HomeMy WebLinkAboutStaff Report 3.D 10/15/2012 r
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DATE: October 15, 2012
TO: Honorable Mayor andMembersof the City Council through City Manager
FROM: Tim Williamsen, IT Manager <)/1/t/
SUBJECT: Resolution Authorizing City Manager to Sign Agreement with AT&T for
OptEMan Fiber Network.Services
RECOMMENDATION
It is recommended that the City Council adopt the attached;Resolution,authorizing the City
Manager to sign the service agreement with AT&T to provide OptEMan fiber wide area network
services.
BACKGROUND
The City has utilized a fiber optic network provided by AT&T since 2005. The fiber optic
network;interconnects several of the larger City offices,tallowing internet, email, financial,
document management, geographic information systems, and other office software applications
to operate. AT&T owns and operates the actual fiber network-and the City makes a connection
at devices that AT&T installs at City offices. AT&T monitors operation of and repairs any
found defects in the network. The AT&T fiber optic network service has been satisfactory and
contributes to productivity and cost savings.
DISCUSSION
The City, through the normal course of business, uses computers and computer networking for a
variety of purposes.. City staff strive to achieve performance efficiencies using technology.
Successes have depended greatly on technology investments. Deployment of the City-wide fiber
optic network ("OptEMan")in 2005 has been instrumental in that effort, and has allowed the
' City to perform work which consume bandwidth only possible with fiber optic networks: email
usage, GIS':system usage, research on the internet (world wide web),sharing and production of
graphic content such as CAD drawings, use of the Finance system,use of other database
systems, document management. The phone system which has been in use since 2006, based
upon technology called "voice over internet protocol" ("VoIP") uses the data network. The
efficiencies and improved services to the public made possible by this phone system would not
be possible without the fiber optic network.
Agenda Review--
City Attorney / Finance Director City Manager
Expansion of computing uses has continued since original:installation of the OptEMan fiber
network in 2005. The addition of the Police Traffic Office on Payran'St. and expansion of
functionality in the Transit'operation at 555 North McDowell have occurred. The capacities of
the original network installations in those offices have become strained. The deployment of the
proposed agreement will alleviate strain on network speed for,those offices, because the new
agreement will assure network,speeds of almost 20 times those in place currently. This is an
improvement over the existing conditions because those remote offices perform the same
business functions as other city offices and require the comparable network service and speed.
The term of the current agreement is seven years and is-due to expire at the end of 2012. The
proposed agreement is intended to continue networking services without interruption. The
alternative to a long term agreement is continuing the current network services "month to
! month,"which has market value:pricing. The rate for the service that is being recommended is
$4530, and a month to monthragreement'would cost in excess of$7000/month . The term of the
proposed agreement is also seven years.
Productivity savings are expected,to+,continue and even improve"under'the proposed agreement.
The new agreement includes provisions"for'doubling network.speeds. This will allow for future
growth in users' computing and networking needs.
Chapter 4.04.100 of the Petaluma Municipal Code provides that purchases of supplies and
equipment made under a cooperative purchasing program with,the state, county or other public
agencies are exempt from formal bidding requirements. Cooperative purchases must have been
competitively bid and awarded, and the advantage of the cooperative purchase documented.
Approval of this agreement is consistent:with the cooperative purchasing requirements by having
been bid and awarded by the,State of California Office of Technology's Calnet2 Agreement.
AT&T's award contract is #MSA-1.
Staff recommends that the Council adopt the attached Resolution,Authorizing the City Manager
to sign the service agreement with AT&T for OptEMan`fiber network services.
FINANCIAL IMPACTS
The cost for the existing AT&T fiber total OptEMan service is $3365 per month. The proposed
cost is to be$4530 per month, which is an increase of$1165 per month'. The annual increase
amounts to$13,980, and is divided according to the I.T.cost allocation plan.
The proposed services include additions,of connections to the Police Traffic office and to the
Transit facility. Each of those are $525/month. Each site will also see a reduction in
$180/month for the current service. The increase is budgeted by Transit and the PD.
The General Fund portion of the increase is $5530, less $2160 for the disconnected existing
service,for an annual increase.of$3370 to the General Fund. All costs are included in the
adopted'fiscal-year;2012-20l3;1-T.operating budget.
ATTACHMENTS
1. Resolution Authorizing the City Manager to Sign the Agreement with AT&T for the
OptEMan Fiber Network-Services.
2. AT&T Master User Agreement
3. AT&T Pricing Schedule
I 3
ATTACHMENT 1.
RESOLUTION.OF THE CITY COUNCIL OF'THE CI-TY OF PETALUMA
AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT WITH AT&T
FOR OPTEMAN FIBER NETWORK.
WHEREAS; The City of Petaluma regularly uses computers and computer networking
services for City business; and,.
WHEREAS,the City desires to economically obtain, deploy, manage reliable
networking services; and,
WHEREAS, the City has been using AT&T's OptEMan fiber;network for City business
since 2005; and,
WHEREAS, the City's use of AT&T's OptEMan network has contributed to improved
productivity; and,
WHEREAS Chapter 4.04.100 ofkthe Petaluma Municipal Code provides that purchases
of supplies and equipment,made under a cooperative purchasing program with the state, county
or other public agencies are exempt from formal bidding requirements;.and,
WHEREAS, OptEMan network services has been awarded to AT&T through State of
California Office of Technology's Calnet2 agreement;and,
WHEREAS, the State's Calnet2.agreement meets the requirements of the Municipal
Code.Chapter 4.04.100 for exemption from formal bidding; and,
WHEREAS,the City desires to continue to derive the same benefits of improved
productivity and cost savings; and,
NOW, THEREFORE, BE IT'RESOLVED by the City Council of the City of Petaluma
as follows:
The City Council authorizes the City Manager to execute an agreement with AT&T for
OptEMan fiber optic network;services.
if
Attachment 2 '
AT&T MA Reference No.
at&t
MASTER'AGREEMENT
Customer' :, AT&T.:
Customer Legal Name City Of Petaluma AT&T Corp.
