Efectrical Code, as they apply to

Data communications equipment such as moderns, CSUslDSIJs, and

grouncling,-powerrand fire stopping: 3 . r

1

5)

?

I

Dated I JZZlOZ

BS V. MDC(7) 000062

PSC 5153

multiplexers;.

6) Communications circuits such as Tl , frame relay, ISDN, ATM, and ADSL.

The data technician/installer performing the work shall be knowledgeable and experienced in the installation of data communications cabling and equipment as per the technical specifications identified above. The data technicianhstaller shall be equipped with diagnostic tools appropriate for the equipment being tested and materials being installed. All test equipment shall be certified for the systems and circuits being tested.

D. Cable Splicer

The cable splicer shall be proficient in installing, splicing and trouble-shooting various kinds of inside and outside plant cables, both underground and overhead, to include fiber optic, CAT 3, CAT 5, shielded cables and any other specified cable infrastructure.

E. Customer Service Representative (“CSR”)

T M Contractor’s CSR will interface between MDAD and SATS users of telephone equipment and the County’s common carriers in providing a range of telephone and data services to MDAD and SATS users. The Contractor‘s CSR shall be experienced in interacting with public and privately owned telephone companies. public and private sector executives and dignitaries, technical and non-technical individuals, and will be required to have good public relations and interpersonal skills.

F. General Manager

A General Manager or equivalent level person with day-today operational responsibility for the competent performance and fulfillment of the duties and responsibilities of the Contractor under this Agreement, and who is authorized to accept service of all notices provided for herein. The General Manager skiall be qualified and experienced and must have had at least three (3) years of recent management experience, with similar responsibility for a comparably-sized, similar operation, or equivalent supervisory experience. The General Manager shall be dedicated totally and solely to the fulfillment of the Contractor‘s obliQations at the Airport p,ursuant to this Agreement. and shall maintain a primary office within the facilities provided by the County at MIA. The Department shall have the right to require the Contractor to replace the General Manager.

2. Personnel

The Contractor shall recruit, screen, and employ such full-time, part-time and Contractor personnel as needed for the Contractor to competently and efficiently fulfill its obligations under the terms of this Agreement. The Department shall have the-ngkt k Wprave personnei.~~bR,.employed in designated classifications or .

levels. 1

*

Dated 1R2lO?

51 of 101

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BS v. MDC(7) 000063

PSC 5154

3.

4.

5.

6.

7.

Personnel Standards

A. The Contractor shall only fill positions with personnel who have met all of the personnel provisions of this Agreement and who meet the minimum training qualifications required for each position.

B. The Contractor shall ensure that all employees present a clean, neat and professional appearance at all times, and perform their duties in a cooperative, courteous, and efficient manner. Contractor employees shall be dressed in manner suitable for the type of work they'ard to perform.

C. Removal of Staff

The County reserves the right to request the Contractor to remove from the Contractor's staff, within thirty (30) days of receipt of written notice, any individual performing services under this Agreement, whose performance, behavior, or conduct is found unsatisfactory to the County or MDAD. The Contractor shall supply competent employees. The County may require the Contractor to remove an employee the County deems careless. incompetent, insubordinate or otherwise objectionable, and whose continued employment on County property is not in the best interest of the County. Any employee of the Contractor's staff in violation of the security provisions will be subject to immediate removal from the Contractor's staff assigned to perform the duties under this Agreement.

Employees are the Responsibility of the Contractor

All employees and subcontractors of the Contractor shall be considered to be, at all times, employees of the Contractor under its sole direction, and neither employees nor agents of the County. Each Contractor employee shall have and wear proper identification.

Tips and Gratuities

No employee of the Contractor shall be permitted. directly or indirectly to solicit, accept, or request any form of tip or gratuity from anyone.

Employee Relations Expenses

The Contractor shall not be reimbursed by the Department for any legal or other services with respect to employee relations matters applicable to employees of the Contractor, unless prior written approval is granted by the Department.

* L

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Language Requirements-r 9

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b v- 52 of 101

BS V. MDC(7) 000064

PSC 5155

The Contractor‘s supervisors, who must be able to take instructions from its management or, in the event of an emergency, from the Department, must be able to communicate in English.

8. Other Agreements

The Contractor shall not, without the specific advance written approval of the Department, which approval may be withheld without stated cause, enter into any contract, agreement or arrangement of any kind, which would or could in any way serve to (a) increase Reimbursable Operating Expenses for wages or fringe benefits, (b) modify or change the duties, work rules, working hours or responsibilities of reimbursable employees of the Contractor hereunder, or (c) delegate or assign to any other patty the right to make decisions as to such matters.

9. Labor Activity

If any strike, boycott, picketing. work stoppage, slowdown or other labor activity is directed against the Contractor at the Airport, which results in the curtailment or discontinuance of services performed hereunder, the Department shall have the right, dunng said period, to cause the services required to be provided under this Agreement to be performed by others without any liability to the County. During such period, this Agreement may be abated at the sole discretion of the County. If such strike, boycott, work stoppage, slowdown, or other adverse labor activity

continues for a period to thirty (30) days, the County shall have the right to terminate this Agreement for cause.

io. Competing Employment e Contractor’s on site employees shall not engage in any type of activities for the provisioning of sewices outlined in this Agreement to entities other than MDAD and the SATS customers of the Departmenfduring the employees’ working hours under this Agreement, and the employees will be dedicated totally and solely to the fulfillment of the Contractor’s obligations at the Airport required by this Agreement, during said working hours. Except as may be required by law, the Contractor and its employees, agents, subcontractors and suppliers will not repreknt, directly or indirectly. that any product or semce provided by the Contractor or such other parties has been approved or endorsed by the County, but Contractor is not precluded from listing County as a customer. The Depahnent will not directly solicit the Contractor‘s employees, and will not tell other competitors of the Contractor to solicit the Contractor’s employees.

ARTICLE 10 AIRFIELD OPERATIONS AREA (‘‘AOA”) SECURITY

1. Contractor acknowledges and accepts full responsibility for compliance with all - Dated 1/22/02

BS v. MDC(7) 000065

PSC 5156

-

2.

3.

4.

5.

applicable rules and regulations of the FAA and MDAD as set forth from time to tim relating to Contractor’s work at the Airport. Contractor fully understands and acknowledges that any security measures deemed necessary by the Contractor for the protection of jobsite, or equipment and property and access to the AOA through the jobsite shall be the sole responsibility of the Contractor and shall involve no additional cost to MDAD. All such security measures by the Contractor shall be in accordance with FAR 107 and the MIA security plan.

MDAD authorized identification badges will be issued to all Contractor employees working in the security identification display area (‘SIDA”) or any other secured area of MIA. All such employees will be issued photo identification badges and will be subject to Federal Bureau of Investigation (“FBI”) fingerprint based criminal background investigation. Unless otheMlise specified, identification badges wll not be required or issued by MDAD for work performed at the GMs.

The Contractor shall be responsible for requesting MDAD to issue identification badges to all employees whom the Contractor requests be authorized access to the SlDA and shall be further responsible for fhe immediate reporting of all lost or stolen identification badges and the immediate return of the identification badges of all personnel transferred from MIA assignment or terminated from the employ of the Contractor or upon final acceptance of the work or termination of this Agreement. Contractor will be responsible for fees associated with lost and unaccounted badges as well as the fee for fingerprinting and identification issuance.

All employees of the Contractor and its subcontractor(s) who must work within MDAD secured areas at MIA shall be supplied with MDAD identification badges as specified above, which must be worn at all times while within the secured area. Badges shall be worn on outer garments above the waist so as to be clearly visible in order to distinguish, on sight, employees assigned to a particular Eontractor. The MDAD Security and Safety Division shall provide the identification badges to the Contractor. Each employee must complete the SlDA training program conducted by MDAD and comply with all other FAA or MDAD requirements as specified by the MDAD at the time of application for the identification badge before an identrfcation badge is issued. At the present time, MOA0 Security and Safety identification Section regularly provides SlDA Training.

Ramp permits will be issued to the Contractor authorizing vehicle entrance to the AOA through specified MDAD guard gates for the term of this Agreement. These permits will be issued only for those vehicles (including vehicles belonging to the subcontractor(s)) that must have access to the site during the performance of the Agreement. These permits will be only issued to Contractor owned vehicles or to Contractor leased vehicles (leased from a commercial leasing company), AOA decals, passes or permits to operate within the AOA will not be issued to privately owned ur privaklyleased vehicles. All vehicles’ operating within the AOAmust have conspicuous company identification signs (minimum of three (3) inch letterint

,

c

displayed on both sides of the vehicle. c

54 of 101

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PSC 5157

All vehicles operating within the AOA must be provided with the Automobile Liability Insurance required in this Agreement. Proof of such insurance shall be provided to MDAD Airside Operations Division upon request Unless otherwise specified in the Agreement, ramp permits will not be required or issued by MDAD for work performed at the GAAs.

6. Before the Contractor shall permit any employee with pictured identification to operate a motor vehicle on the AOA without MDAD escort, the Contractor shall requiresuch employee to have a current, valid, appropriate Florida driver's license and to attend and successfully complete the AOA Driver Training Course conducted periodically by the Department. The privilege of a person to operate a motor vehide on the AOA may be withdrawn by the Department because of violation of AOA driving rules or loss of Florida driver's license.

'

7. The Contractor agrees that its personnel, vehicles and other personal property are subject to being searched when attempting to enter, leave or while on the AOA. It is further agreed that MDAD has the right to prohibit an individual, agent or employee of the Contractor or subcontractoifs) from entering the AOA, based upon facts which would lead a person of reasonable prudence to believe that such individual might be inclined to engage in theft, cargo tampering, aircraft sabotage or other unlawful activities, including but not limited to repeated failure to comply with MDAD, and FAA SlDA and AOA access control policies. rules and regulations. Any person denied access to the AOA or whose prior authorization has been revoked orsuspended on such grounds shall be entitled to a review hearing before the Director or his or her authorized designee within a reasonable time. Prior to such hearing, the person denied access to the AOA shall be advised, in m'ting, of the reasons for such denial.

The Contractor acknowledges and understands that these provisions are for the protection of all users of the AQA and are intended to reduce the iocidence of thefts, cargo tampering, aircraft sabotage and other unlawful activities at MIA and to maximize compliance with MDAD and FAA access control policies and procedures.

The Contractor understands and agrees that vehicles shall neither be parked on the AOA in areas not designated or authorized by MDAD, nor in any manner contrary

8.

to any posted regulatory signs, traffic control devices or pavement markings, ?

9. The Contractor understands and agrees that all persons entering and working in or around arriving intemational aircraft and facilities used by the various Federal Inspection Services agencies may be subject to the consent and approval of such agencies. Persons not approved or consented to by the Federal Inspection Services agencies shall not be employed by the Contractor in areas under the jurisdiction or control of such agencies. Persons not approved or consented €0 liy the Federal Inspection Setvices agencies who enter such areas are subject to fines,

T.

Dated 1/22/02

t7 5.5 of 101

Bs V. MDC(7) 000067

PSC 5158

which shalt be borne entirely by the persons and/or the Contractor.

10,

11.

12.

13.

14.

1.

Notwithstanding the specific provisions of this article, MDAD shall have the right to add, amend or delete any portion hereof in order to meet reasonable security requirement of MDAD or FAA.

The Contractor shall ensure that all employees so required participate in such safety, security and other training and instructional programs, as MDAD or appropriate Federal agencies may from time to time require.

Contractor agrees that it will include in all agreements with its subcontractor(s) an obligation by such parties to comply with all security requirements applicable to their operabons at MIA. Contractor agrees that in addition to all remedies, penalties and sanctions that may be imposed by MDAD or the FAA upon the Contractor's subcontractor(s) and its individual employees for a violation of applicable security provisions, the Contractor shall be responsible to MDAD for all such violations and shall indemnify and hold MDAD harmless for all costs, fines and penalties arising therefrom which shall include reasonable attorneys' fees.

AOA Security at GAAs: The Contractor and its subcontractor@), and suppliers shall "sign in" and "sign out" at the airport's manager's office or his designated representative whenever the Contractor is performing work at a GAA.

In the event the Contractor is assigned a project within the Customs area and the Contractor is required to obtain an Airport Customs security bond, the Department shall reimburse the contractor the cost of the premium for such bond, as substantiated by the invoice.

ARTICLE I 1 BUDGETING. MEETINGS AND REPORTS

Preliminarv Budset Estimate

Annually, on or before October 1st. the Contractor shall provide the Department with a preliminary budget estimate (the Preliminary Budget Estimate") for all expenses

under this Agreement. The estimate shall be established in good faith, but shall not be a warranty or assurance of any kind regarding the actual expenses which will be incurred. The preliminary budget estimate is intended to allow the Contractor to work with the County in order to assist it in its budgeting for expenses related to the Scope of Services in the following fiscal year. The Contractor shall also provide a projected SATS billing report for the folfowing fiscal year.

The Contractor's price proposal for the Scope of SeM'ces (except for Future Plans) for the System, will be the initial Preliminky Budget Estimate, which is attached to this Agreement

anticipated to be needed to provide for the Scope of Services in the following fiscal year i

!

Dated 1/23/02

56 of101

Bs V. MDC(7) 000068

PSC 5159

as Exhibit 5.

The Preliminary Budget Estimate shall include comparisons to the current fiscal year with a summary of all recommended changes in compensation and staffing, if any, and include the following:

(A) The total number of employees of Contractor under this Agreement.

(B) A classification title and job desuiption of each job to be preformed by employees of Contractor hereunder.

(C) The total number of employees who will be performing each job classification hereunder.

(D) The total wages or salary to be paid each employee hereunder according to job classification.

(E) The total fringe benefits including holidays and holiday pay, annual, sick and other types of leave, hospital and life insurance, retirement plan, and the like.

(F) Total prices for Agreements with Vendors.

(G) Estimated total subcontractor prices.

(H) Estimated total parts and materials prices.

( I ) Total spare parts carrying costs.

(J) Estimated total Reimbursable Expenses.

2. Pricinw of Emdovee ExDenses bv the Contractor

Contractor shall not change. alter or modify any of the following, without the prior written appccaval of the Department:

The total number of employees of Contractor used to perform the services hereunder.

A.

B. The classification and job description of each job to be performed by employees of Contractor used to perform the services hereunder.

The number of employees who will be performing each job classification i ,treunderr?."= -

C,

1

D. The wages or salary to be paid each employee hereunder according to job

Dated 1/21/02

6s v. MDC(7) 000069

PSC 5160

classification.

The fringe benefits including holidays, holiday pay, overtime policy, annual, sick, and other types of leave, and health and life insurance.

The m a x h ” number of entry level employees retained by the Contractor during any twelve-month period.

E.

F.

3.

The Department may, at any time, upon fifteen (15) days written notice, require the Contractor to change, alter or modify any or all of the following:

Chanqes in Emplovee Expenses by the Department -

A.

B.

C.

The total number of employees of Contractor paid for by the County according to the provisions hereunder, subject to the provisions of the Personnel section of this Agreement, article 9, subarticle 1.

The classification title and job description of each job to be performed by employees of Contractor hereunder, provided that the County shall compensate the Contractor for any increased compensation due employees as a result of an increase in title or job description.

The number of employees who will be performing each job classification hereunder, provided that the County shall compensate the Contractor for any increased compensation due employees as a result of an increase in the number of employees, and that no reduction occurs which causes the number of employees performing in a different job classification to become insufficient, to perform the services required in that other classification.

If any such change, alteration or modification results in an increase or decrease in employee expenses, then the cornpengation as defined in the Payments and Cost Reimbursements article shall be adjusted accordingly by the Department.

4. Meetings and Reports

A.

B.

Dated 1/22/02

Meetings. The Contractor’s management team will be required to attend periodic meetings as required with Tenants and MDAD to discuss on-going status of various projects. This also includes daily exposure to Tenants and MDAD users to perform field surveys and determine the scope of work required to provide requested services for various projects as well as routine day to day MAC service requests. The Contractor shall maintain daily contact with the Tenants when appropriate, to ensure the timely completion of service requests.

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Reporting. The following list represents mandatory reports that the County requires at the listed interval or as requested by MDAD. Sampks and

7i/ 58 of 101

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PSC 5161

formats of the reports shall be provided by the Contractor no later than fifteen (15) days after the execution of the Agreement. The format of all reports shall be approved by the Department.

(i) OCCURRENCE REPORTS

0 Parts Price List - As Requested. 0 Circuit Cut-Sheets -As Requested. 0 Custom Cable Record Reports - As Requested. ,

(ii) MONTHLY REPORTS

Average response time for major and minor failures categorized by regular and after hour activity. Percent of work orders completed within specific time frames. List of completed and pending work orders. Order Report which outlines number of hours by labor type and activity for all personnel Availabilitv Reports which outline availability of all circuit types/ports, PBX switches. trunks, fiber links. network and other major systems. 30/60/90 Day Invoice SATS Billins Report, which will include the following information:

(a) Dates of transactions. (b) Dollar values of transactions (both billing rates as well as cost calculations

(c) Invoice date and number. (d) Separate CUTE billing.

and support).

Monthlv Financial Statement, refletting SATS expenses and SATS billings incurred pursuant to this Agreement. Preventive Maintenance lnsoection ReDorts that outline what is done to maintain manufactured suggested maintenance for equipment covered under this contract. Audit Reports that detail results of locations and circuit types testedlaudited for

records and recovering existing cable plant not in use. Circuit Capacity Reports that outline circuit types / amounts / % capacity for various locations

cable record accuracy. These activities are aimed at ensuring accurate cable t

(iii) QUARTERLY REPORTS

Sepwtsth& o&invtotal* amounts-invoiced by aetivitpltypeau?tined. in4nvoice-- 9-u

matrix. Reports shall also indicate number of hours expended by labor type towards that specific activity. .cI

Dated 1/22/02

7 59 of 101

Bs v. MDC(7) 000071

PSC 51 62

EUuifx”t Inventor\L - Includes PBX, network, and Gigabit EthemetB Components / Systems and sparing levels. Contractor Staffinq Orsanization Chart Contractor Staffino Contact I Notification List

(iv) ANNUAL REPORTS

The Contractor shall submit a configuration and change management procedural plan on a yearly basis for review and approval by MDfiD. Marketing and customer service plan Revenue and billing management plan Annual budget

5. Other Reports

The Department may request the Contractor to provide other reports which may or may not be generated by the Contractor in the normal course of operations.

6. Records

The Contractor shall deliver copies of all original documents and records required to be maintained pursuant to this Agreement or necessary to perform the Services no later than fifteen (1 5) days after the request for the documents or records. Upon request and during regular business hours, the Department shall be provided all documents and records required to be maintained pursuant to this Agreement, and permitted to inspect such documents and records. Copies of the specific documents shatl be provided at the cost of the Department. Further, if and to the extent that any other records are required to be furnished under Chapter 119, Florida Statutes, the Contractor shall provide same. The Department may require the Contractor to provide all documents and records required to be maintained pursuant to this Agreement, including. but not limited to, inspection reports, progress reports and financial records.

ARTICLE 12 PAYMENTS AND COST REIMBURSEMENTS

The monies paid the Contractor shall be determined as set forth in subarticles 2 and 3 below, and may be greater or less than the Preliminary Budget Estimate.

1. Acquisition costs

a. The County will purchase on February 6, 2002 and Contractor will transfer the unencumbered title to all assets used in connection with the ELM Agreement as described in Schedule A to that Agreement, in addition to.an&requiced licenses, or. permit transfer fees, upon payment by the County of $3,250,000 to the Contractor,

Dated 1/22/02

60 of 101 72.

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BS V. MDC(7) 000072

PSC 5163

b.

C.

d.

e.

f.

2.

a)

The County will purchase on February 6, 2002 and Contractor will transfer the unencumbered title to all assets used to provide services pursuant to the SATS Agreement as described in Schedule E of the SATS Agreement, in addition to any required licenses or permit transfer fees, upon payment by the County of $3,100,000 to the Contractor.

The telecommunications, data network, and CUTE infrastructure, software. licenses. permits, and other assets to be purchased by the County on February 6, 2002, (collectively, the uAssets"),shall be in good working order, subject to normal wear and tear. The County recognizes that the Assets are used and that, therefore, the Contractor makes NO OTHER WARRANIY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR THE FITNESS OF THE ASSETS FOR A PARTiCUlAR USE beyond ninety (90) days, provided that there has been no modification or alteration of the Assets by or at the direction of the County within the ninety (90) period.

The County will on February 6.2002 pay the sum of $100,000 to the Contractor in accordance with Article 6C of the ELM Agreement.

The County will on February 6, 2002 pay all ELM Agreement invoices due the Contractor that are outstanding and remitted to the County prior to January 1,2002. All invoices received on or after January I, 2002 will be paid on a timely basis. The County is neither liable for nor will pay any portion of an ELM Agreement invoice which either contained or contains a subcontractor labor mark-up of greater then seven and one-half percent (7 3 1 YO).

The Parties shall, on February 6,2002, exchange mutual releases of any and all claims arising from the ELM Agreement and the SATS Agreement, except for the monies payable to the Contractor pursuant to clause (e) above and any SATS revenue owed to either the County or the Contractor from the other party based upon the completion of the SATS revenue audit.

Manaclement Fee

Basic Scope of Services

Except for the compensation for project management services and reimbursements, ? the Contractor shall be paid a management fee (the 'Managewent Fee") to provide for all of the operations, management, maintenance, service, support and procurement services, including all Agreements with Vendors associated with the telecommunications systems provided in Exhibit 6, of the telecommunications and data network infrastructure, hardware and software systems as herein described in this Agreement. This Management Fee shall indude the Contractor's profit and in du for these Servkes; 8 skiff transition *cost for*th€Yfirsf year. of this ' *- = Agreement, and a spare parts carrying charge.

1

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Dated 1/22/02

73 61 of 101

BS V, MDC(7) 000073

PSC 5164

1. The County shall pay to the Contractor, as consideration for managing and providing the services required herein, an annual Management Fee of $ 6,144,067 payable in arrears and in equal monthly payments of $ 512,005.58, upon billing by the Contractor in accordance with this article. The payments for any partial month shall be prorated.

Such Management Fee may be increased only when the existing work force is unable to perform the services without a degradation in the System, and under the following circumstance for additional services rendered;

If, as a result of the County’s Capital Improvement Program (YCIP”), the Services provided by the Contractor hereunder increases, and/or when otherwise approved in accordance with this Agreement (for example changes in employees’ expenses), the County shalt increase the monthly Management Fee in an amount commensurate to the increase in the Contractor’s Services. If the Contractor believes that additional personnel are needed to perform the Services, or that Agmements with Vendors need to be added, or that existing Agreements with Vendors need to be changed, the Contractor shall submit a proposal request that includes justification and a cost proposal to the County, and the County may increase the monthly Management Fee accordingly.

The County reserves the right to review the Contractor’s operations and if the System requirements increase or decrease, the County may. subject to subarticles 9.1 and 11.3, correspondingly increase or reduce the Management Fee based upon an addition or reduction in the Contractor’s staffing requirements, or change in Agreements with Vendors. The Contractor shall calculate changes in the Management Fee by using the base salary of the employee according to job classification (“Direct Salaries”) as reported to the Director of the United States Internal Revenue Services, times a 2.73 multiplier of such Direct Salaries and taking into account changes in Agreements with Vendors. The 2.73 multiplier is all inclusive, and compensates Contractor for all expenses directly or indirectly related to that employee’s compensation, including but not limited to, social secunty, medicare, health insurance, unemployment, all benefits, and National Technical Resource Center (“NTRC”). and associated facilities provided to the employee such as vehicles, ofice equipment, office supplies, furnishing, and test equipment. plus all Contractor‘s overhead and profit: all of which items are included in the lump sum Management Fee.

2. The above Management Fee includes the Agreements with Vendors compensated by the agreed fixed dollar amount plus fourteen percent (14%).

Spare parts carrying charge equal to ten percent (10%) times the Spare Parts 3. cost calculated and payable monthly. -

7 F 62 of 101

BS V. MDC(7) 000074

PSC 5165

4. The Management Fee will be adjusted to reflect a four percent (4%) increase in the salaries of the Contractor's personnel for the second year. The Management Fee may be adjusted based upon the total value of the Spare Parts Inventory.

b) Project Management Services

When subcontracting is required, authorized in accordance with the Scope of Services article of this Agreement, and the Contractor has competitively bid out the work order@), the Contractor agrees to an agreed fKed dollar amount of compensation (the sum of the lowest responsive and responsible subcontractor bids) plus fourteen percent (14%) of the price of the subcontractor work, as compensation for the Contractor's management of the work supplied.

The County shall have no obligation to pay the Contractor any additional sum in excess of this lump sum amount, except for a change and/or modification to work order(s) approved and executed in writing by the County and the Contractor.

All Services undertaken by the Contractor before the County's approval of the respective work order shall be performed at the Contractor's sole risk and expense.

c) The Contractor shall receive compensation of ten percent { 10%) af new billings for the term of this Agreement for SATS services as provided in the Marketing and Customer Service Plan. The Contractofs compensation related to SATS customers expires at the termination of this Agreement.

3. Reimbursements

All Reimbursable Expenses shall be approyed in advance by the Department. The Contractor shall represent and warrant on each invoice that it submits for payment of a reimbursable item, that it has no interests, directly or indirectly, in the reimbursable products or services that have not been disclosed in writing and approved by the County, and that all direct or indirect discounts related to the purchases have been provided to the County. Payment .for Reimbursable Expenses may be requested monthly and shall be made on duly certified invoices listing such expenses and substantiated by supporting

without any additional Contractor's mark-up of any kind except where noted: documentation. The Contractor shall be entitled to the following direct reimbursements ?

I

a. Procurement of Material, Equipment and Inventory: The Contractor shall submit to Department. for each item purchased, the item, the price and a grand total. including the amount of freight and tax, and the work order number..

tr: '- - Air-pri Cusbms secarity"bond. -

c. When an on-site technical training course is requested, the County will payfor the 7

Dated 1/22/02

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BS V. MDC(7) 000075

PSC 5166

cost of the training class, Contractor's instructor's air-fare, lodging and meals during the training session, in accordance with Section 11 2.061, Florida Statutes.

d. In the event that the Contractor responds to trouble calls from the CRC, the Contractor will be compensated at one and one-half (1.5) times the chargeable rate for that employee ($100 per hour chargeable for voice personnel and $130 per hour for data personnel, each multiplied by the applicable amount) for work performed after hours Monday through Sunday and two (2) times the chargeable rate for that employee for work performed on Contractor Holidays.

The Management Fee described above already incorporates the payment of regular hours of all personnel. For the payment of approved overtime, however, the reimbursement to the Contractor will be paid in the amounts provided in clause (d) above, and shall be based upon the chargeable rate for that employee times one and one-half (1.5) for work performed after hours Monday through Sunday and 2.0 for work performed on Contractor Holidays. There shall be no overtime payment for any management andlor supervisory personnel.

e.

f. Parking reimbursement for Contractor's employees.

4. Subcontractors and Agreement with Vendors

All subcontractors and Agreement with Vendors shall be approved in advance by the Department. The Contractor shall represent and warrant on each invoice that it submits for payment of the following listed items, that it has no interests, directly or indirectly, in the referenced products or services that have not been disclosed in writing and approved by the County, and that all direct or indirect discounts related to the purchases have been provided to the County. Payment for subcontractors and Agreement with Vendors may be requested monthly and shall be made on duly certified invoices listing such expenses and substantiated by supporting documentation, and which shall include the original subcontractor or Agreement with Vendor invoice(s). The Contractor shall be entitled to monthly payments of its invoices related to the following items:

Y a. Subcontractors, when approved by the Manager, are necessary for the .

accomplishment of the Services. Other than the Project Management Services described above, if subcontractor@) are needed for any Service, the cost of the subcontractor will be reimbursed to the Contractor at cost plus fourteen percent (14%).

b. The Costs associated with variable Agreements with Vendors will be reimbursed to Contractor at cost plus fourteen percent (14%). '

1

.c

Dated 1/22/02

64oflOI 7 6 Bs v. MDC( 7) 000076

PSC 5167

5. Non-reimbursable Expenses

Unless specifically authorized in writing in advance by the Department, the Contractor shall not be reimbursed for expenses of the following type or kind:

a. The Contractor’s legal and accounting fees.

b. Charitable and political contributions.

c. Travel (except when approvedin advance for training services) and entertainmenf.

d. Corporate public relations, gifts, dues, subscriptions, and memberships.

e. Any penalties, assessments or fines issued by any court or authorized govemment entity or agency, unless such penalty, assessment, or fine results from the direct action or inaction of the County, provided however, that the County will not be liable for such amounts when acting in its governmental capacity.

Cash Losses or Losses from Emplovee Theft 6.

All cash lasses or losses from employee theft shalt be the responsibility of and be reimbursed by the Contractor.

7. PromDt Pament

The Contractor shall be responsible for making prompt and timely payment of all obligations arising out of this Agreement, to maximize the potential for available discounts and rebates, and comply with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. All discounts, allowances, and rebates paid or received hereunder shall be to the credit and benefit of the County. The Contractor shall pay from its own funds any penalty, fine or like assessment resulting from any late, delinquent, or delayed payment of an obligation hereunder; provided, the Contractor has not‘ been unduly delayed in making payment of such obligation by action or inaction of the County.

6.

Contractor may submit monthly statements as set forth in this article on a monthly basis, but only after the Services for which the monthly summary statements are submitted have been completed. An original monthly summary statement as set forth in the subarticle below is due within thirty (30) days of the end of the month. except the final invoice which must be received no later than sixty (60) days after this Agreement terminates or expires. Invoices shalt designate the nature of !he Services performed and/or the expenses

incurred.

Method of Billing and Payment

a. Prior to submitting its firstinvoice, the Contractor shall submit a sample format of - Dated 1/22/02

65 of 101 33

6s v. MDC(7) 000077

PSC 51 68

its monthly-itemized summary statement and invoice for the Department’s review and approval for use for this Agreement.

The Contractor will provide itemized billings for purchases made on behalf of, and authorized by MDAD. These itemized billings shall be sufficiently detailed to establish the cost to the County of individual components supplied.

Alt invoices for subcontracted labor costs shall have attached supporting invoices with details of personnel employed, hours worked, amounts paid and such other information as necessary to ensure compliance with the terms of this Agreement.

b. Invoices and payments are to be mailed to:

Miami-Dade County - MDAD Accounting Division PO Box 592075 Miami, FL 331 59-2075

c. The County shall pay the Contractor within forty-five (45) calendar days of receipt of the Contractor’s invoice, pursuant to Section 218.74, Florida Statutes and Section 2-8.1.4(4)(b), Code of Miami-Dade County, Florida (1994). All invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by the Project Manager. Payment may be withheld or delayed for failure of the Contractor to comply with a term, condition, or requirement, of this Agreement. Within the time for payment, County shall deliver written notice to Contractor setting forth the specific reasons why any portion(s) of an invoice are not being paid. Interest on improperly delayed payments shall be paid at the rate of one percent (1 %) per month, and commence thirty (30) days after the due date of the payment.

Payment shall be made to Contractor at:

NextiraOne, LLC 21 398 Network Place Chicago, IL 60673-121 3

d. Except as specifically permitted under the Subcontractual Relations article of this Agreement, the County shall not offset an amount claimed to be due, against an invoice which otherwise is payable in accordance with this article-

e.

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The Parties will comply with Section 196.295, Florida Statutes. I

9. Pavments to the County

814’1;s Agreement will be tenninat&on F;ebruaryb6, *200!?, and the Contractor shall upon completion of the SATS revenue audit cunentiy being conducted. pay to MDAD any amounts found to be due and owing arid vice versa if the audit shows an underpuyment.

I -

Dated 1122i02

BS V. MDC(7) 000078

PSC 5169

The Contractor will pay to the County the sum of $110,000 on February 6, 2002, on account of excess space occupied without lease by the Contractor in Building 3030 at MIA for the period from November 1, 1997 up to and including February 6,2002.

ARTICLE 13 , S O W A R E LICENSE

The County and the Contractor recognize that title to and ownership of the existing Equipment used in connection with the ELM Agreement or to provide services pursuant to' the SATS Agreement as described on Schedule A to the ELM Agreement and Schedule E to the SATS Agreement, as of February 6.2002 is held by and in the County and that such Equipment is computer hardware and software used for telecommunications and data network purposes. The Contractor has assigned all of its software licenses and permits (collectively, the 'Licensed Software") to the County, which are assignable.

1. Joint Obliaations

a. The County will keep the Software licenses for the Equipment in full force and effect during the term of this Agreement. Contractor will do nothing on its part during the term of this Agreement that will cause such license(s) to be terminated by the licensor or diminish the County's rights to use such license(s) in accordance with €he terms and conditions as set foFth in the Licensed Software.

b. Contractor's Warranty and Maintenance Obligations Unaffected

Nothing contained in this article shall diminish, extinguish, or relieve the Contractor from its responsibilities and obligations to provide maintenance pursuant to this Agreement, including, but not limited to, providing maintenance for the Licensed Software, and the payment of any and all costs for such license maintenance to the licensor, or others as may be required. Contractor's right to maintain the Equipment is conditioned and contingent upon the County's having valid licenses for the Software, or other software, pertaining to such Equipment.

L, Certain software suppliers license on a nonexclusive basis to the ContractOK, and the Contractor also develops software or has software developed for it by third parties. All such software is and will remain the property of Contractor or its third party suppliers. Contractor, with respect to the software it develops, and to the extent authorized under the supplier licenses, grants the County, for such software a personal, nontransferable and nonexclusive sublicense to use the software (including related documentation), for the life of the particular System or Equipment to which such software is related, solely to maintain, use and operate such System for which the software is initially furnished, provided the County:

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(i) except where required by law, does not allow any aspect of the software to be disclosed to a third party without the Contractor's written consent

Dated 1/22/02

757 67 of 101

BS V. MDC(7) 000079

PSC 5170

(ii) uses the software solely for County’s govemmental and business purposes in the operation of the Equipment or any new Equipment provided by the Contractor which are part of the System;

(iii) does not copy or reproduce any of the software without the Contractor’s consent, except to the extent necessary for (A) archival and back-up purposes and (B) the operation andlor use of the System to the extent allowed or authorized by the Contractor or third party licenses, and except asallowed by law. does not attdmptto develop’ ahy source axfe from the software. nor reverse engineer, decompile, disassemble, reverse translate, or otheMse translate the software into human readable form; and

(iv) returns to the Contractor or erases or destroys any software and any media being recycled or discarded upon the expiration of the licenses granted hereunder.

2.

The County understands that suppliers of software including the contractor may require the County to execute license agreements in order to use the software. Contractor understands that the County is a govemmental entity and may not be able to execute such an agreement, as a matter of law or administrative policy among other things, because of the terms and provisions contained therein. In the event Equipment to be supplied by the Contractor requires the County to execute a separate software license agreement, whether with the Contractor or a third party supplier of such software, then the Contractor will notify the County of such circumstances, and provide the County with a copy of the software license agreement. Contractor will not provide the County with any Equipment, System or Sub-system where the operation or use thereof is contingent upon the executed license agreement, unless and until the County has informed the Contractor that the County is willing and able to execute such license agreement

Countv to Execute License Agreements

0 ARTICLE 14

NATURE OF THE AGREEMENT

The Contractor shall provide the Services set forth in the Scope of Services, and render full and prompt cooperation with the County in all aspects of the Services performed hereunder.

