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HomeMy WebLinkAboutContract 28881 AT&T MASTER AGREEMENT 07_09-03 A98941 9rl I Version OX MA Reference N®o I c0 CITY SECRETARY(i 7-09-03 A09 :53 IN CONTRACT NO. CUS'TOMi=R ;"Cusitomer" <; City of Fort Worth AT&T Corp. Gl9STOMER Address 1000 Throckmorton 55 Corporate Drive Fort Worth, TX Bridgewater, New Jersey 08807 76102 USA CUSTOMIER Carlfa+ct �S111O�1taC�. Name: Hugo Carbajal Master Agreement Support Team Title: Email: mastOatt.com Telephone: 817-392-8863 Fax: E,,-�;II: hu-qo.carbgjal@fortworthgov.org Agreement consists of the attached General Terms and Conditions and all schedules, exhibits and service ,, :aer attachments ("Attachments") appended hereto or subsequently signed by the parties, and that reference this Agreement (collectively, this "Agreement"). In the event of a conflict between the General Terms and Conditions and any Attachment,the Attachment shall take precedence. This Agreement shall become,'"effective when signed by authorized ;representatives of both parties and shall continue in effect for as long as any Attachment remains in effect, unless earlier terminated in accordance with the provisions of this Agreement. The term of each Attachment is stated in the Attachment. INA AGREED- AGREED- CUSTOMER. AT&T CORP. City of Fort rth By: (Authorized MWIC ature) (Authorized Signature) Grp Terrance McDonald (Typed or Printed Name) // (Typed.or Printed Name) s?N T 67-,V X�In 4e, Sales Center Vice President (Title) (Title) � o (P D3 (Date) (Date) . PR vLD, TOf AMLEC,At.ffY: A17ESTED BY Gt A f pale Page 1 of 6 AT&T PROPRIETARY 11/27/02 GLOBAL MA VER IX.DOC CSM030214090650 ,. , AT&T MA Reference No.��i��. GENERAL TERMS AND CONDITIONS The following banno and conditions shall apply to the 2.8 CHARGES AND BILLING provision and use of Services provided by AT&T 2.1 Oustnmar shall pay AT&T for Customer's and pursuant to this Agreement. Users' use of the Services at the mdoo and charges _ specified |ntheA#eohmento,vWthoutdeduni|on. oeto�or Am, AT&T Affiliate or Customer Affiliate may o|Qn an delay for any reason. Charges set forth in the hmant in its own name and such Affiliate contract Attachments are exclusive of any applicable taxes. At wN be considered a separate, but associated,contract, Cuotomer'e.equeeLand'wbhAT&J'a consent (which may incorporating these General Tonno and Conditions be (vo\h the Affiliate being substituted for AT&T and operational impediments Customer, no applicable); provided, however, that red AT&T and Customer oho|| be mopono|b|a for their and AT&T will accept payment from such Affiliates; respective Aff|Uudoo' performance pursuant to such provided, however, Customer io responsible |f its Affiliate Affiliate contract. does not pay charges|n accordance with this Agreement. Customer may be required at any time tn pay a deposit if 1.0 DEFINITIONS AT&T determines that Customer|o not creditworthy. 1.1 "Affiliate" of party means any entity that controls, 22 Customer h U pay all taxes is oordnd)ed by or is under common control with such AT8T's net|ncome), duties, levies,shipping charges and party. other similar charges (and any related interest and 1.2 "AT&T", for purposes ofall remedies and UmKod|ono penalties) relating to the ea|e, transfer of mwnemh|p, of liability set hzdh |n this Agreement or any Attachment |nobd|aUon. license, use or provision of the Services, means AT&T, its Affiliates, and its and their employees, except to the extent o valid tax exemption certificate is d|reotons, officers, agents, representatives, provided by Customer to AT&T prior tothe delivery of ouboontnsooxo. interconnection service providers and Bem|oea. To the extent Customer|o required towithhold suppliers. or deduct, 1.8 'AT8J Software" means all Software other than taxes,.that are allowable oma credit against AT&T'sU.8' Third-Party Software. income taxes, Ouabomcn must reduce such bm to the 1.4 "Content" means information made aveUab|e, maximum possible giving effect to the applicable d or transmitted (including, without limitation, Tax Con and must furnish AT&T with such information made avo|ob|a by means of an HTML "hot evidence be required link",a third party posting or similar means) |nconnection establish that such tax has been paid so that AT&T may with a Service, including all bodemarko, service modm claim credit. ezj`­ domain names contained therein, Customer and (30)days after the date if erdede and the contents of any bulletin boards hat of the' invoice and must refer to the invoice number. fcz,_,:.ms, and, all updates, upgrades, modifications and Charges,Will'-b�,q'dbted and invoices shall be paid in U.S. c,thar versions of any of the foregoing. dollars, exc"'ept where a particular Attachment provides 1.5 "Customor", for purposes of all remedies and for local currency quoting, invoicing and payment. ||m|tad|uno of liability set forth in this Agreement or any Restrictive Attachment means Customer, its Affiliates, and its and accepted by', AT&T* will not apply. Customer shall their omp|uyeea, d|reoom, offioom, agents, and reimburse AT&T for all costs (including naeonnoble representatives. attorney fees) associated with collecting delinquent or 1.0 "Damages" means collectively all injury, damage, dishonored payments. At AT&T's option, interest UobU|tyJoao.penalty,interest and exPense|ncurnnd' charges may be added to any.past due amounts at the 1.7 "INFORMATION" means proprietary information of lower of1.596 per month (18Y6 per annum) or the either that is disclosed to the h in h max|mum rate allowed bylaw. course of performing this Agreement, provided such 2.4 In the event of o bona fide dispute over a information (except for Customer Content) is|n written or charge specifically identified by Customer through written other tangible form that |o clearly marked ao"pnopdebary' notice to AT&T stating the amount disputed and the or"confidential", reason