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07-197 Resolution No. 07-197 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH AT&T GLOBAL SERVICES FOR HIGH SPEED SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,be and is hereby authorized and directed to execute agreements on behalf of the City of Elgin with AT&T Global Services for high speed service, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AT&T Custom DS1 Illinois Century Network Access AUG 2 3 2007 For Non-Educational Constituants Service Agreement 20070824 -0,93q Order Type ❑ New Install ® Renewal Requested Installation Date Term Payment Plan/Monthly Charge: 36 Months Term Payment Plan/Monthly Charge: 60 Months LDCs @ $112.50 ea x (Qty)= Subtotal LDCs @$98 ea x 2(Qty)= 196.00 Subtotal CMTs @$18.75 ea x 2= Subtotal CMTs @$13.50 ea x 2 = Subtotal CM @ $6.50 ea x (Qty)= Subtotal CM @ $5.65 ea x (Qty)= Subtotal Or>_30 miles $6.50 X 30= $195.00 Subtotal Or?30 miles $5.65 X 30 =$169.50 Subtotal Total: Total:$196.00 Nonrecurring Service Charges Waived$0.00 Circuit Location Addresses: 151 Douglas Av, Elgin, II LSO 847-931 DHZ/845166 1551 Dundee Av, Elgin, II LSO 847-931 Your signature acknowledges that you understand and accept the terms and conditions for DS1 Service and that you are authorized to make the commitments under this Agreement. CUSTO AT&T GLOBAL S VICES __ Authorized 1u5rom-r Signature • Authorized AT&T Signature OLUFEMI 'OLA' AGER Print Name and Title Print Name and Title KATHLEEN BARTLETT August 8, 2007 Contract Management Date Date City of Elgin Company Name 150 Dexter Court Billing Address Elgin, Illinois 60120 City, State,Zip 847-Z99-1977 Existing Billing Account Number(if applicable) Sales infctrmatiiort Channel: Direct Sales Order Center: ❑ AIPC ❑ABSC Name: Katia Fik Center Location: Phone: 847-248-8400 Promotion Code: ❑ NE36 ® NE60 Fax: 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845166 6 4 07.docPage 3 of 3 RBOC reg 6/12/2007 LW4871 ;• AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants Service Agreement This Agreement is entered into as of the date of the last signature hereto(the"Effective Date")between SBC Global Services, Inc. dba AT&T Global Services, on behalf of Illinois Bell Telephone Company dba AT&T Illinois ("AT&T"), and City of Elgin with offices at 151 Douglas Av, Elgin, Illinois ("Customer"). In consideration of the covenants and undertakings herein, the parties agree as follows: 1. Description of Service - In accordance with the terms and conditions herein, AT&T shall provide 1.544 MBPS High Capacity Digital Service Channels ("DS1 Service") for data and/or video transport between (i) two Illinois Century Network ("ICN") sites, (ii) between an ICN site, or ICN Central Office Multiplexer, and a non-educational constituent or(iii)between a non-educational constituent and another non-educational constituent as designated on page 3. 2. Term-The term for providing the DS1 Service corresponds to the term payment plan selected by Customer on page 3. Upon completion of the DS1 Service term, Customer may continue receiving the DS1 Service at the then-current rates under any available payment plan. If Customer does not select a new payment plan and does not request discontinuance of the DS1 Service prior to expiration of the term, the month-to-month tariff rates in effect at such time will automatically apply. 3. Rates-Customer shall pay the Monthly Charge shown on page 3, which shall not be subject to increases during the term of this Agreement. All invoices from and payments due to AT&T shall be made in accordance with AT&T's standard billing procedures. AT&T shall waive 100% of the Nonrecurring Charge for a thirty-six (36) or sixty (60) month term. 4. Applicable Tariff Regulations - The general regulations of AT&T under ICC No. 20 applicable to communications service apply to the DS1 Service provided hereunder. The regulations of ICC No. 19, Part 15 apply to the DS1 Service provided hereunder, unless they are inconsistent with the terms of this Agreement. In the event of an inconsistency between provisions of the tariff and the terms of this Agreement, the terms of this Agreement shall control. 5. Installation and Cutover- Consistent with the availability of certain equipment and facilities on AT&T's side of the NETPOP, AT&T shall develop and advise Customer of the installation and cutover schedule. Cutover shall be deemed to have occurred when the DS1 Service is substantially provided to Customer. If AT&T's performance is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any force majeure condition, AT&T shall have the right to extend cutover for a reasonable period of time, at least equal to the period of such delay. If Customer cancels this Agreement before the DS1 Service is established, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities. 