2005/12/13 City Council Resolution (12)RESOLUTION NO. 2005 -355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH
SBC for their Optical Ethernet Metropolitan Area Network (OPT -E -MAN) Proposal.
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an agreement by and between SBC, and the City of Rohnert Park, a
municipal corporation, to provide their OPT -E -MAN network connectivity upgrade.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this l 3th day of December, 2005.
CITY OF ROHNERT PARK
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BREEZE: AYE FLORES: AYE SMITH: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Master Agreement
This Master Agreement (the "Agreement ") is between SBC Global Services, Inc. dba AT &T Global Services, a Delaware
corporation with offices at One SBC Plaza, Dallas, Texas 75202, on behalf of itself and those AT &T Affiliates identified in
those Addenda, Attachments, Orders, and /or Statements of Work ( "SOWs ") that may be entered into from time to time and
incorporated by reference into this Agreement (individually and collectively, "AT &T ") and City of Rohnert Park ( "Customer "),
a California government agency, with offices at 6800 Hunter.Drive, Suite, B, Rohnert Park, CA 94928, is effective on the
date of last execution ( "Effective Date "). AT &T and Customer are sometimes referred to herein collectively as the "Parties"
or individually as a "Party."
References to "Agreement" refer to this Agreement, any applicable tariff or guidebook, and the documents listed in the
Addendum and Attachment List, including any SOW "). New or revised Addenda, Attachments, Orders, and /or Statements
of Work must be signed by Customer and SBC Affiliate. The following order of precedence applies to the documents
comprising an Agreement: (1) any applicable guidebook and tariff(s), (2) Addenda (and related SOWs and Attachments), (3)
this Agreement, and (4) Orders.
Notices from a Party concerning this Agreement must be written and delivered to the other Party at the address(es) below (i)
in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by facsimile, electronically
confirmed and followed immediately by U.S. Mail. Notice will be effective upon delivery.
To Customer: City of Rohnert Park
6800 Hunter Drive, Suite B
Rohnert Park, CA 94928
Fax: (707) 585 - 6705
Attention: James Grundman, IS Manager
To AT &T: AT &T Global Services, Inc.
6000 State Farm Drive, Room 1S100
Rohnert Park, CA 94928
Fax: (707) 585 - 0317
Attention: Account Team for City of Rohnert Park
SO AGREED by the Parties' respective authorized signatories:
CITY OF ROHNERT PARK AT &T GLOBAL SERVICES, INC. ON BEHALF OF ITS
AFFILIATES
By:
Name:
Title: `-
Date:
By:
Name:
Title:
Date:
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
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SBC Master Agreement Terms and Conditions
convicted of fraud, criminal conduct, or willful misconduct; or (iv) breaches the confidentiality obligations under this
Agreement.
33 Force Majeure. Except in the case of payment of amounts due, neither Party will be liable to the other Party for any
failure of performance due to any cause beyond that Party's reasonable control, including acts of God, fire, explosion,
vandalism, terrorism, cable cut, storm, or other similar occurrence, any law, order, regulation, direction, action, or
request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties,
supplier failures, shortages, breaches, or delays, or preemption of existing Service to restore Service in compliance
with the regulatory rules and regulations, or, in the case of AT &T, delays caused by Customer or Customer's service
or equipment vendors.
3.4 Assignment. Neither this Agreement nor any portion or interest in this Agreement may be assigned, sublet, or in any
manner transferred by a Party without the prior written consent of the other Party, which consent will not be
unreasonably withheld. Notwithstanding the foregoing, AT &T may assign all or any part of this Agreement to an AT &T
Affiliate or use subcontractors to perform Services.
3.5 Use of Confidential Information. During the Term, each Party may obtain Confidential Information from the other Party.