Street'Address: 11•English St.
City:Petaluma State/Province: CA
Zip Code:94954 Country:USA
,:CiistomeiCootact fornotices?' '' a
( ) _ _ _ C, "AT&T ConfacE'(fornotices): _ 47„-- ,,.
Name:City of Petaluma Street Address:'2600:Camino Ramon
Title:City Clerk City:San Ramon State/Province: CA
Street Address: 11 English ST. Zip Code:94583 Country: USA
City:Petaluma State/Province: CA
Zip Code:94954 Country:-USA With a copy to:
Telephone:707 7784360 AT&T Corp.
Fax:707 778;4554 One AT&T Way
Email:cityclerk @ci.petaluma.ca:us Bedminster,NJ 07921-0752
ATTN: Master Agreement Support Team
Email:mast dnatt.com
This Master Agreement ("Master Agreement"), between the customer named above ("Customer') and the AT&T entity named above
("AT&T"),is effective when signed by both'Customer and AT&T.
.Customer AT&T
"(by its'authonzedlrepresenttative), . (by,itsalitlionied;'representative)
By: By:
Name:John C. Brown Name:
Title:City Manager Title:
Date: Date:
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1, INTRODUCTION
1.1, Overview.of Documents. This Master Agreement and the following-additional documents (collectively, the "Agreement") shall
apply to all services and'equipment AT&T provides Customer pursuant to this Agreement("Services"):and shall continue in effect so long
ras Services are provided under this Agreement:
(a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is
attached to or is later executed,by the parties and references this Master-Agreement. A Pricing Schedule+includes the Services;
the pricing(including discounts and commitments,if applicable)and thepricing Schedule term("Pricing Schedule Term").
(b) Tariffs and Guidebooks."Tariffs"are documents containing the descriptions,pricing and other terms and conditions for a Service
that AT&T or its Affiliates file with regulatory authorities."Guidebooks"are documents(designated as Guidebooks or Price Lists)
containing the descriptions,pricing and other terms and conditions for a Service that,were but no longer are filed with regulatory
authorities. Tariffs and Guidebooks can,be found at att.com/servicepublications or other locations AT&T may designate.
(c) Acceptable Use Policy.AT&T's Acceptable Use Policy("AUP")applies to(i)iServices provided over or accessing the Internet and
(ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.comlaup or other locations AT&T may
designate.
' (d) Service Guides.The descriptions, pricing and other terms;and conditions for a'Service.not covered by a Tariff or Guidebook may
be contained in a Service Guide;which can be found at att.com/servicepublicatibris or other locations AT&T may designate.
1.2 Priority of Documents. The-order of priority of the documents that form this Agreement,is: Pricing Schedules; this Master
Agreement the AUP;and Tariffs, Guidebooks and Service Guides; provided:that, Tariffs will be first in priority in any jurisdiction where
applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms.
, 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any
time.
1.4 Execution by Affiliates.An AT&T Affiliate or Customer Affiliate:may sign aPricing Schedule in its own name,and such Affiliate
contract will be a separate but associated,contract incorporating the terms of this Agreement. Customer and AT&T will cause their
respective Affiliates to comply with any such separate and associated contract.
2. AT&T DELIVERABLES
2.1 Services.AT&T will either provide or arrangeto have an"AT&T Affiliate provide Services to Customer and its Users, subject to
the availability and operational limitations of systems, facilities and equipment. Where required', an AT&T Affiliate authorized by the
appropriate regulatory authority will be the service provider.
2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"),
but title to the'AT&T Equipment will remainWithtAT&T: Customer must provide electric power:for the AT&T Equipment and keep the AT&T
Equipment physically secure and free from liens•and encumbrances. Customer will bear the risk of loss or damage to the AT&T
Equipment(other than ordinary wear and tear)except to the extent caused by AT&T of its agents.
2.3 Software.Any software that AT&T furnishes to Customer will be governed by the written Berms and conditions applicable to such
software. Title to such software remains with AT&T or its supplier. Customer must comply with all such terms and conditions and they
take precedence over this Agreement as to such software.
3. CUSTOMER'S COOPERATION
3.1 Access Right. Customer will it a timelymannerallow AT&T access as reasonably required for the Services to property and
equipment that Customer controls and will'obtain at Customer's expense timely access for AT&T as reasonably required for the Services
to property controlled by third parties such as'Customers landlord AT&T will coordinate with-and, except in an emergency, obtain
Customers consent to enter upon Customer's property and premises, which consent shall,not'be unreasonably withheld. Access rights
mean the right to construct, install,,repair, maintain replace and remove access!lines and network:facilities and the right to use ancillary
equipment space within a building for Customers connection to AT&T's network. Customer must provideAT&T timely information and
access to Customer,'s facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security
policies. Customer will furnish any conduit;;holes, wireways, wiring, plans; equipment space; power/utilities and other items as AT&T
reasonably requires for the„Services end-Will obtain any necessary licenses, permits and consents (including easements and rights-of-
way); Customer will have the Site ready for to perform its work according to amutually agreed schedule.
3.2 SafeiWorking Environment Customer will ensure that the location at which AT&T installs, maintains or provides Services is a
safe working;environment, free of Hazardous Materials and reasonably suitable for the Services: "Hazardous Materials' mean any
substance ormaterial',capable of posing an unreasonable nsk to health, safety or property or whose use transport storage, handling,
disposal or release is regulated'byany law related to pollution, to protection ofiair, water or soil to health and safety. AT&T shall have
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no obligation to perform work at-a location that is not a suitable and safe working environment or to handle, remove or dispose of
Hazardous Materials.
33 Users. "User"means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply
with this Agreement and is responsible for Users' use of any Service unless,expressly provided to the contrary in an applicable Service
Publication.
3.4 Resale of Services. Customer may not resell the Services or rebrand:therServices for resale to third parties without AT&T's
written consent.