for withholding payment,payment identified 1.8 "Marks" means h trade names, logos, charge' Will not b considered ' due pending trademarks,service marks or other|nd|c|aoforigin. investigation by U 1.9 ''Sem|oe' means the service and/or equipment absolve Customerfrorn promptly paying all provided under the applicable Attachment. charges and submitting reasonable security for payment 1.10 "Software" means all software and associated of any withheld written and electronic documentation and data furnished completion of AT&T's investigation pursuant tu the Attachments. charge,'AT&T will advise Customer of1h |t of the "Third-Party investigation and cp ,Eyright notice of an unrelated third party. appropriate,in AT&T's sole discretio"ri. Payment of any 1....! '!Jser" means anyone who uses or accesses any disputed charges that are determined to be correct as a ,:-i.:vice purchased by Customer under this Agreement, result I of such -investigation, 'plus interest charges (at iro.!iuding Customer Affiliates. AT&T's o.pti6n) calculated from the date of AT&T's notice to Customer of the results of the investigation, at the lower-,of 1.5%. per month'.(1 86/o per annum) or the maximum rate-allowed by law, must be paid upon AT&T's notice of the results of the investigation. Page 2of6 AT&T PROPRIETARY 11/27/02 GLOBAL MA_yEFLIX.DOO CSM030814090650 '. , . . . ' AT&T MA Reference No. GENERAL TERMS AND CONDITIONS 3'0 RESPONSIBILITIES OF THE PARTIES 5L0 PUBLICITY AND MARKS 3.1 AT&T agnaoo to provide Services to Customer, 51 Neither party may issue any public statements or subject (othe availability of the 8envinoe in accordance announcements relating to this Agreement without the with the terms and cond0ono, and at the charges prior written consent of the other party. opeoh|ad in the A#achmenio, consistent with all 52 Each party agrees not to display use, in applicable laws and regulations. advertising orothenm|ue.'anyofthecdher'pady'o NYerke 3.2 Customer ohoU assure that Customer's and Users' without-the other prior mmUtanconuerd, provided use of the Services and Content will at all times comply that such consent'may be'revohadat any time. with all applicable laws and regulations. AT&T reserves ' the right to terminate affected Attachments, suspend 6.0 SOFTWARE ' affected Services, and/or remove Customer's orUsers' non- Content from the 8embao, if AT&T debann|nae, in the transferable exercise of its reasonable discretion, that such use or to sublicense). b u Software, | object ui d form,- Content d conform with the requirements set forth solely in connection b,�. ;.`vis-:Agreement or interferes with AT&T's ability to accordance* with '-applicable* *written and electronic prc4ide Services to Customer or others or has reason to docu I mentation. .. Customer vill refrain from taking any bo,--sjl.eve that Customer's or Users' use or Content may steps to reverse' assemble 0, reverse:compile or otherwise vk­,Rate,, any laws or regulations. AT&T's actions or derive' a source code version 'of the Software., The inaction under this Section shall not constitute review or Software shall,atall times remain the sole and exclusive approval of Customer's nr Users' use orContent. AT&T property of AT&T or its suppliers. ` will use naaaoneb|o efforts to provide notice to Customer 8'2 Customer shall not copy or dm*n|oad AT&T before taking action under this Section. 8oftvwana, except that Customer shall be permitted to make two (2) nop|oo of AT&T Software, one for archive 4.0 USE OFINFORMATION and the other for disaster:recovery purposes. Any copy 4.1 This Agreement shall be deemed to be AT&T and muot nbdnth copyright cd| d proprietary Customer's INFORMATION. Customer's Content eho|| markings ao the original Software. . be deemed to be Customer's INFORMATION. 6.3 Customer �hm|| assure that Customer's Users comply with the terms d conditions of this Article G 6.4 The term of the license granted hereunder shall be cotemriinous With. the Attachment which covers the PRO Software and/or related Services. OPOOMSffit 6.5 Customer,agrdes to comply with any terms and Wit conditions that , are provided. with. any Third-Party Software and, I the event of-a.confl n .11pt, such Third-Party terms and conditions will take precedence over this Article 6 as to such Third 6.6 .T&T warrants that all AT&T Software will perform kP1-.-1i-.!V1Ni substantially in accordance with'its applicable published achment that covers the Sloftware., If Customer returnsto AT&T,within such 6§'fi6tc6mply with this period,anyAT&T Software that doi warranty, then AT&Tj at its,option',:,will either repair or ace the' portloh of the AT&T..Software that does not comply or refund any amounitu'st6mer prepaid for the time.-ppriods'foll'owing return of such failed or defective AT&T Softw-are toAT&T. This warranty will apply only if the AT&T Software is used in accordance with the terms 4.3 The restrictions in this Article shall not apply to any of this Agreement and is not altered, modified or information that: (I) is independently developed by the tampered With by Customer or Users. receiving party;or(I!) is lawfully received by the receiving party free of any obligation tn keep 8 confidential; or 7.0 ADJUSTMENTS TO @]I0lD0UK0 ANNUAL becomes generally available to 8he�pubUn other than by REVENUE COMMITMENTS breach of this Agreement. |n the event ofo business downturn beyond Customer's 4.4 Both pod|ae agree to comply with privacy laws control, o, o corporate divestiture, m acquisition r applicable to their respective businesses. Customer significant restructuring or reorganization of Customer's shall obtain any User consents legally required relating to business, r network optimization | other AT&T -handling of User's Content. |fOu�omerbe|�veathe� in ' of and charges, or the course of providing 8onviueo under this Agreement, force oiej nto, any of significantly r AT&T will hcmeu00000tod�aOu�omerdoeo not want �� - bu meet Ouommo� m| |muannue| AT&T Qpersonnel to compnehond. Customer should b ' b if encrypt such d�daon that|twU|beuninieU|g|b|o. AT&T will offer to' adjust the`-- '6m|n|mum annual ' revenue commitments reduced traffic volumes, after taking, into' account the effect of.,such a reduction on AT&T!s costs and the AT&T prices that.,would -otherwise be available at the revised page 3of6 AT&T PROPRIETARY '� � '' 11/27/O2 GLOBAL MA—VERJXDOC CS1R0�,12M409V65V ' � AT&T MA Reference No. GENERAL TERMS AND CONDITIONS minimum annual revenue commitment levels. If the VIOLATION BY THE OTHER PARTY OF ARTICLE 4 OR parties reach mutual agreement on revised minimum ARTICLE 5 OR CUSTOMER'S OR USERS' VIOLATION annual revenue commitments, AT&T will amend or OF SECTION 3.2 OR ARTICLE 6, replace the affected Attachment, as applicable. 