6. Service and Maintenance Obligations-AT&T represents to Customer that the DS1 Service will operate materially in accordance with the service description set forth in the tariff. If, under normal and proper use, the DS1 Service fails to perform substantially as specified above, and Customer notifies AT&T within the term, AT&T shall correct such service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report service problems seven (7) days per week and twenty-four(24) hours per day. AT&T's repair obligation does not include damage,defects, malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the NETPOP so as to enable AT&T to perform maintenance or repair work. In the event of an interruption in the DS1 Service, a credit allowance shall be made for the affected portion of the DS1 Service to the extent specified in ICC No. 20, Part 2, Section 2; Part 15, Section 14. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T, FOR LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATION OF AT&T AS SET FORTH IN THIS AGREEMENT. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845166 6 4 07.docPage 1 of 3 RBOC_reg 6/12/2007 LW4871 AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants Service Agreement 7. Termination for Convenience - In the event Customer terminates the Service in whole or in part prior to the expiration of the term plan (except as otherwise permitted in this Order), Customer will be liable for an early termination charge, which will be equal to 50 percent (50%)of all recurring charges for the remaining months of the customer's term plus any unpaid Special Construction or nonrecurring charges(excluding any waived charges). 8. Limitation of Damages-The liability of AT&T for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing the DS1 Service, and not caused by the negligence of Customer, shall in no event exceed an amount equivalent to the proportionate charge to Customer for the period of Service during which such mistake,omission, interruption, delay, error or defect in transmission occurs. No other liability shall in any case attach to AT&T. 9. Assignment-Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of AT&T which shall not be unreasonably withheld or delayed. 10. Taxes and Additional Charges - Customer shall remit to AT&T all applicable federal, state and local taxes and all applicable municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any or all such taxes and charges. 11. Notices - Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally or sent by express delivery service, certified mail, postage prepaid, and addressed to the parties at the addresses set forth on the front page. Notices shall be deemed given as of the date of receipt, the next business day when sent via express delivery service or three(3)days after mailing in the case of U.S. mail. 12. Publicity- Neither party shall identify, either expressly or by implication, the other party or its corporate affiliates or use any of their names, trademarks, trade names, service marks or other proprietary marks in any advertising, press releases, publicity matters or other promotional materials without such party's prior written consent. 13. Severability - If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 14. Waiver-Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a waiver of such term, condition, right or privilege in the future. 15. Breach-Either party may terminate this Agreement, or an appropriate portion of this Agreement if such breach does not affect the entire Agreement, immediately following written notice in the event the other party is in default as to any of its material obligations hereunder, provided (a)the defaulting party receives notice of termination containing a reasonably complete description of the default, and (b)the defaulting party fails to cure such default within thirty(30) days of receiving such notice or ten(10)days of such notice if the default is nonpayment. 16. Entire Agreement-This Agreement and the applicable tariff are the complete agreement between the parties and supersede any discussions, representation or proposals, written or oral, concerning the DS1 Service. This Agreement may not be modified except by a writing signed by both parties. 17. Jurisdiction - Based on FCC Rules and Regulations, the attached pricing is offered via the AT&T state tariff and is based on customer acknowledgement and certification to AT&T that total interstate traffic on the circuit(s)constitutes 10%or less of the total traffic on the DS1 service. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845166 6 4 07.docPage 2 of 3 RBOCreg 6/12/2007 LW.871 ,cy OF ES Agenda Item No. ` 1 City of Elgin '1 July 20, 2007 TO: Mayor and Members of the City Council e rrxuuu�FROM: Olufemi Folarin, City Manager �Sol ( rr Robert Duffy, Deputy Chief of olice SUBJECT: Agreement with AT&T Global Services for High Speed Service PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider acceptance of a renewal agreement with AT&T Global Services to provide high capacity/speed connectivity (DS1 Service) lines between the Emergency Communications Center and the four (4) radio towers for the next five (5) years (60 months). RECOMMENDATION It is recommended that the City Council accept the five (5) year (60 month) renewal agreement with AT&T Global Services and pay a monthly invoice in the amount of$784 plus applicable taxes. BACKGROUND Elgin Emergency Communications Center relies on four (4) radio tower sites for public safety transmit and receive capability. These four (4) tower sites are connected to each other and the Emergency Communications Center via dedicated, high speed/capacity digital service lines/channels provided and maintained by AT&T Global Services. AT&T Global Services is the sole provider of these high speed/capacity digital service lines/channels (DS 1 Service) in the Elgin area. The City of Elgin's agreement with AT&T Global Services to provide DS1 Services expired in February 2007 where the monthly charge was approximately $1,200 per month. The five year renewal agreement between the City of Elgin and AT&T Global Services will result in a savings of approximately $200 a month compared to the previous agreement between the parties. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Emergency Telephone Services Board (ETSB) recommends monthly invoice payment based upon the facts stated in the Background of this memorandum. .. e,.... AT&T High Speed Agreement July 20, 2007 Page 2 9Lik____ FINANCIAL IMPACT The agreement with AT&T Global Services will cost $784 per month over a five (5) year period for a total of$47,040. There are sufficient funds budgeted ($57,390) and available ($12,701.89) in the General Fund, Police Department Emergency Communications, Utilities/Telephone, account number 010-2306-731.38-01, to pay for the monthly charges through the end of the year. Funds will need to be allocated in future budgets to pay for the remaining portion of the five year agreement. LEGAL IMPACT Pfr4/1None ALTERNATIVES 1. The City Council may choose to prepay the entire five (5) year (60 month)renewal agreement in the amount of$47,040, plus applicable surcharges and taxes. 2. The City Council may choose not to renew the Agreement with AT&T Global Services for high speed/capacity DS1 services. Respectfully submitted for Council consideration. RD pauFE MEMORANDUM ELGI ILL. TO: Diane Robertson City Clerk FROM: Henry Gralak • 61A• Director, Emergency Communications SUBJECT: AT&T Global Services Agreements for T1 Connectivity For Elgin Emergency Communications Transmission Sites Reference: City Council Resolution 07-197 DATE: October 19, 2007 Attached are four (4) AT&T Custom DS1 Service Agreements, executed by both the City Elgin (Olufemi Folarin) and AT&T (Kathleen Bartlett). AT&T Custom DSI Illinois Century Network Access • AUG 2 3 7.00 1 For Non-Educational Constituants Service Agreement 200 ' 0924 — UA.3cte' Order Type ❑ New Install ® Renewal Requested Installation Date Term Payment Plan/Monthly Charge: 36 Months Term Payment Plan/Monthly Charge: 60 Months LDCs @$112.50 ea x (Qty)= Subtotal LDCs @$98 ea x 2(Qty)= 196.00 Subtotal CMTs @$18.75 ea x 2= Subtotal CMTs @$13.50 ea x 2= Subtotal CM @ $6.50 ea x (Qty)= Subtotal CM @ $5.65 ea x (Qty)= Subtotal Or>_30 miles $6.50 X 30= $195.00 Subtotal Or?30 miles $5.65 X 30 =$169.50 Subtotal Total: Total:$196.00 Nonrecurring Service Charges Waived$0.00 (� Circuit Location Addresses: 151 Douglas Av, Elgin, II LSO 847-931 DHZ/845165 74 N.Airlite, Elgin, II LSO 847-931 Your signature acknowledges that you understand and accept the terms and conditions for DS1 Service and that you are authorized to make the commitments under this Agreement. CUS R AT&T GLOB SERVICES/2,;a_f_k_ 44i,/,4z (wet.Authors —. .mer Signa - - Authorized AT&T Signature OLUFE I FOL RIN', - '- • MANAGER KATHLEEN BARTLETT Print Name an. Title Print Name and T1ntr0Ct Management August 8, 2007 1-0/(-0 Date Date City of Elgin Company Name 150 Dexter Court Billing Address Elgin, Illinois 60120 City, State,Zip 847-Z99-1977 Existing Billing Account Number(if applicable) Sales Information `�.. F � ��o�� . �y ��A� '.w •o � 7"`- ..a.Y ... .... �.'v .,,.. ..\ Channel: Direct Sales Order Center: ❑ AIPC ❑ABSC Name: Katia Fik Center Location: Phone: 847-248-8400 Promotion Code: ❑ NE36 Z NE60 Fax: 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. Custom_DS1_ICN_Agreement_Non Ed DHZA 845165 6 4 07.docPage 3 of 3 RBOC_reg 6/12/2007 LW4871 . AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants Service Agreement This Agreement is entered into as of the date of the last signature hereto(the"Effective Date")between SBC Global Services, Inc. dba AT&T Global Services, on behalf of Illinois Bell Telephone Company dba AT&T Illinois ("AT&T"), and City of Elgin with offices at 151 Douglas Av, Elgin, Illinois("Customer"). In consideration of the covenants and undertakings herein, the parties agree as follows: 1. Description of Service- In accordance with the terms and conditions herein, AT&T shall provide 1.544 MBPS High Capacity Digital Service Channels ("DS1 Service") for data and/or video transport between (i) two Illinois Century Network ("ICN") sites, (ii) between an ICN site, or ICN Central Office Multiplexer, and a non-educational constituent or(iii)between a non-educational constituent and another non-educational constituent as designated on page 3. 2. Term-The term for providing the DS1 Service corresponds to the term payment plan selected by Customer on page 3. Upon completion of the DS1 Service term, Customer may continue receiving the DS1 Service at the then-current rates under any available payment plan. If Customer does not select a new payment plan and does not request discontinuance of the DS1 Service prior to expiration of the term, the month-to-month tariff rates in effect at such time will automatically apply. 