Written or other tangible Confidential Information must at the time of disclosure be identified and labeled as
Confidential Information belonging to the disclosing Party. When disclosed orally or visually, Confidential Information
must be identified as confidential at the time of the disclosure, with subsequent confirmation in writing within 15 days
after disclosure. Neither Party may during the Term and for 3 years thereafter disclose any of the other Party's
Confidential Information to any third party. Neither Party may use the other Party's Confidential Information except to
perform its duties under this Agreement. The Confidential Information restrictions will not apply to Confidential
Information that is (i) already known to the receiving Party, (ii) becomes publicly available through no wrongful act of
the receiving Party, (iii) independently developed by the receiving Party without benefit of the disclosing Party's
Confidential Information, or (iv) disclosed by the disclosing Party to a third party without an obligation of confidentiality.
Upon termination of this Agreement or, an applicable Addendum, each Party will return the other Party's Confidential
Information.
3.6 Customer Information; Access and Safe Working Environment. AT &T may rely on any information provided by
Customer and assumes no liability for any damages or costs that result from errors or omissions in such information.
Customer shall provide AT &T with timely access to Customer information, facilities or equipment as AT &T reasonably
requires to provide the Services and keep AT &T informed on developments in Customer's business or operations that
may impact Service. AT &T may share Customer information and Confidential Information (including billing and usage
information for Services purchased) with AT &T Affiliates and inform Customer of other AT &T product/service offerings.
Customer shall maintain the Site in a suitable and safe working environment, free of Hazardous Materials. Customer
represents and warrants that the area of the Site where AT &T performs Services is free of Hazardous Materials. AT &T
does not handle, remove or dispose of, nor does AT &T accept any liability for, any Hazardous Materials at the Site.
Customer shall pay AT &T for any damages, costs, fines or penalties AT &T incurs as result of the presence or release
of such Hazardous Materials. If AT &T encounters any such Hazardous Materials, AT &T may terminate this Agreement
or suspend performance until Customer removes and cleans up at its expense Hazardous Materials in accordance
with this Agreement and applicable law. For purposes hereof, "Hazardous Materials" means any substance whose
use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air,
water, or soil, or health and safety.
3.7 Publicity. During the Term AT &T may refer to Customer, orally and in writing, as a customer of AT &T and may
publish a press release announcing in general terms that AT &T and Customer have entered into this Agreement and
AT &T may in general terms describe the activities contemplated hereunder. Any other reference to one Party by the
other Party requires written consent of the first Party.
3.8 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES RELATED TO LOST PROFITS, TOLL FRAUD, LOSS OF USE, AND LOSS OF DATA, OR FAILURE TO
REALIZE SAVINGS OR BENEFITS) ARISING UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH LOSS. EXCEPT AS OTHERWISE PROVIDED IN ANY APPLICABLE TARIFF OR
GUIDEBOOK, THE TOTAL AGGREGATE LIABILITY OF AT &T, ITS SUPPLIERS, LICENSORS, AFFILIATES,
DIRECTORS, OFFICERS, AND /OR EMPLOYEES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL
BE LIMITED TO PROVEN DIRECT DAMAGES. NOT TO EXCEED AMOUNTS ACTUALLY PAID BY CUSTOMER
DURING THE 3 -MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CIRCUMSTANCES GIVING
RISE TO THE FIRST CLAIM FOR DAMAGES UNDER THIS AGREEMENT.
3.9 Warranties; Disclaimer of Other Warranties. With respect to maintenance or professional Services, AT &T warrants that
the Services will be performed in a professional and workmanlike manner. AT &T further warrants that it has good title
to the Equipment and that the Equipment will perform in accordance with the manufacturer's published specifications
during the warranty period set forth by such manufacturer and AT &T will use commercially reasonable efforts to
subrogate any AT &T claims or rights against the Equipment manufacturer to Customer. AT &T makes no warranties
and assumes no liability for any defects or nonconformities caused by non -AT &T approved modifications or
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
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Addendum and Attachment List
This Addendum and Attachment List to the Master Agreement (the "List ") between AT &T and Customer, current as of the
Effective Date, is incorporated into the Agreement by this reference. All Addenda and Attachments shall be attached to the
Agreement.