9.2 EXCEPT FOR THE PARTIES' ARTICLE 11 Notwithstanding the foregoing, this provision shall not OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE apply to a change resulting from a decision by Customer TO THE OTHER PARTY FOR ANY INDIRECT, to transfer portions of Customer's traffic or projected INCIDENTAL, CONSEQUENTIAL, PUNITIVE, growth to service providers other than AT&T. Customer RELIANCE OR SPECIAL DAMAGES,. INCLUDING must give AT&T written notice of the conditions Customer WITHOUT LIMITATION, DAMAGES FOR LOST believe will require the application of this provision. This PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF provision does not constitute a waiver of any charges, ANY KIND OR INCREASED COST OF OPERATIONS. including, but not limited to, monthly recurring charges 9.3 AT&T SHALL NOT BE LIABLE FOR ANY and shortfall charges, incurred by Customer prior to DAMAGES ARISING OUT 'OF OR RELATING TO: amendment or replacement of the affected Attachment. INTEROPERABI.LITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH 8.0 FORCE MAJEURE APPLICATIONS, EQUIPMENT, SERVICES, CONTENT Neither AT&T nor Customer shall be liable for any delay, OR NETWORKS PROVIDED BY CUSTOMER OR failure in performance, loss or damage due to: fire, THIRD PARTIES; SERVICE LEVELS, DELAYS OR explosion, power blackout, earthquake, flood, the INTERRUPTIONS (EXCEPT WHERE A CREDIT IS elements, strike, embargo, labor disputes, acts of civil or EXPLICITLY' SET FORTH IN AN ATTACHMENT OR military authority, war, acts of God, acts or omissions of SERVICE GUIDE) OR LOST OR ALTERED MESSAGES carriers or suppliers, acts of regulatory or governmental OR TRANSMISSIONS; OR, UNAUTHORIZED ACCESS a �r:6'as, or other causes beyond such party's TO OR THEFT, ALTERATION, LOSS OR r. ::._:•�onable control, whether or not similar to the DESTRUCTION OF:CUSTOMER, USERS' OR THIRD h;9going, except that Customer's obligation.to pay for PARTIES',._. APPLICATIONS, . CONTENT, DATA, incurred for Services received by Customer shall PROGRAMS, INFORMATION, NETWORK OR r,tet be excused. SYSTEMS., 9.4 ,EXCEPT AS EXPRESSLY PROVIDED IN THIS 9.0 LIMITATIONS OF LIABILITY AGREEMENT, AT&T MAKES NO REPRESENTATIONS 9.1 EITHER PARTY'S ENTIRE LIABILITY AND THE OR WARRANTIES, EXPRESS OR IMPLIED, AND OTHER PARTY'S EXCLUSIVE REMEDIES, FOR ANY SPECIFICALLY DISCLAIMS ANY REPRESENTATION DAMAGES CAUSED BY ANY SERVICE DEFECT OR OR WARRANTY OF MERCHANTABILITY, FITNESS FAILURE, OR FOR OTHER CLAIMS ARISING IN FOR A PARTICULAR •PURPOSE, TITLE OR NON- CONNECTION WITH ANY SERVICE OR OBLIGATIONS INFRINGEMENT OR ANY REPRESENTATION OR UNDER THIS AGREEMENT SHALL BE: WARRANTY ARISING BY USAGE OF TRADE, (i) FOR BODILY INJURY OR DEATH TO ANY COURSE OF DEALING OR COURSE OF PERSON, OR REAL OR TANGIBLE PROPERTY PERFORMANCE. DAMAGE, NEGLIGENTLY CAUSED BY A PARTY, OR 9.5 THE LIMITATIONS OF LIABILITY SET FORTH IN DAMAGES ARISING FROM THE WILLFUL THIS AGREEMENT SHALL APPLY: (i) REGARDLESS MISCONDUCT OF A PARTY OR ANY BREACH OF OF THE FORM OF ACTION,WHETHER IN CONTRACT, ARTICLES 4 OR 5, THE OTHER PARTY'S RIGHT TO TORT, STRICT LIABILITY OR OTHERWISE; AND (ii) PROVEN DIRECT DAMAGES; WHETHER OR. NOT ' DAMAGES WERE (ii) FOR DEFECTS OR FAILURES OF SOFTWARE, FORESEEABLE. THESE LIMITATIONS OF LIABILITY THE REMEDIES SET FORTH IN ARTICLE 6; SHALL SURVIVE FAILURE OF ANY EXCLUSIVE (iii) FOR INTELLECTUAL PROPERTY REMEDIES PROVIDED IN THIS AGREEMENT. INFRINGEMENT, THE REMEDIES SET FORTH IN 9.6 - The parties, acknowledge that the limitations on ARTICLE 11; liability set out,.in this Article 9 have been negotiated (iv) FOR DAMAGES OTHER THAN THOSE SET between the parties and-are regarded by the parties as F ,,79 ABOVE AND NOT EXCLUDED UNDER THIS being reasonable in ail the circumstances. 6:'i! "- cMENT, EACH PARTY'S LIABILITY SHALL BE Ltv.1ITED TO PROVEN DIRECT DAMAGES NOT TO 10.0 G'ERMINA'TION E 4;'EED PER CLAIM (OR IN THE AGGREGATE 10.1 If a,'party fails to perform or observe any material T)'°DING ANY TWELVE (12) MONTH PERIOD) AN term- or condition of this Agreement and the failure AMOUNT EQUAL TO THE TOTAL NET PAYMENTS continues unremedled for thirty (30),„days after receipt of MADE BY CUSTOMER FOR THE AFFECTED SERVICE written.notice, (I)the other party may terminate for cause IN THE RELEVANT COUNTRY DURING THE THREE any Attachment affected by the.breach, or (ii) where the (3) MONTHS PRECEDING THE MONTH IN WHICH THE failure is a non-payment by Customer of any charge DAMAGE OCCURRED. THIS• SHALL NOT LIMIT when due, other than a charge being disputed by CUSTOMER RESPONSIBILITY FOR THE PAYMENT OF Customer„pursuant to Section 2.4, AT&T may, at its ALL PROPERLY DUE CHARGES UNDER THIS option,.;terminate or suspend''Service and/or require a AGREEMENT. deposit under affected Attachments. (v) THE LIMITATIONS IN THIS SECTION 9.1 ARE NOT 10.2 An Attachment may be terminated immediately INTENDED TO PRECLUDE A PARTY FROM SEEKING upon written notice by either party if the other party: (i) INJUNCTIVE RELIEF FROM A COURT OF becomes insolvent or involved in a liquidation or COMPETENT JURISDICTION IN