3. Rates -Customer shall pay the Monthly Charge shown on page 3,which shall not be subject to increases during the term of this Agreement. All invoices from and payments due to AT&T shall be made in accordance with AT&T's standard billing procedures. AT&T shall waive 100% of the Nonrecurring Charge for a thirty-six (36) or sixty (60) month term. 4. Applicable Tariff Regulations - The general regulations of AT&T under ICC No. 20 applicable to communications service apply to the DS1 Service provided hereunder. The regulations of ICC No. 19, Part 15 apply to the DS1 Service provided hereunder, unless they are inconsistent with the terms of this Agreement. In the event of an inconsistency between provisions of the tariff and the terms of this Agreement, the terms of this Agreement shall control. 5. Installation and Cutover- Consistent with the availability of certain equipment and facilities on AT&T's side of the NETPOP, AT&T shall develop and advise Customer of the installation and cutover schedule. Cutover shall be deemed to have occurred when the DS1 Service is substantially provided to Customer. If AT&T's performance is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any force majeure condition, AT&T shall have the right to extend cutover for a reasonable period of time, at least equal to the period of such delay. If Customer cancels this Agreement before the DS1 Service is established, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities. 6. Service and Maintenance Obligations -AT&T represents to Customer that the DS1 Service will operate materially in accordance with the service description set forth in the tariff. If, under normal and proper use, the DS1 Service fails to perform substantially as specified above, and Customer notifies AT&T within the term, AT&T shall correct such service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report service problems seven (7)days per week and twenty-four(24)hours per day. AT&T's repair obligation does not include damage, defects, malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the NETPOP so as to enable AT&T to perform maintenance or repair work. In the event of an interruption in the DS1 Service, a credit allowance shall be made for the affected portion of the DS1 Service to the extent specified in ICC No. 20, Part 2, Section 2; Part 15,Section 14. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T, FOR LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATION OF AT&T AS SET FORTH IN THIS AGREEMENT. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845165 6 4 07.docPage 1 of 3 RBOC_reg 6/12/2007 LW4871 AT&T Custom DS1 Illinois Century Network Access . For Non-Educational Constituants Service Agreement 7. Termination for Convenience - In the event Customer terminates the Service in whole or in part prior to the expiration of the term plan (except as otherwise permitted in this Order), Customer will be liable for an early termination charge, which will be equal to 50 percent(50%)of all recurring charges for the remaining months of the customer's term plus any unpaid Special Construction or nonrecurring charges(excluding any waived charges). 8. Limitation of Damages-The liability of AT&T for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing the DS1 Service, and not caused by the negligence of Customer, shall in no event exceed an amount equivalent to the proportionate charge to Customer for the period of Service during which such mistake, omission, interruption, delay, error or defect in transmission occurs. No other liability shall in any case attach to AT&T. 9. Assignment-Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of AT&T which shall not be unreasonably withheld or delayed. 10. Taxes and Additional Charges - Customer shall remit to AT&T all applicable federal, state and local taxes and all applicable municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any or all such taxes and charges. 11. Notices - Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally or sent by express delivery service, certified mail, postage prepaid, and addressed to the parties at the addresses set forth on the front page. Notices shall be deemed given as of the date of receipt, the next business day when sent via express delivery service or three(3)days after mailing in the case of U.S. mail. 12. Publicity- Neither party shall identify, either expressly or by implication, the other party or its corporate affiliates or use any of their names, trademarks, trade names, service marks or other proprietary marks in any advertising, press releases, publicity matters or other promotional materials without such party's prior written consent. 13. Severability - If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 14. Waiver-Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a waiver of such term, condition, right or privilege in the future. 15. Breach-Either party may terminate this Agreement,or an appropriate portion of this Agreement if such breach does not affect the entire Agreement, immediately following written notice in the event the other party is in default as to any of its material obligations hereunder, provided (a)the defaulting party receives notice of termination containing a reasonably complete description of the default, and (b)the defaulting party fails to cure such default within thirty(30) days of receiving such notice or ten(10)days of such notice if the default is nonpayment. 