Addendum No. 1 of the Master Agreement (OPT -E -MAN Service)
Addendum No. 2 - Addendum to Master Agreement for SBC PremierSERVsM Dedicated Internet Access (DIA)
This List may be amended from time to time in writing and signed by the Parties.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
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SBC PremierSERVs' DEDICATED INTERNET ACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
Company d /b /a SBC California, Nevada Bell Telephone Company, Southwestern Bell Telephone, L.P., and The
Southem New England Telephone.
V. DOMAIN NAME REGISTRATION
Customer is responsible for choosing a domain name and submitting an application to AT &T. AT &T makes no warranty or
representation that the requested domain name will be available for registration. Customer will retain ownership of the
registered domain name(s).
VII. CUSTOMER OWNED EQUIPMENT
(a) Unless specified in this Addendum, Customer is solely responsible for provisioning, installing, configuration and
maintenance of all COE hardware and software, including without limitation TCP /IP routers, CSU /DSU line interface
units, primary domain name servers, electronic mail servers, netnews servers and firewall or proxy servers. AT &T
shall not be responsible for delays in the provision of Service resulting from incompatibility of such COE, or resulting
from improper provisioning, configuration or maintenance of such COE. AT &T may provide configuration files for
certain routers, at its sole discretion, and only as a convenience to Customer. The connection of COE and wire will at
all times comply with the terms, conditions, limitations and responsibilities normally applicable to the connection of
customer premise equipment to the telephone network, including those now or hereafter established in the Federal
Communication Commission's Part 68 Rules and Regulations.
(b) AT &T may make changes in its Services, equipment, operations or procedures, including those related to the
Service, where such action is not inconsistent with the proper operation of the Service provided under this
Addendum. If any such change can be reasonably expected to render any of Customer's COE incompatible or
otherwise materially affect its use or performance, Customer will be provided written notice at least three (3) months
in advance of the change. If Customer determines that the cost of replacing or modifying its equipment or system in
order to reestablish compatibility and maintain uninterrupted Service is unreasonable, Customer may terminate this
Addendum without penalty or liquidated damages (e.g., cancellation or termination charges).
(c) Customer will provide the proper environment, electrical and telecommunication connections for the Services and
router, if applicable; as specified by AT &T and /or the Router manufacturer. No combination of COE will: require
change in or alteration of the equipment or Service of AT &T; cause electrical hazards to AT &T's personnel or
damage to AT &T's equipment; cause the malfunction of AT &T's billing equipment; or cause degradation of Service to
persons other than the user of the subject terminal equipment or communications system. Upon notice from AT &T
that Customer's COE is causing such hazard, damage, malfunction or degradation of Service, Customer will promptly
make such changes as will be necessary to remove such hazard, damage, malfunction or degradation of Service.
VIII. AT &T RESPONSIBILITIES
(a) Router installation and maintenance. If specified on the first page of this Agreement, AT &T will:
0) Provide, install and maintain a fully configured, staged, and tested router, configured with the IP software suite and
LAN interface (the "Router"). Title to the Router shall pass to Customer upon AT &T's completion of the installation of
the Router. AT &T will terminate the Service in the Router's LAN interface, which will be the Service point of
demarcation. Customer is responsible for interfacing its equipment/LAN with the Router. If Customer requests and
agrees to pay time and material charges, the Service interface may be extended to another Customer requested
location. If Customer chooses to terminate its maintenance agreement with AT &T, Customer will become
responsible for all router configurations and configuration requests, and request for support beyond basic access to
the internet, will be performed by DataComm Customer Care solely on a Time and Materials ( "T &M" )basis.
(ii) Provide support for basic connectivity to the internet, as well as up to 10 extended IP access list lines, DHCP on a
router, Port Address Translation (PAT), and static (public to private) NAT. These configuration requirements are to be
provided by Customer prior to installation, and performed at provisioning, or on exception basis, during maintenance.