THE EVENT OF A termination of its business, files a bankruptcy petition, Page 4 of 6 AT&T PROPRIETARY 11/27/02 GLOBAL MA VER IX.DOC CSM030214090650 AT&T MA Reference No. GENERAL TERMS AND CONDITIONS has an involuntary bankruptcy petition filed against it (if achievable, AT&T may terminate'the affected Service not dismissed within thirty (30) days of filing), becomes withou#_liability other than as stated tn,Section 11.1. adjudicated bankrupt, or becomes involved in an 1 1.3:,AT&T:grants to Customer the-right-to permit Users assignment for the benefit of its creditors; or (ii) has to access and use the Services,"rovided that Customer v16, at.nd the other party's Marks or materially breached shall remain solely,responsible for;such access and use. P,i:-provision of Article 4. Except to the extent AT,&T _is'.obligated to indemnify ! m 1.3 Customer shall be responsible for payment of all Custoer=under this Article 11,customer shall defend or cl-(arges under a terminated Attachment incurred as of settle any,ctaim against AT&T,and pay all Damages that the effective date of termination. Customer shall also be a court may,award against AT&T in any third party suit liable to AT&T for Termination Charges, if specified in a relating to'Cu'stomer's or Users"use of the Service or terminated Attachment, in the event that AT&T Content or performance of the Service: terminates under Section 10.1 or 10.2, or Customer 11.4 The indemnified party under this Article 11: (i) must terminates without cause as may be allowed in an notify the other party in writing promptly upon learning of Attachment. any claim or suit for which ,indemnification may be 10.4 Termination by either party of an Attachment does sought, provided that failure to do so shall have no effect not waive any other rights or remedies it may have under exceptto the extent the other party is prejudiced thereby; this Agreement. Termination or suspension of an (ii) shall have the right to participate in such defense or Attachment shall not affect the rights and obligations of settlement with its own counsel and at its sole expense, the parties under:any,other;Attachment. but the other party shall have control of the defense or 705ustemer warrants that Ci #4t1Ir hes fu►1fi? settlement; and (iii) shall reasonably cooperate with the aufiable ta,py;t3ll:`drriunts qua t3ereuri> ir::'tfCetgh ti? defense. end of customers ourrert: ;approprtattQn per�a� .... warrant#urtfter fhef Customer w►l request>rtar�ds to mek 12.0 EXPORT CONTROL pe rxrenfis> eh appra rt fit ,r�€;p r pd from nbuu V 11. 12.1 The parties acknowledge that equipment, roducts end of the Attachment Term in Efts event that i funds p g P , { Software, and technical information (including, but not shad..nt._ e:::aprQ.pr�atad:::and„ lt�ktl not Qthorwlseie limited to,,technical assistance and training) provided a�ratlak�ieQr any tit OLiStrXler's ffaoul pertodcaitawing tts under this Agreement may.be subject to export laws and patient flsoat:::Yaar,..(`� Ubsagtier*#;.tlal <( tp "):#Ctt:.tiie re ulations .and an .ruse or transfer o the g Y, _ the �3..s.::at1:..1pt.:::sElt v€C.3S< t3cl:;:»;tt#.EtG#Et�l:s products,,Software and technical.information must be in fin!h; kt:::..;:::;:th0,;srrla: :ta<`. trlalatttth ; et 1I[ e.S _rbttrclatf P compliance,with` all applicable-regulations. The parties anger this Attachment, and {ii)Customer shalC haue will not.:use, distribute,. .transfer,, or transmit the ell =toted„aIf furda. trgaliy mrattable ftar<`ptrt# rfr equipment; products, Software;ortechnical information tt ru Attachment and(fit) ttdrrieit`'itsegCatetf 3rr 5goa"d ,,. ,«...,.. .;,. (even .if. incorporated into other products) except in compliance with-all applicable export regulations. If ;:.'e�tule ar new agreement thaf will accamrnodat Custt�rner�s'butge�f�rr fke'subsegt€er:f.fiseel requested by either party, the Other party agrees to C€sfiomer may terminate this Rttachrneratjvriicsui lEat?ily sign written `assurances `and other export-related documents as may be required :to comply with all tttrrnirattt�n charges,as of the lasts"ayorwbich funts applicable export regulations. " y g 12.2 In the event-an si 60 des racrwritten patica cf terminatian,t<O AT&�"Y Y necessary -export license cannot be obtained within six (6) months after application therefor, neither party shall have further obligations with 11.0 FURTHER RESPONSIBi;LJT1ES respect to providing or purchasing and, if applicable, 11.1 AT&T agrees to defend or settle any claim against Customer;shall return to AT&T,the equipment, products, Customer, and to pay all Damages that a court may Software, or technical information that is the subject award against Customer in any suit, that alleges a matter of the unsuccessful export application. Service infringes any patent, trademark, copyright or trade secret, except where the claim or suit arises out of 13.0 GENERAL PROVISIONS or results from: Customer's or User's Content; 13.1 Any supplement to or modification or.waiver of any modifications to the Service or combinations of the provision of this Agreement must be in writing and signed Service with non-AT&T services or products, by by authorized representatives of parties. A waiver Customer or others; AT&T's adherence to Customer's by either party of any breach of this Agreement shall not written requirements; or, use of the Service in violation of operate as a waiver of any other breach of this this Agreement. Customer agrees to defend or settle any Agreement. claim against AT&T and to pay all Damages that a court 13.2 This Agreement may not`-be assigned by either may award against AT&T in any suit that alleges a party=:without.the,prior written consent of the other,except Service infringes any patent, trademark, copyright or that either-party riay, without the other party's consent, trac'< secret, due to any of the exceptions in the assign this Agreement or any