The Contractor acknowledges that this Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and Services under the Agreement. All things not expressly mentioned in this Agreement, necessary to either enforce or carrying out its purpose and intent are implied, and the PartiesshaU perform the same as though they were specifically mentioned, described and delineated. 3

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c

Dated 1/22/02

BS V. MDC( 7) 000080

PSC 5171

The Contractor shall furnish all labor, materials, tools, supplies, and other items required to perform the work and Services that are necessary for the compIetion of this Agreement. AI1 work and Services shall be accomplished at the direction of and to the satisfaction of the County's Project Manager.

The Contractor acknowledges that the County shall be responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input on policy issues in the form of recommendations. The Contractor agrees to implement any and all changgs in providing Servjces hereunder as a result of a policy change- implemented by the County. The Contractor agrees to act in an expeditious, fiducial, and fiscally sound manner in providing the County with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes.

The Contractor shalt not have liability for the immediate or long-term effects of matters related to any action or inaction by the Department. Further, if a lawsuit is brought against the Contractor, by a third party that is neither an employee nor supplier of the Contractor, and the claim is based upon the Contractor's action or inaction which occurs based upon the Department's action or inaction under this Agreement, then the Contractor may bring a Third-party claim against the County.

ARTICLE 15 MANNER OF PERFORMANCE

The Contfactor shall provide the Services described herein in a competent and professional manner satisfactory to the County in accordance with the terms and conditions of this Agreement. The County shall be entitled to a satisfactory performance of all Services described herein and to full and prompt cooperation by the Contractor in all aspects of the Services. At the request of the County the Contractor shall promptly remove from the project any Contractor's employee, subcontractor, or any other person performing Services hereunder. The Contractor acknowledges that such removal of any of its employees does not require the termination or demotion of any employee by the Contractor.

e

The Contractor represents that based upon its initial staffing recommendation, it wilI employ, maintain and assign to the performance of the Services a sufficient number of competent and qualified professionals and other personnel to meet the initial requirements under this Agreement. The Contractor agrees to adjust its personnel staffing levels or to replace any of its personnel if so directed upon reasonable request from the County, should the County make a determination, in its sole discretion, that said personnel staffing is inadequate or inappropriate, or that any individual is not performing in a manner consistent with the requirements for the position.

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The Contractor warrants and represents that its personnel have the proper skill, training, background, knowledge, expen'ehce, rights, authorizations. and licenses as necezsary to

Dated 1/22/02

BS V. MDC( 7) 000081

PSC 5172

perform the Services described herein.

The Contractor shall at all times cooperate with the County. and coordinate its work efforts 0 and those of its subcontractors. to most effectively and efficiently maintain the progress in performing the Sem'ces. Similarly, the County shall at all times cooperate with the Contractor and coordinate its work efforts, and those of the Coun!y's independent contractors, to most effectively and efficiently maintain the progress in the Contractor's performance of its Services.

The Contractor shall comply with all provisions of all Federal, State and County laws, ' statutes, ordinances, and regulations that are applicable to the performance of this Agreement.

ARTICLE f 6 TERM OF AGREEMENT

The Agreement shall become effective on the date written on page 1 and shall be for a duration of twenty-four (24) months. The County may terminate the Agreement with or without cause on thirty (30) days written notice to the Contractor, provided however, that the Agreement shall have a minimum term of no less than eighteen (18) months unless terminated earlier for cause.

ARTICLE 17 CONTRACTOR REPRESENTATBNS AND WARRANTIES

The Contractor represents and warrants it shall transfer the unencumbered title to all telecommunications, data, and CUTE infrastructure. software, licenses, permits, and other asse t s used in connection with the ELM Agreement or to provide services pursuant to the SATS Agreement as described on Schedule A to the ELM Agreement and Schedule E to the SATS Agreement, as of February 6,2002. For purposes of this Agreement, the Parties recognize that due to the complexity of the network and the many thousands of items contained therein, Schedules A and E do not include every item and may include some items which are not present.

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The Contractor represents and warrants it shall assign to the County all of its rights under a license/agreement entered into between WilTel Communications LLC and Societe

MDAD's option, the Contractor shall, rather than deliver an assignment of its rights, terminate its license arrangements with SITA. at the Contractor's expense. The assignment of the SITA license is subject to SITAs consent.

lntemationale de Telecommunications Aeronautique ('SITA") dated August 6, 1997. At t

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The Contractor represents and warrants the Assets are in good working order, as of February 6,2002, subject to normal wear and tear. The Contractor indemnifies the County for those assets that are not in goodworking order, subject to normal wear and tear.

The Contractor shall indemnify thk County with respect to any prospective or outending

Dated 1/22.'02

BS V. MDc(7) 000082

PSC 5173

claims, set off, or payments due, with respect to its operation of the Shared Airport Tenant Services and CUTE systems up to and including February 6,2002.

The Contractor represents and warrants that an permits and software licenses necessary for the operation of all elements of the telecommunications, data. CUTE, and shared tenant services systems will. at MDAD's option, be issued or assigrled to the County. MDAD will pay a n y transfer fees associated with the transfer of such permits and licenses excluding the Contractor's own costs.

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ARTICLE 18 PROJECT MANAGER AND RESOLUTION OF DISPUTES

The County will assign a Project Manager to coordinate all County responsibilities under this Agreement. All instructions from the County to the Contractor, shall be issued by or through the Project Manager. Except for MDAD Information Systems and Telecommunications Division, and SATS customers, the Contractor shall notify any other person who attempts to give instructions that he or she must communicate with the Project Manager or Manager. The authority of the Project Manager is as follows:

a) The Project Manager will determine: (i) questions as to the value, acceptability and fitness of the Services: (ii) questions as to either party's fulfillment of its obligations under the Agreement: and (iii) questions as to the interpretation of the Scope of Services.

Contractor acknowledges and agrees that the Project Manager has no authority to make changes that would modify the Scope of Services to be provided under this Agreement.

The Contractor shall be bound by the determinations or orders specifically authorized under this Agreement and shall promptly obey and follow every order of the Project Manager specifically autho'rized under this Agreement, including the withdrawal or modification of any previous order and regardless of whether the Contractor agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable.

The Contractor must first seek to resolve every difference concerning the Agreement with the Project Manager, for a period of thirty (30) days or such longer penod as agreed upon by the Parties, which shall be a condition precedent to a n y lawsuit permitted hereunder. In the event the Contractor seeks to contest an issue or difference for which there has been administrative review by the Project Manager, such subsequent lawsuit shall be considered a de novo proceeding.

b)

c)

d) s

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M T m E 19 -4v I i I

COUNW EXPENDITURE AUTHORITY

Dated 1/22/02

PSC 5174

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The dollar thresholds for obtaining project management seivices. procurement of material, equipment and inventory, and an increase in the management fee and appropriate authority levels are described as follows:

A. PURCHASES OF GREATER THAN $500,000 APPROVAL AUTHORITY: BOARD OF COUNTY COMMISSIONERS The Board shall award all contracts greater than $500,000, and approve all contract modifications required of this Agreement.

APPROVAL AUTHORIlY: MDAD DIRECTOR Each individual purchase of $100,000 or more and each continuing contract which can reasonably be anticipated to aggregate $1 00,000 or more within twelve (12) months.

6.' PURCHASES OF $160,000 UP To $500,000

C.

D.

PURCHASES OF $5,000 BUT LESS THAN $100,000 APPROVAL AUTHORITY MDAD ASSISTANT DIRECTOR Each individual purchase of $5,000 but less than $100,000 and each continuing contract which can reasonably be anticipated to be within this range within twelve (12) months.

SMALL PURCHASE ORDER (LESS THAN $5,000) APPROVAL AUTHORITY: MANAGER Each individual purchase request with a total value of less than $5,000, for a specific commodity, during one (1 ) fiscal year.

ANY CHANGE, MODIFICATION, ADDITIONAL SERVICE, EQUIPMENT OR PARTS THAT CAUSES THE FINANCIAL OBLIGATION OF THE COUNTY TO EXCEED THE AMOUNT OF AUTHORITY OF THOSE NOTED ABOVE SHALL BE PRESENTED FOR APPROVAL TO THE NEXT HIGHER AUTHOWlY LEVEL. IF THE CONTRACTOR FAILS TO OBTAIN THE PROPER AUTHORIZATION AS DESCRIBED ABOVE, THEN THE COUNTY SHALL BE ABSOLVED FROM PAYMENT OF THE UABILIM.

ARTICLE 20 SUBCONTRACTUAL RELATIONS

If the Contractor will Cause any part of this Agreement to be performed by a subcontractor, the provisions of this Agreement will apply to such subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Contractor: and the Contractor will not be in any manner thereby be discharged from its obligations and liabilities hereunder, but will be liable for all acts, omissions, or negligence of the subcontractor, its officers, agents, and employees, as if they were employees of the Contractor. The services performed by the subcontractor will be subject to the provisions heteoi as ifperformed 'direktly by the Contraetdr.

The Contractor, before making any subcontract for any portion of the Services, wifl state

Dated 1/2/02

m 72 of 101

BS V. MDC( 7) 000084

PSC 5175

in writing to the County the name of the proposed subcontractor, the portion of the Services that the subcontractor is to do, the place of business of such subcontractor, and such other information as the County may require. The County has the right to require the Contractor not to award any subcontract to a person, firm or corporation disapproved or debarred by the County.

Before entering into any subcontract hereunder, the Contractor will inform the subcontractor of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be performed. Such services performed by such subcontractor will strictly comply with the requirements of this Agreement.

in order to qualify as a subcontractor satisfactory to the County, in addition to the other requirements herein provided, the subcontractor must be prepared to prove to the satisfaction of the County that it has the necessary facilities, skill and experience. license(s), and ample financiaf resources to perform the Services in a satisfactory manner. To be considered skilled and experienced, the subcontractor must show to the satisfaction of the County that it has satisfactorily performed services of the same general type that is required to be performed under this Agreement.

The County shall have the right to withdraw its consent to a subcontract if it appears to the County that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Agreement. All subcontractors are required to protect the confidentiality of the County and County's proprietary and confidential information. Contractor shall furnish to the County copies of all subcontracts between the Contractor and subcontractors hereunder.

The Contractor shall, where agreed to by the subcontractor, insert a dause for the benefit of the County within each respective subcontract, which permits the County to request completion of performance by the subcontraclor of its obligations under the contract Contractor agrees that the County shall be permitted to request completion of performance by the subcontractor of its obligations under the subcontract, in the event that the Contractor is in breach of its obligations, and the option to pay the subcontractor directly for the performance by such subcontractor. Should either the Contractor or subcantrador(s) violate the terms of this article, the County may order all or any part of the subcontract work stopped, and may elect to complete the work itself or enter into an agreement with a thkdparty to have the work completed. The Contractor's obligation to

said cost exceeds the amount which would have been payable to the Contractor in connection with the work which was stopped. The excess cost to complete the work may be deducted from any unpaid balance payable to the Contractor. If there exists no unpaid balance, or if the completion cost is in excess of the unpaid balance, the Contractor shall reimburse the County for this sum, plus any costs of collection. The Contractor shall be entitled to be paid for work performed to the time the work was stopped by the County. Nobnrithstanding. the foregoing shall neither denote, c o n ~ t e , ~ o c ~ ~ u e ~ a n ) c ~ b l i g a t i ~ , Qr liability on the part of the County,to any subcontractor.

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reimburse the County for the cost to complete the work, will only exist to the extent that *

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Dated 1/22/02

73 of 101 Vf-

BS v. MDC(7) 000085

PSC 5176

NOTHING CONTAINED IN THIS AGREEMENT SHALL CREATE ANY CONTRACTUAL RELATIONSHIP BETWEEN ANY SUBCONTRACTOR AND THE COUNN, OR ANY OBLIGATION ON THE PART OF COUNTY TO PAY ANY SUMS TO ANY SUBCONTRACTOR.

@ ARTICLE 21

ASSIGNMENT

Neither this Agreement nor any interest herein shall be assigned, or transferred by either party without prior written consent of the other party and said consent shall not be unreasonably withheld.

The Contractor has assigned all of its SATS Airport rental and CUTE agreements, software license(s), and permits to the County as fully described in Exhibit 7 of this Agreement.

1. Contracts Assignable

All contracts, purchase agreements, and purchase orders entered into by the Contractor for the purchase of goods. capital equipment and services specifically pursuant to this Agreement, shall be assigned, with the consent of the subcontractor, by the Contractor to the County or others as designated by the Department, upon either the request of the Department or termination of this Agreement. If such contracts, purchase agreements and purchase orders contain language acceptable to the Department, reflecting that they are assignable as provided herein, then upon such assignment, the Contractor shall be relieved from any further responsibility to the County under such contracts, agreements and orders, provided however, that the Contractor shall be liable for and shall indemnify the County with respect to any prospective or outstanding claims, set off, or payments due, with respect to said contracts, agreements, and orders which accrued prior to such assignment to the County.

ARTICLE 22 PROPRIETARY INFORMATION

As a political subdivision of the State of Florida, Miami-Dade County is subject to the stipulations of Florida's Public Records Law, Chapter 11 9, Florida Statutes.

The Contractor acknowledges that all computer software in the County's possession may constitute or contain information or material which the County has agreed to protect as proprietary information from disclosure or unauthorized use, and may also constitute or contain information or material which the County has developed at its own expense, the disclosure of which could ham the County's proprietary interest therein.

The County acknowledges that software licensed by the Contractor pursuant hereto may constitute or. contain informahon or matertaLwhich.lhe County has. aglped. to orptect as proprietary information from disclosure or unauthorized use, and may also constitute or

1

Dated KYO2

74 of IO1 al7

BS V- MDC(7) 000086

PSC 5177

contain information or material which the Contractor has developed at its own expense, the disclosure of which could harm the Contractor's proprietary interest therein.

During the term of the Agreement, the Contractor and the County, except as required by Chapter 119, Florida Statutes, will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property,,any computer programs, data compilations, or other software which the County or Contractor has developed, used or is using, is holding for use, or which is otherwise in the possession of the County (hereinafter the "Computer Software'). All third party license agreements must also be honored by the Contictor and-its"employees, and by th8 County, and iPM6 Computer Software has been leased or purchased by the County, all third party license agreements must also be honored by the Contractor's employees. This includes mainframe, minicomputers, telecommunications, personal computers and any and all information technology software.

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The Contractor will report to the County and the County shall report to the Contractor, any infomation discovered or disclosed to the Contractor or the County which may relate to the improper use, publication, disclosure or removal from the other's property of any information technology software and hardware, and will take such steps as are within the Contractor's or the County's authority. respectively, to prevent improper use. disclosure or removal.

ARTICLE 23 PROPRIETARY RIGHTS

All rights, title and interest in and to materials, data, Documentation, certain inventions, designs and methods, specifications and related thereto developed by the Contractor and its subcontractors, customized or created specifically for the County for use in connection with this Agreement (hereinafter referred to as "Developed Works"), shall become the property of the County. The Contractor hereby acknowledges and represents that the County retains all rights, title and interests in and to the Developed Works, and copies thereof fumished by the County to the Contractor hereunder, or fumished by the Contractor to the County andlor created by the Contractor for delivery to the County, even if unfinished 06 in process which are customized or created specifically for the Scape. of Services provided herein and which are created as a result of the Services the Contractor performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Contractor as well as its employees, agents, subcontractors and suppliers may use only in cunnection of the performance of Services under this Agreement. The Contractor shall not. without the prior written consent of the County, use such Developed Works on any other project in which the Contractor or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Contractor to meet official regulatory requirements or for other purposes in connection with the performance--of Services- under this Agreement shalt -not--be t 4

construed as publication in derogation of the County's copyrights or other propn'etary rights.

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Pated 1 /?2/0?

gr7 75 of 101

BS V. MDC(7) 000087

PSC 51 78

Accordingly, neither the Contractor nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced, or distributed by or on behalf of the Contractor, or any employee, agent, subcontractor, or supplier thereof, without the prior written consent of the County, except as required for the Contractor's performance under this Agreement, or as required by law. The Contractor may, without use of the County's name, use any of the documentation not included in the Developed Works on any other project in which the Contractor is or may become engaged.

ExceptbLas othennn'se provided above, 'or elsewhere herein: the Contractor and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that has not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Contractor hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) ur entity(iesj to use all such Licensed Software and the associated specifications, technical data and other documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use andlor disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and/or all of the deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such Licensed SofWare. specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no 0 effect.

ARTICLE 24 CONFlDENTt ALlW

All Developed Works constitute confidential infomation and may not, without the prior written consent of the County, be used by the Contractor or its employees, agents, subcontractors or suppliers for any purpose other than for the benefit of the County, unless required by law. Neither the Contractor nor its employees, agents, subcontractors or suppliers may sell, transfer, publish, disclose, display, license or otherwise make available to others any part of the Developed Works without the prior written consent of the County.

The Contractor shall advise its employees, agents, subcontractors and suppliers who may be exposed to such Developed Works of their obligation to keep such information confidential and Contractor shall promptly advise the County, in writing if it leams of any unauthorized use or disclosure of the. Developed Works by any of itscurrent or former employees, agents, or subcontractors or suppliers. In addition, the Contractor agrees to cooperate fully and provide any assistance necessary to ensure the confidentialityof the

Dated 1/22/02

s?i 76 of 101

BS v. MDC(7) 000088

PSC 5179

Developed Works.

It is understood and agreed that in the event of a breach of this article. damages may not be an adequate remedy, and the County shall be entitled to injunctive relief to prevent any such breach or threatened breach. Unless otherwise requested by the County, upon the completion of the Services performed hereunder, the Contractor shall immediately return to the County all such Developed Works existing in tangible forrn, and no copies thereof shall be retained by the Contractor's employees, agents, subcontractors or suppliers without the prior written consent of the County. ?he Contractor may retain copies of the Developed Works for a period of up to one (1 j year after the termination of this Agreement. For the period from one (1) year after the termination of this Agreement through five (5)

years after the termination of this Agreement, the copies of the Developed Works will be held in escrow with Iron Mountain, or such other mutually accepted escrow agent, at the cost of the Contractor, and a withdrawal of the Developed Works will require the signature of the Parties. At the conclusion of the five (5) year period, the Developed Works shall be released to the County, unless the Contractor has notified the escrow agent that there is pending Iltigation, audit, or claim, in which event the Contractor shall have a right to access the Developed Works with the consent of the County which shall not to be unreasonably withheld. This Confidentiality article will survive the termination of this Agreement, and will be in effect for all periods, that the Contractor or the escrow agent retain copies of the Developed Works. The Contractor remains liable to the County for any breach of this article until all copies of the Developed Works have been retumed to the County.

ARTICLE 25 ACCOUNTING RECORDS AND AUDIT PROVISIONS

The County shall have the right to audit those portions of the Contractor's books and records as necessary to ensure compliance with the Agreement in accordance with its terms, provided that in no event shall the County be entitled to examine records which would disclose information beyond that specifically related to this Agreement and the performance of Services hereunder. Such audit may take place during reasonable business hours for the period of the performance of this Agreement and for three (3) years after the final payment under this Agreement. The Contractor shall maintain as part of its accounting system, records of a nature and in a sufficient degree or detail to enable such audit to detennine the, payments for Services, p.ersonnel hours, personnel costs, and.Qther expenses required to be documented under this Agreement. To the extent, that Chapter of 119 of the Florida Statutes is applicable to the Contractor. the Contractor shall be responsible to comply with same.

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ARTICLE 26 IPSIG AND INSPECTOR GENERAL REVIEWS

1. Independent Private Sector Inspector General Reviews

Pursuant to Miami-Dade County Administrative Order No 3-20, the Contractor is aware - Dated 112202

ST 77 of 101

BS v MDC(7) 000089

PSC 5180

that, when applicable, the County has the right to retain the services of an independent private sector Inspector General (the "IPSIG), whenever the County deems it appropriate to do so. The County shall be responsible for the payment of these IPSIG services and for the payment of costs of Contractor related to actions by the IPSlG andlor the Office of the Inspector General for clerical staff time for obtaining and copying the documentation. and copying of documentation. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or to review the operat!ons, activities and performance of the Contractor as and to the extent as provided under this Agreement.

2. Insoector General

Pursuant to Miami-Dade County Ordinance No. 97-215, the County has established the Office of the Inspector General (the "Inspector General"). which is empowered to conduct random audits on all County contracts throughout the duration of each contract. Nothing herein shall limit the right of the Contractor to contest any action by the IPSIG or the Inspector General on any legal or equitable ground.

ARTICLE 27 EQUAL EMPLOYMENTOPPORTUNIW

NONDISCRIMINATION AND AFFIRMATIVE ACTION

1. Equal Emplovment Opportunity

The Contractor shall not discriminate against any employee or applicant for employment because of age, sex, race, color, religion, marital status, place of birth or national origin, ancestry, nor in accordance with the Americans with Disabilities Act, discriminate against any otherwise qualified employees or applicants for employment with disabilitres who can perform the essential functions of the job with or without reasonable accommodation. The Contractor shall take affirmative actions to ensure that applicants are employed and that employees are treated during their employment without regard to age, sex, race, color, religion, marital status, place of birth or national origin, ancestry, or disability. Such actions include, but not limited to. the following: Employment, upgrading, transfer or demotion, recruitment, recruitment advertising, layoff or termination, rates of pay of other forms of compensation, selection for training including apprenticeship.

The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to the provided by the County setting forth the provisions of this Equal Employment Opportunity clause. The Contractor shall comply with all applicable provisions of the Civil Rights Act of 1964, Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375. revised Order No. 4 of December 1, 1971, as amended, and the Americans with Disabilities Act. The Age Discrimination in Employment Act effective June 12, 1968, the rules, regulations and relevant orders of the Secretary of Labor, Florida Statutes 1 12.041, 11 2.042, I 1 2.043 and MiBmi-Dade County Ordinance 75-46, Articles 3 and 4.

1

5'0 78 of 101

1

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Dated 1/22/02

BS v. MDC(7) 000090

PSC 5181

2. Nondiscriminatory Access to Premises

The Contractor, for itself, its personal representatives, successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, color, sex, national origin or ancestry shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises; (2) that the contractor shall use the Premises in compliance with all other requirements imposed by or pursuant to then enforceable regulations of the Department of Transportation, as amended from time to time.

3. Breach of Nondiscrimination Covenants:

In the Event it has been determined that the Contractor has breached any enforceable nondiscrimination covenants contained in Article - (1) Equal Employment Opportunity and (2) Nondiscriminatory Access to Premises above, pUrSUant to the complaint procedures contained in the applicable Federal Regulations, and the Contractor fails to comply with the sanctions andlor remedies which have been prescribed, the County shall have the right to terminate this Agreement pursuant to the Event of Default subarticle hereof.

4. Nondiscrimination

During the Performance of this Agreement, the Contractor agrees as follows: The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to age, sex, race. color, religion, marital status, place of birth or national origin, ancestry, physical handicap or disability. The Contractor shall fumish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to Contractor's books, records, accounts by the county and Compliance Review Agencies for purposes of investigation to ascertain by the compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, and orders, this Agreement may be cancelled, terminated, or suspended in whole or in part in accordance with Event of Defautt subarticle hereof and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11 246 of September 24,1965, as amended by Executive Order 11 375 and such sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 as amended or by rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law.

The Contractor will include Article 1 and 2 above in Contractor sub-contracts in excess of $10,000, unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended by EXecutive Order 11375, so that' such provisions will bB bindihg upon each sub - contractor. 1

7

I

Dated 1122/02

4'1 79 of IO1

-- - e BS V. MDC(7) 000091

PSC 5182

5. Disabilitv Nondiscrimination Affidavit

By entering into this Agreement with the County and signing the Disability Nondiscrimination Affidavit attached hereto as Attachment No. I, the Vendor attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution No. R038595. If the Contractor or any owner, subsidiary or other firm affiliated with or related to the Contractor is found by the responsible enforcement officer Courts or the County to be in violation of the Act or the Resolution, such violation shall render this Contract terminable in accordance with the Event of Default subarticle hereof. This Contract shall be void if the Contractor submits a false affidavit pursuant to this Resolution or the Contractor violated the Act or the Resolution during the term of this Contract, even if the Contractor was not in violation at the time it submitted its affidavit.

6. Affirmative ActionlNon Discrimination of Employment. Promotion and Procurement Practices (Ordinance No. 98-30)

In accordance with the requirements of Ordinance No. 98-30, all firms with annual gross revenues in excess of $5 million seeking to contract with Miami-Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County’s Department of Business Development. Said firms must also submit, as a part of their proposatslbids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action PlanlProcurement Policy Affidavit (Form A-8.2)

Firms whose Boards of Director are representative of the population make-up of the nation are exempted from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County’s Department of Business Development. Firms claiming exemption must submit, as part of their proposallbids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit (Form A-8.1) in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women/owned businesses.

0

It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/pmposal.

7. Contract Measures

No Contract Measures are applicable for this Management Agreement.

1

Dated 1/22/02

G7 - eo of 101

BS V. MDC(7) 000092

PSC 5183

ARTICLE 28 INDEM NlFlCATlON

1. Indemnification And Hold Harmless

The Contractor shall indemnify and save the County, its officers, employees, agents and authorized representatives, harmless from any and all claims, liability, losses, damages, and causes of action which may arise out of the performance of this Agreement by the Contractor, except to the extent such act is caused by the County's negligence. The Contractor shall pay all claims and losses of any nature whatsoever in connection therewith and shall investigate and defend all claims, suits, and actions of any kind or nature in the name of the County, its employees, agents and authorized representatives where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys fees which may be issued thereon. Nothing contained in this provision shall be construed so as to require the Contractor to indemnify the County's employees, agents and authorized representatives for their own negligence. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the responsibility of the Contractor to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. This provision shall survive eady cancellation or termination of this Agreement.

2. Countv Liability

The County is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity, nor shall it be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any manner whether arising out of this Agreement or any other contract. The County acknowledges that it will not raise sovereign immunity as a defense to a contractual claim under this Agreement.

ARTICLE 29 PATENT AND COPYRIGHT INDEMNIFICATION

The Contractor warrants that to tfie best 'of its actual knowledge, aB defiVerab[es fbmished hereunder, including but not limited to: equipment programs, Documentation. software. analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights.

The Contractor shall be liable and responsible for any and all claims made against the County far infringement of patents, copyrights, service marks, trademarks, trade secrets oc. any other third .party.proQrietary. rights, by thg use or supplying of any of the.Gmtractots or Contractor subcontractots programs, documentation, software, analyses, applications, methods, ways, processes, and the like, used in the course of performance or coapletion

Dated 1/22/02

73 81 of 101

BS v. MDC(7) 000093

PSC 5184

of, or in any way connected with, the work or the County's continued use of the deliverables fumished hereunder. Accordingly, the Contractor at its own expense, including the payment of attorney's fees, shall indemnify, and hold harmless the County and defend any action brought against the County with respect to any claim, demand, cause of action, debt, or liability.

0 In the event any deliverable or anythlng provided to the County hereunder, or portion thereof is held to constitute an infringement and its use is or may be enjoined, the Contractor shall have the obligation to use its best efforts to (i) modify,or require that the applicable subcontractor or supplier modify, the alleged infringing item@) at its-own expense, without impairing in any respect the functionality or performance of the item(s), or at Contractor's sole option (ii) procure for the County, at the Contractor's expense, the rights provided under this Agreement to use the items@).

The Contractor shall not knowingly infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the Services.

The Contractor shall furnish to the County's Risk Management Division, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below:

1. Workers' Compensation Insurance for all employees of the Contractor as required by Chapter 440, Florida Statutes.

Public Liability Insurance on a comprehensive basis, in an amount not less than $1,000,000 combined single limit per, occurrence for bodily injury and property damage. The County must be shown as an additional insured with respect to this coverage.

2.

3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles, used in connection with the Services, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

.The insurance coverages required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor.

AI1 insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications:

The company must be rated no-less than "8" as to management. and no less than "Class *

Dated 1/22/02

8s V. MDC(7) 000094

PSC 5185

V" as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to approval of the Miami-Dade County Risk Management Division.

OR

The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund.

Certificates of Insurance will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certlflcate holder.

Compliance with the foregoing requirements shall not relieve the Contractor of this liability and obligation under this section or under any other section in this Agreement.

This Agreement is contingent upon the receipt of the insurance documents within fifteen (1 5) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Agreement. the Contractor shall be verbally notified of such deficiency and shall have an additional five (.5) calendar days to submit a corrected certificate to the County. If the Contractor fairs to submit !he required insurance documents in the manner prescribed in this Agreement within twenty (20) calendar days after Board approval, the Contractor shall be in default of the contractual terms and conditions and this Agreement wfl be terminated, unless such time frame for submission has been extended by the County.

The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this section remain in force for the duration of the Agreement. If insurance certificates are scheduled to expire during the Agreement, the Contractor shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates. which cover the Agreement period, the County shall suspend the Agreement until such time as the new OF renewed certificates are received by the County in the manner prescribed in this article; provided, however, that this suspension period does not exceed thirty (30) calendar days. Thereafter, the County may, at its sole discretion, terminate this Agreement.

.

Dated 1/22/02

PSC 5186

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ARTICLE 31 PERFORMANCE AND LIQUIDATED DAMAGES

Performance Measurement Liquidated Damages

Failure of Contractor to respond to a minor outage.

Failure of Contractor to respond to a major outage more than two (2) times in a

Summary

$200 per incident, not to exceed $10,000 in a calendar year.

$1,000 per incident, not to exceed $1 0,000 in a calendar year consecutive six (6) month period.

1. Monetaw Penalty

The County will impose a monetary penalty on the Contractor for failing to achieve the required level of availability for any class of circuit described in the Maintenance and Trouble Resolutions subarticle, failure to complete scheduled MAC work within the designated time schedule, and other performance measurements as more fully described below:

I I I I The Parties recognize that the extent and calculation of damages may be difficult to ascertain, therefore, they agree that liquidated damages in the amount stated are reasonable and is in lieu of all other remedies.

The monetary penalty shall be deducted from the Contractor’s management fee invoice amount for the month. This monetary penalty shall not apply to the Contractor‘s invoice amounts which are attributable to third party intervention, or any extemal events outside the Contractor’s control.

ARTICLE 32 TERMINATION AND DEFAULT PROVISIONS

1.

In addition to cancelfation or termination as otherwise provided in this Agreement, the County may at any time, in its sole discretion. with or without cause, terminate this Agreement by thirty days (30) written notice to the Contractor, provided however, that this Agreement can only be terminated for cause if the Agreement is in effect for less than eighteen (?a) months.

Termination For Convenience And Suspension Of Work

1

Dated 1122102

91- 84 of 101

BS V. MDC(7) 000096

PSC 5187

2. Actions at Termination

a) The Contractor shall, upon receipt of such notice, and as directed by the County:

i. stop work on the date specified in the notice (the ‘Termination Date”);

ii. take such action as may be necessary for the protection and preservation of the County’s materials and property;

iii. cancel orders, but the County shall reimburse Contractor for all -to& and expenses of such cancellation, provided that Contractor has, within five (5) business days, advised MDAD in writing that there may be cancellation costs, and to the extent known, an estimate of amount of these costs;

iv. assign to the County and deliver to any location designated by the County any noncancelable orders not incorporated in the Services:

v. take no action which will increase the amounts payable by the County under this Agreement; and

vi. implement a transition plan pursuant to the Training and Transition Program Services subarticle of this Agreement.

b) In the event that the County exercises its right to terminate this Agreement pursuant to this article, the Contractor will be compensated as stated in the Payments and Cost Reimbursements article, herein, for the.

i . portion of the Services completed in accordance with the Agreement and the work up to the Termination Date;

ii. noncancelable deliverables, that have been specifically developed for the sole purpose of this Agreement but not incorporated in the Services; and

iii. any additional charges, incurred by the Contractor, at the direction of the CQunty,.not covered, in clause (b)(i), above.

NOTE: All compensation paid pursuant to this article is subject to audit.

3. Surrender of Office and SUP DO^^ Space

On or before the Termination Date of this Agreement, whether by lapse of time or otherwise, in accordance with the provisions contained herein, the Contractor shall vacate, quit and surrender and shall account for the suppo~t space, all fumishings, fixtures, equipmal, ’S’OWar€?e; vehides;teOYrdS. iwldx inventories, commodities, asupplies and other - property of the County in as g o d order and condition as they were upon commencement of this Agreement or date of subsequent acquisition, reasonable and normal wear-nd tear

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Dated 1/22/02

BS V MDC(7) 000097

PSC 5188

excepted.

@ 4. Removal of Personal ProPerty

On or before the Termination Date of this Agreement, the Contractor shall remove all of its personal property from the support space. Any personal property of the Contractor not removed in accordance with this article may be removed by the Department for storage at the cost of the Contractor. Failure on the part of the Contractor to redaim its personal property within thirty (30) days from the date of termination shall constitute a gratuitous transfer of title thereof to the County for whatever use and disposifion is deemed to be in the best interests of the County.

5. Termination For Cause

a) The County may terminate this Agreement, if an individual or corporation or other entity attempts to meet its contractual obligation with the County through fraud, misrepresentation or material misstatement.

The County may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the County and that such individual. corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attomey's fees.

The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years in accordance with the County debarment procedures. The Contractor rnav be subiect to debarment for failure to perform, and all other reasons set forth in Section 10-38 of the Code of Miami-Dade Countv, Florida.

b)

c)

d)

6. Contractor Event of Default

a.

The County may terminate this Agreement, if the Contractor fails to cure an event of default timely.

A default shall mean a breach of this Agreement by the Contractor (an "Event of Default"). In addition to those instances referred to herein as a breach, an Event of Default, shall include one or more of the following:

i. the Contractor has violated the terms and conditions of this Agreement, including failing to respond to major and minor failures on a timely basis, unless the Contractor has paid the damages flowing therefrom, and made all necessary repairs associated with the failure(s):

ii. the Contractor has refused or failed, except in case for which an extension of time is provided, to sdpply a sufficient number of properly skilled personnel; .c.

BS V. MDC(7) 000098

PSC 5189

iii. the Contractor has failed to make prompt payment to subcontractors or suppliers for any Services:

iv. the Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtorlcreditor law, or the Contractor's affairs have been put in the hands of a receiver;

v. the Contractor has failed to obtain the approval of the County where required by this Agreement;

vi. the Contractor has failed to provide adequate assurances as required under subsection b below; or

vii. the Contractor has failed in a representation or warranty stated herein.

b. When, in the opinion of the County, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Services or any portion thereof, the County may request that the Contractor, within the time frame set forth in the County's request, provide adequate assurances to the County, in writing, of the Contractor's ability to perform in accordance with terms of this Agreement. Untd the County receives such assurances, the County may request an adjustment to the compensation received by the Contractor for portions of the Services that the Contractor has not performed. In the event that the Contractor fails to provide to the County the requested assurances within the prescribed time frame, the County may:

i. treat such failure as a repudiation of this Agreement;

ii. resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others.

c. In the event the County terminates this Agreement for default, the County or its designated representatives, may immediately take possession of-alr applicable equipment, materials, products, Documentation, reports. data, or Developed works.