All other configuration requests by Customers will be performed on a Times and Materials (T &M) basis.
CONFIDENTIAL INFORMATION
The information. contained herein is for use by authorized employees of the parties hereto only and is not for general
distribution within or outside their respective companies.
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Minimum Annual
AT &T Affiliate
Product Offering
Revenue
Term
Commitment
(Months)
SBC California
Local Exchange Service
$ 43,956.00
84
V. DOMAIN NAME REGISTRATION
Customer is responsible for choosing a domain name and submitting an application to AT &T. AT &T makes no warranty or
representation that the requested domain name will be available for registration. Customer will retain ownership of the
registered domain name(s).
VII. CUSTOMER OWNED EQUIPMENT
(a) Unless specified in this Addendum, Customer is solely responsible for provisioning, installing, configuration and
maintenance of all COE hardware and software, including without limitation TCP /IP routers, CSU /DSU line interface
units, primary domain name servers, electronic mail servers, netnews servers and firewall or proxy servers. AT &T
shall not be responsible for delays in the provision of Service resulting from incompatibility of such COE, or resulting
from improper provisioning, configuration or maintenance of such COE. AT &T may provide configuration files for
certain routers, at its sole discretion, and only as a convenience to Customer. The connection of COE and wire will at
all times comply with the terms, conditions, limitations and responsibilities normally applicable to the connection of
customer premise equipment to the telephone network, including those now or hereafter established in the Federal
Communication Commission's Part 68 Rules and Regulations.
(b) AT &T may make changes in its Services, equipment, operations or procedures, including those related to the
Service, where such action is not inconsistent with the proper operation of the Service provided under this
Addendum. If any such change can be reasonably expected to render any of Customer's COE incompatible or
otherwise materially affect its use or performance, Customer will be provided written notice at least three (3) months
in advance of the change. If Customer determines that the cost of replacing or modifying its equipment or system in
order to reestablish compatibility and maintain uninterrupted Service is unreasonable, Customer may terminate this
Addendum without penalty or liquidated damages (e.g., cancellation or termination charges).
(c) Customer will provide the proper environment, electrical and telecommunication connections for the Services and
router, if applicable; as specified by AT &T and /or the Router manufacturer. No combination of COE will: require
change in or alteration of the equipment or Service of AT &T; cause electrical hazards to AT &T's personnel or
damage to AT &T's equipment; cause the malfunction of AT &T's billing equipment; or cause degradation of Service to
persons other than the user of the subject terminal equipment or communications system. Upon notice from AT &T
that Customer's COE is causing such hazard, damage, malfunction or degradation of Service, Customer will promptly
make such changes as will be necessary to remove such hazard, damage, malfunction or degradation of Service.
VIII. AT &T RESPONSIBILITIES
(a) Router installation and maintenance. If specified on the first page of this Agreement, AT &T will:
0) Provide, install and maintain a fully configured, staged, and tested router, configured with the IP software suite and
LAN interface (the "Router"). Title to the Router shall pass to Customer upon AT &T's completion of the installation of
the Router. AT &T will terminate the Service in the Router's LAN interface, which will be the Service point of
demarcation. Customer is responsible for interfacing its equipment/LAN with the Router. If Customer requests and
agrees to pay time and material charges, the Service interface may be extended to another Customer requested
location. If Customer chooses to terminate its maintenance agreement with AT &T, Customer will become
responsible for all router configurations and configuration requests, and request for support beyond basic access to
the internet, will be performed by DataComm Customer Care solely on a Time and Materials ( "T &M" )basis.
(ii) Provide support for basic connectivity to the internet, as well as up to 10 extended IP access list lines, DHCP on a
router, Port Address Translation (PAT), and static (public to private) NAT. These configuration requirements are to be
provided by Customer prior to installation, and performed at provisioning, or on exception basis, during maintenance.
