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Home My WebLink AboutContract 35826-A2E4 CD CD !� �?109, 0pis Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory at&t in the State of Texas a Pursuant to Tariff(s) and/or GuidebookGlTy SECRETARY CONTRACT N0. Master Agreement date last signed August 1, 2007 CUSTOMER ("Customer") AT&T ("AT&T") City of Fort Worth For purposes of this Pricing Schedule, AT&T means the Street Address: 1000 Throckmorlon Service Provider(s) specifically identified herein. City: Fort Worth State: TX Zip Code: 76102 Billing Address (if different) -—Street Address: tvt JUSTOMER ity: State: Zip Code: rI Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices ® Primary Sales Contact 10 C Dame: Sean Malone Name: Mark McCarty T tle: IT Network Services Lead Title: Universal Sales Lead Fl Telephone: 817 392 6068 Fax: 817-392-8654 Telephone: 817-884-9463 Fax: 214-761-8164 Email: f mail: sean.malone@fortworthgov.org ddreom Street Address: 1116 Houston St Street LT address for Notices City: Fort Worth State: TX Zip Code: 76102 Same as Cust. Address above ❑ Same as Billing Address ddress for Notices (if different) With a copv to: AT&T Corp. Street Address: One AT&T Way, Bedminster, NJ 07921-0752 City: State: Zip Code: ATTN: Master Agreement Support Team Email: mastCo)att.com AT&T Authorized Agent or Representative Information (if applicable) ❑ Primary Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code hi, ricing Schecing Schedule") is an Addendum to the Master Agreement between AT&T and Customer referenced bo2b, and is Agreement. The Parties acknowledge and agree that this Pricing Schedule represents individual :cas ricin�tisQ t tomer because of the unique or specialized conditions of the AT&T business services purchased E�bby stonW, °wh� e r �d� hat this Pricing Schedule will be filed with the state commission with competent jurisdiction over �the 'servi(d ring trrdvided nder. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate 6Weo der within its respective service area. References to "Pricing Schedule" refer to this Pricing nts �X ed hereto, and referencing this document. nuneapv iedul$ $ny stalled. NM arvice Prov rger#ba�by acknowledges receipt of the AT&T customer building / site preparation document for OPT- fbes� physical conditions of customer premises that must be made avail ble befor>� rnce can be fie. paration is a major factor impacting service implementation dates. OFFICIAL RECORD stern Bell Telephone Company d/b/a AT&T Texas CITY SECRETARY Customer (b its authorized representative) PrintName or Typed Karen L , Montgomery Title: A531srant Ul ty Manager Date: AT&T (by its authorized representative) FT. WORTH, TX �ANHTLL ed TitleCONTRACT SPECIALIST • CUSTOMER CONTRACTS Date: /o—.,? ^-/ O ICB-PS# 244348.1 fROVt;T1 AS A Aand V;oGme�Pon idential Information S Telco_Data_(when CA included = 96a) 1010 KH1932 1-FKX86K 001.1 10/13/10 Page 1 5 S ICB Telco PS v.07/07/10 Assistant A0, Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory a &t in the State of Texas Pursuant to Tariff(s) and/or Guidebook GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscribed to by Customer under this Pricing Schedule. 1. DEFINITIONS "Cutover" of a Service Component occurs when the Service Component is first provisioned and made available for Customer's use at any single Site pursuant to this Pricing Schedule. "Effective Date" of this Pricing Schedule is the date on which the last party signs this Pricing Schedule, unless a later date is required by regulation or law. "Minimum Payment Period" means, in respect to any Service Component, the minimum period for which Customer is required to pay recurring charges for the Service Component. "Service Component" means an individual component of a Service provided under this Pricing Schedule. 2. GENERAL DESCRIPTION OF SERVICE(S) TO BE PROVISIONED, INSTALLED AND MAINTAINED. Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariff(s) and/or Guidebook. The order of priority of the documents that form this agreement is: this Pricing Schedule; the Master Agreement; and Tariffs and/or Guidebook; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. Service Description OPT-E-MANO OPT-E-MAN° Service. OPT-E-MANO Service transparently interconnects two or more Customer locations within a Metropolitan Area Network (MAN) as if they were segments on the same LAN using packet -based switching technologies. OPT-E-MANO Service provides dedicated bandwidth from 2 Mbps up to 1 Gbps. The handoff to Customer will be a 10/100 Mbps or 1 Gbps Ethernet interface. Customers may connect any two or more locations together, as long as they are in the same LATA or MAN and OPT-E-MANO Service is available. OPT-E-MANO Service offers logical point-to-point or point-to-multipoint or multipoint-to-multipoint configurations that support Ethernet -to -Ethernet LAN connections. If Customer connects to the OPT-E-MAN network using a bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be assigned additional charges, with a limit of 100 MAC addresses total per port as set forth in the applicable Tariff or Guidebook. 