16. Entire Agreement-This Agreement and the applicable tariff are the complete agreement between the parties and supersede any discussions, representation or proposals, written or oral, concerning the DS1 Service. This Agreement may not be modified except by a writing signed by both parties. 17. Jurisdiction - Based on FCC Rules and Regulations, the attached pricing is offered via the AT&T state tariff and is based on customer acknowledgement and certification to AT&T that total interstate traffic on the circuit(s)constitutes 10%or less of the total traffic on the DS1 service. 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. Custom_DS1_ICN_Agreement Non_Ed DHZA 845165 6 4 07.docPage 2 of 3 RBOC_reg 6/12/2007 LW4871 AT&T Custom DS1 Illinois Century Network Access AUG 2 3 2001 For Non-Educational Constituants Service Agreement 20070824 _x); ' Order Type ❑ New Install ® Renewal Requested Installation Date Term Payment Plan/Monthly Charge: 36 Months Term Payment Plan/Monthly Charge: 60 Months LDCs @$112.50 ea x (Qty)= Subtotal LDCs @$98 ea x 2 (Qty)= 196.00 Subtotal CMTs @$18.75 ea x 2= Subtotal CMTs @$13.50 ea x 2= Subtotal CM @ $6.50 ea x (Qty)= Subtotal CM @ $5.65 ea x (Qty)= Subtotal Or>_30 miles $6.50 X 30= $195.00 Subtotal Or 30 miles $5.65 X 30 =$169.50 Subtotal Total: Total:$196.00 Nonrecurring Service Charges Waived $0.00 Circuit Location Addresses: 151 Douglas Av, Elgin, II LSO 847-931 DHZ.845167 120 S. State, Elgin, II LSO 847-931 Your signature acknowledges that you understand and accept the terms and conditions for DS1 Service and that you are authorized to make the commitments under this Agreement. CUSTOM - AT&T GLOBAL SERVI S Authorized Cus Omer ignature Authorized AT&T Signature OLUFEMI FOL •IN, C ' AGER IQ L— Ar TL2 U Print Name and Title Print Name and T&ntraCt Management August 8, 2007 f aV 0? Date Date City of Elgin Company Name 150 Dexter Court Billing Address Elgin, Illinois 60120 City, State,Zip 847-Z99-1977 Existing Billing Account Number(if applicable) Sales information ti. _. � _ .. . ....,. .. Order �p � Channel: Direct Sales Order Center: ❑ AIPC ❑ABSC Name: Katia Fik Center Location: Phone: 847-248-8400 Promotion Code: ❑ NE36 ® NE60 Fax: 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845167 6 4 07.docPage 3 of 3 RBOC_reg 6/12/2007 LW4871 7. AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants • Service Agreement This Agreement is entered into as of the date of the last signature hereto(the"Effective Date")between SBC Global Services, Inc. dba AT&T Global Services, on behalf of Illinois Bell Telephone Company dba AT&T Illinois ("AT&T"), and City of Elgin with offices at 151 Douglas Av, Elgin, Illinois("Customer"). In consideration of the covenants and undertakings herein, the parties agree as follows: 1. Description of Service- In accordance with the terms and conditions herein,AT&T shall provide 1.544 MBPS High Capacity Digital Service Channels ("DS1 Service") for data and/or video transport between (i) two Illinois Century Network ("ICN") sites, (ii) between an ICN site, or ICN Central Office Multiplexer, and a non-educational constituent or(iii)between a non-educational constituent and another non-educational constituent as designated on page 3. 2. Term-The term for providing the DS1 Service corresponds to the term payment plan selected by Customer on page 3. Upon completion of the DS1 Service term, Customer may continue receiving the DS1 Service at the then-current rates under any available payment plan. If Customer does not select a new payment plan and does not request discontinuance of the DS1 Service prior to expiration of the term, the month-to-month tariff rates in effect at such time will automatically apply. 3. Rates-Customer shall pay the Monthly Charge shown on page 3, which shall not be subject to increases during the term of this Agreement. All invoices from and payments due to AT&T shall be made in accordance with AT&T's standard billing procedures. AT&T shall waive 100% of the Nonrecurring Charge for a thirty-six (36) or sixty (60) month term. 4. Applicable Tariff Regulations - The general regulations of AT&T under ICC No. 20 applicable to communications service apply to the DS1 Service provided hereunder. The regulations of ICC No. 19, Part 15 apply to the DS1 Service provided hereunder, unless they are inconsistent with the terms of this Agreement. In the event of an inconsistency between provisions of the tariff and the terms of this Agreement, the terms of this Agreement shall control. 5. Installation and Cutover-Consistent with the availability of certain equipment and facilities on AT&T's side of the NETPOP, AT&T shall develop and advise Customer of the installation and cutover schedule. Cutover shall be deemed to have occurred when the DS1 Service is substantially provided to Customer. If AT&T's performance is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any force majeure condition, AT&T shall have the right to extend cutover for a reasonable period of time, at least equal to the period of such delay. If Customer cancels this Agreement before the DS1 Service is established, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities. 