All other configuration requests by Customers will be performed on a Times and Materials (T &M) basis.
CONFIDENTIAL INFORMATION
The information. contained herein is for use by authorized employees of the parties hereto only and is not for general
distribution within or outside their respective companies.
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SBC PremierSERVs" DEDICATED INTERNET ACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
Unless purchased with the Service, Customer must obtain local transport services ( "Transport ") from a transport provider
for use with the Service and the terms and conditions applicable to those services are not in any way affected by the
terms of this Addendum. Additionally, ANY LONG DISTANCE, MEASURED SERVICE OR TOLL CHARGES INCURRED
BY CUSTOMER TO ACCESS THE SERVICE DURING CUSTOMER'S USE OF THE SERVICE SHALL BE
CUSTOMER'S SOLE RESPONSIBILITY.
XIII. MAINTENANCE AND TESTING
(a) The Parties will cooperate with each other in performing joint tests to the extent reasonably necessary to establish the
Service or to detect, isolate and remedy Service related problems. Joint tests will be at no charge to the other Party, if
such tests are conducted by remote testing systems. If an AT &T on -site technician is necessary and the trouble is
located on Customer's side of the interface, actual material and labor prices at AT &T's standard rates will apply.
AT &T will negotiate and coordinate the maintenance of transmission services with Customer's chosen local transport
provider.
(b) AT &T will perform routine maintenance as is customary to reasonably maintain the Service, Transport, and Router, if
applicable, as described herein. All such maintenance will be performed at no additional charge to Customer if the
fault which gives rise to the maintenance request is determined by AT &T to reside on the AT &T side of the point of
demarcation between AT &T and Customer or in the Router. Actual material and labor prices at AT &T's standard
rates will apply to troubles isolated to COE, to Customer's misuse of the Router, or to any condition on Customer's
side of the point of demarcation between AT &T and Customer.
(c) Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in the
provision of the Service. All computer systems and networks need routine maintenance from time to time. AT &T
generally schedules and performs such maintenance, on an as needed basis, during the times indicated on AT &T's
website (located at http: / /dedicated.sbcis.sbc.com /NDWS /). Not all scheduled network/systems maintenance will
affect Customer's Service. However, AT &T will endeavor to provide Customer five (5) business days advance notice,
or if not possible, reasonable advance notice if AT &T believes that such routine scheduled maintenance will affect
Customer's Service. In the event of a network/systems emergency requiring immediate attention, AT &T reserves the
right to perform emergency maintenance without notice or upon short notice, and shall use all reasonable efforts to
minimize the effect of such work on Customer's Service.
(d) Customer acknowledges and agrees that AT &T has no control over third party networks Customer may access in the
use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the
control of AT &T. AT &T will not be responsible for Customer's inability to access the Internet due to circumstances not
in the direct control of AT &T, such as individual Internet user's own equipment capabilities and /or limitations, Internet
limitations and /or browser software limitations.
XIV.SERVICE LEVEL AGREEMENT (Visit http:lldedicated.sbcis.sbc.com /NDWS /sla/ for SLA Details and Methodology)
(a) Network Service Levels: AT &T agrees to meet the following network service levels:
(i) Network Availability: AT &T's IP Backbone Network, from which it provides SBC PremierSERV Dedicated Internet
Access, will be available 99.99% of the time, based upon a monthly average between AT &T- selected MegaPOP and
MiniPOP endpoints.
(ii) Network Latency: Average round -trip transmissions will be 40 milliseconds or less between AT &T- selected
MegaPOP endpoints within AT &T's IP Network, measured by averaging samples taken during a calendar month
between these endpoints.
(iii) Network Packet Loss: During any calendar month, packet loss will not exceed 0.1% based upon monthly
averages, between AT &T- selected MegaPOP and MiniPOP endpoints within AT &T's IP network.