3. TERM START DATE; PRICING SCHEDULE TERM; MINIMUM PAYMENT PERIOD: PROVISION OF SERVICES AFTER PRICING SCHEDULE TERM Unless otherwise stated herein, the Term Start Date shall begin on the later of (1) Cutover of the first Service Component at the first Customer Site, or (2) the Effective Date or (3) the date of approval of this Pricing Schedule by an appropriate regulatory body, if regulatory approval is required for this Pricing Schedule for the Service(s). The term of this Pricing Schedule shall be thirty-six (36) months after the Term Start Date ("Pricing Schedule Term"). Unless otherwise stated herein, the Minimum Payment Period for all Service Components included in this Pricing Schedule is thirty-six (36) months. Rates or discounts under this Pricing Schedule shall be applied on the Term Start Date. Upon the-,expiration _ of the Pricing Schedule Term, no rates or discounts provided under this Pricing Schedule will apply to the Service(s).� Upon expiration of the Pricing Schedule Term, Customer will have the option to either (a) cease using � 'NON e(s) (which v/ II require Customer to take all steps required by AT&T to terminate the Service(s)), or (b) continue usin the 6'ryice(s) qn a; r onth- to-month service arrangement, during which the prices in the Pricing Schedule will automatically belchanged to the then curreht monthly extension rates (if any) or month -to -month rate specified in the applicable Tariff or Guidebook. After xp'irattoti"pf the Pricing Schedule Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing Schedule. New Service Component(s) in at least the minimum quantities specified in Section 11.2 must be ordered under this Pricing Schedule with a scheduled installation date not later than six (6) months after the Term Start Date. ICB-PS# 244348.1 AT&T and Customer Confidential Information S Telco_Data_(when CA included = 96a) 1010 KH1932 1-FKX86K 001.1 10/13/10 Page 2 of 5 S ICB Telco PS v.07/07/10 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas x �s. -= - Pursuant to Tariff(s) and/or Guidebook 8. TARIFFS AND REGULATORY REQUIREMENTS This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. Therefore, for this purpose, this Pricing Schedule will be deemed to be a separate agreement with respect to the Services offered in a particular jurisdiction. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Services pursuant to the terms and conditions in the Tariff or Guidebook. If approval is required and not obtained, then this Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non -recurring charges paid and pre -paid amounts for Services not received. 9. SPECIAL TERMS AND CONDITIONS 9.1 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer's expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires to provide 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 reasonably required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights -of -way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 9.2 Texas Terms and Conditions. To the extent this Pricing Schedule relates to regulated Services provided in Texas, Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers. 10. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent (10%) or less of the total traffic on the Service. 11. CUSTOMER COMMITMENT AND RATES 11.1. Customer Commitment SERVICE QUANTITY COMMITMENT AS SPECIFIED IN SECTION 11.2 Customer agrees to purchase the Service(s) identified in Section 11.2 in the quantities identified in Section 11.2 for the duration of the applicable Minimum Payment Period. If Customer does not order at least the specified quantities of each of the New Service Components identified in Section 11.2 below and have them installed pursuant to this Pricing Schedule, AT&T reserves the right to charge a one-time shortfall charge of 50% of the Monthly Recurring Rate for each such Service Component not installed by the end of such time period times the number of months in the applicable Minimum Payment Period. Customer will be billed for the shortfall charge, and payment will be due 30 days after the invoice date. 11.2 Rates Service Components, Quantities, Monthly Rates Service Description — Service Components / Quantity Quantity Monthly USOC New ExistingRecurring Rate, each - Opt-E-MAN Basic Plus Connection 10/100 Mbps / 2 0 I j �ECORD P9FFX 0$,32��DAL I r 1 Opt-E-MAN CIR — 100Mbps (Silver) / R6ELC 1 2 1 0 I I AN*0_4I_:9-;kETARY FT WORTH, TX ICB-PS# 244348.1 AT&T and Customer Confidential Information S Telco—Data_(when CA inctdded = 96a) 1010 KH1932 1-FKX86K 001.1 10/13/10 Page 4 of 5 S ICB Telco PS v.07/07/10 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook 12. SERVICE LOCATIONS SERVICE LOCATIONS Opt-E-MAN 1000 THROCKMORTON ST, FORT WORTH, TX 75050 FTWOTXAC Opt-E-MAN 5001 BLUE MOUND RD, FORT WORTH, TX 76106 FTWOTXLZ End of Document OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX ICB-PS# 244348.1 AT&T and Customer Confidential Information S Telco_Data_(when CA included = 96a) 1010 KH1932 1-FKX86K 001.1 10/13/10 Page 5 of 5 S ICB Telco PS v.07/07/10