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HomeMy WebLinkAboutContract 35826-A1CITY SECRETARY ((�®NTRACT No.,., nx. gl Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory v at&t in the State of Texas Pursuant to Tariffs) and/or Guidebook 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 Throckmorton Service Provider(s) specifically identified herein. City: Fort Worth State: TX Zip Code: 76201 Billina Address (if different) Street Address: City: State: Zip Code: CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices ® Primary Sales Contact Name: Sean Malone Name: Mark McCarty Title: IT Network Services Lead Title: Universal Account Manager Telephone: 817-392-6068 Fax: 817-386-6874 Telephone: 817-884-9463 Fax: 214-761-8164 Email: Email: sean.malone@fortworthgov.org mm8932@att.com Address for Notices Street Address: 1116 Houston St ElSame as Cust. Address above ❑Same as Billing Address City: Fort Worth State: TX Zip Code: 76102 Address for Notices (if different) With a copv to: Street Address: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 City: State: Zip Code: ATTN: Master Agreement Support Team Email: mast@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: Aqent Code This Pricing Schedule ("Pricing Schedule") is an Addendum to the Master Agreement between AT&T and Customer referenced above, and is part of the parties' Agreement. The Parties acknowledge and agree that this Pricing Schedule represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT&T business services purchased by Customer, and, where required, that this Pricing Schedule will be filed with the state commission with competent jurisdiction over the service offering provided hereunder. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider within its respective service area. References to "Pricing Schedule" refer to this Pricing Schedule and any attachments attached hereto, and referencing this document. [ ] By initialing, Customer hereby acknowledges receipt of the AT&T customer building / site preparation document for GigaMAN Service which describes the physical conditions of customer premises that ust 3a-madesavail;bl,.p �pfore_ Service can be installed. Note: Customer site preparation is a major factor impacting service implem nt p(1 �tPs Service Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas Customer (by its authorized representative) By: �f.%��X7/l/ Printed or Typed Name: Karen L, Montgomery Title: Assistant City Manager AT&T (by its authorized representative) IB . Name: _ter LINDA BOUDI 4 Title: CONTRACT SPECIALIST • CUSTOMER CONj Ly' -u Date: / /� Date: �0 °o x ° �194N D AS TO rOhA AND o oLATI&T and Customer OA"@d M"• mation S TelcoData(w dedICB FS LI = 1010 KH1iistan 1 X86 .1 1 13 0 Page o S Ielco91 �4Y ityA orney — Marty Hendrix, ity 644rovy Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory aW 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 GigaMANO GiaaMAN° Service. GigaMAN° Service is a high-speed, fiber based, transport service designed to offer connection of Customer's Local Area Networks/Wide Area Networks (LAN/WAN) at the native speed of the LAN backbone within the same LATA (intraLATA). Point-to-point configurations support Ethernet -to - Ethernet (IEEE 802.3z) LAN connections at 1.25 Gigabits per second (Gbps), physical layer rate. GigaMAN° Service consists of full duplex transport over fiber optics of Gigabit Ethernet signal between two Customer sites, Central Office equipment that provides digital regeneration and in -band monitoring, and specialized fiber optic equipment that is placed at the Customer premise demarcation point as Network Terminating Equipment (NTE), providing AT&T's Gigabit Ethernet Handoff interface to the Customer. GigaMAN@ Service provides physical layer transport only. Customer is responsible for error detection and correction of data transported. AT&T shall not be responsible for the through transmission of signals generated by Customer's premise equipment or for the quality of or defects in such transmission, the reception of signals by Customer's premise equipment, or address signaling to the extent addressing is performed by the Customer's premise equipment. GigaMANO Service is monitored by AT&T network operations 24 hours per day, seven days per week, using the in -band network monitoring channel. 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 the Service(s) (which will require Customer to take all steps required by AT&T to terminate the Service(s)), or (b) continue using the Service(s) on a month - to -month service arrangement, during which the prices in the Pricing Schedule will automatically be changed to the then -current monthly extension rates (if any) or month -to -month rate specified in the applicable Tariff or Guidebook. After expiration of the Pricinq Schedule Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. ICB-PS# 244348 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 atCoK L in the State of Texas Pursuant to Tariff(s) and/or Guidebook 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. 