(iv) Off -net Performance ('AT &T KB40'): The monthly average full -page download time for the Keynote Business 40
websites, from within selected domestic AT &T MegaPOP locations, will not exceed 110% of the US25 Overall metric.
The Keynote Business 40 (KB40) Internet Performance Index measures the average download time for the home
pages of 40 significant US -based business Web Sites. These measurements are taken by automated agents
attached to key points in the Internet backbone in the 25 largest metropolitan areas of the United States.
(b) Network Service Credits: If AT &T fails to meet any of the above monthly aggregate network service levels in a
calendar month, Customer shall be entitled to one (1) day's credit pro -rated from Customer's recurring monthly
charges for the Service for each monthly aggregate service level failed ( "Network Service Credit "). In order to receive
this Network Service Credit, Customer must request a credit by visiting AT &T's SLA website at
http: / /dedicated.sbcis.sbc.com /NDWS /sla /credit.lsp. All Network Service Credit requests must be received by AT &T
by the last day of the month after the monthly aggregate infraction occurred. Failure to comply with this requirement
will forfeit Customer's right to receive a Network Service Credit.
(c) Customer Service Level: AT &T agrees to meet the following Internet availability service level:
CONFIDENTIAL INFORMATION
The information contained herein is for use by authorized employees of the parties hereto only and is not for general
distribution within or outside their respective companies.
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SBC PremierSERVSM DEDICATED INTERNET ACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
(b) EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, AT &T HEREBY DISCLAIMS ANY AND ALL
WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
AT &T MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AT &T MAKE ANY
WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE. AT &T MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE
SERVICE, AND CUSTOMER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT CUSTOMER'S OWN RISK.
END OF DOCUMENT
CONFIDENTIAL INFORMATION
The information contained herein is for use by authorized employees of the parties hereto only and is not for general
distribution within or outside their respective companies.
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B. Description of Minimum Quantities of Service
OPT- E -MANSm Service
Quantity USOC
6 P9FEX
4 R6EDC
1 R6EBB
1 R6ELC
4. QUANTITY OF SERVICE
Description
OPT- E -MAN SM Basic Connect 100M
CIR —
20 Mbps (Silver)
CIR
— 10 Mbps (Bronze)
CIR
— 100 Mbps (Silver)
Pursuant to this Addendum, Customer will be provided the minimum quantities set forth and described in Section
3.B_ above. AT &T will provide additional Service as further described in Section 5.B. below.
PRICES
A. Price for Minimum Quantity
OPT -E -MAN@ Service Total Monthly Price $3,663.00
Customer has elected to pay on a monthly basis for the term of this Addendum. The monthly price set forth
above is for the minimum quantity of Service as set forth and described in Section 3.13. above. The price
includes the monthly service charge for the minimum quantities. The price also includes the nonrecurring
charge to initially provision and install the minimum quantities as set forth in Section 3.B. above. If this
Addendum is terminated prior to the expiration date, Customer shall pay AT &T such nonrecurring charge in
addition to any amounts due under Section 8 below.
If Customer elects to decrease the Service to less than the minimum quantities described in Section 3.13.
above, Customer will continue to pay the monthly price set forth above.
Billing for Service during the six (6) month period after the Cutover Date of this Addendum ( "Ramp Up-
Period") shall begin upon installation of each individual location listed in Section 2.13 above, at a monthly
price of $610.59 each. The Total Monthly Price listed above of $3,663.00 shall begin no later than six (6)
months from the completion of the installation of the first location from among those listed in Section 2.13
above. If all locations are not installed by the end of the Ramp -Up Period, AT &T shall bill the Customer the
Total Monthly Price listed above. If all locations are installed before the end of Ramp -Up Period, AT &T
shall bill the Customer the Total Monthly Price listed above at that earlier time.
Except as specifically stated above, Customer will pay the prevailing tariff nonrecurring charge for all
installations, adds, moves and changes of the Service provided hereunder at the time of installation, add,
move or change.