4. PRICING AND BILLING
4.1 Pricing and Pricing Schedule Term;Tehmaappticabte After End of Schedule Term. The prices listed in a Pricing
Schedule are stabilized until the end of the Pricing,Schedule Term and will apply in lieu of the corresponding prices set forth in the
applicable Service Publication.. No promotion;credit, discount or waiver setiforth in a Service Publication will apply. At the end of the
Pricing Schedule Term;Customer may continue Service(subject to any applicable notice or other requirements in a Service Publication for
Customer to terminatea Service Component),under a month-to-month service arrangement at the prices,terms and conditions in effect on
the last day of the Pricing ScheduleTerm..AT&T may change such prices,terms or conditions on 30 days'prior notice to Customer.
4.2 Additional Charges and.Taxes. Prides set forth in a,Pricing Schedule are exclusive of and Customer will pay all taxes
(excluding those on AT&T's net income) surcharges,recovery fees,customs clearances duties levies shipping charges and other similar
charges(and any associated interest and penalties resulting from Customers failure to timely pay.such taxes or similar charges),relating to
the sale, transfer of ownership, installation, license use or provision of thelServices, except to the extent Customer provides a valid
exemption certificate prior to the delivery of Services. To the extent required by laws Customer may withhold or deduct any applicable
taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent
allowed by law or treaty and will furnish AT&T.with such evidence as may be required by relevant•taxing authorities to establish that such
tax has been paid so that AT&T may claim any applicable credit.
4.3 Billing. Unless a Service.Publication specifies otherwise;,Customers obligation.to pay for,a Service Component begins upon
availability of the Service Component to Customer: Customer will pay AT&T without deduction, setoff or delay for any reason(except for
withholding taxes as provided in Section 4:2—Additional'Charges-and Taxes'orin Section 4:5 Delayed Billing; Disputed Charges). At
Customer's request but subject to AT&T's consent(which may not be unreasonably withheld or withdrawn), Customers Affiliates May
invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customers Affiliates
do not pay charges in accordance with this;Agreement. AT&T,May require;Customer or its Affiliates to tender a deposit if AT&T'
determines, in its reasonable judgment that"Custonier.or its Affiliates are not creditworthy,..and AT&T may apply such deposit to any
charges owed.
4.4 Payments. Payment is due within 30 daysiafter the date of the invoice(unless another,"date is specified in an applicable Tariff or
Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive
endorsements or other statements on checks are Void. Customer will reimburse AT&T for all costs associated with collecting delinquent or
dishonored payments, including reasonable;attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month
(18%per annum), (b) for Services contained in aTariff or Guidebook at the rate specified therein, or(c)the maximum rate allowed by law
for overdue payments.
4.5 Delayed Billing; Disputed Charges. Customer will not be require&to pay charges;fdr:Services invoiced more than 6 months
after close of the billing period in which the charges;were incurred, except for calls assisted by an automated or live operator. If Customer
disputes a charge, Customer will provide noticeito AT&T specifically identifying the charge and the reason it is disputed within 6 months
after the date of the affected invoice, or Customer,waives the right to dispute the charge. The portion of charges in dispute may be
withheld and will not,be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment
fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its,investigationfto Customer; payment of all
properly due charges must be made within ten(10) business days, and AT&T'will reverse"any late payment fees that were invoiced in
error,
4.6 MARC: Minimum Annual,Revenue,Commitment("MARC)means an annual revenue commitment set forth in a Pricing Schedule
that Customer agrees to satisfy during each 12-consecutive-month period of the'Pricing Schedule Term If Customer fails to satisfy the
MARC for any such 12-month:period Customer will pay a shortfall charge in an'amount equal,to the difference between the MARC and the
total of the applicable,MARC-Eligible Charges incurred during such 12-month period,and AT&T may withhold contractual credits until
' Customer pays the shortfalfcharge.
4.7 Adjustments to MARC.
(a) In the event of a business downturn'beyond Customer's control, or�a corporate divestiture, merger, acquisition or significant
restructuring or reorganization of Customer's business, or network optimization using otherServices, or a reduction of AT&T's
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prices,,ora,force majeure event any of which significantly impairs-Customers ability•to meet a MARC, AT&T will offer to adjust
the affected"MARC to reflect Customers reduced usage of Services (with a'"corresponding adjustment to the prices, credits or
discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will
amend the affected Pricing Schedule prospectively. This Sectiont4.7 will not apply to a change resulting from Customer's
decision to use service providers other than AT&T. Customer will provide AT&T notice of theconditions Customer believes will
require the application of this provision:. This provision does not constitute;a waiver of any.charges, including monthly recurring
charges and shortfall.charges,Customer incurs prior to amendment of the affected Pricing Schedule,
(b) If Customer,through merger,consolidation,,acquisition or otherwise„acquires a new business or operation, Customer and AT&T
may1agree;in writing to include the new business or operation under+this Agreement. Such agreement will specify the impact, if
any,of such addition on Customer's.MARC or Other volume or growth discounts and on Customer's attainment thereof.
5. CONFIDENTIAL'INFORMATION •
5.1 Confidential Information Confidential Information means: (a) inforrnation,tneparties or their Affiliates share with each other in
connection with this Agreement or in anticipation of providing Services under this Agreement(including pricing or other proposals),but only
to the extent identified as Confidential Information in writing;and(b)except as may be required'by applicable law or regulation,the terms
of this Agreement.
5.2 Obligations. A disclosing partys Confidential,Information will, for alperiod of 3 years following its disclosure to the other party
(except in the'case of software, for which the is:indefinite):(a)not be disclosed! except to the receiving party's employees; agents
and contractors having a need-to-know(butonly if such agents and,contractors are not direct competitors of the other,party and agree in
writing to use;and disclosure restrictions as,restrctive as this Section 5),ortothe extent authorized to be revealed by law, governmental
authority or legal process(but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing
party to the extent practicable and not prohibited_by law, governmental authority or legal process);,(b) be held in confidence;:and (c) be
used only for purposes of using the Services; evaluating proposals for new ser ices,orperformuig'this Agreement(including in the caseof
AT&T to detect fraud, to check quality and to operate,maintain and repair the Services).