7. Notice of Default and Owortunitv to Cure

If an Event of Default occurs, the County shall notify the Contractor (the "Default Notice"), specifying the basis for such default, and advising the Contractor that such default must be cur& immediatdy Qr this Agreement. wi tk the Couotymay be terminated. The Conh,ctor can cure and rectify the default. to the County's reasonable satisfaction, within thirty (30) days of actual notice of the Defat& Notice

Dated 1/22/02

74 87 of 101

BS V. MDC(7) 000099

PSC 5190

(the "Cure Period"). The County may extend the Cure Period and grant an additional period of such duration as the County shall deem appropriate without waiver of any of the County's rights hereunder, so long as, the Contractor has commenced curing such default and is effectuating a cure with diligence and continuity during such thirty (30) day period or any other period which the County prescribes. The Default Notice shall specify the date the Contractor shall discontinue the services on or before the Termination Date.

8. Remedies in the Event of Default

If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default. including but not limited to:

1. SATS revenues lost to the County:

ii. the difference between the cost associated with procuring the Services hereunder and the amount actually expended by the County for reprocurement of the Services, including procurement and administrative costs; and

iii. such other damages as the County may be entitled,

9. COUNTY EVENT OF DEFAULT

The County,shall be in default in the event (a 'County Event of Default") that one of the following occurs:

(i) the Contractor tenders all required documentation for payment under this Agreement; and

(a)

(ii) within fifteen (15) days, the Couhty has neither returned the invoice to the Contractor with an explanation of what is missing or incorrect, nor disputed the amount of the payment due the Contractor; and

(iii) the County fails to pay that sum of money as and when due under this Agreement and fails to cure the nonpayment within thirty (30) days following receipt of written notice from the contractor; or

it commits a material breach of a nonpayment provision of this Agreement and fails to cure that breach within thirty (30) days after written notice describing the breach.

\ (b)

10. CONTRACTOR REMEDIES UPON COUNTY DEFAULT

In the event of a County Eyent of Default, the Contractor may exercise any right and seek any remedy provided at law or in equity. In the event the Contractor briRgs suit

L

Dated 1/22/02

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Bs v. MDC{P) 000100

PSC 5191

to collect an amount due from the County, then if the Contractor is successfut, it shall be entitled to its reasonable attomey's fees.

CONTRACTOR RIGHT OF EARLY TERMINATION 11.

In the event the County has reduced the level of the Contractor's staff by seven (7) employees or such greater reduction. such that the Contractor believes in good faith that it can no longer effectively discharge an of its duties under this Agreement, then the Contractor shall have the right to terminate this Agreement on thirty-five (35) days written notice to the County, unless the County rescinds the required Contractor staff reduction within ten (10) Business Days of receipt of the notice. The reduction in the Contractor's staff under this subarticle, shall not include the total number of Contractor's staff that the County may reduce given a reduction in the Contractor's Services, pursuant to subarticle 9.1 of this Agreement.

ARTICLE 33 FORCE MAJEURE

If the performance of this Agreement, or any obligation contained in it, is prevented. restricted or interfered with by reason of either

1. fire, explosion, breakdown of plant, epidemic, hailstorm, hurricane, tornado, cyclone, flood, power failure, lightning, water, OT other acts of God, or

2. war, revolution, terrorism, civil commotion, acts of public enemies, blockage, or embargo,

then the patty affected, upon giving prompt not,ke to the other party, shall be excused from such affected performance on a day-to-day basis to the extent of such prevention, restriction or interference (and the other party shall likewise be excused from performance of its obligations on a day-today basis to the extent such party's obligations relate to the performance so prevented, restricted or interfered with); provided however, that the party SO affected shall use its commercially reasonable efforts to avoid or remove such causes of non-performance and the Parties shall perform promptly whenever such causes are removed or ceased.

ARTICLE 34 CONFLICT OF INTEREST

Conflict of Interest Code of Ethics Ordinance: In connection with the terms and conditions of this Agreement, the Contractor agrees to adhere to and be governed by the C6unty, Florida Conflict of Inferesf Code of Ethics ardinance (Section 2-1 1 .1 of the Code of Miami-Dade County. florida).) Notwithstanding the provisions of any Federal, State or County law goveming the activities of the Contractor hereunder, commencing EE of the

Dated It22102

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PSC 5192

effective date of this Agreement and continuing for the term hereof, the Contractor shall not knowingly enter into any contract or other financial arrangement with any person, corporation, municipality, authority, county, state, country, or any tenant or airline, which would constitute a conflict with interest of the County hereunder or with the Services provided by the Contractor to the County hereunder. The Miami-Dade County Ethics Commission shall make determination(s), binding upon the Parties, as to whether conflicts exist or will exist, and if such relationship wit1 be serious enough to constitute a conflict hereunder.

The Contractor represents that no officer, director, employee, agent, or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement.

The Contractor also represents that, to the best of its actual knowledge:

(a) There are no undisclosed persons or entities interested with the Contractor in this Agreement. This Agreement is entered into by the Contractor without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee. agent or other Contractor of the County. or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid:

i) is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the Services, supplies or work, to which this Agreement relates or in any portion of the revenues; or

ii) is an employee, agent, advisor, or donsultant to the Contractor or to the best of the Contractor's knowledge any subcontractor or supplier to the Contractor.

(b) Neither the Contractor nor any officer, director, employee, agency, parent, subsidiary, or affiliate of the Contractor shalt have an interest which IS in conflict with the Contractor's faithful performance of its obligation under this Agreement; provided however, that the County. in its sole discretion, may consent in writing to such a relationship, provided the Contractor provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship.

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(c) The provisions of this article are supplemental to, not in lieu of, all applicable laws with respect to-conflict of interest. In the event there is-a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. -

Dated 1/22\02

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PSC 5193

In the event the Contractor has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Contractor shall promptly bring such information to the attention of the Project Manager. Contractor shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions the Contractor receives from the Project Manager in regard to remedying the situation.

ARTiCtE 35'" '

MISCELLANEOUS PROVISIONS

Bindinq Effect

The terms. conditions and covenants of this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their successors and assigns. This provision shall not constitute a waiver of any conditions prohibiting assignment or subletting.

2. Contractor Limitation of Liability

a) The Contractor and its subcontractors shall not be liable for.

(i) any indirect, incidental, consequential except as it pertains to SATS revenues, special or exemplary damages;

(ii) any damages of any kind resulting from unauthorized use of or intrusion into the system, including total fraud. This provision applies to all claims whether based upon breach of warranty, breach of contract, negligence, strict liability in tort where any other legal theory, and regardless of whether the Contractor or its subcontractors have been advised of the possibility of such damage or loss, unless the Contractor or its subcontractors fail to take explicit remedial action based upon the directive of the Department.

b) If a voice system or any other component thereof supports voice over IP protocol (telephony or transmission control protocoUintemet protocal), the County may experience certain compromises in performance, liability and security, even when the System is in good working order. These compromises may become more acute if the County fails to follow the Contractor's or the manufacturer's recommendations for configuration. operation and use of the System. The County acknowledges that it is aware of these risks and that it has determined they are acceptable for its application of the System, and the County will not assert any claim against Contractor for such compromises. The County further acknowledges and agrees that the County is solely responsible for:

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(i) ensuring that its network and systems are adequately secured against unauthorized intrusion; and c

Dated 1/22/02

91 of 101 lc? BS V. MDC(7) 0001 03

PSC 5194

(ii) backing up its data and files.

3. Other County Rights

a) Contractor shall be liable for any physical damage it causes to the system. This liability is limited to:(i) the Contractor's repair of the system or component thereof, or if the system or component cannot be repaired, replacement with a comparable system or component; and (ii) any other such damages to the County arising from the physical damage caused by the Contractor.

b) The County may &Q bn'ng any suit or proceeding for specific pedormance or for an injunction.

4. No Estoppel or Waiver

No acceptance, order, measurement, payment, or certificate of or by a Party or its employees or agents shall estop the other Party from asserting any right of the ensuing Agreement. There shall be no waiver of the right of a Party to demand strict performance of any of the provisions, terms and covenants of this Agreement, nor shall there be any waiver of any breach, default or non-performance hereof by the other Party unless such waiver is explicitly made in writing by the Pam. No delay or failure to exercise a right under the ensuing Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under the Agreement.

5. Federal Subordination

This Agreement shall be subordinate to the prdvisions of any existing or future agreements between the County and the United States of America relative to the operation and maintenance of the Airport. the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds fur the development of the Airport. All provisions of this Agreement shall be subordinate to the right of the United States of America to lease or othewise assume control over the Airport, or any part thereof, during time of war or national emergency for military or naval use and any provisions of this Agreement inconsistent with the provisions of such lease to the United States of America shall be suspended.

6. Governmental Authority

Nothing in this Agreement shall be construed to waive or limit the governmental authority of the County aaa political subdivision of the State of Florida.

7. Headinqs

Dated 1/22/02

1 -

it,Y 92 of 101

8s V. MDC(7) 000104

PSC 51 95

The headings of the various articles and sections of this Agreement, and its Table of Contents, are for convenience and ease of reference only, and shall not be construed to define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement.

e 8. Independent Contractor

The Contractor shall perform all services described herein as an independent contractor and not as an officer, agent, servant, or employee of the County. All personnel provided by the Contractor in the performance of this Agreement shalt he considered to be, at all times, the sole employees of the Contractor under its sole discretion, and not employees or agents of the County.

JL L

9. Intent of Aareement

This Agreement is for the benefit of the Parties only and does not: (a) grant rights to third party beneficiaries, or to any person; or (b) authorize non-parties to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement.

10. Joint Preparation

The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. 0 11. Laws and Reaulations

The Contractor shall comply with the Code of'Miami Dade County, Florida (the 'Code"), including but not limited to Chapter 25 of the Code, Operational Directives issued thereunder, all laws, statutes, ordinances, resolutions, regulations and rules of the United States of America, State of Florida, or Miami-Dade County, all as may be amended from time ta time, andany and all. pfansand programs developed in compliance.therewith which may be applicable to its operations or activities under this Agreement.

12. Modifications

This Agreement may be modified and revised by wn'tten Amendment duly executed by the Parties hereto. Any oral representation or modifications concerning this Agreement shall be of no force or effect.

Doted ll2ZlOZ

,o: 93 of 101

BS V. MDC(7) 000105

PSC 5196

Any notices given under the provisions of this Agreement shall be in writing and shall be hand delivered or sent by Registered or Certified Mail, Return Receipt Requested, or express mail service to:

To the County:

Director Miami-Dade Aviation Department Post Office Box 592075 Miami, Florida 33159-2075

To the Contractor:

NextiraOne, LLC Attn: Contractor Project Manager Building 3030 Perimeter Road and NW 2Zd Street Miami. Florida 33122

with a required copy to Generat Counsel

or to such other respective addressees as the Parties may designate to each other in writing from time to time. Notices by Registered or Certified Mail shall be deemed given on the delivery date indicated on the Retum Receipt from the United States Postal Service or on the express mail service receipt

14. Ownershb Of Documents

Any and all reports, photographs, surveys, provided or created in connection with this * Agreement &and shall remain the property of the County. In the event of termination of this Agreement, any reports; such as traffic, hventory, switch audit, service and or MAC logs and photographs, surveys, prepared by the Contractor, whether finished or unfinished, shall become the propedy of the County, and the Contractor shall immediately remit same to the County.

15. Order Of Precedence

If there is a conflict between or among the provisions of this Agreement, the order of precedence is as follows: I ) work order, 2) the Scope of Services, and 3) these terms and conditions other than the Scope of Services.

16. Press Release Or Other Public Communication

The Contractor shall not issue or permit to be issued any press release, advertisement or literature of'any kind that states or suggests that the County endorses the Contractor or the work being performed hereunder, unless the Contractor first obtains the written approval - Dated V22llo2

/ob 94 of 101

BS V. MDC(7) 0001 06

PSC 5197

of the County. Such approval may be withheld if for any reason the County believes that the publication of such information would be harmful to the public interest or is in any way undesirable. This article shall not preclude the Contractor from including the County as a representative customer. Except as may be required by law, or with the written consent of County, the Contractor and its employees, agents, subcontractors and suppliers will not represent, directly or indirectly, that any product or service provided by the Contractor or such other patties has been approved or endorsed by the County. -

17. Prior Aareements

The Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. No modification, amendment or atteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with this Agreement.

18. Proiect Fresh Start

Project Fresh Start has beep abated by the County for fiscal year 2001-2002 by action of the Miami-Dade Board of County Commissioners. The Board reserves the right to reinstate this program in the future; if it does, the County will advise the Contractor of the impact, if any, such action may have on this Agreement.

19. Riqhts to be Exercised bv Department

Wherever in this Agreement rights are reserved to the County. such rights may be exercised by the Department. Wherever Department approval is required, it shall not be unreasonably with held.

, 20. Security

Subject to recommendations from the Contractor as to reasonable and prudent security measures needed and approval by the Department, the Contractor shall be responsible for the seeurity and protection of the facilities, and the equipment, furnishings; commodities and supplies provided under this Agreement, for which the Contractor has managerial responsibilities. 1

21. Severability \

If any provision of this Agreement or the application thereof to either party to this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision, andto this end, the provisions of this Agreement sh3ll Be severable.

1

Dated 1/2?102

lo7 95 of 101

BS V. MDC(7) 0001 07

PSC 5198

22. Solicitation

Except as provided by Section 2-1 1 .I (s) of the Code of Miami-Dade County, Florida, the e Contractor warrants that: 1 ) it has not employed or retained any company or person other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement; and 2) it has not paid, or agreed to pay any company or other person any fee, or commission, gift, or other consideration contingent upon the execution of this Agreement. A breach of this warranty makes this Agreement voidable by the County without liability to the Contractor for any reason.

23. Survival

Any obligations of the Contractor and the County which by their terms would continue beyond the termination, cancellation or expiration of this Agreement or any service order shall survive with such termination. - cancellation or expiration.

24. Taxes

The Contractor acknowledges that the County is a tax exempt entity. The Contractor shall pay all taxes lawfully assessed against its operations at the Airport, provided, however, that the Contractor shall not be deemed to be in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted in a court of competent junsdiction to determine the validity of such taxes.

25. Third Party Beneficiaries

Neither the Contractor nor the County intend to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement, and that no third party shall be entitled to assert a claim against either of the Parties based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third party or entity under this Agreement.

26. Governina Law; Venue

This Agreement shall be governed by the laws of the State of Florida. Venue for all actions and claims arising from this Agreement shall be heard in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida or in the United States District Court in and for the Southem District of Florida.

Registered OfficedAgent; Jurisdiction: The Contractor shall designate a registered office and a registered agent, as required by Florida Statutes, such designations to be filed with the Florida Department of State in accordance with Florida Statutes. If the Contractor is a natural person, he and his personal representatives hereby submit themselves to the jurisdiction of the Courts of this State for any cause of action based in whole or in part on the alleged breach of this Agreement. c

Dated 1/22/02

96 of 101 /n c(

BS V. MDC(7) 000108

PSC 5199

27. Violations of Laws and Requlatians

The Contractor agrees to pay on behalf of the County any penalty, assessment, or fine, issued in the name of the County, or to defend in the name of the County any claim, assessment or civil action, which may be presented or initiated by any agency or officer of the Federal, State or County govemments, based in whole or substantial part upon a claim or allegation that the contractor, its agents, employees or invitee, have violated any law, statute. ordinance, resolution, regulation or rule described in subarticle 8 above or any plan or program developed in compliance therewim.

28. Responsible Waqes And Benefits

If construction work in excess of one hundred thousand dollars ($100,000) is required of, or undertaken by the Contractor as a result of this Agreement, the Contractor must pay laborers and mechanics performing work on the project no less than the hourly rates specified in accordance with Section 2-11.16 of the Code of Miami-Dade County, Florida and Administrative Order ('AO") No. 3-24. The Contractor shall fully comply with the requirements of the Code and A 0 and shall satisfy, comply with, and complete the requirements set forth in this Agreement.

It is also the policy of Miami-Dade County that in all leases of County-owned land which provide for privately funded construction improvements thereon whose construction costs are greater than or equal to $1 million dollars, any portion of which are financed by any Federal, State or local govemmental entity or by bonds issued by such entities, including the Industrial Development Authority (YIDA"). shall comply, including requiring the lessee to require any Contractor constructing such improvements to pay responsible wages to the same extent as if such improvements were County construction. A lessee must pay the County the monitoring fee(s) for the project according to the sliding scale approved by the Board.

This A 0 does not apply to County construction contracts less than or equal to one hundred thousand dollars ($1 00,000) or blanket County contracts designed to consolidate an indeterminate number of individual smaller construction contracts, repair or alteration activities which may be needed over a fixed period of time, provided the overall blanket contract ceiling does not exceed five hundred thousand dollars ($500,000) and further provided that no individual work order issued under such blanket contract shall exceed twenty-five thousand dollars ($25,000) per craft. nor does it apply to County construction contracts which are federally funded or otherwise subject to the Davis-Bacon Act, 40 U.S.C. 276 (a). Furthermore, this A 0 shall not apply to those privately funded projects on County-owned land for construction or alteration of public buildings or public works which are financed solely through private sources, without one dollar ($1) or more of financing provided through any Federal, State, County or local government entity or bond sources induding IDA bonds or similar type bond funding.

3

\

lhci 97 of 101

BS V. MDC(7) 000109

PSC 5200

29. Entirety of Agreement

The Parties hereto agree that this Agreement sets forth the entire agreement between the Parties, and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except as may be specifically authorized by subarticles 12 and 17 to this article of the Agreement, or by written instrument executed by the Parties hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first herein above set forth.

Contractor

By: Name:

Title:

Date:

Attest: Secretary

Dated 1/22/02

Miami-Dade County

By:

Name:

Title:

Date:

Attest: Clerk of the Board

Approved as to form ahd legaf sufficiency

~~~

Assis tan t County Attorney

.

/ t o . ?I$ of 101

BS V. MDC(7) 000110

PSC 5201

WSlMLSW. t h i s Board deeires to accampli8h the pUxpOSe6

outlined in the accompanying n " a n d U J l l , a copy of which is

fncorporated herein by reference,

Ipw, FBECREPORB, BE IZ zuBa%v=D ST TBJ.8015EUD OF cowln

i C o r l l l l S B I ~ OP MXW-DADB CU-8 r t o P n u r 8 that this Board

hereby authozitos the County Manager or desigzrw to:

the standard Lorn of an airport rental agreement attachedto the

accorrganyiag memoradum for shared airport tePanf

t i l exccute 1 ) i 1 ! I

I te3eco"ueication~ services und network accesB: t i i ) negotiate

I ' s u a term and conditions ae may

tenant basis; and (iii) issue renewal and default notices and, ia

the instance of default, to take neceseary tendnstioa acticns

~ c e e s a y on a terraat

fox failure to timely cozcect defaults a21 in Bccordaace w i t h the

agreemeat.

BS V. MDC(7) 0001 11

PSC 5202

~.

page SO. z

The foregoing resolutfon w a s offered by Commissioner

, who moved i t s adoption. The m o t i o n k b x d l De JhlM 1) t was seconded by Coadss ianer~?€3z# i8

and upon being put t o a vote, the q o t t was as follovs:

Jose *Pep+* Cancfo, Sr. age Betty 3. ferguson

Natacha Sei jas aF . R@beM sosa m

ab& Bmo A. Barrein, mkiart Dr. 5arbara Carey-Sbuler at&ies& Gwen Margolb m *Joe A. Martinez a F inm my L. Moltales w borria I). Rolle v L D@ndS c. MOSS

Katy Sorenson Sen. Jaoier D. Soutp

The Chairperson thereupon declared the resolution duly

passed aad adopted this 2 4 t h day of September, 2002.

resolution s h a l l become effective ten (10) days a f te r the

This

date of i t s adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by

t h i s Boatd.

.

1)

AFprored by C m t y Attorney a8 to fvrm and 'legal sufficiency. - David Stepben Rope

BS V. MDC(7) 0001 ?2

PSC 5203

0

MEMORANDUM OmcE OF fHE COUNW MANAGER

Agenda Item no. 6(A) (11 (&I

September 24, 2002 4 TO: Honorable ChairpaSon and Members DATE.

t

SUBJECT: Resolution aopruving rpcommendationsrelatingto shared airport tenant sedces for the Aviation bepahe*

County Manager

RECOMMENDATION

It is -"tended that the Board approve the attached resolution that will authorize the County Manager or his designee to: (9 executs standard f m a'up9st rental agreements for shared airport tenant servioes (3AYS) to der lelecommunications and network atoew t~ airport tenants: (ii) negotiate such terms and mnditions as may be necessary on a tenant by tenant basis; and (iii) issue mewal z@ event of defauil ndiws, and In the hstanoe of default, to take necessary temination actions for tanwes to met3 defwb MI a timely basis 80 tn aa;ordance with the airpPrt rental agreement*

BACKGROUND

OR January 29,2002, the Board of County Commissioners (the"B0arfl aDproved Resolution No. R-3162 relating fo the tslecommumCations. data network, and shared airport tenant services at MiamFDadc Aviatbn Depament ("MDAD?, end entered Into a non~c~usive management agreement with NexKraOne, U C (the Yhnhador.) wherein MDAD now receives an SATS gmsb revenue$.

Shared airport tenant seMw ccnsist of teleummunkabn6. voice and data netwoh sewices. which MDAP Mers to its tenants. The Contactor is requited to use its best etTorts to establish,"arket, maintain, operate and manag@ SATS forthe County tolenanta and usem at Miiml bmational Airport ("MIA') and the General Aviation Aitparts (WW), consistent with the requirements of the PubSc Service commission Fbdda ("PSC) or whatever other govemmenfal entity has NrisdiCtrOn over SATSO if and Where appl i ie , and aff applicable laws.

lt is requested that the Board delegate to the County Manager or his designee certain specilied and limited adhor3y thst would provide for mom Went maivagement of properties, maximization of revenues, and better operational flexibirw for users of sa@ facililies. Given the changing or diflerent needs of each tenant requesting SATS, 11 Is also requested that the Board delegate the authon'ty to rregd.de such terms and conditions as may be necessary, on a tenant by tenant basis. to albw the County to be respnslve to !he needs of the MIA and GAA bu6iness partners. The rental term may wry depending on the tenant, but in no occasion will an$Ijirport rental agreement exceed fortye'ght (4) " h a

I

Bs v, MDC(7) 000113

PSC 5204

No. 2033 P. 4/12“”””

r Jamaica Telecommuniceiions 6 $860.00 Access Subscn’bers

Subscribers (medium) United Mines Teh”nunicalion8 I , 593 $99,297.00 (me) AFcess Subscribem

port NehvorkAccess 46 S15,690,00

f-ii~norabb Chairperson and Members Board of Coonv Commistiomrs Page 2

(period 6jlf02 - ~ ~ i m a

$206.88

d 2,616.44

$16,14286

The installatb and monthly rental fees for SATS is dependent OR t?te stape of ths I tenant‘s request for swvices. f

Tenant Type of Service Numberof Subsaiban

The fallowing chwt provides a sampling of three levels of service (ke., smaH, medium, and large tenant) that is presently offered by MDAD:

lnistaned Actual Monthly costs Rental Fee

BS V. MDC(7) 0001 14

PSC 5205

* I !

1 b

I

j , I

! i

Please mow ;zny Item$ ebccked

-.

Budget tequind

Statement or c i s d impact required

3

BS V MDC(7) 0001 15

PSC 5206

CLEW OF BOAHU No 2033 F, F~lZWuYS

e-

l

,

MIAMI-DADE AVIATiON DEPARTMENT - Airport Rcntnl Agreement -

BS V- MDC(7) 000116

PSC 5207

Additional Terms and Condieom 0

-7

BS V. MDC17) 0001 17

PSC 5208

a. CLERK OF BOARD

I

0s v. MDC(7) 0001 .l8

PSC 5209

IQOOO No 2033 P. 9 /12 1 u / w I O 2 0 0 2 ~ : 9 . 5 1 ~ ~ 3 0 3 ~ ~ ~ ~ ADMIH tUXi OF BO-

. Additional Tcms and Corrcjitions

?

BS v. MDC(7) 0001 19

PSC 5210

a a ' r O c t . 10, ?002" 9.52AEI""" DCAD ADMIP .- "1 Y Y - Y Y

MIAMI-DADE AYlATlUiv DEYARTMEYT Equipment and Services Scbcdute I -

BS V. MDC(7) 000120

PSC 521 1

No. 2033 P.

..

!

.

6s V. MDC(7) 0001 21

PSC 5212

.*. . ..

MIAMI-DADE AVIATION DEPARTMENT

BS V A MDC(7) 000122

PSC 5213

BellSouth is incorrect in its communication to you, that the Miami-Dade County (the “County“) Home Rule Charter (the ‘‘Charter”) prohibitsthe Miami-Dade Aviation Department ~TvlDAD’’) fiom pursuing revenue opportunities as they relate to telecommunications.

Article - 1, $ l.Ol(A) grants enumerated powers tc the Board of County Commissioners (the ‘Board”) as the legislative and governing body of the County. Specifically subsection 14 allows &e Board to “[rlegdate, control, take over, and grant franchises to, or itself operate gas. light. power, telephone, and other utilities, sanitary and sewage collection and disposal systems, water suppIy, treatment, and service systems, and public transportation systems, ....” Subsubsection (b) of subsection 14 provides however, that “[tlhe county shall not operate a light, power, or telephone utiiity tu serve any territory in the coun#y which i s being supplied with similar service , , ,.” (emphasis added).

The provjsion of telecommunications, data network, and shared tenant services to the tenants at Miami International Airport (“‘MIA”) does not constitute the operation of 8 telephone utility to serve a territory, prohiited by the Charter unless passed by majority vote of the County electorate. First, the County is not operating a public utility. Second, MIA is not a tdtory, but property owned and operated by the County as an international airport, which consists of B terminal, buildings, and facilities. Last, the provided shared airport services have no similar service equivalent. The County leases certarn areas w i t h the terminal, as well as various buildings. The County provides teIec~mmunications, data network, and shared airport services to h4DA.D and its MLA tenants, necessary for those entities to operate efficiently. MDAD may charge MIA tenants for such services, and may pursue revenue opportunities as said opportunities relate to telecommunications.

cc: Abigail Price-Williams, Esq., Assistant County Attorney

PLAINTIFF‘S EXHIBIT

6s v. MDC(1) 000453

PSC 5214

IN THE CIRCUIT COURT OF THE 11TH

DADE COUNTY, FLORIDA JUDICIAL CIRCUIT IN AND FOR MIAMI-

GENERAL JURISDICTION

CASE NO. 02-28688 CA (03)

BELLSOUTH TELECOMMUNICATIONS, INC.

Plaintiff,

V.

MIAMI-DADE COUNTY, a political subdivision of the State of Florida,

Defendant 1

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR ISSUANCE OF WRIT OF MANDAMUS

Plaintiff, BellSouth Telecommunications, Inc. ("BellSouth"), files this Second e Amended Complaint for Declaratory and Injunctive Relief and for issuance of a Writ of

Mandamus against Defendant, Miami-Dade County (the "County"), and alleges:

JURISDICTION AND PARTIES

1, BellSouth brings this action for declaratory and injunctive relief pursuant to

Chapter 86 and Section 26 012(3), Florida Statutes (2002), based upon the County's - $7

violation of The Home Rule Amendment and Charter of Miami-Dade County, Florida (the 0 - L.

"Charter") as well as the County's violation of Article VIII, Sections 6(a) and 6(e) of the

Florida Constitution of 1985, which incorporate certain prior provisions of the Constitution

of 1885, as amended.

PLAINTIFF'S EXHIBIT

PSC 5215

1 I,,, 1, I ).

CAL, NO 02-25688 CA (03)

2. BellSouth further brings this action for issuance of a Writ of Mandamus to

compel the County to perform its ministerial obligation pursuant to Chapter 364 of the

Florida Statutes, and its accompanying regulations as set forth in the Florida Administrative

Code governing the regulation of telecommunications companies.

3. BellSouth is a Georgia corporation doing business in Miami-Dade Couoty

4. BellSouth is a local exchange telecommunications company, as defined in

Chapter 364, Florida Statutes.

5. Pursuant to its Certificate of Public Convenience and Necessity issued by the

Florida Public Service Commission ("FPSC"), BellSouth Wfer[s] two-way

telecommunications service to the public for hire . by use of a telecommunications

facility" within its service area in Florida. including Miami-Dade County.

6, The County is a political subdivision of the State of Florida and is located in

Miami-Dade County.

7. The County "offer[s] two-way telecommunications service to the public for hire

by use of a telecommunications facility," at Miami International Airport ("MIA") and other

general aviation airports within Miami-Dade County, including tiendall, Tamiami,

Homestead and Opa-Locka (the "Other Airports) (collectively MIA and the Other Airports L1

may be referenced as, "airports").

2

PSC 5216

FACTUAL ALLEGATIONS

A, THE LEGAL FRAMEWORK

8. Section 1 ,O?(A)(l4)(b) of the Charter states:

The countv shall not operate a , , . telephone utilitv to serve anv territory in the county which is beinq supplied with a similar service except by a maiority vote of those qualified electors voting in an election held not less than SIX (6) months after the Board has passed an ordinance to that effect by a two-thirds (2/3) vote of the members of the Board present Such ordinance shall contain information on cost, method of financing, agency to regulate rates, agency to operate, location and other information necessary to inform the general public of the feasibility and practicability of the proposed operation. (Emphasis added)

9, A "telephone utility," as used in the Charter, is a "Telecommunications

Company" as provided in Section 364.02 ( 1 3), Fla. Stat and the regulations promulgated

there u n d e r

10. Section 364.02 (13), Fla. Stat defines a Telecommunications Company, and

thus a telephone utility, as.

13) "Telecommunications company" includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever. and every political subdivision in the state, offerinq two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility (Emphasis added). *T

11 The County, a political subdivision, IS operating a Telecommunications

Company and is t h u s subject to regulation by, and the exclusive ~urisdiction of, the FPSC

with respect to the County's offering two-way telecommunications services to the public for

hire,

PSC 5217

CAS, NO 02-28688 CA (03)

12 Rule 25-9.002 of the Florida Administrative Code, governing the FPSC's

regulatory authority, defines the terms "utility" or "public utility" as follows

"For the purposes of these regulations the following definitions shall apply. , (2) Except where a different meaning clearly appears from the context, the word or words "utilitv" or "public utilitv" as used in these rules shall mean and include all electric and gas utilities, water systems, wastewater systems, telephone companies and teleqraDh comDanies which are, or may hereafter be, subiect to the iurisdiction of this Commission, (Emphasis added).

13. Moreover, Rule 25-4.OO3( 10) of the Florida Administrative Code, governing

the FPSC's regulation of Telephone Companies, provides the following definitions

"Company," "Telecommunications Company," "Telephone Company," or "Utility." These terms mav be used interchanqeably herein and shall mean "telecommunications companv" as defined in Section 364.02(12) Isicl, Florida Statutes. (Emphasis added),

14. By operating a "Telecommunications Company," the County IS a forfron

operating a "Telephone Utility."

15 Before t he County can operate a telephone utility in a territory within the

County where similar services are already supplied, t h e Charter requires the Board of

County Commissioners (the "Board") first to pass an ordinance by 213 vote of the members

of the Board present, to obtain the approval of a majority of the qualified electors in

Miami-Dade County.

16, ;. t; addition to the requirements imposed by the Charter, the Board's authority

to authorize the provision of telecommunications services to the publlc for hire is further

circumscribed by general law which explicitly grants t h e FPSC exclusive jurisdiction over

the regutation of such services

PSC 5218

CAS, NO 02-28688 CA (03)

17, The Florida Legislature, by general law, provided in § 364.01(2) the following:

It is the legislative intent to give exclusive iurisdiction in all matters set forth in this chapter to the Florida Public Service Commission in reaulatina telecommunications companies, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. (Emphasis added.)

18. The County is presently operating a Telecommunications Company, as

evidenced by its offering and providing telecommunications services, including shared

tenant services, to airport tenants, the provision of which are subject to regulation by, and

the exclusive jurisdiction of, the FPSC.

19: Section 364,339, governing the provision of shared tenant services (“STS”),

states that “the [Florida Public Service] Commission shall have exclusive jurisdiction to

authorize the provision of any shared tenant service which,

(a) Duplicates or competes with local service provided by an existing local exchange telecommunications company; and

(b) Effective January I, 1996, is furnished through a common switching or billing arrangement to tenants by an entity other than an existing local exchange telecommunications company.” (emphasis added).

20, Pursuant to its authority under § 364.339, Fla, Stat , the FPSC enacted a

limited “Airport Exemption ” The “Airport Exemption’’ gates:

Airports shall be exempt from the other STS rules due to the nFcessity to ensure the safe and efficient transportation of

..passengers and freight through the airport facility The airport shall obtain a certificate as a shared tenant service provider before it provides shared local services to facilities such as hotels, ShoDDlncl malls and industrial Darks. However, if the airport partitions its trunks, it shall be exempt from the other STS rules for service provided only to the airport facility, (Emphasis added),

5

PSC 5219

, I

CASL 1\10 02-28688 CA (03)

Rule 25-24.580, F.A.C

21. As the plain language of the rule makes clear, the Airport Exemption does not

grant the County an exemption from the certification requirement applicable to all STS

providers with respect to the County's provision of shared tenant services to facilities such

as hotels, shopping malls and industrial parks.

22 As set forth below, the County offers shared tenant services to at least one

hotel, to restaurants, to retail shops. and to other commercial entities which are "facilities

such as hotels, shopping malls and industrial parks."

23, Article V111, Sections 6(a) and 6(e) of the Florida Constitution of 1985,

incorporates certain prior provisions of the Constitution of 1885, as amended, that

expressly limit the authority of Miami-Dade County as follows

Section I 1 (5) Nothing in this section shall limit or restrict t he power of the Legislature to enact general laws which shall relate to Dade County and any other one or more counties in the state of Florida . and the home rule charter provided for herein shall not conflict with any provision of this Constitution nor of any applicable general laws now applying to Dade County . , ~ nor shall any ordinance enacted in pursuance to said home rule charter conflict with this Constitution or any such applicable seneral law except as expressly authorized herein (emphasis added).

Section 11 (9): , . , [llt is further declared to be the intent of the Legislature and of the electors of the State of Florida that the provisions of the Constitution and aeneral laws which shall relate to Dade Countv and any other one or more

:.counties of the State of Florida or to any municipality in Dade County and any other one or me municipalities of the State of Florida enacted pursuant thereto bv the Leqislature shall be t h e suDreme law in Dade Countv, Florida, except as expressly provided herein and this section shall be strictly construed to maintain such supremacy of this Constitution and of the Leqislature in the enactment of qeneral laws pursuant to this Constitution. (emphasis added)

6

PSC 5220

CASL NO 02-28688 CPA (03)

24 Consequently, the County, through the Board, both (I) violated the Charter

and (2) exceeded its constitutional authority, by purporting to authorize the County

Manager and the Miami-Dade Aviation Department ("MDAD") to operate a telephone utility

by offering telecommunications services to the public for hire, including to facilities such as

hotels, shopping malls and industrial parks, based solely on the County's resolutions,

without the prior approval of the FPSC, and without passing the required Ordinance or

obtaining the required vote of a majority of the qualified electors.

B. THE BOARD VIOLATED THE CHARTER AND ENACTED RESOLUTIONS THAT UNCONSTITUTIONALLY CONFLICT WITH GENERAL LAWS GRANTING EXCLUSIVE JURISDICTION TO THE FPSC.

25. On January 29, 2002, the Board approved Resolution No R-31-02

authorizing the County to enter into a Non-Exclusive Telecommunications, Data Network,

and Shared Airport Tenant Services Management Agreement (the "Agreement") with

NextiraOne, LLC ("Nextira").

26 Under the Agreement, among other things, the County acqurred title to

Nextira's telecommunicatiorls facilities, and Nextira assigned its agreements with

customers for telecommunications service to the County See County Manager's

Memorandum and Resolution R-37-02, dated January-29, 2002, attached as Composite

Exhibit A.

27. .. Lhder the Agreement, the County acquired telecommunications facilities,

authorized MDAD to operate the facilities to provide telecommunications services to

customers for hire, and authorized the County to receive all gross revenues from the

provision of the telecommunications services

7

PSC 5221

CAS, NO 02-28688 CA ( 0 3 )

28. During 2001, the year prior to the County’s acquisition and operation of the

telephone utility at the airports, the gross revenues for the provision of telecommunications

0 services to airport tenants totaled approximately $2,670.024.

29. On September 24, 2002, the Board adopted Resolution No. R-1091-02

(collectively, R-1091-02 and R-31-02 are referenced hereinafter as the “Resolutions”)

authorizing the County Manager or hidher designee to negotiate and execute new Airport

Rental Agreements between the County and customers at the airports to govern the

County’s provision of telecommunications services to these tenants, including hotels,

restaurants, retail shops and other commercial entities (‘Commercial Tenants”). See

Resolution R-1091-02, County Manager’s Memorandum and Miami-Dade Aviation

Department Airport Rental Agreement attached as Composite Exhibit B

30. Prior to the passage of these two Resolutions, the County never operated a

telephone utility/telecommunications company because it did not offer two-way

telecommunications services to the public for hire by use of a telecommunlcations facility at

MIA or the Other Airports

31. Nextira and, upon information and belief, its predecessor private entities

offered the two-way telecommunications services to the airport tenants for hire using

telecommunications facilities owned by these private entities prior to the passage of the .I

Resolutions, , , -

32. Thus, by passing the Resolutions, and, based solely on the Resolutions, the

County now owns and operates a telephone utility by offering two-way telecommunications

8

PSC 5222

. ’

CASL 8 4 0 02-28688 L A (03)

services to the public for hire, including to Commercial Tenants, at MIA and the Other

Airports using telecommunications facilities

33. As testified to by Pedro Garcia, MDAD’s Chief of Telecommunications, the

County, through its legal counsel and management, and with the participation of the

management of the airport, determined that the County had the authority to authorize

MDAD and the County Manager to operate the telephone utility/telecommunications

company at the airports without seeking prior approval from the FPSC

34. Thus, the County never submitted an application to the FPSC to obtain a

certificate of public convenience and necessity.

35 The Commercial Tenants to which the County currently offers and provides

two-way telecommunications services for hire at the airports include at least one hotel,

several restaurants, retail shops and other commercial entities A list of the County’s

customers, as of the date of that list, is attached hereto as Exhibit “C,” and Pedro Garcia’s

deposition testimony confirming that MDAD provides STS to a hotel tenant at MIA is

attached hereto as Exhibit “D.”

36 By offering telecommunications services to Commercial Tenants, t he County

is in direct competition with other telecommunications companies operating at the airports,

including BellSouth -LT

37. Indeed, t h e County’s professed goal, as testified to by Pedro Garcia, in , - a .

offering telecommunications services to Commercial Tenants is to make money and to

compete with BellSouth and other telecommunications companies operating at the airports,

9

PSC 5223

1 . CASL ,JO, 02-28628 CA (03)

38. BellSouth, the incumbent local exchange telecommunications company in

Miami-Dade County, provides similar telecommunications services to Commercial Tenants

at MIA and the Other Airports, and has been providing such services at all times relevant,

subject to t h e regulation of the FPSC.

39. In fact, by offering shared tenant services to Commercial Tenants at the

airports, the County is necessarily offering similar services to those already offered at the

airports by BellSouth because shared tenant services, by definition, are services which

duplicate or compete with local service provided by an existing local exchange

telecomm u nicatio ns company

$0. The provision of shared tenant services to these Commercial Tenants at the

airports is not necessary to ensure the safe and efficient transportation of passengers and

freight through the airports' facilities.

41. The Commercial Tenants at the airports to which the County offers shared

tenant services are facilities, such as hotels, shopping malls and industrial parks.

42 Accordingly, the County's provision of shared tenant services to these

Commercial tenants is not exempt from the certification requirements and other regulations

enacted by the FPSC and as provided in Chapter 364 of the Florida Statutes. 7

43, Thus, by passing the Resolutions, the Board purported to authorize the

County, based.on its own authority and without prior approval of the FPSC, to offer shared 1.

tenant services to the Commercial Tenants at MIA and the Other Airports.

44 Moreover, whether or not the County, pursuant to the "Airport Exemption," IS

entitled to a limited exemption from "other STS rules" governing the provision of shared

10

PSC 5224

* ' I.

CASL 1 4 0 02-28688 L A (03)

tenant services, the County is still operating a telecommunications company, and thus a

telephone utility, in violation of the Charter, and the County is still subject to FPSC

jurisdiction by virtue of its operation as a telecommunications company.

45. MIA and the Other Airports are territories in Miami-Dade County.

46 BellSouth has standing to bring this action because it has a special injury

resulting from the County's violation of Section 1 01(A)(14)(B) of the Charter, as it relates

to the operation of a telephone utility by the County.

47. Specifically, BellSouth's injuries are different in kind from that of the general

public. The County's operation of a telephone utility in violation of the Charter affects

BellSouth's business opportunities with, and potential income from, customers at MIA and

the Other Airports

48, BellSouth also has standing to compel the County to comply with its

statutory and regulatory obligations under Chapter 364. Florida Statutes, because those

statutes and related rules expressly govern all telecommunications companies and the

provision of telecommunications services.

49 The statutory scheme explicitly promotes and seeks to ensure fair and

effective competition amongst telecommunications companies, including BellSouth and

the County 1

50, Finally, BellSouth has standing to bring this action because it is challenging

the constitutionality of the County's Resolutions purporting to authorize the County to .-

operate a telecommunications company independently, and in direct conflict with, general

11

PSC 5225

law passed by the Florida Legislature which grants exclusive jurisdiction to the FPSC to

authorize persons to provide such services and regulate providers thereof. 8 COUNT I

DECLARATORY JUDGMENT (The County's Violation of the Chatter)

51. BellSouth incorporates Paragraphs 1 through 50 of this Second Amended

Complaint.

52. An actual and justiciable controversy exists between BellSouth and the

County as to whether the County's operation of a telephone utility in Miami-Dade County,

absent the necessary votes of the qualified electors and enactment of an ordinance

required under Section 1,01(A)(14}(b) of the Charter, violate the Charter

53. There is a present, bona-fide need for a declaration that the County's

actions violate the Charter.

54.

55

The declaration IS ascertainable based on the current state of the facts.

BellSouth has an actual, present, and adverse interest in the subject matter

of this declaration, which Is before this Court by proper process, and the relief it seeks is

not merely the giving of legal advice or the answer to questions propounded from curiosity

WHEREFORE, BellSouth requests this Court issue a judgment declaring that the

County is violating Section 1 :01 (A)( 14)(b) of the Charter, declaring that any existing

contracts relating to the operation of a telephone utility in violation of Section ., .

1.01(A)(14)(b) of the Charter are void, and further declaring that Resolution No. R-31-02

and Resolution R-1091-02. to the extent they authorize the County to operate a telephone

12

PSC 5226

CALL NO. 02-26666 CA (05)

utility in violation of the Charter, are void, and to award Plaintiff its costs pursuant to

Section (C) of the Charter's Bill of Rights.

COUNT II IN JUNCTl ON

(To Prohibit the County from Continuing to Violate the Charter)


Complaint

57. This is an action for injunctive relief to prevent the County from continuing to

operate a telephone utility absent the votes and enactment of an ordinance required under

Section 1 01 (A)( 14)(b) of the Charter,

58 BellSouth has no adequate remedy at law. If the County is permitted to

continue to operate its telephone utility at the airports without t he majority vote of the

qualified electors and the enactment of an ordinance as required under Section

1,01(A)(14)(bJ of the Charter, BellSouth will suffer irreparable harm.

WHEREFORE, BellSouth requests that this Court issue an injunction enjoining the

County from continuing to operate a telephone utility in the County absent the required

votes of the qualified electors and enactment of an ordinance required under Section

1 ,Ol(A)(lJ}(b) of the Charter, and further enjoining the County from continuing to operate a

telephone utility in violation of Section 1.01 (A)(14)(b) of the Charter, and to award it costs .I

pursuant to Sestion (C) of the Charter's Bill of Rights. .,

: -

1.

13

PSC 5227

CASL IJO 02-28688 C A (03)

COUNT I l l DECLARATORY JUDGMENT

(Constitutional Challenge to the County’s Passage of the Resolutions)


Complaint.

60. An actual and justiciable controversy exists between BellSouth and the

County as to whether the County’s Resolutions authorizing the County Manager and

MDAD to operate a telecommunications company as a shared tenant service provider to

certain airport tenants is an unconstitutional exercise of authority that is inconsistent with

and conflicts with the general law applicable to the regulation of telecommunications

companies under Chapter 364 of the Florida Statutes, thereby violating Article VIII,

Sections 6(a) and 6(e) of the Florida Constitution of 9985 which incorporate Sections

7 l(5) and 7 l (9) of the 1885 Constitution.

61, There is a present, bona-fide need for a declaration that the County’s

actions violate the Florida Constitution.

62 The declaration is ascertainable based on the current state of the facts,

63. BellSouth has an actual, present, and adverse interest in the subject matter

of this declaration, which IS before this Court by proper process, and the relief it seeks is

not merely the giving of legal advice or the answer to questions propounded from curiosity. 1

WHEREFORE, BellSouth requests this Court issue a judgment declaring the

following, (9) that the County is a “Telecommunications Company” as defined in 5 364 02(13); (2) that the County is offering shared tenant services as defined in $364 339,

Fla Stat ; and (3) that the County’s passage of Resolution No. R-31-02 and Resolution R-

14

PSC 5228

C A S t IJO 02-28688 CA (03)

1091-02, to the extent they authorize the County to operate a telecommunications

company providing shared tenant services in conflict with the general law granting the

exclusive jurisdiction for the regulation of telecommunications companies to the Florida

Public Service Commission, is a violation of Article V111, Sections 6(a) and 6(e) of the

Florida Constitution of 1985, incorporatrng Sections l l (5) and t l (9) of the 1885

Constitution, and declaring such Resolutions, to the extent they violate the Florida

Constitution, null and void.

COUNT IV PETITION FOR ISSUANCE OF WRIT OF MANDAMUS

(Compelling the County to Comply with Its Statutory and Regulatory Obligations as a Telecommunications Company)


Corn plaint.

65. Miami-Dade County has a clear legal duty to perform certain ministerial acts

required by Chapter 364 of the Florida Statutes, and the regulations enacted pursuant

thereto, which exclusively govern the regulation of telecommunications companies

66. Section 364,OZ (1 3) defines Telecommunications Company to include

political subdivisions, and §364.32( l)(a), Fla Stat., defines "Person" to include any

county -.I

67 Section 364 33, Fla. Stat. then provides that. . -

* e A person may not begin the construction or operation of any telecommunications facility, or communications services to the public, or acquire ownership or control thereof. in whatever manner, . without Drior approval (Emphasis added)

15

LASH &OLDBERG.,-

PSC 5229

CSASL NO 02-28688 C A (03)

68 With respect to the provision of shared tenant services, §364,339(2), Fla,

Stat,. further states that “No person shall provide shared tenant services without first

obtaining from the commission a certificate of public convenience and necessity to provide

such service.”

69 To obtain “prior approval,” from the FPSC, and to obtain a certificate of

public convenience and necessity, the “person” must satisfy the ministerial requirements

described in 55 364 33 and 364 335, Fla Stat

70. Enacted pursuant to Section 364.339, Fla, Stat,, Rule 25-24.567 of the

Florida Administrative Code sets forth additional ministerial requirements that the County

must satisfy before it can provide shared tenant services.

71. Alternatively, to the extent the County seeks to take an assignment of an

existing certificate for the provision of shared tenant services which may have previously

been held by NextiraOne, the County is required to satisfy the requirements set forth in

Rule 25-24.569 of the Florida Administrative Code before it can offer the shared tenant

services

72, BellSouth has the right to demand that the County perform the ministerial

obligations set forth in the above-referenced statutory and regulatory provisions because

the County competes with BellSouth One of the purposes of Chapter 364 is to promote ,l

the development of fair and effective competition with-respect to the provision of

telecommunications services in Florida . - I -

73 There is no room for the County to exercise discretion in t h e performance of

the stated obligations, and the performance thereof is directed by law,

PSC 5230

CASL 1\10 02-28688 CA (03)

74.

WHEREFOREl BellSouth requests this Court issue a Writ of Mandamus (1)

compelling t h e County to perform the ministerial duties required by ss364.32 - 364.335

and 5364.339, Fla Stat. and as required by the Florida Administrative Code, including

Rule 25-24.567 or Rule 25-24 569, F A C. and (2) enjoining the Countyfrom continuing to

operate a telecommunications company and to offer shared tenant services to facilities

such as hotels, shopping malls, and industrial parks until the County complies with its

statutory and regulatory obligations under Chapter 364, Fla Stat.. in addition to the

obligations set forth in the Charter.

BellSouth has no other legal remedy available to it.

Respectfully submitted:

LASH & GOLDBERG LLP 1200 Bank of America Tower 100 s E Street Miami, Florida 331 31 Telephone. (305) 347-4040 Telefax: (305) 347-4050