Prices for Additional Service
If the equipment and facilities (such as outside plant, cable, capacity and memory) are available, Customer
may add additional Service, as described below. AT &T will bill Customer on a monthly basis for the
additional Service.
OPT- E -MANO Service
USOC Description Monthly Price Per Nonrecurring Price Per
USOC USOC
R6EZC CIR — 1 Gbps (Silver) $1,636.25 $75.00
R6EQC CIR — 250 Mbps (Silver) $1,086.25 $75.00
CONFIDENTIAL INFORMATION
This Addendum is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
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WARRANTY AND MAINTENANCE
AT &T warrants that its Service will be in good working order and that the Service will perform in accordance with the
requirements of this Addendum. AT &T will maintain and repair the Service at no additional charge to Customer for
the term of this Addendum. This warranty does not cover repairs for damage caused by an act or omission of
Customer or its officers, agents or employees.
For the term of this Addendum, AT &T will perform such maintenance and repair services as may be required by
AT &T to keep the Service in good working order and to ensure that the Service performs in accordance with the
requirements. Such maintenance and repair services shall not unreasonably interfere with Customer's use of the
Service. AT &T provides, at a minimum, the following: (a) technicians during normal business hours of 8 a.m. to 5
p.m. Monday through Friday and technicians when available outside of normal business hours; (b) dispatch service;
and (c) diagnostic service and network monitoring from AT &T's central office. In the event AT &T dispatches its
service technician to Customer's premises and the service problem is found to be in Customer's equipment, the
maintenance charges set forth in AT &T's Tariffs will apply.
8. TERMINATION CHARGES
A. If this Addendum is terminated or canceled prior to the Effective Date, or if new Service is installed, prior to
the Cutover Date, the termination charge shall be determined as follows:
AT &T's recurring and nonrecurring costs of labor, engineering, nonreusable materials, interest,
transportation, storage, manufacturer's cancellation charges and any other costs incurred by AT &T or its
subcontractors prior to completion of installation, including those expenses incurred in preparation for start
of installation.
B. If this Addendum is terminated or canceled on or after the Effective Date, or if installation of Service is
included, after the Cutover Date, the termination charge shall be determined as follows:
70% of the monthly price X the number of months remaining in the term of this Addendum
Plus any unrecovered nonrecurring charges owed to AT &T on the date of termination.
If Customer or AT &T terminates this Addendum and a termination charge is due pursuant to the
Agreement, AT &T shall compute the termination charges, as set forth above, and render a bill to Customer.
Customer shall pay such bill pursuant to the terms of the Agreement.
C. The termination charges set forth above shall apply if this Addendum is terminated by the Customer for
convenience or canceled by AT &T for Customer's default.
9. LIMITATION OF LIABILITY
A. AT &T's liability for errors or omissions in its provision of Service is governed by Schedule Cal. P.U.C. No.
A2.1, Rule 14. The relevant portion of that tariff is set forth below. (The Utility means AT &T.)
1) The provisions of this rule do not apply to errors and omissions caused by willful misconduct,
fraudulent conduct or violations of law.
2) In the event an error or omission is caused by the gross negligence of the Utility, the liability of the
Utility shall be limited to and in no event exceed the sum of $10,000.
3) The Utility will not provide a credit allowance for interruptions of service caused by the Customer's
facilities, equipment, or systems.
4) Except as provided in 9.A.1 and 9.A.2 above, the liability of Utility for damages arising out of mistakes,
omissions, interruptions, delays, errors or defects in any of the services or facilities furnished by Utility
up to and including its local loop demarcation point, including exchange, toll, private line,
supplemental equipment, alphabetical directory listings (excluding the use of bold face type) and all
other services, shall in no event exceed an amount equal to the pro rata charges to the Customer for
the period during which the services or facilities are affected by the mistake, omission, interruption,
CONFIDENTIAL INFORMATION
This Addendum is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
0510tp1621004.3 Rate Letter# 102336.2.1 4 of 6 120505bh
H. Customer hereby warrants that the person signing this Addendum has the authority of Customer to bind
Customer to this Addendum.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the date shown below by their
respective duly authorized representatives.