5.3 Exceptions. The restrictions in;this Section 5`wll not apply to any information that: ,(a) is,independently developed by the
receiving party without use of the disclosing party's Confidential Information (b)is lawfully received by the receiving party free of any
obligation to keep it confidential;or(c)becomes generally available to the public other than by breach of this Agreement.
5.4 Privacy Laws. Each.party is responsible for complying with the privacy laws applicable to its business. If Customer does not
want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it
will be unintelligible. Customer is responsible for obtaining consent from and giving notice to`its;Users;:employees and agents regarding
AT&T's processing the User,employee or agentinformation in connection with;providing Service. Unless otherwise directed by Customer
in writing, if'AT&T designates a dedicated account representative'as Customers primary contact with AT&T, Customer authorizes that
representative to discuss and disclose Customeris customer proprietary network information to any employee or agent of Customer without
a need for further authentication'orauthorization..
6. LIMITATIONS OF LIABILITY AND,DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY'S ENTIRE'LIABILITY THE OTHER'PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF
ANY CLAIM ARISING OUT OF'AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY;,;DEATH OR,DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL.PROPERTY
PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE PROVEN;DIRECT'DAMAGES;
(ii) FOR BREACH OF SECTION 5(Confidential.Information),SECTION 10.1 (Publicity)OR SECTION 10.2(Trademarks),
PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD PARTY CLAIMS THE REMEDIES AVAILABLE UNDER SECTION 7(Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
PROVEN DAMAGES; OR
(v) FOR CLAIMS OTHER THAN THOSE SET.FORTH IN SECTION 6.1(a)(1)-(iv), PROVEN DIRECT DAMAGES NOT TO
EXCEED, ON A PER CLAIM OR AGGREGATE;BASIS DURING ANY TWELVE,(12) MONTH`PERIODVAN AMOUNT
EQUAL TO THEfTOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE
RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM
AROSE.
(b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
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CONSEQUENTIAL„PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOST PROFITS,:ADVANTAGE,SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS SECTION 6.1 SHALL NOT LIMIT CUSTOMERS RESPONSIBILITY FOR THE PAYMENT OF ALL
PROPERLY DUECHARGES UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO:
INTEROPERABILITY,ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES,
CONTENT OR NETWORKS PROVIDED,BY CUSTOMER OR THIRD PARTIES SERVICE°.DEFECTS; SERVICE LEVELS,DELAYS OR
ANY SERVICE ERROR OR INTERRUPTION;'INCLUDING.INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911
OR OTHER EMERGENCY RESPONSE.CALLS OR ANY`OTHER CALLS OR TRANSMISSIONS, (EXCEPT FOR CREDITS EXPLICITLY
SET FORTHIN THIS AGREEMENT); LOST OR',ALTERED MESSAGES`ORiTRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR
THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMERS (OR ITS AFFILIATES`; USERS' OR THIRD PARTIES')
APPLICATIONS,CONTENT; DATA PROGRAMS;'INFORMATION; NETWORKS OR SYSTEMS.
6.3 Disclaimer of Warranties. AT&T' MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
SPECIFICALLY DISCLAIMS,:ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,TITLE OR NON-INFRINGEMENT.AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR
BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR
OTHER TRANSMISSIONS WILL BE ROUTED;OR`COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911.
OR ANY SIMILAR'.EMERGENCY RESPONSE NUMBER)-AND MAKES NOk GUARANTEE REGARDING NETWORK SECURITY, THE
ENCRYPTION EMPLOYED BY ANY SERVICE, THE,INTEGRITY OF ANY DATA THAT IS SENT;BACKED'UP, STORED OR SUBJECT
TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR
IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION.
6.4 Application and Survival.The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless
I. q ,ty strict or otherwise,,of whether damages were foreseeable and of whether a
of the form of action, whether-in contract a ui tart stnc
party was advised of the possibility of such damages and will apply so as to limit'.the;liability of each party and,its Affiliates and their
respective employees, directors, subcontractors and suppliers The limitations of liability and disclaimers set out in this Section 6 will
survive failure of any exclusive remedies providediin this Agreement.
7. THIRD PARTY CLAIMS
7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to,settle any third-party claim against,Customer, its
Affiliates and its and their respective employees and directors or topay all Damages that a court finally'awards against such parties for a
' claim alleging_that a Service provided to Customer.under this Agreement infringesany patent,trademark,copyright or trade secret but not
where the claimed infringement arises out:of or results from (a) Customers its'Affiliate's;or a User's content (b) modifications to the
Service by Customer, its Affiliate or a third'party, or combinations of the Service with any non-AT&T services or products by Customer or
others;(c)AT&T's adherence to Customer's-or,its Affiliate's written requirements;or(d)use of a Service in violation of this Agreement.
7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third-party claim against AT&T, its
Affiliates and its and their respective employees, directors;subcontractors and suppliers or to pay all Damages that a court finally awards
against such parties for a claim that (a)arises out of Customer's, its:Affiliates or Users access to or use of the Services and the claim is
not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and
falls within the exceptions in Section 7.1,,or (c)alleges a breach.by Customer, its Affiliate`or'a User of a software license agreement
governing software provided in connection With the Services.
7.3 Infringing Services.Whenever AT&T is liable under Section 7.1,AT&T may at its option either procure the right for Customer to
continue using,or may replace or modify,the Service so that it is non-infringing.