Martin B Goldberg Florida Bar No. 0827029 Lawrence 8 Lambert Florida Bar No, 0032565

BY m

I

17

PSC 5231

C A S t 1 4 0 02-28638 CA (03)

Dorian Denburg, Esq.

BellSouth Telecommunications, Inc, 1155 Peachtree Street, Suite 1700 Atlanta, GA 30309-361 0 Telephone: (404) 249-2608 Telefax (404) 249-5664

@ Florida Bar No 350291

Sharon Liebman, Esq Fla. Bar No, 0048828 BellSouth Telecommunications, inc. 150 W. Flagler Street, Ste. 191 0 Miami, Florida 33130 Telephone, (305) 347-5570 Telefax: (305) 375-0209

Counsel for Plaintiff, BellSouth Telecommunications, Inc

CERTIFICATE OF SERVICE

1 HEREBY CERTIFY that a true and correct copy of the foregoing was served by

Overnight Mail on this 27'h day of May, 2004 to David Hope, Asst. County Attorney, Miami-

Dade County Attorneys Office, 1 I 1 N.W. 1st Street. Miami, Florida 331 30.

BY m E;;F;BApc-cGZ-c7 Martin B, Goldberg

18

PSC 5232

C L E f i K OF THE %CAR5 uF CQUNTY COMWSS:ONER:

RESOLUnON YO. R-31-02 DAD€ COUHN. Ft@R:Dr

F S S O L W O N REIATIXG TO TEZLECOh43ICTNICATlONS. DATA ?WIWORE;, AND SHARED AIRPORT TE3ANT

FACELITIES; AUTHOR12R?G PURCHASE OF LEASED E Q I J P W ; AUTBORZZLh’G APPROVAL AND EXECUTION

SERVICES AT ?dIAhfl-DADE C O L W AIRPORT SYSTEM

OF NON-LXCLUSNE MANAGEMENT AGREEMENT WITH HEXllRAONE, U C FOR I”f TWO-YEAR PERIOD; AND WANING CO?vPE”E BID PROCEDURES ANJ3 PROVISI@NS

’ r ~ ~ R E A S , Miami-Thde County, Florida (the “Counw? and Centel Communications

Company (“Centel’? entered ht0 an Equipmmt b e and Maintenmclcz Agreement, as of July 24,

1990, mnd re~oac t ive to February 7, 1985 (the “ELM Agreement”) which ELhf Agreement

terminates on February 6,2002; and

WIlEREXS, the County and Centel also entered hto a Shared Akport Tenant Service

Agreement (the ”SATS Agreement”) which SATS Ageanent terminates on F e b m q 6,2002; and

WHEREAS, I’lextiraOne, LLC (‘’Nextira’3 is the successor or assignee of Centel’s rights

and obligations ( r ia Williams Cmmunications Solutions, LLC)’ under both the ELM Agrement

and tbc SAT$ Agreement; and

it is in the test interest of tbe Coaty to acquire *. title to aH tel~ommunicatio~s,

data nchvork, and ” m o n use t e r m i d equipment (“CUTE”) intiaStrUchuc, sohare, licenses,

permits, andpibcr assets as detdcd on Schedule A of de ELM Agreement and Scbedule E of the

SATS Apmnent, as of Februay 6,2002 (be “ k e t s ? ; aud

PSC 5233

WHEREAS, sn Interim managcr is nfccssary to operate, maintain, and manage the Ass:%,

until a telecommunications and data nenvork request for p r o p s 1 ("RIP'? is circulated and a new

manager is selected; and

WHEREAS, NextirJ as the o\mer and operator of the Asszts, has &e p o n n e l , technimi

and product howledge, expertise, and market recognition to manage the Assets,

NOW, THEREFORE, BE 3T RESOLVED BY THE BOARD OF C O Z ? n

COhmnSSIONERS OF IlflAhn-DADE COUNTY, FLOFUDA, that the Board.

Section 2 . Authorizes the payment of $6,450,000 to Nextin, for the purchase of-&

Assets, to be used and opented by or for the Miami-hde County Aviation Department.

Section2. Authorizes the approvaI and execution of a non-acJ&ve

"Telecomunica~ons, Data Network, and Shared Airport Tenant Services"management agregnent

(the "Agreement'? with Nextira for an interim two (2) year period, and delegates to the County

Manager the authority to negotiate all t m and mnditionri nece~~ary to connmunate t h e A p " t

The Ageement shall contain 3 nndom audit provision to be conducted by the Office of &e

Inspector G e n d , pursuant to 9 2-1 076(~)(6), Code of hliarni-Dsde County FJon'da (the 'IcOae3.

The Agreement shall also mntah a p.mvision for the C y " to retam the sa-vkes of m independent

private sector Inspector General (LPSIGR), pursuant to Administrative Order No. 3-20.

.. Section 3. Waives mmpetitive bid pmvisions ofAd"t ive Mer P7os 3-4 and 316

related to tbe procurement ofprofcs~ional m - c s .

Section 4. Waives compctitivc bid provisions of Section 4.03@) of tbe Home Rule

Charter and the requirements of Administrrttive Order No. 3-2 in connecticln with the purchase hy

the County for (i> wiring fii, ubling, (iii) fiber oph'c cables and equipment, (iv) t e l p " k a t i m 4

b

PSC 5234

equipmenL (v) teiepbone and data network equipment, (vi) sofhvare, and (bii) material and suppltes,

n e c e s s q to maintain, support, operate, and expand the telecommunicarions, data network, and

(55) votc of the Board mmbers present.

Tne foregoing resclutiart was o f f d by Commissioner Domn D. Rollo .who

moved its sdcptian. The motion was seconded by Commissiona &ty Sorerwn and

upon king put to a vote, tbe vote WAS as follons:

Dr. Miriam Alonso &sent Bruno A. Barreiro v ~ r . ~arbara Carey-ShuIer Gwen Margolis a-t JOC A - M d n e ~ W! Jimmy L. M O ~ S ape DennisC.Moss ape Domn D. Rolle aYe Natacba Seijas

Betty T. Ferguson

Katy Sorensan aF? Rebeca h a a F JaVier D. Souto aye

The Cbahpmon thereupon decked the resolutinn aU!y passed and adnpted this 29th day of

January, 7002 This resolution shall become effective ten (IO) days after tbe date of its adoption

unless vetoed by the Mayor, md if vetoed, shdl become effective only upon an override by this

Board.

Ash Approved by County Attorney aC to form and legs1 sufficiency.

David Stephen Hope

MIAMI-DADE CCILW, FLOfiazA

C0,WSSIONERS BY ITS BOARD OF COWMY

HARVEY Rt", CLERK m**&Ay- 'A ?. ,

Deputy Clerk

PSC 5235

TO: Honorable Chairperson and hiember DATE: January 29,2002 Board of County Commissioners

FROM: Steve Shivcr SUBJECT: Telecommunications Senices at the Abiation Department

It is recommended th3t t h e Board of County Commisrhners (the “Board”) apprwe thc attached m l u t i o n waivjng the competitive bid requirements of Administrative Order No. 3-2 related to the procurment of commodities and services and approbe in principle the non-exclusive “TeIecommunicrttion, Data Network, and Shared Aipxt Tenant Smices” mmnaganent agreement (“Agreement”) between Miami-Dade County. (the “County”) and NextiraOne, LLO (“Nextira’~, substantidly in the form attached hereto, which pro\+da for: 1) the acquiition of, h accordance with the principles ddineated in the Agrfemen< tide to all te~ecommunicdtions network, data nehvork, and common use terminal equipment (“CUTE”) i n f i m c l u r e , software, licenses, pamits, and other assets as described in Schedule A to the Equipment Lease and Maintenance agreement (“ELM Agreement”) and Schedule E to the Shared Airport Tenant Senices agreemmt (‘SATS Agreement“), as of February 6, 2002 for the acquisition pn’cc of S6,4SO,oCX, which will be amurtized at five (5) prcent over‘ five (5 ) years; 2) resoMon of van’ous claims arising out of the ELM Agreement and SATS Agreement; 3) assignment to the Couty all existing t & u t SAX and CUTE agreements entered into by Centel or its SUCC~SSOS or assigns With tt‘0313tS at M i m i Internab’onal Ai.rp@rt (“hf1A”) or the County’s other ouned or operated genm1 avi;ition airports; and, 4) Nextka to become the intrnm telecommuniwtiors infks&~~h.tre rmmgcr, to previde for the design, instdlation, maintenance, repair, management, and opxahond ompport sen-jccs for all voice and dafa nehvork infmmcture for the Miami-Dade Aviation Department (%€DAD’’) and shard airport tenant sen ices customers at MU and the General Aviation nirports (“GAAs”) unti1 a new pmider is selected, .I but for no longer than a p b d of twenty-fovr (24) months.

-

e

In additjon, i t is recommended that the Board approve the attached resolution authoridng the County to makh direct purchases of the foll0;Ving equipment: {i) wiring, (ii) cabling, (iii) fiber optic cables ‘&xi equipment, (iv) telapmmunications equipment, (v) telephone and dato network equipment, (vi) sofhvare, and (vi;) m a t e d and mpplies, neeessay to maintain, support, operate, and expmd the teleam“mcation$, data network, and shared airport tenant s d c 6 at the County a;tport systems faciljti-. Under this system the County uill purchase d u d y , certain commodjties s ind ia td by Nextir;t and be exmpt fiom paying state sales taxes and m h - u p

PSC 5236

CGS:; on i h a e purchases. 11 is also recommended that t he Board authorize, in accordance wilh mdlnmce 7 k ~ 99-63. the inclusion of a random audit provision, including the one quarter (1/4)

be authorized to execute the Agrement. of one percent assessment, in the Agreemenl. I t is further recommended that the County Manager i

B A C K G R O m D

The County is currently under contract vrith Nextira Nextira leases to the County, and manages, operates and maintains all thg telecommunic3tions infmstructure and services serving MJ,4 and the Gk4s 31 an approximate annual cost of$7,3m,000. EiDAD's agreement with Nextira expires on Februq 6,2002-

I

i t

NEGOTWTIONS

In July ZW1, the Board approved Redution Yo. R-852-01, approving a professional smites agreement between the County and ResA~iia ResAria is providing speci31lited technical and negotialjon senice; to resolve the various claims d s h g out of the ELM Agreement and SATS Agreement entered into between the County and Nexkira, and to negotiate a buy-out and new ageement with Nextira to allow bfDAD an Opportunity to findize its long term voice and data telecommunications strategy-

- ,

I

!I !!

MDAD is simu1tmcvudy working to develop a request for proposal C'RFp"') to award a contract to a serrice provider to serve as the manrsger of the telecommunications infrastruchre Due to time constraints, the County will not be able to award this contract before February 6,2002, when the Nextin contract e~pi re~ . To s u r e the uninterrupted opration of the County airports, ResA\ii3, hcLDAD and the County Attomcy's Office negotiated a proposed managemkt agseement ype contract (the "Agreement'? With Next& to retain it as manager of the installed t d m m m u n i c a t i o ~ infiastwtme based upon County ownership ofthe equipment 3s fiether d c s m i below:

! I

I I

PROJECT LQCATION:

PROJECT DESCRIFJlON: Provides for the operations, management, maintenance, service, support and equipment and supp~ies of' the telecommunications and data, infrastrurhre, hardware and software systems fur the MDAD and the shared airport tenant m.ces customers at M i d hternationd Airprt and tk Gmml Aviation Airports. Tbe scope of services includes thc management of the shared airprt tenant m i c a for the County, idcluding CUTE, to tenants auJ users at the Airport. In addition, N e x b FvjJl k -

*

PSC 5237

required to jmpIment a transition program, one hundred and twenty (120) days pnor 10 the expiration of rhe term of this Agrement, to ensure that either the new vendor selected as a remIt of the RFP process or MDAD's operatmg and maintenance personnel are trained in ail aspects of the tclecomunications mil data infrastructure.

FIRM:

LOCATION OF FIRM:

E R M OF AGREEhZEKT:

N e x t i n b e , LLC

Houston, Texas

The Agreement shall be for a duration of twentyfour (24) months. The County may terminate the Agrement With or without cause on thirty (30) days vaitten notice to Nextirq provided however, the Agreement shall have a minimum term of eighteen ( 1 8) months unless terminated earlier for cause.

-

AMOUNT OF AGREEMENT: Compensation to the Contractor

One-Time Acquisition Rice:

Acquisition of the telecommunjcations, data nctwork, and CUTE iafiastructure, soflware licensa, permits, and other assets in Schedule A to the ELM A g m e n t and Schedule E to the SATS A g m e n t of S6,4SO,OOO which Will be mortked at five (5) percmt over five ( 5 ) years.

Fired h l a n a w n " Fee:

This A g m e n t provides for a fixed management fee of $6,144,067 for the first year, which inchdes overhead and profit. staff transition costs, vendor agreements and spare parts carrying charge.

Tbe compensation fw the second year is based on l h s hhn~gement Fee as adj-uskd by the budgeting process thst incorporates the requirements of the Capital Improvement Pro- (CIP) and the change in the C o m m a Price Index (CPr) for the d m h of the yrrsonnd.

3

PSC 5238

Vanable Costs:

The A g e a n e n t 31.~0 provides for the miab1e costs, when authorized by the Department, and includes: I ) the prwurement of parts, materials and software (S2,6SO,OOo), 2) On-call after hour sgy-ces (S273,000), and 3) subcontractor services for wiring installation and maintenance, d; necssary ($599,415).

SATS Revenue:

Per the SATS Agreement, last year MDAD received S267,CNO which was based on ten (IO) percent of gross revenues. Under this R ~ W Agreement, MDAD will receive a11 SATS BOSS revenues which fast year was $2,670,024. This revenue is expected to " r e b a e d on new marketing initiatives presently undsr development.

-

Compensation to the County

The Contractor wii pay to the County the sum of SI 1 O,OOO, on Fehary 6,2002, on account of excess space occupied without lease by the Contractor in Building 3030 at MIA for the period fiom November 1. 1937 to and including February 6.20Q2.

RECOhIMENDED CONTRACT MEASURES: N o m w e

USING AGENCY: hliarni-Dade Aviation Department

FUNDING SOURCE: .I

Miami-Dde A~istion Department Operating Budget for Comlting SeFrica and Avition Revenue Bonds.

APPROVED FOR LEGAL SUFFIczEN&: Yes

Asrqmted to the Board at its December 18,2001 meting, the event that the negotiations With Nextira fail and no agreement is reached by the contract trpiration dare, the D q " t has a contingency plan to assure continuity in tbe provision of teIecomunication services,

i

PSC 5239

ln summaTy, our p r e f a d outcome is 3 negutiated buyout of the telccomunications equipment and infia.structure, retaining Nextira for a hnited time to act as manager of !he telecommunicatjons infrastructure, and cbt&ning a long-term contract for teIecommunicatioss infrastructure mmagemat ihrough a competitive requst for proposal. In addition, the above recommendation begins Lhe Imphnentation of MDAD's long-term. cost-effective sbategy to enable better management and control of our teIecommunications i&astructure. In the altematjye, MDAD has a plan to continue seruica without Nextira while procurement processes and Iegal remedies are undertaken

Attachment

I - ..

PSC 5240

-- -

TO:

FROM

M E M O R A N D U M OFFICE OF THE COUNTY MANAGER

Agenda Item No- 6(8)(1)(;,. - -- Honorable Chalrperson and Members DATE: September 24, 2002

SUBJECT: Resolu ti an approving recommendations relating to shared airport tenant services fCi

the Aviatlon Department . -

RE C OM M END AT1 ON

It is recommended that the Board approve the attached resolution that will authorize the Couitj Manager or his designee to: (i) execute standard form airport rental agreements tot shame atrciort tenant servlces ('SATS") to offer tefecomrnunications and network access to airpor: !-.:lmts; (ii) negotiate such terms and conditions as may be necessary on a tenant by tenan1 basis; and (Hi) Issue renewal and event of default notices. and in the instance of default. to take necessary termination actions for failures to correct defaults on a timely basis al: ii: accordance with the airport rental agreement.

BACKGROUND

Or: Jan\*:Iy 29,2002, the Board of County Commlssloners (the "Board") appmved Rcsotl,*;;J-; No. R-31-02 relating to the telewmmunlcations, data network, and shared airport tenant services at Miaml-Dade Aviation Department ('MDAD"), and entered into a :IW . ' management agreement with NextlraOne, LLC (the 'Contractor") wherein IdL~ '\., . receives all SATS gross ravenues.

Shared airport tenant services consist of telecommunications, volce and data network s e n hich MDAD offers to its tenants. The Contractor is requlred to use its best ofto-, I:;tabllsh, market, maintain, operate and manage SATS for the County to tenants and LIL. , . . 4 Mlami Internationat Airport ('MIA') and the General Avlatlon Airports ("GAA'), conbisteni with the requirements of the Public Service Commission of Florida ("PSCI) or whz!:A; :- nther governmental entity has junsdlction over SATS. if and where applicable. and al. d;.lilicable laws.

I t is rlz"ted that the Board delegate to the County Manager or his designee certain specn:lr:ct 7nd limited authority that would provide for more efficient management of airport pr.qu, t155, maximlzation of revenues, and better operational flexibility for users of said facilities Given the changlng or different needs of each tenant requesting SATS, it Is also requested that the Board delegate the authority to negotiate such terms and conditions as mas be necessary, on a tenant by tenant basis, to allow the County to be responsive lo the ncods of the MIA and GAA business partners. The rental term may wary depending or) t h 6

..

i o . , I I I I no ocmsion will any alrport rental ogrec3ment excood forty-eight (48) month,-

PSC 5241

hm:mble C h a i r " and Members

Type of Service Number of Installed Subscrjbers Costs

Telecommunications 6 $860.00 Access Subscribers

Network Access 46 $15,690.00 Subscribers

Telecommunications 593 $89,297.00 Access Submbers

The installation and monthly rental fees for SATS is dependent on the scope of the 3.-+:n"s request for services.

- Actual Monthly Rental Fee (period SlIl02 - 513 1 /02) $200.88

$2,516.44

-. $16,142.86

Tne following chart provides a sampling of three levels of service &e., small, medium, ana targc. tenant) that is presently offered by MDAD: _ _ T erisnt

The quested delegallon of authority is slmilar to that whlch has existed for standard form avlatbn leases for the use and occupancy of rea) property st MDAD fscllltles.

At present, there are fNy-flve (55) tenants wtth exlstfng SATS agreements with MDAD. T b s e agreements must be renewed, and as MDAD takes addttlonal tenants into seMce. 11 I r i ~ x p e c t e d the number of users of our telmmmunications and data nehMrk system end resuttlng revenues wlll Increase. Per the previous SATS agreement with NextIraone. LLC', la& year the MDAD recelved $287,000, which was based on ten ( IO) percent of gross revenues. Under the new mn-exclusfve management agreement with " t h O n e . LLC. approved by the Board on January 20,2002, MDAO wlll recelve all SATS gmss reuitfiues whlch last year totalled $2,870.024. 731s r&nue Is expected to increase based on new markethg Initlatlves presenQ under development.

PSC 5242

REBOLUTIOH NO. R-l(391-02

I1EGOLUTfOH AUTEORIZI~Q TEIE COmTTp XU?AC3BR OB DEBXQbTgE TO EXECUTE AIRPORT KRWTAL AGRE-8 JOR AXRPOBT T E Z " TBkECOXbSUt3ICATIONS 8gBVICE8 AND " W O R K ACCB68j WOOTIATR TERMS AND CONDZTION8y Am, I88W BEHEPQELI, Mip DEFAULT XOTICES AElD T M E pTgCB88ARY TERMINATIOW ACTION FOR BAILDTU TO CORRECT DEFAULTB.

WHEREAS, this Board deeires to accomplish the purposes

outlined in the accompanying memorandum, a copy of which is

incorporated here in by reference,

CoHkSISSIONERS OP HLAMX-DMEF COIRJTY, FLORIDA, that this Board

hereby authorizes the C o u n t y Manager or designee to: (i) execute

the standard form of an a i r p o r t rental agreement attached to the

accompanying memorandum for ahared airport t"tt

telecommunications services and network access; (ii) negotiate

ouch terms and conditione ~ E I may be ncceeeary on a tenant by

t enant basis; and (iii) issue renewal and 'aefault notices and, in

the instance of deEault, to take necessary termination actions

€or f a i l u r e to timely correct d e f a u l t s all in'-accordance with the

agreement. ..

, n I , - , n , T,,P , , . . ,, . - , . ..... .. . ~ ~

PSC 5243

Agenda Item No. 6 ( A ) (1) ( A ) Page No. 2

The f o r e g o i n g resolution was offered by Commissioner

"I). I 3 d . h , who moved its adoption. The m o t i o r

was seconded by Commissioner open wargolls

and upon being put to a vote, the vote was as follows:

Bruno A. B a r r e i r o ab6eat Jose " P e p e " Cancio, Sr. Liyt

v G w e n Margolis 8pe Joe A . Martinet v

Dr - Barbara Carey-Shuler abent Bet ty T. Ferguson Elke , .

Jimmy I,. Morales aye Dorr in D. Rolle m Natacha Sei j as ahec. . Katy Sorenson 8pe Rebeca Sosa m\

- Dennis C. Moss

Sen. Javier D. Souto *t

The Chairperson thereupon declared the resolut ion duly

passed and adopted this 24th day of September, 2002. This

resolution s h a l l become effect ive t e n (10) days a f t e r the

d a t e of i t s adoption unless vetoed by the Mayor, and if

vetoed, shall become effect ive only upon an override by I

this Board.

HARVEY R W I N , CLERK

-J * Deputy C l e r k

to form ana legal Approved by - D a v i d Stephen Hope

PSC 5244

PSC 5245

Additionnl 'rcrms and Conditions

PSC 5246

Additional T c t r n s and Conditions

PSC 5247

Plinmi-Dhde Aviatinii Departmen1 Customer

Ttrlr: Tille:

-- Dlttc: Dote:

' i PSC 5248

‘I

PSC 5249

. 4 * ..

hl 0 -- T.8 d o n Department

acknodedges. represents and warram tn inF

nty and the undersigned (a) ha5 been &livered, installed and subjected to all necessary pre

I #,g, (b) has been inspected: (c) is operating in accordance with the manufacturer's specificahuns -. used or made available to be placed \n service for its specifkxlly assigned function for the firs(

A H date indrcated below as the 'Commencement Date'; and ( e ) was first connected to a puolir

in a mapper permitting calls to be macle through h e equipment to and from tha facility in wnicr,

t equipment subject to the Rental Agreement dated -I zo--

I - ,ocated on such Cor"cement Date -

Comms - r m t Dote

6 tl

PSC 5250

hIJ.4MI-DhDE A\. 'IATION IIEPARTMENT hiaintenancc Schedulc I I L

Ttva rn Jintenance plan features the lollowlng servlcas:

*. Typo5 gf Failures:

T*I

a

reparted by the Customers wll fall into two categories. a) Major Failures, and b) Minor Failures

Maior Failures are t h o s e thal severely tmpede the ability for a Customer to conduct business at the Airom and shall be defined as an Occurrence of any of the follovnng

1 X failure of the lelephone switch, its common equipment or powor supplies which renders i t or r n n incapable of perfoming normal functions for five percenI(S%) or more of the stations or trunks

2 A failure of nehvork companenls thal will render over fbe percent (5%) of work 6tabons incperable

M m r Failures are any other failures including a failure of any ancillary equtpment such a i m k r c m , circuits, paging input arrangement, or any other telecommunications equipment or component

b

2. R e s u w s e and ReRair TI=:

Based on the trouble classtfnxition. the response wll b in the folk?wing manner'

a Maior Failure lmmediale response during business hours (Monday-Friday, 7 AM - 11 P M , Eastern Tlme) and within tw (2) hours for off hwrs (Monday-Friday, 11 P M - 7 AM , Easrem Time, and h n t j - tour (24) hwrs 8 day Saturday, Sunday. and holidap) Remedial maintenance wll begin immediately for a malor malfunction. whicn may consist of remoir diagnostics during Pihe first fineen (15) to thirty (30) minutes. aher the repalr notification bme by tn t Customer, via the SBNica provldef tracking processas with the appropriate service ticket number. hcnever if not correckd, the t m m provider's p e r s o d must bu mslte no less than forty-five (45) minutes aurin9 buslnesa hours and no less than two (2) b n during oll hours from the repair notification bme. Repair wTk shall atart Immediatety and ccxltinue until the problem is re-. Aft commercialty reasonable efforts will be made to complete repairs wtthin eight (8) hours from the time the Custwner reportea me incident Mimr Failure - Responsa within dght (8) bmhess houn Repairs not &fined as B major failure vnlt begin as ~ x p d i h u s ~ as possible. and all commercmlly rcasonabb efforts shall be mede to complete repain Whin me (1) business day from the time me Customer reprttd the i " t Repairs may be made by a ct~%fied technical personnd biM throvgh a premise WSR OT via ebctm'w - through the use d 8 remote ma-Mf3naflc.e IermiMI Howsver. in dll cases. the repair must ba axlffrmed ard the Statu3 updated by the rwxt business day by mhhcetton to r k servm provider. Rapanse b mimr s a m intemptions wfll lake piace within elght (8) business hours 'Responcr Is equated to having technical s u m andlw IrouWshmling the problem wlnin aforemenlioned bmas, Note that during the! bouMesWHg pr-, tbe s s m h provkkr is coordinatiny directly Mth the Customer unnl Lhe problem Is resdved.

b

a

3J&pCellnneous: .

v

I

-

All parts and labor are included, unless the failure i3 duo to abuse or misuse of the equipment or kcilib-5

Preventwe maintenawe routines aro included.

Ullllty c0ordinalic-n with the local telephme m p a n y and other mmmon carders are provided Cmsultation w c e s on t h Customer's system are included

User training (beyond that provided in SacUoo 8 of the Agreement) is opbonal, and at an addikonal cos1

Traffic studies lo detemme adequatr? system utileation (nof lo exrRed huo (2 ) annual Customer requt.sr-1 5tudie-s) are included.

7 +- PSC 5251

Exhibil 6 SATS Airport RenIal and CUTE Agreements

m e l e Cus:omers Cuslomet Number

1 2 3 L

4

6 7 8 9 10 1 1 12 13

15 7 6 17 ( 8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 26 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 5: 53 $4 55

1 A

Abalis lnleinaitonal A c e s . CUTE 6 Voice AOT Securilies AeroMertcO ,;eruposl~ - CUTE 6 V D c e Air France - C U E Air Jamalca A r Ttan A u r a y s American Aslines -CUTE d Voice AS! Baggage ASlG Miami Inc Aserca Airliner Atlas Au ATLT A v l a n u . CUTE d Voice Bnhsh Always. CUTE 8 Voice Cafe Verrritter C a r n Ice Cream Shoo Cenlers tar C h a s e Control Cinfia Rodrguez &bra Bnght ACditiOns Commodore Avlallon Co”unde1 Cmltnenlal krlmes

Cyber Express C o p CmE

, 1

e

PSC 5252

1 I -_ _-

IN THE CIRCUIT COURT OF THE

M I A M I -DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 02-28688 CA (03)

11th JUDICIAL CIRCUIT IN AND FOR

E

Registered Professional Reporter and N o t a r y Public

c 1

E

9

10

in and f o r the S t a t e of F l o r i d a at L a r g e , pursuact

11

12

;o Notice of Taking Deposition i n the above cause. 1

13

14

-1 5

16

17

18

19

20

21

22

23

24

25

--

B E L L S OUTH TELECOMMUNICATIONS, INC.,

Plaintiff,

7s.

q I A M I - D A D E COUNTY, a political subdivision of the S t a t e of Tlor ida ,

2601 S o u t h Bayshore Drive P l i a n i , Florida

9 : 0 3 a . m . Play 21, 2003

DE P 0 S I T I 0 I? -.

_ I .

OF PEDRO J. GAECIA

Taken before LANCE W. STEINBEISSER,

P

- 'c

CERTIFIED SHORTHAhm REPORTERS, h'f, a

PSC 5253

2

3

MITCHELL R. BLOOMBERG, ESQ. and NATALIE-CARLOS, ESQ. I of the firm of ADORN0 & YOSS, P . A .

DAVID STEPHEN HOPE, and Z Y N J I A . LEE, 2 s s i s t a n t Miami-Da-de County A t t o r n e y s >n behal f of the Defendant

4

5

6

7

8

9

10

11

12

13

1 4

15

16

17

18

19

20

21

22

23 I

L ~ S O present:

lharon R . ' enn i f e r ITNESS

EDRO J.

Liebman , E s q . B e l l S o u t h Sasha Kay, E s q . , BellSouth

EXAMINATION

GARCIA

BY MR. BLOOMBERG

PAGE

4 I

A L ! ! - - I

0 25 I I

I

CERTIFIED S H O R T H A " REPORTERS, NC!, I - - - - . -

PSC 5254

2 1 3

4

Q . Now, the first sentence of t h i s -- regulation says that airports are - - es s e n t i a 11 y

I'm paraphrasing - - airports are exempt f r o m o t h e r

5 STS rules due to the necessity to e n s u r e safe and ~- -

2ffective transportation of passengers and freight;

f a i r paraphrase?

6

7

8

9

1(

11

12

13

14

15

16

17

18

A . Y e s .

Q. The s e c o n d sentence s a y s t h e airport

shall obtain a certificate as a shared tenant

service provider before it provides shared l o c a l

;ervices to facilities such as h o t e l s , shopping

l a l l s and industrial parks . -

1 . . . .Do you see-that?- - --- . . - -

A . Yes, I s e e it.

Q . And are you providing facilities, s h a r e d

Dcal services to facilities such as hotels, shops

id so forth?

A.

-.. r'le're not providing service to any

shopping I - malls. - .. Hotels?

We're providing service to hotels

Q. A . - -

;here's a management company that manages the hotel

making any profit from that.

e I

CERTEIED SHORTHAND =PORTERS, IiVC. n.fr .rn: 7 7 . 4 C .

- PSC 5255

1

r L

- I

4

5

6

7

8

9

10

11

12

13

1 4,

15

16

17

18

19

20

21

22

23

needed to apply? _. . - A

I don't believe it was anybody in , - A. A .

24

25

?articular. It was something that it was just

_- 25 -_ Q. So is that why you determined you don't

need a certificate? :--

A . It was determined that we didn't need a

certificate based on t h e o v e r a l l interpretation of

this paragraph. We're now providing services

within the airport. We're not going outside to

€ecided to - - let's do it - - at the tine we were

shopping malls or to outside hotels or any outside

the airport property, which belongs to Miami-Dade

tngaged in purchasing the infrastructure from the

: ~ r v i c e p r o v i d e r NextiraOne which was - - they were

County .

t h e owners of all t h e infrastructure at the time. 1

Q. A n d the hotel belongs to whom?

A . The hotel building belongs to Miami-Dade

J o u n t y , and we have a management company managing

:he operation.

Q. _ _ .You .mentioned that .you- started the

)recess of applying f o r a certificate at some

)oint?

A . Yes, sir.

Q. PTho decided to a p p l y ? Flho decided you

PSC 5256

M THE CIRCUIT COURTOF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DAD€ COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 02-28688 CA 03

BELLSOUTH TELECOMMUPJICATIONS, INC.,

Plaintiff.

YS . MIAMI-DADE COUNTY, a political subdivision of the State of Florida,

Defendant.

hlIAMI-DADE COUNTY’S ANSWER AND AFFIRMATIVE DEFENSES TO SECOND AMENDED COMPLAINT FOR DECLARATORY

AND INJUNCTIVE RELIEF AND FOR ISSUANCE OF WRIT OF IrlANDAMTt3

Defendant, Miami-Dade County, by and through its undersigned counsel, hereby files its

Answer and Affirmative Defenses, to the Second Amended Complaint for Declaratory and Injunctive

Relief and for Issuance of Writ of Mandamus of Plaintiff, BellSouth Telecommunications, Inc.

(“BellSouth”) and states:

I . Miami-Dade County (the “County”) admits the allegations contained in Paragraphs 3’6, and

2. The County denies the allegations contained in Paragraphs 7,14,21,22,24,27,25,30,3 1.

32,33+36,37,39,40,41,42,43,44,45,46,47,48,49,50,52,53,55,57,58,60,61,63,65,

72,73, and 74 and therefore demands strict proof thereof

The County is without knowledge as to the allegations contained in Paragraphs 4,5,54, and

62, and therefore denies the same and demands strict proof thereof.

3.

4. Regarding Paragqih-dmome R~(%iiE(Th7“Charter‘s)s

PSC 5257

@ 5 .

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Case No. 02-28688 C4 03 Page 2.

Regarding Paragraph 9, the definition of “telephone utility” as used in the Charter speaks for

itself

Regarding Paragraph 10, 6 363.0?( 13), Florida Statutes speaks for itself.

Regarding Paragraph 11, the County denies operating a telecommunications company

offering two-way telecommunicaticrns semces to the pubIic for hire.

Regarding Paragraph 12, Florida Administrative Code Rule 25-9.002 speaks for itself.

Regarding Paragraph 13. Florida Administrative Code Rule 25-4.003(10) speaks for itself.

Regarding Paragraph 16, the County admits that the authority of the Miami-Dade County

Board of County Commissioners (the “Board”) shall not conflict with applicable general

laws related or applying to Miami-Dade County.

Regarding Paragraph 17, 6 363.01(2), Florida Statutes speaks for itself.

Regarding Paragraph 18, the County admits providing shared airport tenant services to

airport tenants at Miami International Airport (“MIA”).

Regarding Paragraphs 19 and 20, 5 364 339, Florida Statutes speaks for itself.

Regarding Parapaphs 23, Article VIII, Florida Constitution of 1985 speaks for itself.

Regarding Paragraph 25. on January29,2002, the Board passed and adopted Resolution No.

R-3 1-02 related to telecommu~ucations, data netwo&,’and shared network services at County

airport system facilities, The resolution authorized the. (i) purchase of leased

telecommunications, data network. and common use terminal equipment infrastructure,

software, licenses, permits, and other assets; and (ii) approval and execution of a non-

exclusive “Telecommunications, Data Network, and Shared Airport Tenant Services’’

management agreement (the “Agreement”) with NextiraOne, LLC for an interim two (2) y e a

C:lDawldrhlPleading~lJirpor~l6el~~ii~h T d e c o m ~ n ~ n i ~ a ~ t ~ i n ~ /Second 4 mended 4 w w e r End ,4firmntive Defenses). doc

OFFICE O F COIJNTY AlTOPNEY, MIAMI-DADE COUNTY, FLORIDA

PSC 5258

Cose No. 02-28688 C4 03 Puge 3.

16.

17.

1s.

19.

20.

21.

22.

23.

24.

15.

26.

17.

Regarding Paragraph 26. the Agreement speaks for itself-

Regarding Paragraph 29. on September 23.2002, the Board passed and adopted Resolution

Nu. R-1091-02 authorizing the County Manager or designee to negotiate and execute airport

rental agreements with tenants for shared airport tenant services telecommunications and data

network access.

Regarding Paragraph 34, the County admits it has not submitted an application to the Florida

Public Service Commission to obtain 3 certificate of public convenience and necessity.

Regarding Paragraph 35, the County denies providing two-way telecommunications services

for hire at the airports.

Regarding Paragraph 38, the County denies that BellSouth: (i) provides similar services, as

such services are defined by the Charter, to tenants at Miami International Airport("ML4");

and (ii) has been providing such services at all times relevant. The County has no knowledge

of any other statements in this paragraph, not specifically denied above.

Regarding Paragraph 66, g $ 364.01( 13) and 364.32(1)(a), Florida Statutes speak for

themselves

Regarding Paragraphs 67,0363.33, Florida Statutes speaks for itself.

Regarding Paragraphs 68, 5 364-339(2), Florida Stattltes speaks for itself.

Regarding Paragaphs 69, $ 9 364 33 and 364.335, Florida Statutes speak for themselves.



Any allegations of the complaint not specifically responded to above are hereby denied, and

_ I -

therefore the County demands strict Droof thereof

C:lDaraldshlPleadin?~ 4trportlBellSouA Telrcommu nicariow (Second 4mended ,4nsnw and Aflrmatire Deferrrs),doc OFFICE O F COUNTY ATTQPPJEY, MIAh41-DADE COUNN, FLORIDA

- -

PSC 5259

Case No. Ob28688 CA 03 Pagc 4.

AFFIRMATIVE DEFENSES

FIRST DEFENSE (Failure to State a Claim)

1. For each cause of action of the Second Amended Complaint asserted against Defendant,

Plaintiff has failed to state a claim for which relief can be granted.

SECOND DEFENSE (Laches)

2. The County has operated a telecommunications, data network, and shared airport tenant

services inbstructure and system, and provided such services at MIA since circa 1982.