CITY OF ROHNERT PARK AT &T GLOBAL SERVICES, INC. ON BEHALF OF
PACIFIC BELL TELEPHONE COMPANY
dba SBC CALIFORNIA
By:
Printed Name:
Title:
Date:
0
Printed Name:
Title:
CONFIDENTIAL INFORMATION
This Addendum is for use by authorized employees of the parties hereto only and is not for general distribution within or
outside their companies.
0510tp1621004.3 Rate Letter# 102336.2.1 6 of 6 120505bh
MARSH CERTIFICATE, OF INSURANCE CERTIFICATE NUMBER
CHI- 001375721 -01
PRODUCER
Marsh USA, Inc.
800 Market Street, Suite 2600
St. Louis, MO 63101 -2500
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: SBC Cert. Specialist (314)342 -7021
COMPANIES AFFORDING COVERAGE
' COMPANY
9999 - S.I.- Cas -05 -06 Pac Be
A SELF- INSURED PROGRAM
INSURED
COMPANY
SBC Communications Inc.
B N/A
Pacific Bell Telephone Company
175 E. Houston St., 7 -R -5
San Antonio, TX 78205
_ — - -- -- — —
COMPANY
C N/A
COMPANY
D
COVERAGES This certificate supersedes and replaces
any previously issued certificate for the policy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CID TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMIDDIYY) DATE (MM /DD /YY)
A
GENERAL LIABILITY
Self- Insured
06/01/05 106/01/06
GENERAL AGGREGATE
$ 10,000,000
X COMMERCIAL GENERAL LIABILITY
j
PRODUCTS - COMP /OP AGG
- --
$ 10,000,000
- --
l CLAIMS MADE [XI OCCUR
I
PERSONAL & ADV INJURY
$ 10,000,000
EACH OCCURRENCE 1$
10,000,000
._I
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE(Anyonefire)__L$_
_
10,000,000
!
MED EXP (Any one person) is
10,000,000
A
AUTOMOBILE
LIABILITY
Self- Insured ;06/01/05
06/01/06
COMBINED SINGLE LIMIT i
$ 10,000,000
X
ANY AUTO
1
BODILY INJURY
(Per person) -
$
ALL OWNED AUTOS
I
SCHEDULED AUTOS
HIRED AUTOS
------- �
- - -.— --
BODILY INJURY
(Per accident)
$
NON -OWNED AUTOS
--
PROPERTY DAMAGE
$
--
I
I
— ---- –
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
_
THAN AUTO
-_—
ANY AUTO
I
_OTHER ,ONLY
EACH ACCIDENT
— - -
$
- --
AGGREGATE
$
EXCESS LIABILITY
-
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
I
.
$
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
Self- Insured
06/01/05
06/01/06
WC STATU- OTH
LIMITS X ER
___TORY
EL EACH ACCIDENT
$
EL DISEASE - POLICY
$ _
THE PROPRIETOR/ INCL
PARTNERS /E 'ECUTfVE
OFFICERS ARE EXCL
_LIMIT
EL DISEASE -EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS
Pacific Bell Telephone Company is self- insured for General Liability, Automobile Liability and Workers' Compensation. As such, there is no physical policy to
which amendatory wording can be added. Please refer to the terms of your agreement with Pacific Bel Telephone Company to address any amendatory
wording.
CERTIFICATE, ` ;,
CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3Q DAYS WRITTE14 NOTICE TO THE
City of Rohnert Park
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn: Angie Smith, Purchasing Agent
P.O. Box 1489
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES OR THE
Rohnert Park, CA 94927
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
BY: Alfred A. Peterfeso W,�J
MMt(31D2) VALID AS OF: 12/01/05