Attachment to a present or pt%. edtng sentence. future'Affiliate or;successor, provided that any such 1,2 Whenever AT&T is responsible under Section 11.1, assignment•by.rCustomer.shall be contingent upon AT&T T may at its option either procure the right for determining the assignee to,be -creditworthy and in Customer to continue using,or may replace or modify the compliance with any eligibility criteria for the Services. alleged infringing Service so that the Service becomes AT&T may subcontract work to be.performed under this noninfringing, but if those alternatives are not reasonably Agreement, but shall retain responsibility for all such work. Page 5 of 6 AT&T PROPRIETARY 11/27/02 GLOBAL MA_VER IX.DOC CSM030214090650 AT&T,MA Reference No. GENERAL TERMS AND CONDITIONS, 133 If any portion of this Agreement is found to be h,-ilid or unenforceable, the remaining provisions shall Curitinue in effect and the parties shall promptly negotiate to replace such portions that cannot be implemented as cj�ieed and that are essential parts of this Agreement. The negotiations shall be conducted in good faith and shall preserve the intention of the parties as expressed in this Agreement to the extent possible, and in a manner that preserves the equities,of the..bargain. .,,. €�3� Ar7y legel �eti�r3 �ri'�►ng trt eanr �tatt>`�w�h #h �reemettt�'ti•rnxtst�.:=.b��irr �+yath4rt ;i'c�ur:°� ) year�...after #Eta esus�of,act4on,ar�ses. . : . . 13.5 All required notices under this Agreement shall be in writing and either mailed by certified or registered mail, postage prepaid return receipt requested, sent by express courier or hand delivered and addressed to each party at the address set forth on the cover page of this Agreement or, if the notice relates to a specific Attachment, the address set forth in such Attachment, or such other address that a party,indicates ............. �rr �n a� , t���Agr���neni s��il be�ouemed by.tire�ubstan#€���a af'the State df Texas, �x�I�dEnq its�t�Qu <af:1..'�w ruEe� • artd.:.applicable.caws anc[relatEss,taf`€tf ie lnEfied Stet of;Arrteri�a Tt1e l.lnited Natrori��rariventf±�rtzan`' orttr �ts for Internetpsarta( ;rata of eods shalt `riot apply 'The :. ,_-, parries (rr��ro�a�ly nar3ant tc�..t�s jurlsdi+��i�n pf..� e ' rci M�s'�pf tt��';�tata;�t,T�x�s:::I�aaked�n USA« This Agreement does not provide any third party (U cluding Users) with any remedy, claim, liability, re;rribursement,cause of action or other right or privilege. '3.8 The respective obligations of Customer and AT&T, which by their nature would continue beyond the termination or expiration of any Attachment or this Agreement, including, without limitation, the obligations regarding Use of Information, Publicity and Marks, Further Responsibilities and Limitations of Liability, shall survive termination or expiration. 13.9 The authentic language of this Agreement is English. in the event of a conflict between this Agreement and any translation, the English version will take precedence. 13.10 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SERVICES. THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS, STATEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL CONCERNING THE SERVICES, OR THE RIGHTS AND OBLIGATIONS RELATING TO THE SERVICES. THIS AGREEMENT SHALL NOT BE MODIFIED, OR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS, A,. ?7-RTISEMENTS, SERVICE DESCRIPTIONS OR C,. .>T OMER PURCHASE ORDER FORMS NOT E.::;%'PRESSLY SET FORTH IN THIS AGREEMENT OR A ;ATTACHMENT. Page 6 of 6 AT&T PROPRIETARY 11/27/02 GLOBAL MA_VER_IX.DOC CSM030214090650 "CSM030214090650 AT&T MA Reference No. A AT&T SA Reference No. "Business AT&T MANAGED INTERNET SERVICE SERVICE ORDER ATTACHMENT CUST Le NIrae i0.T&T Cori OMER gal AT&T Sales Cor9act�Iertte'::` _:; Y4 Y,I /K: CUSi :MER You ;.Ga' YCfU>~ City of Fort Worth AT&T Corp. James L Suss C:lISTOMER 4ddress. '::... i4" tf<TAdtl es ratl. confect AT T$al'±�sCt�rtte�t�nfitirm�tt�ra:`:`:`:: 1000 Throckmorton 55 Corporate Drive 2501 PARKVIEW DR,#411 Bridgewater, New Jersey 08807 FORT WORTH,TX Fcs': North,TX 76102 76.102-5824 Contact: Telephone:817 334-8929 AT&T Internet Service Contract' Fax:817-334-8946 Management Email:jimsuss@ems.att.com Fax: 1-800-235-7527 Branch Manager:John Tidwell Email: mast @att.com Sales Strata:Growth' Sales Re ion:Southern Clf STONER Car?#ac# A'I& 'Srai�cp�Dora#tact A'I'&T Auharized;Aden l�.fara#lava laara#ac#I:riforanatatt If:a lfcabie Name Hugo Carbajal FMM,Contract Specialist, IP Sales Name: Title: Specialist or CPM,based on strata Company Name: Telephone:817-392-8863 Name:Jim Pound Fax: 3200 Lake Emma Road Email: hugo.carbajal @fortworthgov.org Lake Mary, FL 32748 CUSTOMER Account Number or Master Telephone:407-805-4565 Telephone: Account Number: Email:jpound @att.com Fax: Email: Agent Code: This Service Order Attachment ("Attachment") is an Attachment to the Master Agreement dated between You and AT&T ("Agreement") and is an integral part of that Agreement. In the event of conflict amain nocuments,the order of priority shall be this Attachment,then the Master Agreement General Terms and Conditions. You are entitled to order any of the below Service in the future, to the extent the Service is available atA a time You place Your Sales Order,by signing the applicable Service Addendum. AT&T Managed Internet Service ("MIS") T ;s Attachment is effective when the included Master Agreement is signed by both You and AT&T("Effective Date"). r.iYOUR SIGNATURE OF THE ATTACHED MASTER AGREEMENT BY YOUR-AUTHORIZED REPRESENTATIVE IS YOUR CONSENT TO THE TERMS AND CONDITIONS.OF THIS ATTACHMENT. AT&T PROPRIETARY Page 1 of 14 boa_lptrans.doc v.0i/-&02 CSM036214090650 'C,;x„±/1030214090650 AT&T MANAGED INTERNET SERVICE-SERVICE ORDER ATTACHMENT TERMS AND CONDITIONS 1. DEFINITIONS similar document used for provisioning Your Service A. Capitalized terms used but not defined in this Attachment Component. You