BellSouth has had knowledge of said inhstructure and system since its inception. The

doctrine of laches is a bar to any and all claims of Plaintiff, given BellSouth's approximate

twenty (20) year knowledge of the operation of the system and provision of services now

challenged.

ROBERT A. GINSBURG Miami-Dade County Attomey Aviation Division P.O. Box 591075 AMF Miami, Florida 33159-2075 (305) 876-7040 I FAX (305) 8-

LlLL23dd+) Assistant County Attomey Florida Bar No. 8771 8

C:lDnraldsh I PleadmgsL4rr~orll BdISoufh Teelecom mrrnicuriuns f S ~ e f f n d Amended 4 n ~ w e r and Affirmarnu Defenserl.doc

OFFJCE OF COUtJTY ATJ@!?NEY, MIAMI-DADE COUNTY, FLL'RIDA

PSC 5260

CUSC NO. 02-28688 C.4 03 Page 5.


I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 19th day

of July 2003, to Martin B. Goldberg, Esq.. Lash & Goldberg LLP, 1200 Bank of America Tower,

100 Southeast 2nd Street, hliami, FIonda, 33 13 1 ; Dorian Dmburg, €sq.. BellSouth Corporation,

1 I55 Peachtree Street, Suite 1700, AtIanta, Georgia 30309-361 0;SharonLiebman. Esq ., BellSouth

Telecommunications, Inc., 150 West FlagIer Street, Suite 1910, hlimi, Florida

Assistant County Attomey

C:l Datu IdJhlPIeodingsl Airport1 BelLFourh Telrcomniunicatiorrs (Secorrd Amerlded Answer and AfiirmaN lte Defenses). doc @FFlCE OF COUNTY ATTORNEY, MIAMI-DADE COUPJM, FLQRIDA

PSC 5261

\\, \ \

\ \ BELLSOUTH TELECO~lMUNICATIONS, INC., a foreign corporation,

Plaintiff,

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

GENERAL JURISDICTION DMSION

Case No. .02-28688 CA 03

vs . MIAMI-DADE COUNTY, a political subdivision of the State of Florida,

RESPONSE TO REQUEST FOR CONTENTION INTERROGATORIES

Defendant. I

Defendant, Miami-Dade County (the "County"), by and through its undersigned counsel,

hereby serves its answers to the Request for Contention Interrogatories propounded by Plaintiff,

BellSouth Telecommunications, Inc. ("BellSouth"), and states as follows:

1. Regarding Interrogatory No. 1 - 0 Maurice Jenkins Information Systems and Telecommunications Manager Miami-Dade Aviation Department P.O. Box 592075 Miami, Florida 3 3 159

2. Regarding Interrogatory No. 2 -

Maurice Jenkins: and Pedro Garcia. All persons listed may bereached at Miami-Dade Aviation Department, P. 0. Box 592075, Miami, Florida 33 159. All persons listed have knowledge of the various issues in the lawsuit.

In addition, the County's witness list has not been determined at this date.

EXHIBIT C:ID~foldsh\Disco,'er)lBe//Sourh Tekommunicarions (Response fo Rrquen for Contention Interrogafories).doc

OFFICE OF COUNTY ATrORNEY, MIAMI-DADE COUNTY, FLOPIDA

PSC 5262

Cbsc NO. 02-28688 CA 0-3

3. Regarding Interrogatory No. 3 - Amencan Telephone and Telegraph (“AT&T”) provided telephone and related services to MIA since its inception. After deregulation and the creation of the regional “Bell” telephone companies, BellSouth has provided this same service. WorldCordMCI, SunCom, BellSouth, and AT&T are the authorized long distance providers for MIA.

The Miami-Dade Aviation Department (“MDAD’) pays BellSouth and the other long distance providers, for all long distance service, and then MDAD bills MDAD’s tenants for the actual cost of the service, without any mark-up. BellSouth provides MDAD wth dial tone for local service. WorldCodMCI also provides local and short-long distance service f from Miami to Monroe and Broward counties) for the County pursuant to a County contract. MDAD does not charge MDAD tenants for local service. In addition to paying for long distance service, MDAD pays BellSouth to provide network connectivity to the switched public network (local dial tone), dedicated network connectivity. Smart Ring (redundant) switched public network access, wide-area network connectivity, and BelISouth telephone directory listings.

Prior to the sale of title to all telecommunications, data network, and common use terminal equipment (‘%UTE”) infrastructures, software, licenses, permits, and other assets (collectively, the “Assets”) to the County, and which Assets are used in the provision of telecommunications, data network, and shared airport tenant services (collectively, the ”Services”), NextiraOne LLC’ (“Nextira” or “Contractor”) provided shared airport tenant services (“SATS” or ‘‘STS”) services at Miami Intemational Airport (“MIA”) without a Florida Public Service Commission (‘‘FTSC“) certificate. Neither the County nor MDAD possess a FPSC certificate for the provision of the STS portion of the Services. Airports are exempt from other STS rules and FPSC regulation. The Services are o d y provided and available for MDAD and MDAD’s tenants.

4. Regarding Interrogatory No. 4 - The non-exclusive “Telecommunications, Data Network, and Shared Airport Tenant Services” management agreement dated February 1 , 2002 (the “Agreement”), between the County and Nextira, governed: (1) the County’s acquisition of the Assets; (ii) the !~rms and conditions by which Nextira operated as the interim manager of the Assets, including but not limited to the scope of services provided; (iii) Nextira’s compensation, representations, and ~~arranties; and (iv) Nextira’s assignment of all SATS Airport rental and CUTE agreements, so@vm Iicense(s), and permits to the County. P u r s u h to the Agreement, the Contractor shaIl provide infer alia, for the design, instaliation. maintenmce, repair, management and operational support services for (111 voice and data

I In 1991, the original vendor, CenteI Communication Company, was acquired by WilTel Communications System, and in 1997, Williams Communications Solutions, LLC (L‘WCS’’) was created fiom the merger of WilTel and NorteI Communications Systems. In April 2001, Platinum

E a u i t i e s acquired WCS. Platinum Equities integrated WCS with Milgo Solutions and the two compmies ”0-1. Nextira became the successor or assignee of WCS’ rights and obligations under the existing agreements.

C:IDum)dshlDi~co~erj~IBcl~oufh Telecommunications (Response to Rcquesl for Contention 1nIerrogatorid.doc

OFNCE OF COUNTY ATTORPJEY, MIAMI-DADE COUNW, FLORIDA

PSC 5263

Case NO. 02-26686 CA 03

network infrastructure for MDAD and the SATS customers at MIA and the general aviation aiurports (collectively the “Airport“) The scope of services includes the provisioning of voice and data network services and maintenance of existing and future voice and data network infrastructure equipment and facilities, at the Airport, and the management of SATS fur the County, including CUTE, to tenLmts and users at the Airport. The scope of services describes the Contractor’s obligations and responsibilities. and is deemed to include Iabor, materials, equipment, and additional tasks to the extent set forth in the Agreement.


Neither MIA nor the general inriation airports are temtories in the County. TeIecommunications companies shall provide adequate and efficient service to the temtory described in its certificate of necessity. Neither the County nor MDAD is required to obtain such a certificate for the provision of the Services, and the Services are only provided to MDAD and MDAD tenants at the Airport. In addition, M U and the geneml aviation airports are zoned “Institutional and Public Facility“, and are private County owned property.


First, on March 16, 1982, the Miami-Dade County Board of County Commissioners (the “Board”) approved ResoIution No. R-361-82 awardmg a contract for the instdlation of a telecommunications system for MDAD at MIA (the “Airport System”) and the MIA Airport Hotel (the “Hotel System”) to Centel Communication Company (“Centel”), and authorized MDAD to negotiate a final agreement with Centel for the purchase or rental of the telecommunications system. On September 9, 1982, the County finalized two (2) agreements with Centel intended to support the telecommunications needs of MDAD. The Equipment Lease and Maintenance Agreement (the “ELM Agreement”) provided for the installation and maintenance of a telecommunications system and related equipment for MIA. The Shared Airport Tenant Service Agreement (the “SATS Agreement”) allowed Centel to use the telecommunications equipment and facilities within MIA to provide services to airport tenants for which, Centel paid the County a monthly fee plus a percentage of the gross revenues. On July 24, 1990, the Board apprcyed Resolution No. R-788-90 for the renewal of the ELM Agreement and SATS Agreement with Centel. Pursuant to the ELM Agreement, the parties acknowledged the purchase of the Hotel System and equipment on October 7, 1987. Therefore, the scope of the tease provisions of the ELM Agreement soIely pertained to the Airport System. :The County retained the option to purchase all or any portion of the Airport System and equipment Centel leased to the County 3t MIA. If the County purchased all of the equipment, Centel would assign to the County any and all service and lease agreements between Centel and MIA shared airport tenant services users. Centel continued to provide the maintenance and services for both the Airport System and Hotel System. The term of the ELM Agreement and SATS Agreement commenced retroactively from February 7, 1988 for an initial period of four (4) years. with options for the County to renew for five ( 5 ) consecutive two (2) year terms. In 1991 Centel, was acquired by ! . ! _ $ ! l l j f i m m y s t e m , and in 1997, Williams Communications Solutions, LLC (“WCS’;) was created from the merger crf WilTel and ” te l Communications Systems. During this time

C:IDotaldshlDisco verylBeIIsouth Tdecommunicationr (‘Rcsponre Io Requestfor Contention hrerrogarories). doc

OFFICE OF COVNTY ATOPNEY, MIAMI-DADE COUt‘JpI, FLORIDA

PSC 5264

Cuse No. Ot-2RtiRS C,4 03

period, both the ELiM Agreement and SATS Agreement were repeatedly renewed without significant modification or updating. LTnder the ELM Agreement, WCS provided MIA’s telephone system, the terminal audio system and a rudimentary, limited and small computer network. The ELM Agreement also provided WCS with a monthly lease amount for all the equipment installed including fiber optic cabling, hardware and software. Pursuant to that contract, all equipment installed remained the property of WCS. When additions were made to the system over the years, the monthly lease payment to WCS increased substantially.

As infomation technology advanced and MIA grew, telecommunications and data needs changed drastically. The information technology and telecommunications (“ITT”) systems grew at MIA in size, complexity and in technology installed and used. M M began operating a fully digital fiber optics based Asynchronous Transfer Mode (“ATM’) network running with NT software and providing service to a variety of sophisticated hardware and software sub-systems. General terminology in the ELM Agreement allowed the installation and lease ofother approved systems and related equipment. The ELM Agreement was broadly interpreted to allow the acquisition, by lease, of a variety of additional equipment. The result was the lease of new systems and equipment including, but not limited to: ( i ) a Flight Information Display System (“FIDS”) which receives flight amval and departure information and displays it through monitors throughout the airport; (ii) CUTE for airlines to set-up or relocate at different gates and access their airline specific information; (iiil Airport-Vision displays which was a system of dynamic signage used to display airline logos; (iv) Audible Information Systems for Elevators which provided audible location information outside the parking garage elevators in two (2) languages; (v) Communications Mobile Command Vehicle, a mobile home-type vehicle equipped with landline telephones, satellite telephones, personal computers, radios, and facsimile machines, and equipped with a power generator and modified to serve as an emergency communications base; and (vi) Communication Switching Consoles used as an interface between the 400 Mhzradios and MDAD telephone switches, to provide comunications for landside operations and the MIA Operations Control Room. Upgrades and expansions of existing systems were also leased under the ELM Agreement. This was all done by accessing the lease provisions of the ELM Agreement.

In April 2001, Platinum Equities acquired WCS. Platinum Equities integrated WCS with hlilgo Solutions and the two companies merged operations to form NextiraOne, LLC (“Nextira”) on April 3,2001. Nextira became the successor or assignee of WCS’ n&ts and obligations under the existing agreements. In light of the impending deadline for renewal of the Equipment and the Service Agreement, both of which were scheduled to terminate on February 6,2002, the County decided exercise its buyout option under the ELM Agreement and the SATS Agreement to acquire title to the Assets used in.the provision of the Services. On January 29,2002, the Board approved Resolution No. R-3 1-02 authorizing payment of $6.450.000 to Nextira for the purchase of infrastructure to be used and operated by or for MDAD and authorizing the approval and execution of the Agreement with Nextira for an interim two (2) year period. On March 6 , 2003. the County put forth an Advertisement for Request for Proposals (“RFP”), RFP No. MDAD-04-0 1, for a non-exclusive agreement for the provision of telecommunications and network management services agreement for MDAD at the Airport. Pursuant to the terms of the RFP, the successor manager of the Assets, shall

- . ~ ~ ~ ~ . ~ ~ ~ ~ ~ = ~ ~ ~ ~ ~ ! - ! . ~ ~ ~ e ~ v materials. tools. supplies and other items required for the design, installation, maintenance, repair, management, and operational support services for all (1) voice and

C:ID~taldshlD,sro,’e~~lbellSouth Telecommunications /Response to Request for Confenrion Interrogafuries). doe

OFFICE C’F COUNTY AnCPNEY, MIAMI-DADE COUNTY. FLORIDA

PSC 5265

data nehvork infrasstructure for MDAD, its users and tenants; and (ii) the management of SATS for the County to tenants users at MIA.

Management duties for the new manager of the Assets include, but are not limited to: (a) the provisioning of voice and data network services; (b) maintaining existing and fhture voice and data networks infiastructure equipment including operation, maintenance, repair, monitoring and wpport of network devices such as routers, switches, and servers; (c) supporting of circuits. including vendor resolutions and support of environmentids including UPS devices for all switches and routers at all sites; (d) daily analysis of network performance to research trending and troubleshooting from end point to end point to enable quick resolution of system degradation; (e) providing capacity planning for all network links, PBX switches and trunk groups; (0 providing an on-site Help Desk and Network Operation Center dedicated to providing uninterrupted service to Airport operations; (g) managing the existins voice and data network infrastructures; 01) maintainingrecords as required by MDAD, including but not limited to, equipment and cable plant, record keeping of work order activity, equipment inventory, telephone number inventory, number dialing plan, key sheets, and cable management to the Intermediate Distribution Frame level and jack level for existing and new structure; (i) man3ging the tum-key installation of new voice, data and network services such 3s user training on equipment, project scheduling, appropriate billing to MDAD and SATS customers; 0) billing user customers for setvices, and dso for the specified equipment, including when specifically requested by appropriate work order; (k) needs assessment; (1) system design; (m) procurement of equipment and parts; (n) documentation; (0) record keeping and inventory; and (p) any other functions related to the provisioning of these services.

The new manager shall also be responsible for providing. installing and maintaining technical systems hardware and sofhvare associated with the management of all telecommunications ATM Gigabit Ethernet & ATM infrastructure. In addition, the new manager shall be responsible for maintaining computer hardware and software and the database associated with the cable record systems, the New Security System Cable Management System (after the initia1 contract expires with that system’s provider), and any billing system the new manager chooses to employ subject to MDAD approval. Back-ups are required to be performed and maintained off-site by the new manager for all key technical systems to ensure date integrity and disaster recovery. Pursuant to the terms of the RFP, the Countyreceived sealed proposals from qualified, interested parties based upon the covenants and provisions of the RFP. Afier sdvertiseme9t of the RFP to the general public, on April 17,2003 the County received four (4) bids in response. BellSouth was a subcontractor under one of the bids received by pimmruy contractor SITA, who has put together a team of seven (7) companies, SITA included, to offer managed shared airport tenant senices (“MSATS”) to MU. In SITA’s propopi, BellSouth would have only managed the- voice communications activities component of the MSATS.

Second. “Home Rule” confers to the Board the fidl power and authority to enact Iegslation relating to the affairs and property of the County. Said power and authority is liberally construed to conduct a central metropolitan government. The Board is empowered to provide and operate the Airport. The Board determined ownership of the information technology and telecommunications infrastructure and systems was of paramount importance to the County. It XYS important that MIA take cnntrd of its information technology and telecommunications inf?%SiEE”93ii-d~y>hi~

C:l:IDrrr~l~shlDisio,’erylBeUSouth Telecummunicun’ons (Response to R q u e s f f o r Centention Interrogutorics).duc

OFFICE OF courm A~TOFINEY, MIAMI-DADE c o u r m . FLORIDA

PSC 5266

refers to the transmission pathways that characterize both wired and wireless communication. Relative to wired communication, this includes copper cabling for telephone transmission and both copper and fiber optic cable for data transmission. It also includes conduits, distribution rooms and the duct banks and tunnels between buildings. The wireless infrastructure includes the cable th3t runs between the transmitters and the antennas, the antennas themselves, and any superstructures that support the antennas. MIA's ownership and control of the hfrilstructure was needed since it is the foundation for every major telecommunication and technology initiative that occurs.

Third, the County purchased the leased assets used since 1982 to provide the information technology and telecommunications services necessary for the safe and efficient operation of MLA. The Assets were purchased from a private owner. The Services are provided to MDAD and MIA tenants only, and not to the public generally and indiscriminately. The FPSC is a State of Florida regulatory agency.

Last, this answer has also been provided in interrogatory Nos. 3 and 5.


BellSouth, is a foreign corporation and not a Miami-Dade County "citizen" or "resident". Given, MDAD pays BellSouth for (i) local dial tone, (ii) long distance services, (iii) network connectivity to the switched public network (local dial tone), (iv) dedicated network connectivity, (v) Smart Ring (redundant) switched public nehvork access, (vi) wide-area network connectivity, (vii) BellSouth telephone directory listings, (viii) terminal construction work, and (ix) the performance of other telecommunications work for MIA tenants, BellSouth has no special injury and thereforeno standing to bring this action.

In addition, this answer has been provided in Interrogatory No. 3.

8. Regarding Interrogatory No. 8, this answer has been provided in Interrogatory Nos. 6 and 7.

.T

9. and 7.

Regarding Interrogatory No. 9, this answer has been provided in Interrogatory Nos. 3,5,6,

, -

lo. Regarding Interrogatory No. 10, this answer has been provided in Interrogatory No. 7.

1 1. Regarding Interrogatory No. 1 1, this answer has been provided in Interrogatory No. 6.

C:1Dataldshl DtscoverylBrNSouch Telecommunicafions (Response lo RequertJur Cuntcntion fntcrrugutoricsJ.doc

OFFICE OF CCIUNM ATTORNEY, MIAMI-DADE COUNTY, FLORIDA

PSC 5267

-.. C ~ S C N O . OL-TS688 C,4 03

13. Regarding Interrogatory No. 13, these documents are entitled: (i) "Contract Documents for DCAD Telecommunications, DCAD Contract No. 6-T-600"; (ii) "Resolution No. R-361-82" and supporting documentation; (iii) "Resolution No. R-78s-90' and supporting documentation; (iv) "Status Report: Tetecommunications at the Aviation Department", dated December 18,2001 ; (iv) ''Resolution No. R-3 1-02" and supporting documentation; (vi) "Resolution No. R-1091-02" and supporting documentation; (vii) "Proposal to MLA, Non-Exclusive Telecommunications and Network Management Services Agreement" dated April 17,2003, from SITA and BellSouth and (vii) "Resolution No. R-33-04" and supporting documentation.


BellSouth provides only a &action of the telecommunications, data network, and SATS services offered by MDAD. RFP No. MDAD-04-01 was advertised on March 6, 2003, for a successor telecommunications, dah network, and shared airport services manager, who would inter alia (i) provide for the design, installation, maintenance, repair. management. and operational support services for all voice and data network infiastructure for MDAD, and (ii) manage the shared airport tenant services customers at MIA. After advertisement of the RFP to the general public, on April 17. 2003 the Countyreceived four (4) bids in response. BellSouth was a subcontractor under one of the bids received by primary contractor SITA, who h3s put together a team of seven (7) companies, SITA included, to offer managed shared airport tenant services ("MSATS") to MIA. In SITA's proposal, BellSouth would have only managed the voice communications activities component of the MSATS. In addition, BellSouth does not provide CUTE which is the primary STS service provided by MDAD. A subset of the Services is not similar services.

In addition, this answer has been provided in Interrogatory No. 6 .


WorldCodMCI, SunCom, BellSouth, and AT&T are the authorized long distance providers for MIA. MDAD pays BellSouth and the other long distanceproyiders, for all long distance service, and then MDAD bills MDAD's tenants for the actuaI cost of the service. without any mark-up. WorIdCordMCI is the local and short-long distance provider (fiom Miami to West Palm Beach) for the County pursyant to a County contract.

In addition, this answer has been provided in Interrogatory No. 14. < - ..


Failure to State B Claim - BellSouth's Amended Complaint for Declaratory and Injunctive Relief contains only speculative allegations and provides no factual evidence of a special injury. BellSouth fails to demonstrate: (1) the County is operating a light, power, or telephone utiKGTj-the utii3j%

C:IData\dshl Discover# BellSourh Telecommunlcotions (Requnse Io Request for Contention Interrogrrtwics).doc

OFFICE OF COUNTY AlTORPJEY, MIAMI-DADE COUNTY, FLORIDA

PSC 5268

CUSF NO. 02-28688 C4 03

operated to serve any territory in the County; and (iii) the territory in which the utility operates is supplied with similar services. BellSouth fails to show all persons have an equal right to the use of the Services. The Services are not tantamount to the operation of 3 telephone utility to serve any territory in the County supplied with similar services. First, the Services (i) are not available to the public generally and indiscriminately, (ii) do not constitute operation as 3 public utility, (iii) are exempt from FPSC certification, and (iv) are paid by h4DAD to BellSouth and other telecommunications carriers to provide some of the services, therefore the County is not operating a telephone utility. Second, neither MIA nor other County owned general aviation airports are territories as defined by Florida Statutes. Last, BellSouth does not supply similar telecommunications, data network, and shared tenant services, but only a subset of the telecommunications services offered by and to MDAD in the operation of MIA.

Section l.Ol(A}(l4) of the County Home Rule Charter (the “Charter”) allows the Board to ‘‘[r]egulate, control, take over, and grant franchises to, or itself operate gas, light, power, telephone, and other utilities, sanitary and sewage collection and disposal systems, water supply, treatment, and service systems, and public transportation systems, ....” Subsubsection (b) of 0 1.01(A)(14) provides however, that “[tlhe county shall not operate a light, power, or telephone utility to serve any territory in the county which is being supplied with similar service ....” Section 1.01(B) of the Charter states. “No enumeration of powers in this Charter shall be deemed exclusive or restrictive and the foregoing powers shall be deemed to include dl implied powers necessary and proper to carry out such powers.. . .” Section I .OI(A)(2) of the Charter grants the Board power to “[p]rovide and operate air, water, rail, and bus terminals, port facilities, and public transportation systems.” Therefore, the Board can do all things necessary to establish, legislate, govern, and operate the County. W A D ’ S provision of telecommunications, data network, and SATS services, to itself and MIA tenants is a constitutionally permissible exercise of power under the Florida Constitution, the Florida Statutes, and the Charter. The Services enable the County to provide and operate aviation facilities. The construction, improvement, maintenance, and operation of the Services are a govemmentsl and municipal function, exercised for a pubIic purpose and matters ofpublic necessity. BellSouth does not have standing to raise an alleged Chxter violation. BellSouth has not shown the clear Iegal right to dedaratoxy or injunctive relief.


Laches - On November 19, 1981, the County advertised an RFP for Contract No. 6-T-600 for the manufacture. fabrication, delivery, complete installation, performance verification testing, and two (2) year rnaintenkce of the Airport System and the Hotel System. Proposals were due on or befire January 13.1982. Southern Bell Telephone & Telegraph Company: parent company of BellSouth, submitted one (1 ) of the six proposals evaluated. This solicitation cdminated in the Board approving Resolution No. R-361-82, to award Contract 6-T-600 to Centel for the purchase or lease of the telecommunications systems.

7 - NWa BellSouth Corporation.

C:iDrrt~ldshlDiscorP~lSrllSouth Telecommunications (Rerponse to Rques t for Cuntcnn’on InCerragatorics),duc

OFFICE OF COUNW ATIC‘ENEY, MIAh4I-D4DE COUPlTY, FLORIDA

PSC 5269

Cure Ne. @2-28688 CA 03

e STATE OF FLORIDA 1

COUNTY OF MIAMI-DADE )ss.

B y - /

L

BEFORE ME the undersigned authority, personally appearedl%b’flick \fen k;+-/s . who, after first being duly sworn under oath by me, deposes and says that he has read the foregoing

Answers to Contention Interrogatories, and that they are true and correct to the best of hisher

knowledge, information and belief.

SWORN TO AND SUBSCRIBED before me

PersonallyIinown or

Produced Identif!cation

Type of Identification Produced; , - a.

NOTARY PUBLIC

(Print, Type or Stamp Commissioned Name of Notary Public)

C:IDotalJshlDiscoverylBrHSoutb TrIeeommunicationr (Response to Requestfor Conrennon Interrogatorieskdoc

OFFICE OF COUNTY ATIOPNEY. MIAMI-CAPE COUFJlY, FLORIDA

PSC 5270

CuseNn. 02-28688 CA 03


I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 1st day of

March 2004, to Martin B. Goldberg, Esq., Lash & Goldberg LLP, Bank of Anerica Tower, 100

Southeast 2nd Street, Suite 1200, Miami, Florida, 33131; Dorian Denburg, Esq., BellSouth

Corporation, 1155 Peachtree Street, Suite 1700, Atlanta, Georgia 30309-3610; and Sharon

Liebmnn, Esq., BellSouth Telecommunications, Inc , I50 West Flagler Street, Suite 191 0, Miami,

Florida 33 130.

%avid Stephen Rope ' c J'

Assistant County Attomey

7

C:IDufaldshlLlixo verylBelLTourh Tdecommunicarions (Response IO Request for Conrenrion Inrerrognrories).doc Q OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUETf, FLORIDA

PSC 5271

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

GENERAL JURISDICTION DMSION

CASE NO. 02-28688 CA 03

BELLSOUTH TELECOhlMUNICATIOlUS, INC.,

Plaintiff,

vs . MIAMI-DADE COUNTY'S NOTICE OF FILING AFFIDAVIT OF MAUFUCE JENNNS MIAMI-DADE COUNTY, a political

subdivision of the State of Florida, Defendant.

Defendant, Miami-Dade County (the "Countf'), by and through its undersigned counsel.

pursuant to F1a.R.Civ.P. 1.510(C), gives notice of filing the affidavit of Maurice Jenkins. This

affidavit is in support of its Cross-Motion for Summary Judgment and memorandum of law in

opposition to Plaintiff, BellSouth Telecommunications, h c 's ("BellSouth") Motion for Summary

Judgment in this matter.

Respectfully submitted,

* . .. - 8 .

ROBERT A. GMSBURG Miami-Dade County Attomey Aviation Division P.O. Box 592075 AhIF Miami, FIon'da 33 159-2075

Tel: (305) 375-5151 Fax: (305) 375-5634

(305) 876-7040 / FAX (305) 876-7293

#David Stephen Hope Assistant County Attome PLAINTIFF'S ' Florida Bar No. 8771 8 EXHIBIT

IMT" 7 .

PSC 5272

J 1

AFFIDAVIT OF MAURICE JENKINS

BEFORE ME, the undersigned authority, personally appeared MAURICE JENKINS,

who after being duly sworn, deposes and says:

1. My name is Maurice Jenkins. I am the Information Systems and Telecomunications

Manager at Miami International Airport (“MIA”) for the Miuni-Dade County Aviation

Department (“MDAD”) responsible for the maintenance and administration of all operations

of the Information Technology and Telecommunicstions (“1T-P) systems group at MIA, the

management and expansion of MIA shared tenant services, and the management of the

Business Systems projects that are part of MIA’s Capital Improvement Program. I have held

this position for five (5) years and have worked in the MIA Information Technology

Department for fifteen (1 5 ) years.

On March 16, 1982, the Miami-Dade County Board ofcounty Commissioners (the “Board”)

approved Resolution No. R-361-82 awarding a contract for the installation of a

telecommunications systent for MDAD -- ht MIA to Centel Communication Company

(“Centel”), and authorizing MDAD to negotiate d2t::fjnal agreement with Centel for the

purchase or rental ofthe telecommunications system. See Ex. A , Resolution No. R-361-82.

On SGtimber 9, 1982, Miami-Dade County (the “County”) finalized two (2) agreements

with Centel intended to support the telecommunications needs of MDAD. The Equipment

Lease and Maintenance Agreement (the “ELM Agreement”) provided for the installation and

2.

b . - . . _

3.

maintenance of a telecommunications system and related equipment for MIA. T h e Shared

Airport Tenant Service Agreement (the “SATS Agreement”) allowed Centel to use the

telecommunications equipment and facilities within MIA to provide services to airport C: W d d s h lPlead,ngsW ffidu v;?siJJourict Jcnl. ins 113 cILSourh Tclecomm Y n i t d u n s Affida &).doc

PSC 5273

Case No. 02-2S6SS Gi 03 €age 3.

tenants for which, Centel paid the County a monthly fee plus a percentage of the gross

revenues.

4. On July 24,1990, the Board approved Resolution No. R-788-90 for the renewal of the ELM

Agreement and SATS Agreement with Centel. See Ex. D, Resolution No. R-788-90. Both

contracts were attached and made a p3rt of the Resolution in substantial form. Pursuant to

the ELM Agreement, the parties achorvledged the purchase of the Hotel System and

equipment on October 7, 1987. Therefore, the scope of the lease provisions of the ELM

Agreement solely pertained to the Airport System. The County retained the option to

purchase a11 or any portion of the Airport System and equipment Centel leased to the County

at MIA. If the County purchased all of the equipment, Centel would assign to the County

any and all service and lease agreements between Centel and MIA shared airport tenant

services (“SATS’ or “STS”) users. Centel continued to provide the maintenance and

services for both the Airport and Hotel Systems. The term of the ELM Agreement and

SATS Agreement commenced retroactively from February 7.1988 for an initial period of

four (4) years, with options for the County to renew for five ( 5 ) consecutive two (2) year

terms. .

5 . In 1991, the original vendor, Centel, was acquired by JyilTel Communications System, and

in 1997, Williams Communications Solutions, LLC (“WCS’} was created fiom the merger of

WilTel$d NorteI Communications Systems. During &s time period, both the ELM _ _

Agreement and SATS Agreement were repeatedly renewed without significant modification

or updating. Under the ELM Agreement, WCS provided MIA’s telephone system, the

terminal audio system and a rudimentary, limited and small computer network. The ELM

Agreement also provided WCS with arnonthly lease amount for all the equipment installed

j n c l u d i n ~ fiber optic cabling, hardware and software. Pursuant to that contract, all

C:I~nroldshWleadingsU ffidarrrsLVaurice Jenhins (EeILSourh Telecommunications Affida 4 . d o c

OFFICE O F COUP.ITy ATTQRPJM. h ~IWAI-DADE cow JTY. FLORIDA

PSC 5274

equipment installed remained the property of WCS. When additions were made to the

system over the years, the monthly lease payment to WCS increased substantially.

6. As information technology advanced and MZA grew, telecommunications and data needs

changed drastically. The ITT systems grew at MIA in size, complexity and in technology

instalIed and used. MlA began operating a fully digital fiber optics based Asynchronous

Transfer Mode ("A'TM') network running with NT software and providing service to a

variety of sophisticated hardware and sohvare sub-systems. General terminology in the

ELM Agreement allowed the installation and lease of other approved systems and related

equipment. The ELM Agreement was broadly interpreted to allow the acquisition, by lease,

of a variety of additional equipment. The result was the lease of new systems and equipment

including, but not Iimited to: (i) a Flight Information Display System ("FIDS") which

receives flight arrival and departure information and displays it through monitors throughout

the airport; (ii) Common Use Terminal Equipment ("CUTE') for airlines to set-up or

relocate at different gates and access their airline specific information; (iii) Airport-Vision

displays which was a system of dynamic signage used to display airline logns; (iv) Audible

Information Systems for Elevators which provided audible location information outside the