6. Service and Maintenance Obligations -AT&T represents to Customer that the DS1 Service will operate materially in accordance with the service description set forth in the tariff. If, under normal and proper use, the DS1 Service fails to perform substantially as specified above, and Customer notifies AT&T within the term, AT&T shall correct such service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report service problems seven (7)days per week and twenty-four(24) hours per day. AT&T's repair obligation does not include damage,defects, malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the NETPOP so as to enable AT&T to perform maintenance or repair work. In the event of an interruption in the DS1 Service, a credit allowance shall be made for the affected portion of the DS1 Service to the extent specified in ICC No. 20, Part 2, Section 2; Part 15, Section 14. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T, FOR LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATION OF AT&T AS SET FORTH IN THIS AGREEMENT. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845167 6 4 07.docPage 1 of 3 RBOCreg 6/12/2007 LW-4-871 • AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants Service Agreement 7. Termination for Convenience - In the event Customer terminates the Service in whole or in part prior to the expiration of the term plan (except as otherwise permitted in this Order), Customer will be liable for an early termination charge, which will be equal to 50 percent(50%)of all recurring charges for the remaining months of the customer's term plus any unpaid Special Construction or nonrecurring charges(excluding any waived charges). 8. Limitation of Damages-The liability of AT&T for damages arising out of mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of furnishing the DS1 Service, and not caused by the negligence of Customer, shall in no event exceed an amount equivalent to the proportionate charge to Customer for the period of Service during which such mistake, omission, interruption, delay,error or defect in transmission occurs. No other liability shall in any case attach to AT&T. 9. Assignment-Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of AT&T which shall not be unreasonably withheld or delayed. 10. Taxes and Additional Charges - Customer shall remit to AT&T all applicable federal, state and local taxes and all applicable municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any or all such taxes and charges. 11. Notices - Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally or sent by express delivery service, certified mail, postage prepaid, and addressed to the parties at the addresses set forth on the front page. Notices shall be deemed given as of the date of receipt, the next business day when sent via express delivery service or three(3)days after mailing in the case of U.S. mail. 12. Publicity- Neither party shall identify, either expressly or by implication, the other party or its corporate affiliates or use any of their names, trademarks,trade names, service marks or other proprietary marks in any advertising, press releases, publicity matters or other promotional materials without such party's prior written consent. 13. SevPrability - If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 14. Waiver- Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a waiver of such term,condition, right or privilege in the future. 15. Breach-Either party may terminate this Agreement,or an appropriate portion of this Agreement if such breach does not affect the entire Agreement, immediately following written notice in the event the other party is in default as to any of its material obligations hereunder, provided (a)the defaulting party receives notice of termination containing a reasonably complete description of the default,and (b)the defaulting party fails to cure such default within thirty(30) days of receiving such notice or ten(10)days of such notice if the default is nonpayment. 16. Entire Agreement- This Agreement and the applicable tariff are the complete agreement between the parties and supersede any discussions, representation or proposals, written or oral, concerning the DS1 Service. This Agreement may not be modified except by a writing signed by both parties. 17. Jurisdiction - Based on FCC Rules and Regulations, the attached pricing is offered via the AT&T state tariff and is based on customer acknowledgement and certification to AT&T that total interstate traffic on the circuit(s)constitutes 10%or less of the total traffic on the DS1 service. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 845167 6 4 07.docPage 2 of 3 RBOC reg 6/12/2007 LW4871 AT&T Custom DS1 Illinois Century Network Access AUG 2 3 2007 For Non-Educational Constituents Service Agreement 20070824_0?4( Order Type ❑ New Install ® Renewal Requested Installation Date Term Payment Plan/Monthly Charge: 36 Months Term Payment Plan/Monthly Charge: 60 Months LDCs @$112.50 ea x (Qty)= Subtotal LDCs @$98 ea x 2 (Qty)= 196.00 Subtotal CMTs @ $18.75 ea x 2= Subtotal CMTs @ $13.50 ea x 2= Subtotal CM @ $6.50 ea x (Qty)= Subtotal CM @ $5.65 ea x (Qty)= Subtotal Or>_30 miles $6.50 X 30= $195.00 Subtotal Or>_30 miles $5.65 X 30 =$169.50 Subtotal Total: Total:$196.00 Nonrecurring Service Charges Waived $0.00 Circuit Location Addresses: 151 Douglas Av, Elgin, II LSO 847-695 DHZA 004828 10N459 Nestler Rd, Elgin, II LSO 847-695 Your signature acknowledges that you understand and accept the terms and conditions for DS1 Service and that you are authorized to make the commitments under this Agreement. CUSTO ER AT&T GLOBAL ERVICES tp Authorize. . to• er Signature Authorized AT&T Signature OLUFEMI FOLe,"IN, 'MANAGER KATHLEEN BAPT' Tf Print Name and Title Print Name and. 2ntract McIr. 1cnt August 8, ; 2007 B�oZ Q� Date Date City of Elgin Company Name 150 Dexter Court Billing Address Elgin, Illinois 60120 City, State,Zip 847-Z99-1977 Existing Billing Account Number(if applicable) \\ \fOtt e 011; \ \7 e- :\ � o ;., Channel: Direct Sales Order Center: ❑ AIPC ❑ABSC Name: Katia Fik Center Location: Phone: 847-248-8400 Promotion Code: ❑ NE36 ® NE60 Fax: 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 004828 6 4 07.docPage 3 of 3 RBOC_reg 6/12/2007 LW4871 AT&T Custom DS1 Illinois Century Network Access For Non-Educational Constituants Service Agreement This Agreement is entered into as of the date of the last signature hereto(the"Effective Date")between SBC Global Services, Inc. dba AT&T Global Services, on behalf of Illinois Bell Telephone Company dba AT&T Illinois ("AT&T"), and City of Elgin with offices at 151 Douglas Av, Elgin, Illinois("Customer"). In consideration of the covenants and undertakings herein, the parties agree as follows: 1. Description of Service- In accordance with the terms and conditions herein,AT&T shall provide 1.544 MBPS High Capacity Digital.Service Channels ("DS1 Service") for data and/or video transport between (i) two Illinois Century Network ("ICN") sites, (ii) between an ICN site, or ICN Central Office Multiplexer, and a non-educational constituent or(iii)between a non-educational constituent and another non-educational constituent as designated on page 3. 2. Term-The term for providing the DS1 Service corresponds to the term payment plan selected by Customer on page 3. Upon completion of the DS1 Service term, Customer may continue receiving the DS1 Service at the then-current rates under any available payment plan. If Customer does not select a new payment plan and does not request discontinuance of the DS1 Service prior to expiration of the term, the month-to-month tariff rates in effect at such time will automatically apply. 3. Rates-Customer shall pay the Monthly Charge shown on page 3,which shall not be subject to increases during the term of this Agreement. All invoices from and payments due to AT&T shall be made in accordance with AT&T's standard billing procedures. AT&T shall waive 100% of the Nonrecurring Charge for a thirty-six (36) or sixty (60) month term. 4. Applicable Tariff Regulations - The general regulations of AT&T under ICC No. 20 applicable to communications service apply to the DS1 Service provided hereunder. The regulations of ICC No. 19, Part 15 apply to the DS1 Service provided hereunder, unless they are inconsistent with the terms of this Agreement. In the event of an inconsistency between provisions of the tariff and the terms of this Agreement, the terms of this Agreement shall control. 5. Installation and Cutover- Consistent with the availability of certain equipment and facilities on AT&T's side of the NETPOP, AT&T shall develop and advise Customer of the installation and cutover schedule. Cutover shall be deemed to have occurred when the DS1 Service is substantially provided to Customer. If AT&T's performance is delayed due to changes, acts, or omissions of Customer, or Customer's contractor, or due to any force majeure condition, AT&T shall have the right to extend cutover for a reasonable period of time, at least equal to the period of such delay. If Customer cancels this Agreement before the DS1 Service is established, Customer shall reimburse AT&T for all expenses incurred in processing the order and in installing the required equipment and facilities. 6. Service and Maintenance Obligations -AT&T represents to Customer that the DS1 Service will operate materially in accordance with the service description set forth in the tariff. If, under normal and proper use, the DS1 Service fails to perform substantially as specified above, and Customer notifies AT&T within the term, AT&T shall correct such service degradations or failures without charge to Customer in accordance with the provisions herein. Customer may report service problems seven (7) days per week and twenty-four(24) hours per day. AT&T's repair obligation does not include damage, defects, malfunctions service degradations or failures caused by Customer's or a third party's abuse, intentional misuse, unauthorized use or negligent acts or omissions. In addition, the foregoing repair obligation applies only if Customer provides AT&T with access on its side of the NETPOP so as to enable AT&T to perform maintenance or repair work. In the event of an interruption in the DS1 Service, a credit allowance shall be made for the affected portion of the DS1 Service to the extent specified in ICC No. 20, Part 2, Section 2; Part 15,Section 14. THE FOREGOING REPRESENTATION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AGAINST AT&T, FOR LOSS OR DAMAGE CAUSED BY, OR ARISING IN CONNECTION WITH, THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE SHALL BE THE OBLIGATION OF AT&T AS SET FORTH IN THIS AGREEMENT. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 004828 6 4 07.docPage 1 of 3 RBOC_reg 6/12/2007 LW4871 • AT&T Custom DS1 Illinois Century Network Access • For Non-Educational Constituants Service Agreement 7. Termination for Convenience - In the event Customer terminates the Service in whole or in part prior to the expiration of the term plan (except as otherwise permitted in this Order), Customer will be liable for an early termination charge, which will be equal to 50 percent (50%)of all recurring charges for the remaining months of the customer's term plus any unpaid Special Construction or nonrecurring charges(excluding any waived charges). 8. Limitation of Damages-The liability of AT&T for damages arising out of mistakes, omissions, interruptions,delays, errors or defects in transmission occurring in the course of furnishing the DS1 Service, and not caused by the negligence of Customer, shall in no event exceed an amount equivalent to the proportionate charge to Customer for the period of Service during which such mistake, omission, interruption, delay, error or defect in transmission occurs. No other liability shall in any case attach to AT&T. 9. Assignment-Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of AT&T which shall not be unreasonably withheld or delayed. 10. Taxes and Additional Charges - Customer shall remit to AT&T all applicable federal, state and local taxes and all applicable municipal and state charges which arise under this Agreement unless and to the degree Customer furnishes evidence of exemption from any or all such taxes and charges. 11. Notices - Notices given by one party to the other under this Agreement shall be in writing and shall be delivered personally or sent by express delivery service, certified mail, postage prepaid, and addressed to the parties at the addresses set forth on the front page. Notices shall be deemed given as of the date of receipt, the next business day when sent via express delivery service or three(3)days after mailing in the case of U.S. mail. 12. Publicity- Neither party shall identify, either expressly or by implication, the other party or its corporate affiliates or use any of their names, trademarks,trade names, service marks or other proprietary marks in any advertising, press releases,publicity matters or other promotional materials without such party's prior written consent. 13. Severability - If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives for the parties as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 14. Waiver-Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a waiver of such term, condition, right or privilege in the future. 15. Breach-Either party may terminate this Agreement, or an appropriate portion of this Agreement if such breach does not affect the entire Agreement, immediately following written notice in the event the other party is in default as to any of its material obligations hereunder, provided (a)the defaulting party receives notice of termination containing a reasonably complete description of the default, and (b)the defaulting party fails to cure such default within thirty(30) days of receiving such notice or ten(10)days of such notice if the default is nonpayment. 16. Entire Agreement-This Agreement and the applicable tariff are the complete agreement between the parties and supersede any discussions, representation or proposals, written or oral, concerning the DS1 Service. This Agreement may not be modified except by a writing signed by both parties. 17. Jurisdiction - Based on FCC Rules and Regulations, the attached pricing is offered via the AT&T state tariff and is based on customer acknowledgement and certification to AT&T that total interstate traffic on the circuit(s)constitutes 10%or less of the total traffic on the DS1 service. 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. Custom_DS1_ICN_Agreement_Non_Ed DHZA 004828 6 4 07.docPage 2 of 3 RBOC_reg 6/12/2007 LW4871 FIK, KATIA (ATTAIS) • 117 T1ZF CHCGILDODCO CHCGILSLHO1 • 118 T1ZF CHCGILDODCO CHCGILSLHO1 • 119 T1ZF CHCGILDODCO CHCGILSLHO1 • 120 TIZF CHCGILDODCO CHCGILSLHO1 • 121 T1ZF CHCGILDODCO CHCGILSLHO1 • 107 T1ZF CHCGILDODCO CHCIILZGHOO • 108 T1ZF CHCGILDODCO CHCIILZGHOO • 107 TIZF CHCGILDODCO CHCIILMWHOO • 101 T1ZF CHCGILDODCO CHCGILDSHO2 • 102 T1ZF CHCGILDODCO CHCGILDSH02 • 103 T1ZF CHCGILDODCO CHCGILDSHO2 • 111 T1ZF CHCGILDODCO CHCGILDSHO2 • 112 TIZF CHCGILDODCO CHCGILDSHO2 • It is my understanding that after these have been renewed, •we do not have anymore expiring until January 2008. • Is that what your records indicate? If that is the case, I will contact you in November to start the January renewal(s). Katia Fik Sr.Account Manager AT&T Illinois 847-248-8400 847-254-1264 Mobile 847-304-9498 Fax 1