must order a Service Component within 90 are defined elsewhere in the Agreement. days of the Effective Date of this Attachment,otherwise AT&T B. "Initial Service Period" for each Service Component is may terminate this Attachment immediately upon written the Service Period stated on such Services' Pricing Schedule notice. Additional orders of Service or Service Components that is attached to this Agreement. The Initial Service Period by You shall not be deemed a supplement or'modification of begins on the Service Activation Date of each Service this Agreement and shall be subject to the terms of this Component and restarts upon upgrades to such Service Agreement. Terms and conditions on any non-AT&T order Components. form shall not apply. C."Sales Order"for each Service Component details specific F. Unless otherwise specified on Your Pricing Schedule, provisioning related information for Your order and is billing for any Service Component You order will begin on the completed after the signature of the Agreement, in Service Activation Date of the Service. However, if by Your consultation with You. It is usually completed during any actions or omissions•the Service Activation Date for Your AT&T technical interviews for the Service. Service Component does not occur by the Scheduled Service D. "Service" means the MIS Service Components You order Activation Date, billing will begin on the day after the under this Attachment, as more fully described in the Service Scheduled Service Activation Date for such Service. Guide. E. "Scheduled Service Activation Date" for each Service 3.TERMINATION Component is the date scheduled by AT&T for Your Service A. You may terminate any Service at any time during the Con-,-,;nt ient to be activated,as may be specified in the Sales Contract Term if You replace such with a new Internet-related Orf.n r for Your Service. service from AT&T having a Service Period and a revenue F. _xcept as specified below, the "Service Activation Date" value which is equal to or greater than the remaining Service fof : Service Component means the date Your Service is Period and revenue value of the Service You are terminating. a.,vated,as more fully described in the Service Guide. B. Either party may..elect, during the-initial Service Period or G. "Service Component" refers to the individual portions of at any time'. thereafter, to terminate-the IP Mail Service the Service You order under this Attachment, as these provided hereunder upon 30 days'written notice to the other components are more fully described in the Service Guide. party.ou may terminate any Service during the Initial Service H. The "Service Guide" consists of the standard AT&T service descriptions and other information relating to each of Period,or during any subsequent Renewal Service Period,by the Services offered under this Attachment, as amended from giving AT&T at feast sixty (60)days' prior written notice and time to time, and is located at payment of any applicable Termination Charges set forth in http://www.att.com/abs/serviceguide or such other designated this Attachment or the Pricing Schedule for such Service. location. D. AT&T may terminate this Attachment or any Service upon 1. "Service Period" for each Service Component consists of written notice to You if You do not comply with the AUP (as the Initial Service Period for such Service Component and all defined in Section 4B). applicable Renewal Service Periods for such Service E. AT&T may terminate the Service, in whole or in part, upon Component(as described in Section 213). ninety (90) days written notice to You if AT&T decides to discontinue such Service,in whole or in part. 2. PRICING, RENEWALS,ORDERS AND BILLING F. Upon termination of any Service by You under this Section A. The pricing for each Service, including any discounts or 3, or AT&T under Section 3D, You will.be responsible for discount plans, is shown on each Service's Pricing Schedule Payment of any charges incurred as of the termination date, and is fixed for the Service Period; provided that IP mail as well as.,access facilities termination .charges or other service shall be provided at the prices specified in Your charges incurred by AT&T as a result of such termination. Pricing Schedule or Service Guide, which prices may be G. In addition, You will be responsible for the Termination revised at any time upon 30 days' notice and which notice Charges set forth in this Attachment or the applicable Pricing may, e provided in writing,by email or website posting. After Schedule d each Service You order if You terminate a th >' :service Period, the pricing will revert to the then-current Service.:under Section 3C of this. Attachment or if AT&T terminates or, n fuis fist price and no discounts or discount plans shall apply. suspeds such Service or this;Attachment or B. a Sales Orders shall be for an Initial Service Period of at the Agreement under the Responsibilities of Parties or the leapt one year, unless otherwise agreed between us in the Termination .