parking garage elevators in two (2) languages; (v) ,Communications Mobile Command

Vehicle, 3 mobile home-type vehicle equipped with landline telephones, satellite telephones,

personal domputers, radios, and facsimile machines, andequipped with a power generator _ . _ 1

and modified to serve as an emergency communications base; and (vi) Communication

Switching Consoles used as an interface between the 400 Mhz radios and MDAD telephone

Control Room. Upgrades nnd expansions of existing systems were also leased under the

PSC 5275

~

7.

8.

9.

IO.

Casc N r , 02-28fiS6 C.4 03 P q e 5.

This was all done by accessing the lease provisions of the ELM ELM Agreement.

Agreement . The annual costs incurred by MDAD for the provision of senices under the ELM Agrement

and the SATS Agreement ranged between S4,4000,000 and $1 0,500,000 for the fiscal year

periods of 1991 to 2000.

In or around mid to late 1998, concerns were first noticed with the management and use of

the existing telecommunications contracts with WCS. An analysis ofthe situation resulted in

a management level review being conducted of the WCS contracts by MDAD. We

determined that it was important that MIA take control of its information technology and

telecommunications infrastructure. Essentially, this refers to the transmission pathways that

characterize both wired and wireless communication. Relative to wired communication, this

includes copper cabling for telephone transmission and both copper and fiber optic cable for

data transmission. It also includes conduits, distribution rooms and the duct banks and

tunnets between buildings. The wireless infrastructure includes the cable that runs between

the transmitters and the antennas, the antennas themselves, and any superstructures that

support the antennas.

MM’s ownership and control of the infrastructure w,qs needed since i t is the foundation for

every major telecommunication and technology initiative that occurs. Whomever controls

the infr&iructure, .I has significant power over airport operations and it made good business

sense for MIA to be in this position. Based on our experience with other airports across the

nation, it is the one factor, more than anything else that can facilitate or impede an airpod

from controlljng its future destiny.

Jn April 2001, Platinum Equities acquired WCS. Platinum Equities integrated WCS with

Milgo Solutions and the two companies merged operations to form NextiraOne, LLC

.?

PSC 5276

11.

12.

13.

Case NO n Z - Z B h 8 S C.1 @.? Page 6

('Wextira") on April 3,2001. Nextira became the successor or assignee of WCS' rights and

obligations under both the ELM Agreement and the SATS Agreement.

In light of the impending deadline for renewal of the Equipment and the Service Agreement,

both ofwhich were scheduled to terminate on February 6,2002, the County decided exercise

its buyout option under the ELM Agreement and the SATS Agreement to acquire title to all

telecommunications, data network, and CUTE infrastructures, software, licenses, permits,

and other assets (collectively, the "Assets") used in the provision of telecommunications,

data network, and shared airport tenant services (collectiveIy, the "Services"). On January

29,2002, the Board approved Resolution No. R-3 1-02 authorizing payment of $6,450,000 to

Nextira for the purchase of infrastructure to be used and opffatedJy or for MDAD and

authorizing the approval and execution of a non-exclusive "Telecommunications, Data

Network, and Shared Airport Tenant Services"mancigement agreement with Nextira for an

interim two (2) year period. See Ex. E, ResoIution No. R-3 1-02

Nextira, as the previous ownerloperator of the Assets had the requisite knowledge and

experience to serve 3s interim manager of the Assets, while MDAD assessed, formulated,

and implemented its ITT systems strategy and objectives.

On March 6,2003, the Countyput forth an Advertis5Cent for Request for Proposals, RFP

No. MDAD-04-01 ("RFP"), for 3 non-exclusive agreement for the provision of

teleco&%nicatjons .. and network management services aEeement for MDAD at MIA and

the general aviation airports. See ET. F, RFP No. MDAD-04-01. Pursuant to the terms of

the RFP, the successor manager of the Assets, shall be able to furnish all labor, new

materials, tools, supplies and other i t m s required for the design, installation, maintenance,

repair, management, and operational support sentices for all ( i ) voice and data network

-

- --

C:\Dafaldsh WleadrngslJ ffida d d M a u rice Jenlins (BctL!iourh Tt lecon" nican'ons AJjidu vit).dos

PSC 5277

Case No. 02-26'6bS CA 03 Page 7.

infrastructure for MDAD, its users and tenants; and (ii) the management of SATS for the

County to tenants users at MIA.

14. Management duties for the new manager of the Assets include, but are not limited to: {a) the

provisioning of voice and data network services; (b) maintaining existing and future vorce

and data networks infrastructure equipment including operation, maintenance, repair,

monitoring and support of network devices such as routers, switches, and servers; (c)

supporting of circuits, including vendor resolutions and support of environmentds including

UPS devices for a11 switches and routers at all sites; (d) daily analysis of network

performance to research trending and troubleshooting from end point to end point to enable

quick resolution of system degradation; (e) provjding capacityplanning for all network links,

PBX switches and trunk groups; ( f ) providing an on-site Help Desk and network Operation

Center dedicated to providing uninterrupted service to Airport operations; (g) managing the

existing voice and data network infiastructures; (h) maintaining records as required by

MDAD, including but not limited to, equipment and cable plant, record keeping of work

order activity, equipment inventory, telephone number inventory, number dialing plan, key

sheets, and cable management to the Intermediate Distribution Frame level and jack level f ir

existing and new structure; (i) managing the tum-ks,, installation of new voice, data and

network services such as user training on equipment, project scheduling, appropnatc billing

to MDA6 .. and SATS customers; 0) billing user customers for sentices, and also for &e

specified equipment, including when specifically requested by appropriate work order; (k)

needs assessment; '(1) system design; (m> procurement of equipment and parts; (n>

documentation; (0) record keeping and inventory, and @) any other hnctions related to the

provisioning of these services.

OFFICE O F COUNTY AlTQPNEY, MIAMI-DADE COUNTY, FLORIDA

PSC 527%

Cuse No. 02-286SS C,4 03 Pagr 8.

15. The new manager shall also be responsible for providing, instdling and maintaining

technical systems hardware and s o b a r e associated with the management of all

telecomunicatjons ATM Gigabit Ethemet 6r ATM infiastmcture. h addition, the new

manager shall be responsible for maintaining computer hardware and software and the

database associated with the cable record systems, the New Security System Cable

Management System (after the initial contract expires with that system's provider), and any

billing system the new manager chooses to employ subject to MDAD approval. Back-ups

are required to be performed and maintained off-siteby the new manager for all key technical

systems to ensure date integrity and disaster recovery.

16. Pursuant to the terms of the RFP, the County will receive sealed proposals from qualified,

interested parties based upon the covenants and provisions of the RFP. After advertisement

of the RFP to the general public, on April 17,2003 the County received four (4) bids in

response. BellSouth is a subcontractor under one of the bids received by primary contractor

SITA, who has put together a team of seven (7) companies, SITA included, to offer managed

shared airport tenant services ('LMSATS") to MIA. In SITA's proposal, BellSouth will only

manage the voice communications activities component of the MSATS. See Ex. G, SITA

Executive Summary. Pursuant to its procurement prgcess, the County has put together an

evaluation and selection committee to review the submitted proposals and make

recoqeidations to the County Manager for negotiations and eventual award. The first

meeting of the evaluation and selection committee is set for July 31,2003.

The Services are only provided and available for MDAD and MDAD's tenants.

L

17.

18. Neither the County nor MDAD possess B Florida Public Service Commission ("FPSC")

certificate for the provision of the STS portion of the Services.

m C:IData ldski Plendingsl-tJ'ida td,\la urice Jen I ins (BelKou th RIecom munica dons AjJida vir). doc

PSC 5279

19.

20.

21.

22.

23.

24.

Casr No. U2-2SbSS C.4 03 Pas€ 9.

Orlando International Airport is another example of an STS service provider without a FPSC

certificate.

Prior to the sale of the Assets, Nextira provided STS services at MIA without a FPSC

certificate.

American Telephone and Telegraph (“AT&’I’”} provided telephone and related senices to

MIA since its inception. After deregulation and the creation of fhe regional “Bell” telephone

companies, BellSouth has provided this same service.

WorldComhiCI, SunCom, BellSouth, and AT&T are the authorized long distance providers

for MIA. MDAD pays BellSouth and the other long distanceproviders, for a11 long distance

service, and then MDAD bills MDAD’s tenants for the actual cost ofthe service, without any

mark-up.

BellSouth provides MDAD with dial tone for local seMce. WorldCom/MCJ is the local and

short-long distance provider (&om Miami to West Palm Beach) for the County pursuant to a

County contract. MDAD does not charge MDAD tenants ior Iocal service.

In addition to paying for long distance service, MDAD paps BellSouth to provide voice mail,

telephone terminal equipment, premise inside winng, local area network connectivity and

equipment, intemet access, network connectivity to tbe switched public network. dedicated

network connectivity to the work, wide-area network connectivity and yellow pages

advertiskg Representative bills from BellSouth for (i) long distance telephone service to

MDAD for MIA and the general aviation airports, MIA SATS customers, and MDAD

Management Companies, for the billing period of June 20, 2003, in the amount of

$14,278.3 I and (ii) terminal construction work to enable telephoneservices at MIA (JobNo.

?M?ZOOTIB), on Apnl30,2003 in the ameunt of$27,433.92 are attached to this affidavit as

E x . 1.

-

_ .

PSC 5280

CUJC I v r ~ 02-28655 C4 03 Page IO.

25. BeIlsouth is fkee to provide its teIephone services, and any ofthe telephone services MDAD

provides, directly to MDAD's tenants.

FURTHER AFFIANT SAYETH NAUGHT. f l

to and subscribed before me at Miami, Miami-Dade County, Florida this 2 9 day of " ~ L $ L ,2003, by

is personally known to me

Who produced identification: Type of identification

Signature of Notary Public U State of Florida at Large

~ ~~~~ ~~

Print, type or stamp name of notary public

My Commission Expires:

PSC 5281

Caw No. 02-28666 CA 03 Page 11.


I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this 29th day

of July2003, to filitcheli R. BIoomberg, Esq., Adomo & Yoss, P.A., 2601 South Bayshore Drive,

Suite 1600, Miami, Florida, 33 133; Dorian Denburg, Esq., BellSouth Corporation, 11 55 Peachtree

Street. Suite 1700, Atlanta, Georgia 30309-3610; Sharon Liebman, Esq., BellSouth

Telecommunications, Inc., 150 West Flagler Street,

D - a v l a w p ~ p r . Assistant County Attorney v

.. # - ... -

PSC 5282

ELLSOUTH

?MIS BILL.

;HARGES 81 LLED FROM DEPARTMENT IDENTI FI E4 DAi,;;

3ELLSOUTH CHARGES BtLLED FROM EARNING HUMBER 305 87l2DO1D

ADJUSTMENTS APPLIED (PAGE MONTHLY LOCAL SERVICE,

OTHER CHARGES AND CREDITS ( ITEM 5) TOTAL BILLED FROM EARNING NUMBER 305 671-0047

0 . J l 46. l a

'OTAL B ILLED FfiOM PARTMEKT IDENTIFIER DAC

> - .. . : H f i q G E S BlLtED F R O M DEPARTMEKT lDENTIFlER FlRE A U R H CHARGES BILLED F R O M EARNING NUMBER 305 W7t-0380

IELLSOUTH MONTHLY LOCAL SERVICE (ITEM 6)

TOTAL,BiLLED FROH EARNING NUMBER 305 N72-0180

OTAL BILLED F R O M DEPARTMENT IDENTIFIER FIRE ALARH 341.02

HARGES BILLED FROM DEPAR~MENT IPEWI F IER MTCE CHARGES BILLED FROM EARNING NUMBER 786 265-7596

ELLSOUTH [ ITEMS 7-91 31.57 MONTHLY LOCAL SERVTCE

OTHER CHARGES AND CRED ITS 4 tTEM HJl , O I * t TOTAL BILLED F R O M E A R N I N G NUMBER 786 265-7596 5 1 - 6 8

oT& BILLED FROM DEPARTMEtlT I DENT! F I E R MTE 51.68

H M C E S BILLED FROM DEPARTHENT IDENTIFIER P B X a H A R G G E S BILLED F R O H EARNING NUMBER 305 871-0'J'O

PSC 5283

ELLSOUTH B l L L l t J C .UMBER 305 W 9 0 - 0 0 2 7 1 4 5 B I L L I NG PER I OD JUN 20,2003 00077

BILLING NUMBER CHARGES

PAGE 3 4 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL MONTHLY LOCAL SERVICE 12 TOTAL FCC CHARGE FOR NETWORK ACCESS ** . . . . . . . . . . . . . . . . . . . . . . . . TOTAL FCC CHARGE FOR NETWORK ACCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL FEDERAL UNI YERSAL SERVlCE CHARGE . . . . . . . . . . . . . . . . . . . . . . . . TOTAL OTHER CHARGES AND CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . .

,300.62. 154.0C 807.5:

95.75 253.45

TOTAL RECURR I N G 0-C 1,115.41s DEB I T S 630.80 CRED ITS 1,746.21

TOTAL NONRECURRING OC&C 861.92 DEB I T S 861.92 CRED I TS .DO

40.0h 221.76

7 . 2 0

TOTAL ITEMIZED CALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T O T A L L O C A L U S A G E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ?432.TELECOHMUNICATlONS ACCESS SYSTEU ACT SURCHARGE * i b

VOLUME DISCOUNT

S p e c i a I S e r v i c e s

TOTAL AMOUNT OF E L I G l B L E CALLS s12.14 7U3.BUSINESS SAVER@ SERVICE .-

VOLUNE DISCOUNT AT 5.00g . . . . . . . . T o t a l C h a r g e f o r Itemized C a l l s 3 9 . 4 3

DIRECTORY ASSISTANCE .

@3b!D I RECTORY ASS I STANCE (DA) /SAGE 1637 CALLS TO LOCAL DA A T .45 &A PLUS

5 CALLS TO 555-1212 A T 1.25 EA PLUS a8 CALLS TO NATIONAL DA AT i .25 EA . .

SPECIAL SERVICES I

. . . . .

. . . - . . . .

QU IKCOMPLETE" USAGE - SUMMARY (CHARGES INCLUDED IN ITEMIZED CALLS)

93 LOCAL CALL(S) AT .30 PER CALL 27.90

. . . . . . . . . . 0.61

. . I . . 8 5 2 . 9 0

".r EMERGENCY 911 SERVICE **

1435.EMERCENCY 917 CHARGE. THIS CHARGE IS B I L L E D ON BEHALF OF DADE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115.00

'1

1, - TOTAL CURRENT CHARGES FOR BELLSOUTH . . . . . . . . . .

PSC 5284

-. r - . . .- B I L L I t J G NUMBER 305 W 9 0 - 0 0 2 7 I~~ 6 I L L I f 4 C E R I OD -1UN 20, 2 ~ 1 0 3 0 0 0 ; ~

CLUB' Service 1 4 , 2 7 0 . BO

MCI WORLDCOM 7 . 5 1 L&LL 1 L L L - b ?"EO

c --. 4 .

- t-v - 1 ~ r 1 - r

c 4 82 - -w. D I 5 4-w- - v v

ZERO PLUS D I A L I N G . I N C . 0.00 c n ~ r - , r-p - :8&4-

7f i 00

- , " 1 .

I I n ~ r i r-re t k l p LY l L L L - , - - .

e u m t r w e t d P 6 - E i W - G C n A *

- - . , I I * LO I L L I 1

TOTAL CURRENT CHARGES . . . . . . . . . . . . . . . . . . . . .

TOTAL AMOUNT DUE IN U.S. FUNDS . . . . . .

THANK YOU FOR CHOOSING BELLSOUTH. WE SINCERELY APPRECIATE YOUR BUSINESS. -- ._ p '

\

. . A.

1.' -

PSC 5285

RETURN SIGNED AUTHORIZATION AND PAYMENT TO:

BellSouth Attention: Manager Bills 250 Williams Street NW, Suite 5020 Atlanta. Georgia 30303

SERVICE DESCRIPTION: Reroute BellSouth service at Concourse C to cut it off the main tenninal building 8s related to Project 745 under Project Manager Felix PerelraS.

FOR Miami-Dade Aviation Department Attentlon: Meurice Jenkins P.O. Box 592075 Miaml, Florida 33f 59 TELEPHONE NUMBER: 305-876-7523 FAX: 305-876-0993

This letter Is BetrSouth's authorfiation to croceed with the englneehg and constnrction of facilities necessary to provide the service refened to above;

1.

2.

3.

4.

5.

6.

7.

Engineering will start upan BeNSwth's remlpt of thts authorization letter and payment at the above address.

The following amngements will be made by the customer for EeUSouth's USB as negotiated by the B I B . Conduit as requested on BlCS Des-n Package 87p-01-0905 last revised on November 11.2002.

Service wlll be scheduled for Mnpleqon w*in approrjmately 90 d e y ~ af$r: A Receipt of paymsnt and signed agreement B. Plawmenf and approval of facilities outlined In Item 2, if any.

Cancellation of this letter of authority may resldt in incured cost belng billed to tha underslgned

The special construction charge to be billed is: $31 376.37

If, in the future, R is necessary for said facilities to be re)tmted, the subscriber does hereby a p e to fully reimburse BenSouth for any and all expense($) incurred by virtue af such relocation.

, future orders for circuits &%td be referenced b thii authorization letler.

SeMce order No.* ti3 -3-s - ~ S 9 / k & & C O r h J ~ b Avthor&tion Number, 2M2200778

Case Number: 87-02-1201 Company rz? .CIA r) Date: //L?/o2 Facility Speciahst: KeMy Wen& 305-889-2823

This estimated cost is only valid for a period of ninety (90) days from the date of thls document

LWNAGER BILLS, PLEAS6 NOTIFY FACILITY SPECIAUST UPON RECEIPTBF PAYMEXT

PSC 5286

87-02-1 201 Cost Breakdown

Material .................................................................................... ..$9,095.94

Engineering ............................................................................ ..$4,672.49

Labor .................................................................................. ....,$17,607.94

Total ........................................................................................ $31,376.37

PSC 5287

1 r-v

MIAMI-DADE AVIATION DEPARTMENT n m MAURICE JENKINS PO BOX 592075 MIAM1, FL 33159

I

I Remit paymmt to: BellSauth PRO Group -Atlanta Maiaget RIIIO 250. WiItiams Streel, Suite 5000 NW Atlanta, GA 30303

Bill Number; GSC0304157 __

Billing Date: 04/30/2003

Job Number Description of Sentice I Amount

2M22007\78 REROUTE SERVlCEAT CONCOURSE AND CUST CONCOURSE C O h $27,433.92 ~ THE MAIN TERMINAL BUILDING -

a . . - If you hava bitling questions, please calf: (404) 586 -'l150 I

PSC 5288

Actual Charges for

A. PLANTLABOR 1. Distrihuted Labor 2. Mobr Vehicle 3 Other Tools And Equipment

Total Plant b b o r

B. ENGINEERING - 1. Distributed Errglneering

Total Engineering

C. PLANT IMATERIAL SUPPLIES 1. Major Plant Items 2 Lesssalvage 2 Miqor Plant Supplies 3. Material Provisioning

Total Plant and Material Supplies

D. CONTRACT BlLUNG 1. Contract Labw 2. Contract Engineering 3. C o n h d Material 4. Conbact Other

TOM contact Bitrig

E TOTALCOST

F. OVERHEAD

TOTAL COST OF WORK

0. LESS BETTERMENT

H. LESS NON-BILLIABLE

1. TOTAL AMOUNT

J. Less SUO ADJUSTMENT

K. LessatherCredits ... - . .. Balance Due

COPPER ELECfRONTlCS FBER TOTAL 0

16,114.91 396.34 329,68

16,84243

1,472.46

4,544.59 487.e

6,504.89 ,

23,347.82

4,086.10

27,433.92

27,43392

$27,433.92

- 16,114.91 - 398.34 329.68 . 16,84293

1,47246

- 4,544.59 487.84 . 6,504.84

-

-

- - 23,347.82

- 4.086.10

27,433.92

27,43332 .7

ENTEFi PERCEhTAGES TO FORMULA IN B€F%RM\nWT 8 NONBILLABLE , ADD OTHER CREDITS BESUXE TO PUT PERCENTAGES AS CREDITS FOR NONBILLABLE AND BETIERMEW e

PSC 5289

PSC 5290

IJI

17,

PSC 5291

..

3

PSC 5292

hlinmi-Dsdc Avintinii Depnrtment Customer

. - Title: Title:

-_ Dnrc: Dnk:

, - ..

PSC 5293

P6ZS 3Sd

uw 1004

rigtion Department

ackrmdedges. represents and warrants to tnF

illy and the undersigned. (a) has been deriered. installed and subjected to all necessary prg

I vag, (b) has been inspected; (c) is operating in accordance with the manufacturer's specifications ' - used or made available to be placed In service for its specifically assigned function for the iirsi

':-it; date 1ndlca:ed Below as the 'Commencement Date': and (e) was first connected to a putiltr

in a manner permitting calls to be made through the equipment to and fram the facility in w n u .

equipment subject to the Rental Agreement dated -. 2@--

.

8 - ,ocated on such Commencement Date. . L

Comrne - - r m t Duta.

Title

6

, /:

hl I A M 1- 0 A DE A L' 1 AT I ON DE PA RTM ENT Maintenance Schedule I I I

8 Tha rc ~intenance plan featumss the lollowlng services:

I Typoe 9 1 Failures:

T-i ,?!e5 repwted by the Customers wll fall into hvo categories a) Major Failures, and b) Minor Failures

a Maior Failures are those that severely impede the ability for a Cuslomer lo conducl business at the Alrojn and shalt be defined as an OCtufrenCe of any of the follswing 1 X fadure of the telephone switch, its common equipment or pauer supplies Which renders it or trim

incapable of perfwming normal funcbons fw five percent (5%) or more of t he slations or trunks

2 A failure of network components that will render over five percent (5%) of work stabons incperable

Min.x Failures are any other failures including a faltum of any ancillary equipment such a- a rntercor, circuits, paging input airangement, or any other telecommunications equipment or componant

b

2 RErsmmse and Reualr Tlmp:

Based on the trouble classification. rhe ressponse wll be in the folkwing manner' a Maor FailurF Immediate response during business hours (Monday-Fnday, 7 AM - 11 P M , Eastern

Time) and Whin m (2) hours for off hwrs (Monday-Friday. 11 P.M - 7 AM , Eastem Time. and twentf- four (24) hours a day Saturday, Sunchy. and holidays) Remedial maintenance wll begin immediately for a maJor matfunction, which may consist of remote diagnoslics during Ihe first fifteen (15) to thirty (30) minutes. after UIE? repalr notification time by t n t Customer, via the s8tvice provldef backing pr- with !he ~pDrOprli3b serbice W e t number, however if not corrected. the ~ ~ M C B provider's personnel must Bu on-slte no less than forty-fire (45) minutes during business hours and no less than two (2) hour3 durlng oll houra from the repair notiRcarion bme. Reparr work shall atart immediatety and mtinua unHI vle prablem is resolved. AH commercially reasonaortr efforts will be made to complete repairs m i n ebht (8) houn from the time the Guslomer rqJ0Itext me incident Minor failurg - R a p s o within eight (8) bVSirWSa hours. Hepairs not denned as a major falture wll begin as expdltiousty ar p s i M e . and all mmrnerctaiiy rcJwnabb3 efforts shall be mede Lo comprete repairs Whin OFM (1) business day from tha time tnr Customer report& the mckhnt Repairs may be made by a cctt%ed techn'wl personnel ebef throqh a premise visn or via ekxbonic aaaxm thrwgh tha use d a remote ma-hhanw IerrninaI Horzewr in ~ i i wses t h e must be mflmeb and be statu3 updated by the next business day by nahficetmn lo r k s e N m provkk . Response to minor 5 8 ~ 1 ~ 8 i n t e n u p h s dll Lake place within eight (8) busines hours 'Respof~f 1s quated to havlng techn'ml s u m and/or troubleshooting the problem wtnin a f o r e m c n W bmes. Note that during IJIe b"ouM8shoatMg process, tha seNiC0 provider is mrdlnabny directly w f h the C u s t m r u n ~ l Um problem Is resolved.

b

Mlacalloneuua: ,

..

- v

-

All parts and labor are included, unless the failure is due to abuse or misuse of the equipment or facifrtie:

Preventme maintenawe routines am included. Utl!lry coordinalion with the focal t e l e m e cwnpany and other m m m carrters are provided Conwltaiion ~ C B S on the Customer's sy5lem are included. User tralnlng (bayond that provided in SK;Uon 8 of the Agreement) i5 optional, and at an ddibmal cost

Traffic shdres to determlne adquato system uhleatiw, (rrot to exceed tw (2) annual Custamer reqqucsfpl shvdres) ate tncllded.

7

PSC 5296

. - -. - - . . .

I i r- - - ; ! .

........ ............

Ill . . . . . . . . . . . . . . . . ._ .......... - -. . __ .. ......... - ........... .- . ._ I

......... - . -

................. -

l l \

--- . . . . .............. - I - -

_ _ ...

PSC 5297

SATS CUSTOMER LIST AS OF 2/03 * AIRLINES GOVERNMENT AGENCJES CONCESSlONSlOTHERS MANAGEMENT COMPANIES

CENTER FOR DISEASE ACES GROUP CONTROL

AEROMWICO TRI-COUNTY COMMUTER RAIL

AEROPOSTAL us CUSTOMS USDA. APHIS AIR FRANCE

AIR J A MAICS

AIR TRAN

ALASKAN AIRLINES

AILIERICAN AIRLINES

ASERCA AIRLINES

ATLAS AIR

AVIANCA

BRlnSH AIRWAYS

COMMODORE AVIATION

CONTINENTAL AIRLINES

COPA

C YBER EXPRESS

AIRPORT PARKING ASSOCIATES 4DT (MEYERS)

AS1 BAGGAGE AVIATION CLUB B ASIG, MIAMI INC AVIATION CLUB F

AT6T WIRELESS CLUE AMERICA NVOV

CAFE VERSAIUES HOTEL

CARRIES IC€ CREAhl N U 1 ENTERPRISES

COMWJNITEL NFL hfANAGEhiEM

DATO ELECTRIC

GLOBAL MlAMl JOINT VENTURE

GUAVA 1 JAVA

HMS HOST TERMINAL REXALL

lMERh4EDlA CObfh4UNICATIONS TOP OF THE PORT

MATRIX SYSTEMS UNICO

MlAh41 DUTY FREE

SIRGANY BENCOMO

SITA

MIAMI INTERNATIONAL AIRPORT

UVALITY AIRCRAFT (SKYCA PSI

SHUl7LE SERVICES

SIRGAN V CENTURY

VISTA ELDG MANAGEMENT

DUTCH GhRtBEEAN AlRLiNES

EVERGREEN AVIATION

ShMR7E CARTE

UNDERGROUND CONSTRUCnON

,UEXICANA I I P O U R AIR CARGO

SWISS AIR

TACA i N r L

TAMPA AIRLINES

UNITED AIRLINES

VARIG

i ARGIN ATLANTIC

FLAGSHIP AfRUNES

GULFSTREAM AIRLINES

BST3507

WORLOWDE CONCESSIONS

WORLDWIDE FLIGHT SERVlCES

JCOIOJ - 9 57 AM l o r 1

PSC 5298

Eahibit 6 SATS Alrpori Rental m a CUTE Agreements

Abatis Inlwbatiopal A c e s . CUTE 6 UOiCe AD1 Securities AeroMeriCo ?+erapost# - CI f lE b V O I ~ Air France - CUTE Av Jamaica Air Tran Airways American 4irlmes .CUTE d voice ASI Baggage ASIC Miami Inc Aselca Airliner Allas Air AT6T

Bntish Ainways . CUTE & M i c e Cafe Versailks Carne Icecream Shop centerr for Dsease ConIfOl (Snilo Rodrquer 6Wa Bnght Acdllons Commodwe Auation Communrtel ConllMnlal hrlnes COP^ A CUTE Cyber Express &ergteen Intemanonal nagstup (Amen- Eagle1 Gray Constwchon Gulhheam Airhes Host Mamon IC1 Lan C h h . CUTE Manin Air. CUTE 6 VOlCe

hlerlcana

AYlaflO . CUTE b Voice

Miarm k r p o ~ Wy Free Join1 Venture M&ay krlmes National Airliner Polar b iwgany b n c o m a s~la C m u n i c a l a n s Smarte Cane SwlfS pur Taca lntemaliona unuerground ConslmUUn U n M Airlims USDA - Caqo

uSOA. Terminal USOA . Operalion:

USDA * Netwon

USOA.Bd9 100 USOA. e m 701 vang Bras1 - CUTE Vtrgin Atlantic. CUTE wcddwde Concessions W m d e Flighl SeMCP5

Hew COtllnCb

0 t z : c a -AD1

I 1 2 3 4 J

6 7 8 9 10 11 12 13 14 15 16 I ? 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 24 35 36 37 38 39 A 0 4 1 42 A 3 44 45 46 47 A B 49 50 51 52 53 9 55

1 1

PLAINTIFF'S EXHIBIT

MJI I\,

PSC 5299

PSC 5300

PS

C 5301

PS

C 5302

PS

C 5303

PS

C 5304

PSC 5305

PS

C 5306

PS

C 5307

PSC

5308

PSC

5309

8

PSC 5310

LLES

3S

d

I

I I I I I I I

I

I I I * I I

I I

I I

1 I

I I

I I

I I I I

I

I I

I I I I I I

I I I

L:

. "

New pricing for MDAD STS Customers - 9/30/02

VOICE LINE COST

Purchase Assumptions Common equipment is estimated. IPE equipment can accomodate 256 digital or analog telephone lines. Eighty percent (80Y0) of capacity will be utilized which equates to 204 lines.

MDm cost

1 IPE 16 DLC 1 Superloop Common Equipment

Total for max 256 lines = Installation Labor

Total Equiument Cost

Interest Carrying Cost

5 yr maintenance cost

15% Profit

Total 5 year costs

Voice Line Charge Per Month

$ 2,812 S 25,696 $ 1,640 $15.000

$45,148 $19.584 11.5 hrs per line times $51 pet hour)

$64,732

$ 9,778

$24,480 (2.00 per port per month)

$14.848

u . 8 3 8

$ 9.30 (Total / 60 months / 204 tines)

BS V. MDC(1) 000361

PSC 531 2

‘ b .

PHONE SET COST

Purchase Assumptions Pricing is for digital sets only. When and if VoIP sets become an issue, pricing will be developed for those sets.

set charges

M3 905 (replace 26 1 6) $ 361 Labor $ 102(2hrspersettimes%51 perhr)

Total Equipment Cost $ 463

Lnterest Carrying Cost $ 100

5 yr maintenance cost $ 27 (45 per month)

15% Profit $ 89

Total 5 year costs $ 679

Monthly 3904 Set Charge $ 11.32 (Total I60 months) (33133 per month)

Other Sets MonthIY Char-

WOO6 $ 89 $ 2.79 - COST MONTHLY CHARGE

M%OS $115 .$ 3.60

M O O 8 Display $230 $ 7.21

moo8 HF $158 s 495

W O O S Display HF $256 $ 8.02

M2317

A42616

$410

$263

M26 16 Display $ 3 5 5

m901 $ 53

$12.84

$ 8.24

$11.12

$ 1.66

h43902 $ 108 $ 3.38

M3903 s 220 S 6.89

BS V. MDC(1) 000362

PSC 531 3

NETWORK ACCESS COST

Purchase Assumptions Common equipment is estimated. Network equipment can accomodate 10 PRIs or T-1 Eighty percent (80%) of capacity will be utilized which equates to 184 trunks.

MDAD cost

1 Network Shelf $ 4,352 5 Dual Port PRI $26,950

Common Equipment $ 15.000 1 superloop $ 1,640

Total for max 230 trunks = $47,942 InstaIlation Labor $23.460 (2.0 hrs pertrunk times $51 per hour)

Total Equipment Cost $ 71,402

Interest Carrying Cost $10,785

5 yr maintenance cost $24,480 (3.00 per port per month)

Local Line Cost $60,000 (Based on $500 per month per PRI)

15% Pro& $25,000

Total 5 year costs $191.667

Voice Line Charge $ 15.66 (Total / 60 months / 204 lines) Per Month

Voice Line Charge $ 17.22 (Total / 60 months / 204 lines) With featam Per Month

5 Voice Line Charge $ 29.27 (Total / 60 months / 204 lines) With Features Per Month

Bs V. MDC(1) 000363

PSC 5314

. ,

DATA PORT COST

Purchase Assumptions Network equipment will be priced as new. Some existing equipment is manufacturer discontinued. "his configuration can support256 10/100 ports, 4 GBIC Ports and 8 ATM OC-3 Ports. Total users ports equals 260. Eighty percent (80%) of capacity wiII be utilized which equates to 208 ports,

MDAD cost

1 Passport 8010

1 8672 ATME 2 Slot MDA 4 8648TXE 48 Port 10/100 2 8632TXE 32 10/100 TX 1 8600 Routing Software 1 8691 SF Switch Module 3 8001PS Power Supply 1 Misc Items

2 8600 4 port OC-3 .% 5,596 $11,893 $13,997 $44,786 $21,693

$ 10,496 $ 3,140 $ 916

!J 3,497

Total formax260ports= $116,014 Installation Labor $ 23.460 (2.5 hrs per port times $75 per hour)

Total E&uiument Cost $164,764

Interest Carrying Cost S 24,887

5 yr maintenance cost $58,007 (10% per year)

15% Profit $37-148

Total 5 year costs %284.806

Data Port Charge $ 22 82 (Total / 60 months / 208 ports) Per Month

BS V. MDC(1) 000364

PSC 5315

Ult # Part Dtscdptlon QTY Palis Supported

Typ1cal.h Uflllratlon

Part Number NudlnOno Prla to Cost MDAP

Entended Extended Prla Extend Prlcs Prke to MDAD % Utlllzatlon 80% ObJccUVc

1) Copper Dlr t r~u l lon Cable {per palr, per end) [volcel Homam Frame 1 ZOM) 66 block 1 50

1 50 brackets Total

19' Rack 1 48 Pucver Slnp - 8 outlet n c k mwnt 1 48

Total

2) Flber Dlstrlbutlon K I

50% 100% 100%

5OM.2OOOWL 448.79 560.85 R66M1-50 3.80 4 . u 5898 0.7s 0.w

560.95 280 48 4.88 4"

286.30 0.84 o e4

226.04

638.07

100% 1009c

RSZ-07 385.07 481.34 190514 15300 191.76

481.34 481 34 lW.25 181 26

672.69

3) Statlon Cable: Slngle Run Cat 3 [volcq Dual Fece Plate 1 Dud CDvm 1 RJll wnneclor 1 Jack STL Universal Wall BOY 1 Level 3 cable (4 palr. ZOMl) 1 Wmck 1 Power StIlp - 8 outlet rack mount 1 68 block 1 bmchels 1 Total

4) Stallon Cable: Slngle Run Cat 8 [data] Dual Feco Plnlo 1 RJ45 connector 1 Dusl cover 1 Jack STL Unlvsrwl Wall Eor 1 Level 5 cable (4 palr. 2OOll) 1 19" rack 1 Punwr Slrlp - 8 oullet rack mwnt 1 48 pod pakh pMd I cat 5 patchcords (7R) 48 Tot81

103% 100% 100% 100% 1W% 26% 1 0 m 100% 100%

M12AP-262 M20AP-262 MIBH-H-262 630ACb-44 20122w RS2-07 190574 R66Ml-60 s a w

1.18 0.12 2.60 2.37

10.00 581.07 1Q.W 3.00 0.76

I 4 5 0.15 3.33

12.60 481.34 191.29

4.w O B 4

2.9s

4 4 d 4 4

2000 2000 50 so

I A5 146 0.15 0.15 3 33 3 33 2.96 296

12.50 12.60 481.34 120 34 19125 181 25

4.88 4 oa 0 04 0 84

387.80 270.24

4 4 4 4 4 :wo 20w

48 48

10096 100% 100% iow6 100% 25% 1W% 100% 100%

MI 2m-262 MPS IQOQH1-262 MZOAP-262 W C 6.44 2015855C RSZ-07 190574 OR-851004912 AT1507802i

1.18 14s 4.84 580 0.12 0.15

28.00 32.50 JL15.07 481.34 153.00 191.25 192.00 240W

2.34 283

237 2.95

i 45 1 45

0.15 0,lS 2.86 2 96

32.50 32 50 48 1.34 120 34 181.25 181 25 240.00 240 00 140.64 140 64

796.09

5.80 s ao

688.07

6) Statlon Cable: Dual Run Cat 3 i3 Cat 6 [volct h data] Ounl Face Plate 1 8 RJ45 conrmctor 1 8 RJtl connector 1 8 Jack STL Unlvetsal Wall Bm 1 4 Level 6 cable (4 palr, 20OR) 1 4 Level 3 cable (4 pair, 20011) 1 4 19' mok 1 2000 Power Slrlp - 8 outlat rack mounl 1 2000 48 port patch pard 1 48 cat 5 patchcords ( 7 ) 48 46 65 block 1 60 brsckels 1 50

rotai

lW9b 100% 100% 100% 60% 50% 26%

100% 1Qo9c 1W% lW%

imw

M I W - 2 6 2 MPS 1 WBHl -262 MlBH-H-262 63OACb-44 2015M6C 2012200C RS2-00) 19os74 OR-Bhi1004Ql2 AT15078Cwf R66M1-60 S898

1.16 4.84 2.66 2.3r

26.W 10.00

385.07 1" 192Do 2.34 3.80 0.75

1.45 6.40 3.33 2.88 32.60 12.60

481.34 191.26 240.W

2.93 4.88 0.84

1.45 145 6.80 5 au 3.33 3 33 2.96 2 96

32.60 46 26 12.50 6 25

481 34 120.34

240.00 240 OD 140.64 140 64

4.88 4.88 0.94 0.94

734.09

101.26 l e i .26

0 - 0 0 E W

i Q)

e

Information Systems I Telecommunications MIAMI-DAD€ AVIATION DEPARTMENT

XYZ Airlines Vcwe Proposal

OercnpbMl

I Swltch Access

Mendian One Port Advanced Features (Conlereme Calling. Speed Calbng. Etc )

NeWarh Access

Single Line L-1 Ne-h Access Rulary Key System Accesi Nchnuk Access T-1 )Jetwork lnierface

System - Terminal Equipment

M2OOR Digital Phone (Ash) MI008 WlDlSplay M2008HF Lhgilal Phom ( k h ) M20OBHF D J ~ M Phone WlDisplay (Ark) Key Lamp Module WIFmlrland M2616 Digital Phone (Ash) M2616 Digital Phone with Oedw ( k h t 500 Analog sst M3901 Basic Digital Phone - I Line M3902 Basc Re1 3 Digital Phme - 2 h e M3903 Enhanced Re1 3 Digital Phone - 3 Line M3904 Professonsl Re1 3 M e - 5 Lme M3905 Call Center Re1 3 Fhwe - 4 Une Tek strpbe or Loud B d

System - Other

Voica Marl Box Authorization Code Level 3 Cable Ifdodem, Clock, or Fax Programmtng) Elhcrnel Port 10 BaseT Level 5 Caale Black Fllled Copper Cable per pair fed One Stand fool of Fiber Fiber Termination ST Cmnector Fiber Palch Panel

Sub-TOtal Less Discount ( d appllcabk) Cable 8 Conduit [if applicable) Servlae Ordercharge

Total

- pty - 0 0

0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 n 0 0 0 0 0

0 -

$12 00 $5 GO

$18 GO 529 GO $49 00

f l32 (10

$7 59 $11.62

914 12 $5 63

$16.94 917 94

91 75 53 40 55 96

$17 9.3 $17 w $6,S2

sa 76

$11 oa

$5 00 $1 00 $1 00 $60 00 52 32 $0 005 SO 015

$3 56 NIA

$0 00 50 00

so 00

so 00 sa 00

sa 00

so 00 sow SO Do $0 00 so 00 so 00 $0 00 so 00 $0 w so 00 so w $000 $0 00 SOW

sow so 00 so no 5000 so 00 so 00 s0,oo SO 00 soOD

so 00

$50 00 55 00

$50 00 $50 00 $50 00

$E00 00

$100 00 $100 00 5100 00 $100 00 $75 00

$100 00 $100.00 $100 00 $100 00 SI0000 $100 00 StMloa $10000 5 1 DO*OO

$25 oc $25 oc $50 OC sa00 00

Per Quote Per Quote Per Quote

SlOO oc 525 OC

$50 O t

P

mended Install P

$0 00 I O 00

so 00 $0 00 5000 $0 00

$0 00 sa 00 $0 00 so 00 so 00 $0 00 $0 00 $0 00 m,oo 50 00 $0 00 80 00 $0 00 50.w

a000 so 00 so 00 $0 00 $0 00 Bo 00 $0 00 so oa

PO 00

m $0 00 -

Cusbmer Approval Signalwe (L Date

Notes'

Prepdred b y NwhraOne, u c 2 1303

EXHIBIT