7.4 Notice and Cooperation. The party seeking'defense or settlement of a third-party claim under this Section 7 will providenotice
to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no
, effect except to the extent-the:ether party is prejudiced by the delay; The party-seeking defense or settlement will allow_the other party to
control the defense and settlement of the,claim and will reasonably cooperate with the defense. The defending party will use counsel
reasonably experienced in the subject matter at`;issue and will not settle a claim without the consent of the party being defended,
which consent will not be unreasonably withheld or delayed, except;that no consent will be required to settle.a claim where relief against
the party being defended;is limited to mdnetary damages.that are paid by the defending party under thisESebtion 7.
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8. SUSPENSION AND TERMINATION
8,1 Termination of Agreement. This Agreement.may be terminated immediately upon notice by either party if the other party
becomes insolvent, ceases operations, is the,subject'of a bankruptcy petition, enters receivership or any state insolvency proceeding or
makes an assignment for the benefit of its creditors.
8.2 Termination or Suspension.The following additional termination provisions apply:
(a) Material Breach. If,either party fails to perform or observe any material warranty, representation, term or condition of this
Agreement including non-payment,of charges„and such failure'continues unremedied for 30 days after receipt of notice, the
aggrieved party may;terminate the affected Service Components and if the breach materially and adversely affects the entire
Agreement, terminate the entire Agreement. If Customer is in,breach„AT&T may elect to suspend (and later terminate) the
affected Service Components`and; if the breach materially and adversely affects-the entire Agreement, suspend (and later
terminate)the entire Agreement.
(b) Materially Adverse Impact. If.AT&T revises a Service.Publication the revision,has a materially'adverse impact on Customer
and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from
Customer, then Customer may as Customers sole remedy, elect to terminate the affected Service Components on 30 days'
notice to AT&T, given not laterthan'90 days after Customer first learns of the'revision to the Service Publication. "Materially
adverse impacts”do not includerchanges;,to non-stabilized pricing changes required by governmental authority,or assessment
of or changes to additional charges such as surcharges di taxes.
(c) Internet Services. If Customer fails to:rectify a violation of the AUP within 5`days after receiving notice from AT&T,AT&T may
suspend the affected Service Components. AT&T reserves'the right, however, to suspend or terminate immediately when
(i)AT&T's suspension or termination is in response to multiple or repeated, violations or complaints; (ii)AT&T is acting in
response to a court order or,governmental notice that certain conduct must e stopped; or(iii)AT&T reasonably determines that
(a)it may be exposed'to sanctions, liability;prosecution or other adverse consequences under applicable law if AT&T were to
allow the violation to continue (b)'such;violation may harm or interfere with the integrity, normal operations or security of AT&T's
network or networks with which AT&T',is;interconnected'or may interfere with another customer's use of AT&T services or the
Internet;or(c)such violation otherwise'presents.an imminent risk of harm to AT&T,AT&T's customers or its or their respective
employees.
(d) Fraud or Abuse..AT&T may terminate or.suspend an affected Service or Service Component and, if the activity materially and
adversely affects the entire Agreement,terminate or suspend the entire Agreement'immediately by providing Customer with as
much advance notice as is reasonably practicable under the circumstances if Customer (i)commits a fraud upon AT&T;
(ii)uses the Service to commit fraud upon another party (iii)unlawfully uses,the Service; (iv)abuses or misuses AT&T's
network or Service;or(v)interferes with another customer's use of AT&T's network or services.
(e) Infringing Services. If the optionsdescnbed in Section 7.3 (Infringing.Services)are not reasonably available,AT&T may at its
option terminate the affected Services or Service Components without liability'other than as stated in Section 7.1 (AT&T's
Obligations).
(I) Hazardous.Materials. If AT&T'encounters any.Hazardous Materials at the Site, AT&T,may terminate the affected Services or
Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at
Customer's expense in accordance with applicable law.
8.3 Effect of Termination.
(a) Termination or suspension by either party of a.Service'dr Service Component does not waive any other rights or remedies a
party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or
Service Component.
(b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of
termination.
8.4 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the
Agreement or if AT&T'terminates a Service or Service Component.other than for cause, Customer will not be liable for the
termination charges set forth;in this Section'8.4.
(b) If Customer or AT&T terminates a Service•or Service Component prior to Cutover other than as set forth in Section 8.4(a),
Customer(i)will pay any,termination or cancellation charges set out in a Pricing Schedule,or Service Publication, or(ii) in the
absence of such specified charges, will reimburse AT&T for time andmaterials incurred prior to the effective date of termination,
plus'anythird party,charges.reeulting!frdrn the termination.
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MASTER"AGREEMENT
(c) If.Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a),
Customer.'will Thay applicable termination,charges as follows: (i) 50% (unless a different percentage is specified in the Pricing
Schedule) of the monthly recurring charges for the terminated!Service or Service Component multiplied by the months
remaining in an applicable Minimum Payment Period; (H)•if termination occurs before the end of an applicable Minimum
Retention Period, any associated credits:or waived or unpaid non recurring charges; and (iii) any charges incurred by AT&T
from a.third party(Le., not an AT&T Affiliate)due to;the;termination: The charges'set forth in Sections 8.4(c)(i) and (ii) will not
apply if a terminated Service Component,is replaced with an upgraded Service Component at the same Site but only if the
Minimum Payment Period or Minimum:Retention Period, as applicable, (the "Minimum Period') and associated charge for the
replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the
terminated Service Component,respectively,and if the upgrade is not restricted in applicable Service Publication.
(d) In addition, if Customer terminates a Pricing Schedule that has a�MARC, Customer will pay an amount equal to 50% of the
unsatisfied MARC for the balance of the Pricing Schedule Term.