-Sections of the Master ;Agreement or under order. Section 3p or 4F`of this Attachment., C.After the Initial Service Period,such Service shall continue H. Either party may elect, during the Initial Service Period or under the terms of the Agreement, for additional consecutive at any time thereafter, to terminate the IP Mail Service 1-year Renewal Service Periods for each Service Component provided hereunder upon 30 days written notice to the other unless either party provides the other written notice that it party.Te Termination Charge during the Initial Service Period, or does not desire to renew such Service. If You do not wish to any subsequent Renewal Service. Period will consist of: (1) renew, You must notify AT&T writing within 30 days after 100% of the scheduled payments for the Service for each of the last day of the applicable Initial or Renewal Service the months remaining, through month 12 of the relevant Period and such notice will not be effective until 30 days after AT&T receives such notice, Service Period; (2) 50% of the scheduled payments for the MIS Service, if any, remaining through month 24 of the m Any Mail Service hereunder is provided on a month-to- relevant'Service Period; (3) 25% of the scheduled payments month basis. for the MIS Service,if any, remaining through month 36 of the E. The options and features of each Service Component which apply to You are contained in a Sales Order or any relevant Service Period; (4) all discounts,.if any, received by AT&T PROPRIETARY_ Page 2 of 14 soa_lptrans.doc v.07/&02 CSM030214000650 'CSA4030214090650 AT&T MANAGED INTERNET SERVICE-SERVICE ORDER ATTACHMENT TERMS AND CONDITIONS yc,.u; and (5) any access facilities cancellation charges or governmental and'third party requirements relating to such other charges incurred by AT&T as a result of such equipment.ppace and conduit. cancellation. F. You may not permit, by action or omission;the sharing of any mailbox,software, password or ID. You shall ensure that 4. RESPONSIBILITIES OF THE PARTIES only the specific individual that is authorized to register for a A. AT&T shall provide Service to You in accordance with the mailbox will use such mailbox. Service Guide, as the same may'.,be revised from time to G. You agree to comply, and to use best efforts to cause all time. Users to-'comply, with United States law regarding the B. You acknowledge that You have read, agree to be bound transmission of technical data and Software which is exported by and shall assure that Users will comply with AT&T's from the.United States. Acceptable Use Policy for the Service (the"AUP"). The AUP H. AT&T will not provide support directly to nor interface with details the types of activities that are prohibited for Your or any User.You are responsible for(1) selecting the Users that Users use of the Service, including but not limited to You permit-to access each Service; (ii) implementing with interfering with or disrupting other network users, network Your Users-appropriate terms, conditions, and measures to services or network equipment. The AUP may be revised ensure'tfiat ail•Users comply with-the terms and conditions of from time to time, and is available for review at: the Agreement; (iii) establishing Your Users' rights to access www.ipservices.att.com/policy.htmi, or at such other address each 'Service; (iv) providing training, copying, installing and as AT&T may specify by posting or email notice ('AUP distributing any Software (and updates, if any)to Your Users; Website'). If You wish to be notified of any modifications to and (v) in.the case of any Service You are permitted to resell the AUP, please visit the AUP Website and subscribe to our under this Attachment,billing and collecting any amounts You AUP modification notification service. By subscribing to this elect to charge Your Users in connection with such Service. AUP modification service, You agree to be bound by the term:::,and conditions contained therein. 5. EQUIPMENT.AND SOFTWARE C.' .:'y of the AT&T Security Services which You may order, A. Equipment.(including all fiber optic or other facilities) and SI.Wh as Managed Firewail Services, are intended for use in any included Software provided to You by AT&T for use in cwi,?mction with a single AT&T-approved Internet connection conjunction with the L Service (collectively, "Equipment"), if to '(our network. AT&T does not monitor other additional any, will be subject to the terms; conditions and licenses set Internet connections which may be maintained by You unless forth in this Attachment or in-the Service Guide. AT&T Security Services are ordered for the connections in B.You,at Your own expense,will provide.in a•timely manner: question. You acknowledge and understand that multiple (i) an equipment. room environmentally compliant with local Internet connections, unless protected by an Internet security laws and other environmental conditions as specified by product or service, may significantly decrease Your overall AT&T; (ii) reasonable access to the Equipment at times network security level. To the extent You deem necessary, specified by AT&T; (iii).adequate work space, heating/cooling, You will implement security procedures and controls light,ventilation, and electrical outlets and (iv)for any Service necessary to limit access to the Service and You will maintain which requires a telephone line, as detailed•in the Service facilities and procedures external to the Service for Guide, you,shall also make available'to AT&T for diagnostic reconstruction of lost or altered files,data or programs.AT&T purposes a local exchange carrier dedicated inbound SECURITY SERVICES SUCH AS MANAGED FIREWALL telephone (POTS) tine, which shall not be used by you for SERVICE (MEWS) AND MANAGED INTRUSION any other purpose while Service is being provided. You shall DETECTION SERVICE (MIDS) DO NOT GUARANTEE also arrange for and'-timely provide the necessary access to NETWORK SECURITY OR PREVENT SECURITY any rights of way;-which AT&T deems necessary to provide, INCIDENTS. AT&T ACCEPTS NO RESPONSIBILITY, NOR maintain or remove the facilities required for any of the ANY LIABILITY FOR THE SECURITY OF YOUR Services on all applicable premises without charge or cost to ELECTRONIC ENVIRONMENT, WHETHER OR NOT AT&T AT&T. Equipment shall not be removed, relocated, modified, HAS INSTALLED ANY INTERNET SECURITY EQUIPMENT interfered with, or attached to non-AT&T equipment by You OR SERVICE. without prior written authorization from AT&T. D. Except for IP addresses expressly registered in Your C. Except for Purchased Equipment; all rights, title and name, all IP addresses, AT&T-based domain names and interest to Equipment will remain with AT&T or its suppliers, telephone numbers shall remain, at