4. ADDITIONAL SERVICES. INSTALLATION. ADDS. MOVES AND CHANGES Unless otherwise stated herein, for all moves and changes of any Service Component provided hereunder, Customer will pay the prevailing Tariff or Guidebook recurring and non -recurring charge. If the Service or Service Component is available only under an individual case pricing, then for all moves and changes of any Service or Service Component provided hereunder Customer will pay AT&T's price for such move or change, as determined by AT&T at the time of the move or change. Any additional services other than the Service Component(s) provided under this Pricing Schedule will be provided at the prevailing Tariff or Guidebook rates, terms and conditions unless otherwise mutually agreed in writing, and must be purchased under either a separate Pricing Schedule, or an amendment to this Pricing Schedule, signed by both Customer and AT&T. For the Service Component(s) listed under the "Quantity New" column in Section 11.2 below, the monthly rate per USOC as provided in Section 11.2 includes the non -recurring charge (or portion thereof) to initially provision and install the new Service(s). 5. PRICING Customer will pay the rates set forth in Section 11.2 below. The rates and charges stated in this Pricing Schedule are stabilized until the end of the Pricing Schedule Term, and apply in lieu of the corresponding rates and charges set forth in the applicable Tariff or Guidebook. No discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply unless specifically set forth herein, and when set forth herein, such discount, promotion, credit or waiver shall only be applied in the manner set forth in the applicable Tariff or Guidebook. No other discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply. 6. TAXES & OTHER CHARGES 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Tariff(s) or Guidebook(s). 6.2 Additional Charoes and Taxes. Rates set forth in this Pricing Schedule and the Tariff(s) or Guidebook(s) are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, end user access charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF PRICING SCHEDULE TERM OR MINIMUM PAYMENT PERIOD (E.G.. TERMINATION FOR CONVENIENCE) 7.1 If Customer cancels Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to Cutover, the Customer must reimburse AT&T for all expenses incurred in processing this Pricing Schedule and installing the required equipment and facilities completed up to the date of cancellation, and termination liability as provided in this section below shall not apply. 7.2 If Customer terminates a Service or Service Component, in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Term Start Date but before the scheduled completion of the Pricing Schedule Term or Minimum Payment Period applicable to such Service or Service Component, Customer shall pay a termination liability of an amount equal to (a) all unpaid non -recurring charges (excluding non -recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the monthly recurring charges rate for the terminated Service or Service Component as set forth in this Pricing Schedule, multiplied by the number of months remaining in the Minimum Payment Period applicable to such Service or Service Component at the time of termination, and (c) any unpaid applicable special construction liabilities and/or any customer premises custom fiber build liabilities. ICB-PS# 244348 AT&T and Customer Confidential Information S Telco_Data_(when CA included = 96a) 1010 KH1932 1-FKX86K 001.1 10/13/10 Page 3 of 5 S ICB Telco PS v.07/07/10 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory auoft in the State of Texas — Pursuant to Tariff(s) and/or Guidebook 7.3 Unless otherwise stated herein, Service(s) provided under this Pricing Schedule must remain at the location(s) at which the Service(s) are installed for the entire Pricing Schedule Term or the Minimum Payment Period applicable to such Service(s). If Customer fails to maintain the Service(s) provided under this Pricing Schedule at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 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. ICB-PS# 244348 AT&T and Customer Confidential Information S Telco_Data_(when CA included = 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 at&t in the State of Texas Pursuant to Tariff(s) and/or Guidebook 11.2 Rates Service Components, Quantities, Monthly Rates Service Description - Service Components / Quantity Quantity Monthly Recurring USOC New Existing Rate, each GigaMAN GigaMAN ®Channel Termination / Local 2 0 $1,425.00 Distribution Channel (LDC) / 3LN5S I I I GigaMAN Mileage - Fixed (2 per circuit) / CMT / 1 0 $100.00 1DA8X I GigaMAN I Mileage - Per Mile / CM / 1 DABX I 7 I 0 I $50.00 12. SERVICE LOCATIONS SERVICE LOCATION A LOCATION Z j GigaMAN 3737 SW LOOP 820, FORT WORTH, TX 1000 THROCKMORTON ST, FORT WORTH, 76133 FTWTTXUI TX 75050 FTWOTXED End of Document ICB-PS# 244348 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