8.5 Non•Appropriations•of Funding: If Customer is a;government agency dependent.entirely on government funding, by
executing this Agreement, Customer warrants:that Customer has funds appropriated and available to pay all amounts due
hereunder through the end of Customers current fiscal period. Customer further agrees'to use reasonable efforts to obtain all
appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the applicable
Minimum Payment Period. In the,event Customer is unable to obtain the necessary appropriations or funding for the Services
provided under this Agreement,.Customer may terminate the Services without liability for the Termination Charges set forth in
section 5 (Termination) upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate
appropriations or funding;(ii)despite Customers'best efforts funds have not been appropriated and are otherwise unavailable to
pay for the Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative
payment schedule or new agreement,to accommodate Customer's budget. Customer must provide AT&T thirty (30) days'
written notice of its intent to terminate the Services under this section. Termination of:the Services for failure to obtain
necessary appropriations or funding shall,be effective as of the last day for which funds were appropriated or otherwise made
available. If Customer terminates the Services under this Agreement under this section,:Customer agrees as follows: (i)it will
pay all amounts due for Services incurred through date,of termination, and reimburse all unrecovered non-recurring charges;
and(ii)it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to
the original Minimum Payment Period such Service(s).
9. IMPORTIEXPORT CONTROL
Neither party will use, distribute, transfer'or'tSnsmit any equipment, services,:software or technical'information provided under this
Agreement (even if incorporated into other products) except in compliance with all:applicable import and export laws, conventions and
regulations.
10. MISCELLANEOUS PROVISIONS
10.1 Publicity. Neither party may'issue-any public statements or announcements relating to the terms of this Agreement or to the
provision of Services without the prior written consent of the other party.
10.2 Trademarks. Each party agrees not to.display or use, in,advertising:or otherwise,:any of the other party's trade names, logos,
trademarks, service marks or other indicia of origin without the other party's prior written consent'which consent may be revoked at any
time by notice.
10.3 Force Majeure. Except for payment of,amounts due neither party will be liable for any,delay, failure in performance, loss or
damage due to fire, explosion, cable cuts, power blackout earthquake;,flood, strike, embargo, labor disputes, acts of civil or military
authority,war,terrorism acts of God; acts of a public enemy,acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies or other causes beyond such party's reasonable control
10.4 Amendments and Waivers;Any supplement to or modification or waiver of any provision of this Agreement must be in writing
and;signedby authorized representatives,of both parties. A waiver,by either party cif any breach of this Agreement Will not operate as a
waiver of any other breach of this Agreement:
10.5 Assignment and Subcontracting:
(a) Customer may,without AT&T's consent but upon notice to AT&T,iassign.:in whole or relevant part its rights and obligations
under this Agreement to a Customer Affi liate. AT&T may without Customer's consent, assign in whole or relevant part its rights
and obligations under this Agreement to:anAT&T Affiliate. In no other case maythis Agreement be assigned by either party
without the prior written consent Of the other party(which consent will not be unreasonably withheld or delayed)• In the case of
any assignment,the'assigning.party shall remain financially responsible for the performance of the assigned'obligations.
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MASTER'AG RE EMENT
(b) AT&T may'subcontract to an Affiliate or a third,party work to be performed under this Agreement but will remain financially
responsible for the performance of such obligations.
(c) In countries where AT&T does not havean Affiliate to provide a Service, AT&T may assign its rights and obligations related to
such Service to a local service provider,but AT&T will remain responsible!to Customer for such obligations. In certain countries,
Customer may be required to contract directly.with the local service provider.
10.6 Severability. If any portion of this Agreement is found to be'invalid,or unenforceable or if, notwithstanding Section 10.10
(Governing Law),applicable law mandates,a different interpretation or result the remaining provisions will,,remain in effect and the parties
wift negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with
the original intention of the parties.
10.7 Injunctive Relief.:Nothing in this Agreement is intended to or should;be construed to prohibit a party from seeking preliminary or
permanent injunctive relief in appropriate circumstances from a court of competent
10.8 Legal Action Any legal actiomansing in connection with this Agreement must be filed within one (1) year after the cause of
action accrues,or it will be deemed time=barred,and waived. The parties waive any statute of limitations to the contrary.
10.9 Notices.Any required notices under this'Agreement shalf:be in writing and shall be deemed validly delivered if made by hand(in
which case delivery will be deemed to haver been effected immediately), or by ovemightmail'(in'which case delivery will be deemed to
have been effected one(1)business day afterthedate of mailing);or by first class;pre-paid:post(in which'case delivery will be deemed to
have been effected five(5)days,after the date of posting),or,by facsimile or electronic transmission(in which case delivery will be deemed
to have been,effected,on the day the transmission was sent). Any,such notice shall be sent to the office of the recipient set forth on the
cover page of this Agreement or to such other office or recipient as designated;in writing from time!totime.
110.10p Governing LLaw. This isgAgreeme,t:will be govemed by ptthe law of the State of New York,,without regard to its conflict of law
g 9 9
principles unless a regulatory a enc with unsdiction over the applicable Service applies a different law: The United Nations Convention
on Contracts for International Sale of Goodswill,got apply.
10.11 Compliance with Laws. Each party wilt tcomply with all applicable laws and regulations and with all applicable orders issued by
courts or other governmental bodies of competent jurisdiction.
10.12 No Third Party Beneficiaries. This Agreement is'for the benefit of Customer and AT&T and does not provide any third party
(including Users)the right to enforce it or to bring an action for any remedy,claim, liability,reimbursement or cause of action or any other
right or privilege.
10.13 Survival. The respective obligations.:of Customer and AT&T that by their,nature would continue beyond the termination or
expiration of this Agreement,including the obligations set forth in Section 5(Confidential Information), Section 6(Limitations of Liability and
Disclaimers)and Section 7(Third Party Claims),will survive such termination or.expiration.
10.14 Agreement Language. The language of this.Agreement is English. If there is a conflict between this Agreement and any
translation,the English version will take precedence.
10.15 Entire Agreement. This.Agreement=constitutes the entire agreement between the parties with respect to its subject matter.
Except as provided in Section 2,3 (Software); this Agreement supersedes all other agreements, proposals, representations, statements
and understandings, whether written or oral,concerning the Services or the rights and obligations relating to the Services, and the parties
disclaim any reliance thereon. This Agreement will not be modified-or supplemented by any written or oral statements, proposals,
representations,advertisements, service descriptions,or purchase order forms not expressly set forth in this Agreement.