BS V. MDC(1) 000317

PSC 5317

From: Sent: TO: cc. Subject:

Howard Werner Thursday, March 14,2002 9:59 AM Leonard Stout: Maurice Jenkins; Pedro Garcia Kenrick Kautz RE: Future Shared Tenant Services Estimates.

Locks almost too good. TO car ry t h i s one s t e p fur ther you might want t o document the assumptions f o r t h e “Estimated Future .” I would suggest using t h ree bands. One being optomist ic , two being best guess, and the t h i r d being, of course, p e s s i m i s t i c est imate . I w o u l d follow t h i s wi th a series of char t s with projected revenue on the y axis and the ‘sales estimates“ en the x axis. This would graphical ly show the potential bandwidths of revenue.

----- Original Message----- From! Leonard Stou t Sent: Wednesday, March 13 , 2002 4:20 PM To: Maurice Jenkins; H o w a r d Werner; Pedro Garcia Cc: Kenrick Kautz Sublect: Future Shared Tenant Services Estimates.

Maurice. I think you w i l l like t h e numbers i n t h i s spreadsheet. ETextiraOne is about $2,173,000 per year. Future estimates total $15 ,064 ,000 per year a t present NextiraOne r a t e s . I would think tha t these l e v e l s could be achieved by the end of t h e present CIP construct ion schedule.

I think w e should r e c a s t Mario’s CUTE document i n t o a Shared Tenant Services repor t and include this table in the repor t . then transmit via Bobbie t o t h e Director .

Present STS via

L e t m e know what you w a n t done with regards t o the above. Regards, Len Stout

1

BS V. MDC(1) 000218

PSC 5318

HETROPOLrTAN DADE COUNTY HIAHL INfERNATIaNAL AIRPORT (“dzf P.O. BOX 692616 HIAHIP FLORIDA 35159 INVOICE

TOTAL FOR THrS LNVOrCE - - - - -

i 0

;

! I

I-

I

PSC 5319

. . . - AV IkT I: ON DEARTMENT' METROPOLITAH DAD€ COUNTY MIAMI INTERNATIONAL AIRPORT P-0, BOX 592616 M I A H I , FLORIDA 33159

INVOICE

5 / 0 1 / 0 2 - 0 5 / 3 l f 0 2 HISC CHARGE HONTHLY RENTAL F O R TELE AND ItAINTEHAHCE AT H I A COHHUHICATIOH FULSEP

STATE SALES TAX HISC CHARGE

TOTAL FOR THIS INVOICE - -

B s v w C t 1 ) 000369

PSC 5320

4

Mlaml-Dad@ Aviation Department (SATS Standardized Bllllng Form) Record #; Prepared By. Telephone #. lnvdce Me: 6/14/02

Customer ID: e Input By:

Bltllng Perlad: 5\1-5131/02

261 -- -

Company Name: Phone Number. Contact Flrsl Name: tnvoice t/ I

Usage Code Amount

$85.75

$0.00

- - $o.oo

$0.00 I_

lolal $85.75

Explanahon:

A T A C H COPY OF SCHEDULE E SUMMARY.

I Contract fnvofce

Monthly rental for telephone & mainfenance at MIA Coverage: Fullsew

Billing period from 511-5/31/02

Long Distance: $0.00 Rental Monthly: $85.75

a n Meridian One Port 4 Single Line Access 2 2500 Set I

I N STALLATION

Unit Rental Extended Rental Discounted Total

$1 2.00 $48.00

$1.75 $1 -75 $1 8.00 $36.00

$0.00

- If you have any questions regarding the summary of charges provided by NextiraOne, please contact (305) 869-8523. -.

I

I

Miaml-Dade County Avlatlon Department (SATS Standardized Bllling Form)

I - R e d # ' . Prepared By: Telephone #: 3/29/02 Date

1305) 869-8523 23 Tdennis Input Bv- Contact Name:

Cuslwner 'Dm I I ! Company Name!

Phone Number.

i f

Usage Code

NerRen I i I 1

Amount

5688,19

$1.40 - 5o.00 $0.00 -

I

Total; Explanallon:

"'Please attach Sdredule E summary, W detail.

$689.59 -

1 L CY 1 s 0

f 8 00 4 ;

lnvolce W:

E I I

c . - Contract Invoice

' Billing period from Monthly rental for telephone & maintenance at MIA

Long Distance: Rental Monthly:

1 Coverage: Fullserv

I ' Meridian One Port Advanced Features (Call Wtg. Conf. Calling,) Simle Line Access Rotary System Access Network Access M2008HFD M2008D M2008B Dual Line Analog Phone Voice Mail Authorization Code Level 3 Station Cable (for Fax, Modem, Clock)

INSTALLATION

2/7 /02-3/6/02

$1.40 $688.1 9

QN 28 4 5 3 2 3 3 2 3 5 2 6

Unit Rental $1 2.00 $5.00

$1 8.00 $29.00 $49.00 $14.12 $1 1.62 $7.59 $2.75 $5.00 $1 .oo $1 .oo

Extended Rental $336.00 $20.00 $90.00 $87.00 $98.00 $42.36 $34.86 $15.18

$8.25 $25.00 $2.00 $6.00

$0.00

Dlrcounlad Total

$302.40 $1 8.00 $81 .OO $78.30 $88.20 $38.12 $31.37 $1 3.66 $7.43

$22.50 $1.80 $5.40

a

Miami lntemational Airport STS Detail

SMDR-DateTTime is belwaeh 02/07/2002 0O:OO and 03/06/2002 2359 (Inclusive)

0ate"e ,Duration Charge Digits Dialed City State CallType AuthCd

2 0 0 W 1 8 1215:OO 00:00:10 81.40 305-555-1212 INFORMATION FL INFO . Total8 QQ:QQ'10 $1.40

--.----- ---I-- -___. - _--_---._.---_ --. ------- -------

Run by kalbano Printed on 3/14/02 at 7:37:05 Ah4 lnfoltel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 21

.a ., Miami-Dade Aviation Department (SATS Standardized Billing Form)

Recad w: 8

Telephone #I P m v d By: Tdennb (305) 869-8523

tompan). Nunc: Contact Fint Name: PhoncNumben I I

Wage Code Amount

- " e n $5,960.75

Total $6.060.75 Explanadon:

* *Please attach copier of CSO, quote, Schedule E summary co invoke repair fo MlAACKB062-ATB~eported rlbbon keeps breaking. User dld not have t lek several messages to provide user over the phone service, but user would not re

i

I

,

MiamEDads County AvIation Llepartment (SATS Standardked Bltllng Fbm) BNfingPerod Record 1: : Prepared By: Telephone # 3/26/02 %!e

Customer ID'- 15 * Tdennis (305) 869-8523 lnout Bv:

-

"toanv Name: . .

BllllnB Addre53

Contad Name:

- Phone Number:

UsoQe Code

NexRep

NerRen -

Amount s100.00

55,960.75

$0.00

E

- -

$6.060.75 Total: Explanation:

"'please attach cop185 of CSO. quote. Schedule E summry to lmrolce

Repal[ 10 MIAACKB062-Am- reported ribbar keeps breaking. User dld not have the levet down and ribbon Wdp not Insetied propefly

Len s m d messages lo provide user over the phone sewice. but user would not mum call.. quote STSO203~1OO.W

Page 1 of 2

I '- Contract 1.. .oice

Billing period from 2/7102-3/6/02 Monthly rental for maintenance at MIA Coverage: Cuteserv

Rental Monthly: $5,960.75 Long Distance: $0.00

Common Area CORE Fee Back Office CUTE CORE Fee Meridian one port Single Llne Local Nelwork Acess Common Area IER 557A ATB2 P Common Area IER 51 2 Bag Tag Common Area IER 627 Boarding Common Area CUTE Cllent S o h Common Area ATE SITA CUTE F Cammon Area SITA CUTE Firmw Common Area Ofice Document P Common Area Workstations (MM Common Area Ethernet Port 10 B Back Oftice IER 657A AT82 Prln slTA CUTE Ctient Software ATB SITA CUTE Firmware Ucen Back Oftice Document Printer Ethernet Port 10 Bast? T M2500 Phone

QN 15 1 2 I 11 I1 2 15 11 11 1 15 15 1 2 1 1 1 1

INSTALLATION 1387746 Billable Repair-user error

Unlt Rental $25.00 $25.00 $1 2.00 $1 8.00

$140.00 $57.00

$125.00 $0.00 $0.00 $0.00

$25.00 $130.00 $60.00

$140.00 $0.00 $0.00 $25.00 $60.00 $1.75

Ex(onded Rental Discounted Total

$375.00 . $25.00

$24.00 $1 8.00

$1,540.00 $627.00 $250.00

$0.00 $0.00 $0.00

$25.00 $1.950.00 ' $900.00

$140.00 $0.00 $0.00 $25.00 $60.00 $1.75

$1 00.00

i

- , - I Originjror ' I

,

Stqek Location

_I

PSC 5329

I l P O N 02-028STS

950.00 $50.00

I Description

$50.01

E

i) Switch Access

2) Network Access

3) System - Termlnal Equipmept

4) System - Other I

. Pnnter Repair , . Servlce Order Charge SubTotal

I 1

I

Rental

NIA NIA

H ---- Total I

Quote #STSO20325

I Hollv Klaltv - Nat6nal&counts Sales Support Consultant

Rental -- Install Install I

I Sioo.0

7.

---

Notes: 1. Quote subject to the terms of the Airport Rental Agreement 2 Billable service ticket for printer repairs.

03125102

BS V. MDC(1) 008653

PSC 5330

4 c

1 - Miami-Dade Aviation Department (SATS standardized Billing Form)

lnwb Date: 9/1 812002 BUnng Period a/1an1mz Record f i Prrtpand eY: TllaphMla 8:

448 TRACY (3051 869-8523 L

Input W. CuslomerlD - : Company Name

- - Billing Address-

Usage Code

Contad flnt Nams

Amount

$204.76

z!z4z $o.oo

X!m

Total $207.23 Explanallon.

Attach Schedule E summaw. UD detail. CSO ‘s. as,reauired

’ 5. .-

I . ~b

W v) 0

- Contract Invoice

Monthly rental for telephone & maintenance at MIA Coverage: Fullserv

Billing period from 8/1-813 1102

Long Distance: $0.00 Rental Monthly:, $385.38

Meridian One Port QTY

9 Advanced Features (Call Wtg. etc.) 4 Slngle Line Local Network Access 4 Companion Network Access 5 2500 Set 2 Companion Phones C3050 5 Level 3 Cables 2

INSTALLATION

Unit Rontal

$1 2.00 $6.00

$1 8.00 $29.00 $1.75

$15.54 $1 .oo

Exlonded Rmntal

$108.00 $20.00 $72.00

$1 45.00 $3.50

$77.70 $2.00

Dbcounted Tobl $97.20 $1 8.00 $64.80

$1 30.50 $3.15 $69.93 $1.80

$0.00

i

I

!

i

1

3: n

-.L

h)

0 VI w If you have any questions regarding the summary of charges provided by Nextinone, please contact (305) 869-8523.

r *

Mi&ni-&de Aviation Department (SATS Standardized Bllllng Fdrm) I

Blnng Perlod: 3/7416102 R d t P m p d By: Telephone k

1305) 869-8523 lnvdce Dater 4/19102 ' -1 127 Tdennk

Customer I

I Company Name: I

I .

Rilllna Address: I

Input By;

Contact Flnl Name: Phone Number. u - -+, I

UsegeCode 1 AmDunl

Nexren 1 $1,003.16 I

Newlng I

I

i $624.10

$0.00 - I - $0.00

I i

Tobl I $1,627.26 I

ExplanaUon:

Attach copies of Schedule E summary, UD to invoke I 1 I I I I I I

I I I

i

I I I 9 I

? I

I 1 I

i5 -0 - - -L

- %

1 %

W w

Q 0 0

i I 1

i I

I

i !

I

I i

I I

i

I

I

-. ,itling period from I 3/7/02-4/6/02

1

Monthly rental for tjlephone & maintenance at MIA Coverage: Fullsew1 Long Distance: I $624.1 0 Rental Monthly: I $1,003.16

I ; QlY 36 Meridian One Port I

Advanced Features (Cab Wtg. etc.. 13 Single Line Access I 1 Rotary System Access 1 Network Access I 6 M2008 Digital Phone ; 1 M2616 DlgRai Phone wih Display 12 2500 Set, (ext. 3206) : 1 Voice Mail 6 Authorization Code I 0 Level 3 Cable (Modem, plock, or F 14

I - INSTALLATION I

I

I I I I

I

I I

I

I

I

I I

I I I I

I I

I I I I I I

Uhlt Rental $12.00 $5.00

$1 8.00 $29.00 $49.00 $7.59

$17.94 $1.75 $5.00 $1 .oo $1 .oo

Extended Rental $432.00 $65.00 $1 8.00 $29.00

$294.00 $7.59

$21 5.28 $1.75 $30.00 $8.00

$1 4.00

Dlscounted Rental

$388.80 $58.50 $16.20 $26.1 0

$264.60 $6.83

$1 93.75 $1.58 $27.00 $7.20

$12.60

$0.00

Miami International Airport STS Detail

SMDR-Datemme is within the last 1 Month(s)-Abs

Totals 00:31:16 $41.48

Run by kalbano Printed on 4/1/02 at 8i09.06 Ah4 lnfortel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 2

( .

PSC 5335

lvliami lnlernational Airporl STS Detail

SMDR-DateTTime is within the last 1 Month(s)-Abs

Division: Departm

2002103107 09:lO;OO 00:0220 2002103/07 0949:oO 00:00:10

2002i03/08 11:2200 00:01:08 2002H33JOB 11:33:00 00:OSl B 2002/03/06 11:34:00 00:02;38 2002(03/08 12;05.00 00r10.28 2002/03/08 12:37:00 0090:50 2002(03108 1238: 00 00:00:12 2002/03/08 12:39;00 00:01:42 2002/03108 15:1900 00:03:02 2ooao31oa i6: i 5:oo oo:oi:54 2002/03/08 17.11:oo 00;0212 2002103109 11:1200 00:0532 20(3~103to~ i6:07:00 00:01*12 2002lOY09 161O:OO 00:03:06 2002/03/09 16:32:00 00:00:12 200203/09 633:OO 00:04!22 200Y03/09 17:42:00 00.00.56

200%'03/09 18:33:00 00:00:26 2002/03/09 19.18;OO 00:00:40 20002'03/09 20:59;00 00.01.3s 2002/Q3/09 21 :01:00 00:00:26 2002/03/t0 13:04:00 00:07.32 2002~03/11 10.22:oo 00:02.38 200Z/03/11 11!29:00 00:00:44 2002/03111 11:31:00 00:09:56 2002/03/11 11:55:00 00;M:W 200203It1 11:57:M) 00:02:46 2002&3/11 11:50:00 00:04:04 2002/03/11 161O:OO 00.03.30 200210312 09:27:00 00:02:26 2002/03/12 0927:OO 00:02:06 2002103i12 09;59:00 oa:ai:to 2(102/03/12 10.02.00 00.02:00 2002/w/12 10:54:00 00:00:46 2002103/72 10 57.00 00'01:22 2002/03/12 11:OO.OO 00:01:48 2002/03/12 11:26:00 00:00:32 2002/03/12 11.29'00 00:04*12

2002103107 10:0600 00:04!!8

2002;03109 1 a:23:00 00:34:00

$0.16 $0.03 $3 50 $1.40 $0 33 $2.10 $7.70 $0.06 $0 02 $0.1 1 $0.47 $0.12 $2.10 $4.20 $1,40 $2.00 $0.70 $3 50 $0.07 $2.21 $0.03 $0.05 $0.10 $0.03 $5 60 $2.10 $0.05 $0.65 $0.06 $0.10 $3.50 $0.23 $0. t 6 $2.10 $ 7 . 4 0 $0.13 $0.70 $1 40 $0.12 $0.70 $3 50

Run by halbano Prinled on 47/02 at 8:09:06 AM bfortel NT Reports, Capyright 1997 IS! ItJFORTEn

Page 3

201-854-9378 UNION CITY 767-295-201 3

011-5743605087 COLOMBIA O f 1-5745622890 COLOMBIA

01 1-5745360410 COLOMBIA 01 1-5743605091 COLOMBIA

404-71 5-3669 ATLANTA 404545.8627 ATLANTA

787-791-0095 lStA VERDE 201.869-5745 UNION cm

561-248-4343 W PALM ECH

404-545-a627 ATLANTA

01 1-5726663314 COLOMBIA 01 1-5714148092 COLOMBIA 011-571413551 1 COLOMBIA 01 1-571413551 1 COLOMBIA

01 1.5725569115 COLOMBIA 01 i-mxii a865 COLOMBIA

718-9654017 BKLYN NYC 903-451-9992 PAYNE SPGS

718-425-5563 OUEENS NYC 505.988-5531 SANTA FE 505-988-1 546 SANTA FE

561-845-471 7 W PALM BCH


815-964464-3 ROCKFORD 815-885-4214 ROCKCUT 202-366-3383 WASHINGTON 410-540-7155 ELKRIDGE

01 1-5763360027 COLOMBIA 2 10-224-2749 S ANAMONlO 415-977-2956 SAN FFTAN

01 1-5743605165 COLOMBIA O i 1.5745622909 COLOMBIA

770-396-2922 CHAMBLEE 01 1-5745622909 COLOMBIA 01 1.5745822909 COLOMBIA

647-318-6161 PARK RIDGE OI 1-5743617271 COLOMEUA

--. -.--- NJ LD

1 N n 1NlL IKn

INTL INTL

FL LD

GA LO GA LD G A L D PR INTL NJ LD

I NTL IML IKn INTL INTL INTL

NY LD TX LD FL LO NY LD NM LD NM LD

I NTL INTL

IL LO IL LD DC LD MD LO

TX LD CA LD

INTL

I N n INTL

INTL INTL

IMZ.

GA u3

IL LD

-I.-

426987

456398

456398 491278

417417 417417 417417 452678 426967 426987 491278 491278 426907 426987

49 1278 49 1 278 426987 426987 491278 491278

426987 426987 426987 62678 426987 426987 426987 456398 456398 426987 456398 426987 426987 456398 426987

426987

426987

426987 i'

611 1-5743617271 COLOMBIA INTL 426987

BS V. MDC(1) 009358

_ _ _ _ _ . .-____-_ _ _ , - __-.. - - - .---- ------.I_-.-.-..------ :--- @ PSC 5336

Division:

Miami lnlernational Airport STS Detail

SMDR-Date,'Time 1s wthm the last 1 Month(@-Pbs

2002/03/12 11:34:00 00:05:02 2 0 0 W 1 2 12:16:00 0000:34 2002/03/12 12:41;00 0009:22 2002/03/12 14:43;00 00.02.10 2002103/12 1448:OO 00:00:40 2002J03112 14:40:00 00:00:34 2002/03/12 16:37:00 00:08.06 200210Y13 104O:OO 00:0236 2002103/13 10:56:00 0O:Ol:lO 2002/03/13 1 2:06: 00 00;03 t 8 2002/03/13 12:36:00 0001:28 2002103113 t3:45:00 00:09:04 200ZOW13 14:1B.00 00.01:48 2002/03/13 1521:OO W:01:06 2002/03/13 15:24.00 W00:48 2002103/13 16:48:00 W:01:04 2002/03/13 173600 0011:28 2002103l14 7 19500 0Os08:16 2002103f14 11.55:OO 00:0210 2002/03/14 1 3 19:OO 0004:04 2052/03/15 1208:OO 00 1222 2002/03/15 123090 000236 2002/03/15 1 2 W O O 040036 2002/03/15 13:30:00 00:00:26 2002l03115 1349:OO 00:01:26 2002103/15 15:05.00 00.OO:tZ 2002/03/15 1 S43:OO WOO94 2002103/15 f Sr43:OO 00:00:24 2002/03/15 16:29:OO 0&03:14 2002103/15 1632:OO OQ00:16 2002103/15 16:35# O(X'01:14 200a0315 16.51 .OO 00:06:32 2002/03/15 17:13:00 0O:OO:bt 2002/03/16 11:08-00 0002'14 2002/03/16 11.1 1 .OO 00.01:44 2002103/16 11:14:00 00:01:58 2002103/10 1OPQ:OO 0004:56 200Z03/10 10:49.00 00.0236 200z0311a io:50:00 00;02:33 200z03/1a i0:55:00 00:05:28 2002'0311 0 10:56.00 00:01:06

$4.20 $0.70 $7.00 $2.10 $0.70 $0.04 $6.30 $2 10 $0.25 Q.80 $1.40 $7,05 $1.40 $025 $0.25 $1.40 $0.75 $6.30 $2.10 $3.50

$12.60 $2.1 0 $0.04 $0.70 SO25 $0.02 $0.02 $0.03 $021 $0.02 $1.40 $490 $0.70 $2.1 0 $1.40 $1.40 $0.50 52.1 0 $3.99

$2.66 $7.98

~....._-.--.-.---.--- ----.------- 01 1.5743617271 COLOMBIA 01 1.5745622909 COLOMBIA 01 1-5745360410 COLOMBIA 01 1-5714361023 COLOMBIA 01 1-5714361023 COLOMBIA

201-760-9232 RAMSEY 01 1-5743605090 COLOMBIA 01 1-574360501 1 COLOMBIA

01 1-5743605091 COLOMBIA 01 1-!343602237 COLOMBIA 01 1-5743605005 COLOMBIA O I 1-57436050tl COLOMBIA

411 INFORMATION

305-411 INFORMATION 305-4t1 INFORMATION

01 1-5743605011 COLOMBIA

01 1-5743860407 COLOMBIA 01 14745622909 COLOMBlA 01 1-5714361 023 COLOMBIA 01 1-5714148092 COLOMBIA 01 1-5743605091 COLOMBIA

011-57161301E9 COLOMBIA

201-233-3220 WESTflELD

33E-665-7145 GREENSBORO

41 1 INFORMATION 716651 -6723 lANCASlER 404-305-6736 ATLANTA 404-305-6663 ARANTA 404-305.6736 ATIANTA 404-305-6063 A W A

01 1-5763605091 COLOMBIA 01 1-5745622909 COLOMBIA 01 1-5743860407 COLOMBIA 01 1-5763617271 COLOMBIA 01 1-5743617271 COLOMBIA 01 1-5743617271 COLOMBIA

OI?-V63605165 COLOMBIA 01 14743605165 COLOMBIA 01 1-5745360410 COLOMBIA

561-215-1667 PTSTLUCIES

01 1.5745622909 COLOMBIA

Run by kalbano Printed on 4/7/02 at 8:09:06 AM Infortel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 4

NJ

xx

xx xx Tx

tJC

x)( NY GA GA GA GA

FL

a_---

I NTL INTL INTL INTL INTL LO

INTL INFO INTL INTL I N n IKn INFO INFO IML LD IML IML IWL I M L INTL LD INTL INFO LD LO LO LO LD INTL INTI. INTL INTL IML IN-rL LD INTL INTL INTL INTL

rm

I----

426987 426987 426987 436587 436587 436587 417417 41 741 7 444897 417417 417417 417417 417417

417417 417417 426987 426987 436587

456398 456398 456398

417417 417417 417417 417417 417417 417417 426987 426987 426987 426987 426987 426987

456398

491 278 (

w ~ s a 456398 426987

( .'

BS V. MDC(1) 009359

PSC 5337

lAiamt International Airport STS Dots,

SMDR-Daleflime is within the last 1 Month(s)-Abs

--I-- _-__-- -- ----. 2002103/18 lf:18:00 0001:28 2002/03/f B 1 1.4O:OO 00:6428

200ZWll8 12:250D OO:(M:36 2002103/18 14:23:00 00:04:40 2 0 0 2 I W 8 15:08:00 00:08:54 2002103/l8 15:40.00 00.03:06 2002/03/18 16:12:00 000356 2002/03/18 16:23:00 0(3:02:04 2002iOJi18 16~26;a 0004:16 2002/03/18 16.29:oO 0001:52 2002103J18 16:WOO W05.24 2052/03/18 17:35:06 OO:W:40 2002/03118 21:03:00 00:@3:44 2002I03119 0850.00 00:02!24 2002/03/19 09.Yl.OQ OO.WO2 2002(0?J19 10:31:00 001014 2002/03/19 1058.00 0(1:06:48 2002103J19 11:22.(jo 00:0026 200210311 9 11 2600 00:01:36 2002103H9 1240:06 00:04:20 2002/03/19 j4:3200 00:03:14 2002/03!19 14.56;OO OQ.Q1:56 20024U3119 15:0200 00.90:48 2002i03119 1614:OO 00:02:36 M”O3l19 16:4O.00 00:02:30 200203/119 16:54:00 00:01:30 20WQ3lt9 16:57:00 006:00:12 x102f03/19 16:m:OO 000010 20m3/19 1659:OO 0000:44 2002103119 17:Ol:oO 00:01:46 2002/03/19 17.03;OO 00:02:12 2002/03/19 1724:OO 00:03:26 2002/03/19 17:28:00 00315:26 2002/03/19 175300 W.OU42 2002/03/19 19.ORO0 mO0.12 2002/03/20 Q7:4?:00 00:01:08 2002/03/20 08:1500 00:01*54 2002/03/20 08.31;OO 00.00.52 2002/03/20 o9:oaoo 00:01:4Q 2002103120 101 2 OO 00.01 :30

2002/03/18 11 :500D 00:05:40

$2.66 $1.60 $7.98 $0.04 $3 50 $6.30 82.80 $2 80 $2 10 $3.50 $0.12 $1.98 $0.30 $0.33 $2.1 0 $21 0 $7.70 $4.€JO $0.03 $1.40 $3.50 $2.80 $0.13 $0.05 so. 16 $210 $0.23 $0.02 $0.02 $0.05 $1.40 $2.10 $2.80

$1 1.20 $0.04 $0.02 so.oe bf.40 $0.70 $1.40 50.23

01 1-5714135034 COL0UB)A 714-438-6509 SANTA ANA

01 1-5743860407 COLOMBIA 7ia-286-4110 QUEENS NYC

01 1-5742559680 COLOMBIA 01 1-5714148092 COLOMBIA 01 1-5743605165 COLOMBIA (11 1-5743605059 COLOMBIA 01 1-5742557623 COLOMBIA 01 1-5743605091 COLOMBIA

01 1-442085130881 UN KINGDOM 202-289-D947 WASHINGTON

407-460-2560 KlSSlMMEE 01 1442074123911 UN KINGDOM

01 1-!343605011 COLOMBIA 011-5743605165 COLOMBIA 01 1-5743605091 COLOMBIA 0‘11-5743605091 COLOMBIA

011-5745622909 COLOMBIA 011-574360501 1 COLOMBIA 01 1-5743605 164 COLOMBlh

407-348-491 6 KISSIMMEE

407-348-491 6 KlSSlMMEE 407-348491 6 KlSSlMMEE 407-348491 6 KISSIMMEE

011-574360501 t COLOMBIA 787-565-2970 407-348-4916 KISSIMMEE 407-348491 6 KISSlMM& 407-348491 6 KlSSlMMEE

Dl 1 -!343605011 COLOMBIA 01 14743605011 COLOMBIA 011-5743605091 COLOMBIA 011-5743605091 COLOMBIA

407-348-491 6 KISSIMMEE

605-357-2013 SIOUX FLS 011-5743605090 COLOMBIA 01 1-5743605090 COLOMBIA 01 16743605091 COLOMBIA

407-3413.4416 KISSIMMEE

7 87-565-2970

Ron by kalbano Printed on 4t7lQ2 st 8.09.06 AM Infortel NT Reports, Copynght 1997 IS1 INFORTEKT

Page 5

- --.I INTI.

INn

INTL INn I NTL INTI. INK INTL

I M L

INTL INTL INTL INTI- INTL

tm INTL imt

CA Lo

NY LD

DC LD

R LD

FL LD

F L L D FL LD FL LD

IML lNlL

n u , n u , R I D

INTL IKn I N n INTI-

F L L o R L D SD LD

wn I N n , I N n INTL

--- 426987 426987 426987 452678 426987

456398 426987 426987 426987 426987 426987 426987 426907 417417 417417 417417 417417 426987 426987 417417 426987

426987

417417

426987 426987 426987 417417 41 741 7 417417 417417 426987 426987 426987 417417 41 741 7 417417 452678

4269a7

4265~

426987 1 45257a

BS V. MDC( 1) 009360

PSC 5338

hliami International Airport STS Detail

S M D R S a t f i m e is within the last i Monlh(s)-Abs

Diwision. 3

Dategme Duration

2002103f20 10.33.00 00:04:52 2002/03120 10:34:00 00:04:54 2002/03/20 10:45:00 00:01:52 2002/03/20 11;09:00 00'29.02 2002/03/20 11;40.00 00:05:12 2002/03/20 11:56:00 00:05:18 2002i03120 12:45:00 0O:Ol:OO 2002/03/20 14.25;OO 00:02:40 2002/03/20 14:45:00 00:01:40 2002103/20 15;34.00 00:01:36 2002(03/20 1541 30 00;03:16 2002/03/20 15:45:00 00:06:32 2002/03120 1734.00 00:030$ 2002103/20 17;37.00 00:01:42 2002/03/21 11:58:00 0001:44 200U0361 13:16:00 00:03:02 2002103J21 13.35:OO 0000:56 2002(03/21 14:23:00 00;02.48 2002/03/27 1440'00 00:00:46 2002/03/22 14:32,00 00;00:52 2002103/22 16:14:00 00:0334 2002/03/23 13.2?:00 O W 1 !20 2002/03/23 13:39.00 W:00:34 2002/03/23 15:35:00 00:00.40 2002/03/23 15:51:00 0Q:Ol:OO 2002/03/23 15:54;00 0&01:1D 2002/03123 16:29:00 00.00:18 20021'03124 17:ll:OO 00:03:14 2002103l24 17:1400 00:01:24 2002/03/24 19:43:00 00.W28 2002/03/25 104700 00:05:52 2002103l25 1 1:14,00 00:00~44 2002/03/25 11.25.00 00.06.14 2OOVOW25 11:3?:00 00:07;30 2002103l25 11:53:00 00:00:46 2002/03/25 75.02:OO 00:09.08 200210325 15:Zl:OO 00:00:38 2aoao3125 15:z:oo o0:06:a 2002i0325 16:OO:OO 0O:Ol:lB 2ooaow25 i6:12.00 00.12.46 20oao3m i13:33:00 oo:oo:io

--I-..---.--..--- -. ---. -_ I

Charge

$3.50 $6.65 $1.40

$21 00 $4.20 $0.34 $0.70 $210 $1.40 $1.40 $2.80 $4'90 $0.20 $0.11 $025 $0.20 $0 06 $2.10 $0.25 $0.70 $280 $8.40 $0.70 $0.33 $0.25 $0.25 $0.02 $280 $0.09 $0.03 $4.20 $0.05 80.33 $5.60 $0.05 50.60 $0.05 $0.44 $0.00 $0.81 60.02

--I-__

Digits Dialed City ______-_._______-_--- --..-_----------- 01 1-5743605093 COLOMBIA 01 1-5743605093 COLOMBIA 01 1-5743605090 COLOMBIA 01 1-5743605091 COLOMBIA 01 1-5743605005 COLOMBIA

626-644-3 172 PASADENA 011-5734630214 COLOMBIA 011-571 3426995 COLOMBIA 011 -5742553941 COLOMBIA 011-5714738477 COLOMBIA 01 I-5743605092 COLOMBIA 01 1-5743605094 COLOMBIA

407-348-491 6 KlSSlMMEE 407-348-4916 KlSSlMMEE

407-670-1728 KISSIMMEE

01 1-5743605091 COLOMBIA

011-5714142234 COLOMBIA 011-5743605164 GOLOMBiA 01 1-5712276310 COLOMBIA 011-5714361023 COLOM5lA

41 1 INFORMATION

407-870.17ze KISSIMMEE

41 1 INFORMATION

011-441293558344 UN KINGDOM 41 1 INFORMATION 41 1 INFORMATION

3034944774 BOULDER 01 1-5723372744 COLOMBIA

404-358-6239 ATLANTA 410-9'37-8352 BALTIMORE

011-5712276310 COLOMBIA 561-792-7144 W PALM BCH 457-851-1 965 ORLANDO

407-240-0898 ORLANDO 404-714-9728 ATLANTA 404-714-9728 ATUNTA

678-472-7676 NORCROSS 407-348-4916 KlSSlMMEE 407-348-491 6 KISSIMMEE

01 1 -57~%!~909 COLOMBIA

71443E6509 SANTA ANA

Run by kalbano Printed on 4i?iO2 at a,09;06 AM infotiel t4T Reports, Copyright 1997 IS1 INFORTEXT

Page 6

Slate Call Type I--- .-----

INTL INTL INTL INTL INTL

INn INTL INTL I N n INTL INTL

CA LD

FL LD FL LD M INFO FL LD FL LD

lNrL XX INFO

INTL INTL l N n IML INTL

XX INFO XX INFO GO LD

INTL G4 LD MO LD

FL LD FL LD

FL LD GA LD GA LD CA LD GA LD FL LD FL LO

I NTL

I M L

456398 417417 41 741 7 417417 456398 41 741 7 426987 452678 452678 417417 41741 7 426987 426987 456587 491 278 491 278 4174t7 436587 491278 452678 436587 436587 436587 444897 444897 426987 426987 426987 426687 436587 426987 426987 426987 426987 426987 426987 426987 426987 426987 426987

e . _ . .

PSC 5339

Division: 3A Depamen

Datepme Dyation

2002/03/26 09;50;00 00:08:44 2002103/26 09.50.00 00;00:56 2002lOW26 13'1 7:OO 00:00:14 2002103/26 15:33;00 0000:36 2002/03/26 15:52:00 00;05:10 2002/03/26 17:18:00 00:01:14

2002303127 09.15;OO 00.01:10 2002303/27 10:0500 00:10:36 2002i03127 102O:OO 0OsO3:10 2002/03/27 10.41.00 00;02:46 2002#3/27 10,53100 00:01:00 20021'03l27 1 le31*O0 00:02:10 2002/03/27 11,46,00 OO:W:12 2002/03/27 tl:47:00 00:0326 2002J0327 15,07:00 00:05:00 2002/03/27 15.1 1:00 00.00:32 2002103/2?15:15:00 00:01:18 2002/03l27 151 7:oo 0o:o 1 : 18 2002/03/27 1534:OO 00;03:42 2002f03127 15:4200 00:0230 2002~03127 155400 00:06:54 2002/03/27 16;0600 W.04:W 200210312? 16.07:OO 00;OO:SO 2002/03/27 16:0900 0O:OO:lS 2002/03/2? 16:lO.OO 00:00:50 2002/03/27 16:lO;OO 00;01:04 2002/0U?? 1622:OO OaO816 2002103/27 16:30:00 00:00:54 2002/03/2? 16:38:00 00:01:30 2002/03/27 16:4200 00:0028 2002/03/27 1707:OO 0000:28 2002/03/27 17,17:00 00:0436 2002/03/27 17:29:00 00:06:28 2002/03i2? 17 31:OO 00:03:30 2002JO3f28 09:47:00 00:0214 2002/03/28 09.56.00 00,00.38 2002103l28 10 1O:OO 0000:38 2002/03/2a io:51:00 00 00:5o 2002lOY28 11.Ot:OO 00.04.06 2002/03/28 11 :06:00 OO:Ol : l8

-.._-.__-___I__-__ ---I.--

200210326 17:ZO:OO 00!00'40

e

$0.70 $0.02 $0 70 $0.33 $1.40 $0.70 $0.25 $7.70 $2 80 $2.10 $0.25 $0.14 $0.02 $0.22 $3.50 $o.w $0.08 $0.08 $0.23 $0.16 $4.90 $3.50 $0.06 $0.02 $0.06 $1.40 $6.30 $0 70 $0.09 $0.70 $0.03 53.50 $4.90 $02.2 $1.62 $0.05 $0.05 $0,25 $0.27 $1.40

Miom Ip!ernational Airport STS Detail

SMDR-Daterime is within the last 1 MonthWAbs

I

. . . . Digits Oia$d City _..___._-__-.-.- -. ------.-I..- 202-342-0683 WASHINGTON

01 1-5714148092 COLOMBIA 407-348-4916 KlSSlMMEE

01 1-574281 1580 COLOMBIA 407-348-4316 KlSSlMMEE

01 1-!74281 t 560 COLOMBIA 01 1-5744260430 COLOMB14

411 INFORMATION 01 1-5744260430 COLOMBIA

01 1-574281 15800 COLOMBIA 01 1-5763360027 COLOMBIA

71 3-860-1792 HOUSTON 561-683-1642 W PALM BCW 561-683-1642 W PALM BCH

561-683-1642 W PALM BCH 561-683-1352 W PALM ECH

561-683-1642 W PALM ECH 310-783-6600 TORRANCE

41 1 INFORMATION

01 1-5745360410 COLOMBIA

561-6m-ig52 w PALM BCH


941-250-6851 NO NAPLES 610-380-5097 COAESVL 610-721 -0337

01 1-5745622899 COLOMBIA 01 1-57456229D9 COLOMBM 01 1-5745622839 COLOMBlA

011-5712276310 COLOMBIA

01 1-5745360410 COLOMBU 01 1-5776920424 COLOMBIA

407-348-491 6 KlSSlMMEE 809-549-0627 SN DOMING0 41 0-573-3455 ANNAPOLIS 41 0-573-3024 ANNAPOLIS

61 0-721-0337

561-683-1642 W P A M BCH

561-615-7894 W PALM RCH

41 t INFORMATION

01 1-5745622909 COLOMBIA

State

DC

FL

FL

--..

xx

xx TX FL FL

FL FL FL FL CA

FL PA

FL

FL

FL OR MO MD xx

Call Type

LD INTL LD INTL LD INfL INTL INFO INTL INTL INlL INFO LD LD LO lNTt LD LD LD LD LD INTL

LD LD LD INTL INn. INTL u) INTI. LD INTL INTL LD 1Nl-L LD LD INFO LD IKFL

-.-.--

INTL'

AuthCd

452678 426987 426987 491278 426907 491278 491278 444897 491278 491278 42" 444897 426987 42" 426907 491278 426987 426987 426987 426987 436587 491278 491278 426987 426987 426987 491278 426981 491278 426981 436587 491278 491278 436587 426987 417417 417417 452678 444897 426987 426981

---

Run by kalbano Printed on 4/7/02 el 809.06 A M lnfortef NT Reports, Copyright 1997 IS1 INFORTEXT

Page 7

I

PSC 5340

Oivision: 3

0 a! emirme

2002/03/28 11:30:00 2002(03/28 15:35:00 2002/03l28 1637:OO 20021C13128 16;51:00 2002(03/29 10:46.00 2002/03/29 ll:12:00 2002/05/29 12:12:00 20OZ03/29 15.24:OO 2002/03/29 15:39:00 2002103/29 16:08:00 2002403/30 15131 .OO 2002/03/30 16:12:00 2002tO3I30 19;49:00 2002/03/30 21.29:OO 2002/03/30 21:31:00 2002/03/31 11 :25:00 2002103J31 11.51 ,OO 2002/03/31 15:15:00 2002/03/31 16:16:00 2002i0331 16;a;OO 200ZiOW31 16:46:00 2002104/01 10:47:00 2002i04l01 11;48:00 2002/04/01 11:55:00 2002'04/01 12:24:00 2002'04401 16;0200 2002'04/01 1X49.00 2002/w/02 11:03:ffO 2002'04/02 11:43!00 2002r04/02 11:44.00 2002/04/02 11:50:# 2002/04/02 11:52:00 2002/04/02 11:53,00 2002/04/02 11:56:00 2002/04/02 11:Xi'OO ,2002104402 12.01 LOO 2002/04/92 12:31:00 2002/04/02 12*40~00 2002l04402 13.55;OQ 2002104/02 1418:OO 2002l04J02 15:44:00

----.-.--I-.-.-...- ^

Duration

00;00.46 00.02.32 0a.l0:08 0000:34 00306.08 0030306 0000'42 OQ03.16 00:0422 0008:54 00.0756 00339320 0001 :oo 0ROl:lO 00.00:28 0000:10 00:M.56 00:02.38

--I----

OV,06:24 0001*26 00.13.36 0~00:10 00:00:56 00.0024 00.3228 0008:00 oai5:w 0403:56 040628 OU.02:42 DCt00:46 O 0 O O n t 8 00.00.16 0029:M 00,Ol :IO 00.03:02 00.0534 00 02-50 00.01.14 00,01.06 o0oo:se

Charge

$0.05 $2.10 $7.70 $C0,04 w.40 $0.20 $0 05 $0.21 $3.50 $576 $5.60 $2.48 $0.25 $0.08 $0,03 $0.02 $2.10 $2.10 $4.90 $1.40 $9.80 $0.02 $0 07 $0.03 $23.10 $5.60 $0.96 $2.60 $4.90 8.18 $0.82 $0,02 L0,02 $1.94 $1,40 52.80 §4.20 $0.19 $1 40 $1.40 $0.70

-^--_.__-

flami International Airport STS Detail

SMDR-Dateffime is within the last 1 Month(s)-Abs

Digits-Dialed City. __-_____-__--_-. -------.-- 41 0-573-3024 ANNAPOLIS

01 1-57436051 64 COLOMBIA 01 1-574582909 COLOMBIA 61 4-351-6141 COLUMBUS 614-351-6141 COLUMBUS 614-351-6141 COLUMBUS 770-923-4049 TUCKER 61 4351-6141 COLUMBUS

01 1-5745622909 COLOMBIA 01 1-525557866860 MWlCOClTY 01 1-5745622909 COLOMBIA 407-348-4916 KISSIMMEE

404-765-9368 ATLANTA 404-765-9368 ATLANTA 407-760-9563 ORLANDO

01 1-5744161764 COLOMBIA 01 1-5714135034 COLOMBIA 01 1-5745622909 COLOMBIA 01 1-5712337124 COLOMBIA 01 1-5712337124 COLOMBIA

41 1 INFORMATION

203-425-9942 STAMFORD 21 0-378-4547 SANANTONIO 407-830-9900 WINTERPARK

01 1-5714361023 COLOMBR 01 1-5745622909 COLOMBIA 407-348-4916 KISSIMMEE

01 1-5714135034 COLOMBIA 01 1-5742666771 COLOMBIA 707-746-1 31 4 BENlClA 250-6E5-4449 SAANlCH 781-438-551 5 STONEHAM 914-701-8089 PT CHESTER 703-268-7663 VIENNA

01 1-5744 16 1764 COLOMBIA 01 1-5725547843 COLOMBIA 01 1-5745622890 COLOMBIA

01 1.5745510434 COLOMBIA 01 1-5745510434 COLOMBIA 01 1-571 4 138092 COLOMBIA

202-293-6500 WASHINGTON

Run by kalbano Printed on &'?I02 at 8i09.06 AM Infortel NT Reports, Copytight 1997 IS1 INFORTEn

Pago 8

State Call Type

MD LO --- .-----.-

INTL INTL

OH LD OH LD OH u) GA LD OH LD

INTL DF INTL

INTL FL LO XX INFO GA LD GA LD FL LD

lNTL 1m 1m-L

INTL i N n

CT LO TX LD FL LD

INTL INTL

INn 1M-L

FL LD

CA LD BC LD MA LD NY LD VA LD

JNTL INn I NTL

INTL IKn INTL

DC LO

AugCd

452678 491278 426987 42 6987 426987 426987 426987

426987 426987 426987 426987 417417 417417 41 7417 426987 426987 426967 426987 426987 426987 436587 426987 426987 436507 426987 426987 426987 426987 452678 452678 452678 452678 452678 426987 452678 426907 426987 428987 426987 491278

-.---

42~987

PSC 5341

2002/04&2 15;46;00 00:00:58 200210402 18:21 :OO 00.25:04 2002/04&2 18328100 00:03:50 200iYOMO3 09:50:00 00:02:04 2002/04/03 11 :42.00 00:00.26 2002104103 11:43:00 00:00:22

2002lO4103 12:13.00 00.00:14 2002104t03 12;26:00 00:00;40 2002104ICG 12:37:00 00:00:24 2002104103 13:23:00 00:00:54 2002/04103 14:05:00 00:04:04 2002/06/03 1459:OO 00:1218 2002/04/03 173 3.00 00:03:18 2002/04/03 17: 17:OO 00:04:10 2002104103 17:35:00 00~1532 2002l04104 00.54.00 00:02:38 2002/04/04 09:23:00 00:02:52 2002104104 1038'00 00:00:48 20021U4104 10.45.00 00;09:42 2002/04/04 10:59:00 00:04:40 2002/34/04 11:58:00 00:08:14 2OW04iO4 12:1600 00:0324 2002/04/04 13.52.00 00:0032 2002/04/04 15:3000 00:07:40 200Zt04104 16:W.OQ 00;00:42 2002/04/04 16;44;00 00:33:16 2002104/05 11:25.00 00:00:16 2002/04/05 11:26:00 00:00:54 2002/04105 1 1 :38:00 00.02:OE 20021wM5 11:56:00 00:0028 2002104105 12:?9:00 00:04:40 2002/04105 1423;OO 00:07:44 2002104f05 15:OZ;oO 00;01.08 2002104105 15:38:00 00:00:36 2002104105 15:55'00 000020 2002t'04/06 14:39;00 00.05:lO 20ozo4/06 i 5,02:00 00:oo:i 6 20021'04106 16,27:00 00:1330 200204106 17.03.00 OOJJO:5G 2002'04106 17:04:00 000126

2002/04/03 11 : u o o 00!05:4a

e

$0,70 $1.63 $0.25 $2 10 $0.70 $0.70 $4.20 $0.70 $0.70 $0.70 $0.08 $3.50 $9.10 $2.80 $3.50 sosa $2.10 $2.1 0 $0.70 $7.00 $3,50 $4.90 $280 $0.70 $5.60 $0.70 $23.80 $0.32 $0.70 $0.96 $0.32 $3.50 $0.51 $0.06 $0.04 $0.70 $4.20 $0.70 50.85 $0.70 $1.40

Totals 18.05:lO $572,89

Miami Inlernaiional Arport 5TS Detail

SMDR-DatefTime is within the last 1 MonthWAbs

Run by kalbano Printed on 4i7l0.2 at 3.09:06 Ah4 Infortel M Reports, Copyright 1997 1st INFORTEXT

Page 9

01 1-571 41 48092 COLOMBIA 203-425-9942 STAMFORD 423-6263000 NEWTAZEWLL

011-5745360157 COLOMBIA 01 1-5732616 161 COLOMBIA 011-5712616161 COLOMBIA 011-5732626161 COLOMBIA 01 1-571 6774293 COLOMBIA 011 -5716774293 COLOMBIA 01 1-5743605161 COLOMBIA

011-5743605091 COLOMBIA 01 1-5714236880 COLOMBIA 011 -5745360410 COLOMBIA 01 1-571 4148092 COLOMBIA

407-348-4916 KlSSlMMEE 01 1-5743438208 COLOMBIA 011-5114135034 COLOMBIA 011-5744161 764 COLOMBIA 01 1-571 41 48092 COLOMBIA

011-5743605161 COLOMBIA 011-5714135034 COLOMBIA 011-5714361023 COLOMBIA 011-5743605090 COLOMBIA 01 1-5743605091 COLOMBIA 01 1-5743605091 COLOMBIA

01 1-57441 61 764 COLOMBIA 626-644-3172 PASADENA

202-366-3383 WASHINGTON

01t-5716258600 COLOMBIA

571 6239989

628644-3172 PASADENA a 1-5143605087 COLOMBlA

716-553-7043 QUEENS NYC 8 17-963-9451 EULESS 407-695-0990 WINTERPARK

0 1-5737631 602 COLOMBIA 0 1-571 6217326 COLOMBIA 011-5716019596 COLOMBIA

017-5712279119 COLOMBIA 011-571 4310002 COLOMBIA

407-348-4916 KlSSlMMEE

INTL CT LD TN LD

IKn I N l L INTL INTL INTL

INTL

INTL INTL INTL INTL

INTL INn. INTL I NTL INTL IML IML JNTL INTL INTL JNTL LD INTL

CA u) CAD

lNTL NY LD T X L D n u ,

itm

DC LD

FL u)

INTL INTL INTL

I N n 1 N n

FL LD

AuthCd

491 278 436587 436587 456398 426987 426987 426987 426987 426987 456398 42678 417417 417417 491278 491278 426987 426658 426987 426987 491278 426987 456398 426987 436587

417417 417417 4s6398 426987 456390 426987 456398 41 7417 456398 426967 456398 426987 426987

426087 426987

-

417417 1

426987

PSC 5342

. .

SMDR-Datellime is withln the last 1 Month@)-Abs

Run by kalbano Printed on M t O Z at 8:09;06 AM lnfortel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 10

8s V. MDC( 1) 009365

PSC 5343

Miami lnternatlonal A~rport STS Detail

SMDR-Datemime is within the last 1 Month(s)-Abs 0 DgtWT", Duration Charge Digits. Dialed City State Call Type AuthCd I_.---_LI_ I___ --.--I. - -..-- *. -_...-.-.--I. u1_ I__-

200UOJll9 11.27:OO 00:01:46 52.66 011-574360501 COLOMBIA iNTL

z<pTotals 00:01:46 $266

Run by kalbano Printed on W/02 a! 8.09:06 AM Infonel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 11

BS V. MDC(1) 009366

z --re .- ____ - .--- .-"_.--I- - a . ---- - -- I. -- . e

PSC 5344

Miamr International Airport STS Detail

SMDR-Date/lime iswithin the last 1 Monlh(s)-Abs a DuIaBo_n Ghgrge Dsll_s Diaeg CIQ state CallType AuthCd . D a t a " . . -------- __--_. -__- -..--v---- -c -.- --

2002103/19 1436:OO 00:01:24 $0.25 305-411 INFORMATION XX INFO 2002/03/19 14:42:00 0&01:02 $0 25 305411 INFORMATION XX INFO 2002/03/21 1045.00 00:01:34 $0.25 305411 INFORMATION &X INFO 2002/03/23 11:44:00 00:00:16 $0.25 305411 INFORMATION )o( INFO

Totals 040416 $1.00

Run by kalbano Printed OE Wl02 at 0:09.Q§ AM lnfortel NT Reports. Copynghl 1997 IS1 INFORTUCT

Page 12

. 1

I

ES V. MDC(1) 009367 * ..-_-_-_- .̂-- --.------ --.I"----

PSC 5345

Miami International Airport STS Detail

SMOR-Dat#The is within the last 1 Month[s)-Abs

-DateK" - DuIapon . Charge Digits Dialed City State Calllype AuthCd.

2002103118 10;58;00 00:03:44 $5.32 1311-5714135034 COLOMBIA INTL 2002/03/19 1208:OO 00.01:44 $0.25 305411 INFORMATlON M INFO 2 0 0 W 0 2 11:23:00 00:01:12 $0.25 305-411 INFORMATION XX INFO

Totals 00.0640 $5.02

__1-1__-- .--. ----I -_._-- --..-.------ --- -- -e-

Run by Mbana Printed on MID2 at 8:09,06 AM Infortel NT Reports, Copyright 1997 IS1 INFORTEXT

Page 13

BS V. MDC(1) 009368

PSC 5346