, 11. DEFINITIONS
"Affiliate"of a party means any entity that controls,is controlled by or is under common control with such party.
"Cutover"means the date:Customer's obligationto'pay for Services begins.
"Damages"means collectivelyall.injury,damage,liability,loss,penalty,interest and incurred.
"Effective.Date"of a Pricing Schedule.means.the.date.onwhich the last party signs the Pricing'Schedule Unless a later date is required
by regulation',or law.
"MARC-Eligible Charges means the recurring and usage charges (including amounts owed under Section 8.4(c)(i)), after deducting
applicable discounts and credits (other than outage,or SLA credits), that AT&T charges Customer for the Services identified in the
applicable Pricing Schedule as MARC-contributing The following are not MARC-Eligible Charges: (a)charges for or in connection with
Customer's purchase of equipment; (b)taxes;,and(c)charges;imposed in connection'with governmentally imposed costs or fees (such as
' USF,PICC,,payphone'service provider compensation, E911 and deaf relay charges).
Minimum Payment Penot means the,Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service
Publication during which Customer is required'to pay recurring charges for the Service Component.
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"Minimum Retention'Period" means the Minimum Retention Period identified fora Service:Component in a Pricing Schedule or Service
Publication during which Customer is required to maintain service to avoid the payment(or repayment)of certain credits,waived charges
or amortized charges.
"Service Component"means an individual.componentof a Service'provided under this Agreement.
"Service Publications"means Tariffs,,Guidebooks,Service Guides and the AUP.
Site means Customers physical location,.including Customers collocation space on AT&T's or its Affiliate's or subcontractors property,
where AT&T installs or provides a Service.
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Attachment 3
at&t
ILEC INTRASTATE SERVICES PRICING SCHEDULE
Provided Pursuant to Custom Terms
AT&T MA Reference No.
1 Customer, • ' : . b,
' City of Petaluma The'applicable AT&T,ILECService-Providing Affiliate
Street Address`. 11 English St.
City: Petaluma- State/Province: CA
Zip Code: 94952 Country: USA, •
Customer Contactj(for natices) AT&T Sales.Contact Information and'for ContractNotices1`
❑iRrimary;ContactAT&T '
Name: City of Petaluma Name:
Title: City Clerk Street Address:
Street Address: 11 English City:. State/Province:
City: Petaluma Zip Code: Country: USA
State/Province: CA Telephone: Fax:
Zip Code: 94952 Email:
Country: USA Sales/Branch Manager:
Telephone: 707 778 4360 SCVP Name:
Fax 707 778 4554 Sales Strata: Sales Region:
Email: cityclerk @ci.petaluma.ca.us With a copy to:
Customer Account Number or Master AT&T Corp.
Account Number: One AT&T Way
Bedminster, NJ'07921=0752
ATTN: Master AgreementSupport Team
Email: 'mastr7o att:com
AT&TtSolutton Provider or,Representatwe;lnformation (ifapplrgable)°❑
This Pricing Schedule for the service(s).identified below'("Service"),is.part of the Agreement referenced above. Customer requests that its
identity be kept confidential and not be publicly'disclosed'by AT&T or byuri'regulatory commission,unless required by law.
Except when Service is used solely as transport for AT&T switched local or access-service(s), Customer acknowledges and certifies that
the interstate traffic(including Internet and'international traffic)constitutes ten percent(10%)or less of the total traffic on any Ethernet,
dedicated or special access Service.
Customer confirms receipt of the AT&T customer building/site preparation document for OPT-E-MAN®Service describing the installation
requirements at the Site(s).
On the TermlStart Date (defined below in section 2), this Pricing Schedule will supersede and replace the following document(s) with
' respect to Services,included in this Pricing SchedulezContract No.2b070116-0237 last sighed on January 23, 2007.
Customer(by its;authonzed`representative): AT&T(by its`authonzed?representative)
By: By:
Printed or Typed Printed or Typed
Name: Name:
Title: Title:
Date: Date:
1
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Page 1 of.4. 1 C I
Please sign by December 1„2012.
ILEC INTRASTATE SERVICES PRICING SCHEDULE
Provided Pursuant to Custom Terms
1. SERVICE,SERVICE PROVIDER(S)and SERVICErPUBLICATION(S)
Service`s! ,. ti .
(_,), • Service Service Pubhcabon(s) ., Seritce'Pubhcation;L'ocahon(s)
,:Provider(s);'• (ipcorporatedbyireferrence)'
v
' OPT-E-MAN®Service AT&T California AT&T California Service- Publications, http://cpr.att.com/quidebook/calindex.h
including AT&T California Guidebook Part tml
6,Section 9 and any applicable tariffs•
Special Construction Charges AT&T California AT&T California Service Publications, http:/Icpr.att.com/pdf/ca/ca:htm
—Intrastate including Access Tariff No. 1754T, Section http://cpr.att.com/quidebook/ca/index.h
15 and Guidebook Part 2, Section 5, as
Any facilities installed under this tml
applicable
Agreement will. be owned by
AT&T.
Service Inquiry Number:
PS#259680
2. PRICING SCHEDULE TERM,EFFECTIVE DATES
PncingiSchedule Term: 84 months
;Pricing'Schedul'e Ter mStart Dafe • • on the Effective Date
g'Start Date of y
Minimum Payment Period per`
Service Component_ later of the Effective Date or installation of the Service Component
RatelStaliiliiationlper,Service Com onent Rates as specified in this Pacing Schedule for each Service Component are stabilized•
- -°• -° •-- - • until the end of its Minimum;Payment•Period. •
;Prfainggfollowing,ile end of M iinii m Payments non-stabilized prices as modified from time to.time in applicable Service Publication or if
Penod j "^ there is no such pricing,'the"pricing in this.Pricing.Schedule
3. MINIMUM PAYMENT PERIOD
• Service Components+: •Percentage,of Monthly''RecurringRate'Apphedfor MinimumfPayment Period; -.
Calc ilation,otEarly Termination:Charges peer Service Components
Until the end of the Minimum
OPT-E-MAN CIR/GoS 50% Payment Period for the associated
Port Connection
All other Service Components 50% 84 months
4. ADDS;MOVES;and UPGRADES
4.1 Adds
Orders for Service Components(other than OPT-E-MAN CIR/GoS)in excess bf quantities listed Section A-1 of Attachment A("Adds") not
permitted.
4:2 Moves
Per applicable Service'Publication.
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Please sign by December 1,2012. ;ILEC INTRASTATE SERVICES PRICING SCHEDULE
Provided Pursuant to Custom Terms
4.3 OPT-E-MAN®Upgrades
4:3:1 Customers may upgrade their CIR to a higher,speed without incurring Termination Charges if such increases do not require
physical changes to AT&T's•equipment or connections at Customer Site(s). In,addition; customers may upgrade their Grade.of
Service Without incurring Termination:Charges provided the upgrade does not include any reduction in the customer's existing CIR.
4.3.2 Pricing for OPT-E-MAN Service Reconfiguration Increase in CIR or Gob•-.(not applicable for Arkansas and Nevada)
Service:Componeritsr MonthlyRecurnngfiate and Non•recurring`Charges "
Committed Information Rate(CIR) As specified in Attachment A
or Grade of Service(GoS)
specified in Attachment A
Committed Information Rate(CIR) 54%discount off of the Service Publication monthly recurring rates then in effect for the increased
or Grade of Service(GoS)not CIR/GoS for the.TPP term equal to the Minimum Payment'Period of the associated Port Connection,
specified in Attachment A dr if no such TPP.term exists then the,next shorter TPP term
'only increases which do not require physical changes to AT&T's equipment or connections at tustomer Site(s)
5. RATES AND CHARGES;QUANTITIES; INITIAL SITE(S)
See Attachment(s)A.
6. SPECIAL TERMS,.CONDITIONS or OTHER REQUIREMENTS
6.1. Evolution of Service
AT&T may replace the OPT-E-MAN®Service,with AT&T Switched Ethernet Service("Successor Service"), subject to the Materially Adverse
Change clause of the Master Agreement The Parties will cooperate in migrating to the Successor Service to help avoid any unintended
interruptions.
6.2 Accelerated Discount
.._n.
Accelerated�Drscount Lrabihty upon early termmaUon,ofany ServtceComponent"
Special Construction Charges $10,529:68 100%of the accelerated'discountdivided by the number of months
Discount. in the Pricing Schedule Term multiplied by the number.of months
remaining in the Priding Schedule Term at date of termination
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Please'sign'byDecemtier4,2012' ILECINTRASTATE SERVICES PRICING SCHEDULE
Provided Pursuant to'Custom Terms
ATTACHMENT A-CALIFORNIA
ForServices Provided Pursuant to Guidebook
RATES and CHARGES;INITIAL SERVICE COMPONENTS,'SITE and SERVICE CONFIGURATION
City of.Petaluma
Al- Rates and Charges;Initial Quantities
Month! Recur n Non rec itiniCharge
° Quantify= Quantity •y 9 •(NRC){New Service.'
Seivrccel r wservrce Components/,l1SOC - 1 'Rate(MRR) per o-•° w•-• �>-.) .
New, Existing! - Components only),
per u .
OPT-E-MAN® Basic Plus Connection 10/100 Mbps/P9FFX 4 4 $115.00 $0
OPT-E-MAN® Basic Plus Connection IG;IP9FHX 0 1 $170.00 $0
OPT-E-MAN® CIR-20,Mbps(Silver)/R6EDC 5 0 $506.00 $0
OPT-E-MAN® CIR-50 Mbps(Silver)/R6EHC, 1 0 $525.00 $0
OPT-E-MAN® CIR- 100 Mbps(Silver)/R6ELC 2 0 $635.00 $0
OPT-E-MAN® CIR-250 Mbps(Silver)/.R6EQC 1 0 $809.75 $0
A-2 ''Minimum Quantity New Commitment
; :Req'mredilnstatlatioon Date : MonthlyjShortfalfChaige 2
Within three(3)months after the ,50% of MRR'(partial months prorated)for "Quantity+'New"Service Component not installed by
Effective Date Required Installation Date until installed or,if not installed, until the end of the Pricing Schedule Term
A-3 OPT-E-MAN Initial New and Existing Sites'and Site Configuration
;Connec`h 'Streets. -c c; New or-` itortConoectio`n ' ' CIR. Grade,of" 'Numtier°of Nui er
° ,tion#: 'Addiess • k. Ezrsting s Speed; Servyce4a Repeate 'of-EVCs
- ` "•, ` , r ,SeMceo- n if applicable
1 198 D Street Petaluma Existing Basic Plu&Service 10/100'Base T 20 Mbps. Silver
2 4400 Lakeville Petaluma Existing Basic Plus Service 10/100 Base T 20'Mbps Silver
Hwy
3 202 N Petaluma Existing 'Basic Plus Service 10_/100 Base T 100 Mbps Silver
McDowell Blvd
4 969 Petaluma N Petaluma Existing Basic Plus Service 10/100 Base-7 100 Mbps Silver
. Blvd
5 556 N Petaluma New Basic Plus Service 10/100 Base T 20 Mbps Silver
McDowell Blvd
6 1001 N Petaluma New Basic Plus Service 10/100 Base T 20 Mbps Silver
• McDowell.Blvd
7 831.N Petaluma New Basic Plus Service 101100 Base-1 20 Mbps Silver
McDowell Blvd
8 205 W Payran Petaluma NS Basic Plus Service 10/100 Base T 50 Mbps Silver
'Street
9 11 English St Petaluma Existing Basic Plus Service Gigabit Ethernet 250 Mbps Silver
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