all times, property of as the case may be. You will, however, be liable for risk of ATF, <nd shall be nontransferable and You shall have no loss to such'Equipment on Your premises and repair charges use such IP addresses upon termination or expiration or the replacement cost of such Equipment if it is damaged or of `:pis Attachment. lost,unless caused by AT&T or its agents or suppliers. E. `feu shall arrange for and timely provide the necessary D. Title to, and, risk of loss of,''Equipment, including acr.ess to any rights of way, equipment space, conduit, associated software,purchased,by You under this Agreement electrical power and environmental conditions which AT&T (collectively "Purchased Equipment"), will pass to You as of deems necessary to provide, maintain or remove the facilities the delivery date; upon which date,AT&T will have no further required for any of the Services on all applicable premises obligations of any kind (including without limitation operation without charge or cost to AT&T. AT&T will also have the right and maintenance)with respect to that Purchased Equipment. to obtain access to any of its wiring installed in any conduit AT&T hereby. assigns software licenses for Purchased provided by You at any splice or junction box.You also agree Equipment to You, and`You,agree to be bound by the terms to provide AT&T with a safe place to work and to protect all of those.licenses. AT&T retains a_purchase money security AT&T facilities against fire, theft,vandalism or other casualty. interest in;each item of Purchased Equipment until You pay You shall be responsible for compliance with all for it in full;You appoint AT&T as Your agent to sign and file a financing statement to perfect AT&T's security interest. AT&T PROPRIETARY Page 3 of 14 soa_Iptrans.doc v.07/29/02 CSM030214090650 CSM030214090650 AT&T MANAGED INTERNET SERVICE m SERVICE ORDER ATTACHMENT TERMS AND CONDITIONS - E. On termination of the applicable Service,You will return all D. AT&T DNS Services are only available to that portion of Equipment (other than fully-paid for Purchased Equipment) in the Your Service which does not involve DSP Services. DNS the same condition as originally installed, ordinary wear and Services are not available to tfiird parties given access to any tear excepted, or You will pay for restoration of the AT&T Service by ;You, regardless, of whether such parties Equipment to such condition. AT&T will not be obligated to have purchased services from You,. In addition, You will be rQst ra the premises to its original condition. If You do not allowed to•ghost one domain .name owned by the You on reti;,,i the Equipment to an AT&T specified address,then You AT&T's name servers as part of; Your,DNS Service. Any shall be liable for its purchase price (if Purchased Equipment) additional'domain'name hosting which AT&T may offer to or .then-current market value (if other than Purchased provide You will incur,additional,charges.: Equipment). E. THE-,DNS SERVICES ARE PROVIDED ON AN "AS IS" F. ALL EQUIPMENT PROVIDED HEREUNDER IS BASIS. IN.` ,EVENT SHALL AT&T_ BE LIABLE FOR PROVIDED ON AN "AS IS" BASIS AND YOU ASSUME THE PROVIDING, FAILING TO PROVIDE; OR THE RISK ASSOCIATED WITH USE, REPAIR AND PERFORMANCE OR THE FAILURE TO PERFORM OF THE MAINTENANCE OF SUCH EQUIPMENT AND SOFTWARE. DNS SERVICES. WITHOUT LIMITING THE FOREGOING, G. ANY IP MAIL SERVICE PROVIDED BY AT&T IN AT&T DOES NOT MAKE ANY WARRANTIES REGARDING CONNECTION WITH THE SERVICE IS PROVIDED ON AN THE HOSTING.OF'ANY OF .YOUR,. P ADDRESSES OR "AS IS" BASIS AND YOU ASSUME ALL RISK IN DOMAIN:NAMES, THE.SUCCESSFUL-REGISTRATION OF CONNECTION WITH YOUR AND USERS' USE THEREOF. ANY DOMAIN NAME, THE TIME OF SUBMISSION OF THE IN NO EVENT SHALL AT&T BE LIABLE FOR THE APPLICATION OR YOUR RIGHT TO'CONTINUED USE OF PERFORMANCE OR THE FAILURE TO PERFORM OF ANY A DOMAIN NAME AFTER REGISTRATION. AT&T IS NOT VIRUS PROTECTION PROVIDED IN CONNECTION WITH REQUIRED TO PARTICIPATE IN- ANY DISPUTES THE SERVICE. RELATING-' TO ; THE APPLICATION OR THE REGISTRATION'OFANY DOMAIN NAME. 6. DOMAIN NAME SYSTEM SERVICES A.You may,from time to time,request AT&T to host Your IP addresses or domain names, or ask AT&T to submit to a domain name registrar, on your behalf, domain name registration applications (each, an "Application"), for domain names you select(each,a"Domain Name"). If AT&T elects, in its sole discretion, to perform such service, the Applications shall name AT&T as the Technical Contact responsible for such domain name. AT&T is not a domain nail registrar. AT&T's charges for hosting any of Your IP addresses or domain names, or charges for any Domain NaEna management related services (collectively the "DNS P.-i- S ices") do not include the domain name registrar's fees. You'shall be responsible for,and shall promptly pay,all DNS Services and domain name registrar's fees. You represent and warrant that(i)all statements on the Application are true and correct; (ii) none of the requested Domain Names or Your use of any Domain Name will interfere with the rights of any third party, infringe upon any trademark,service mark or other personal, moral or property right; and (iii) You have a legitimate business purpose for registering each Domain Name, which purpose relates to your purchase of the Service. B. With respect to any Domain Name, AT&T may elect to terminate or suspend its hosting of or provision of any DNS Services with respect to any or all of your Domain Names immediately upon written notice if (i) an Application is rejected; (ii) the Domain Name Registration is revoked or placed on "hold" or assigned to a third party; or (iii) AT&T receives or becomes aware of any complaints, conflicting claims, disputes or court orders regarding the Domain Name. C. "Downstream Provider Services" or "DSP Services" are defined as those activities of an entity or company which relate to the provision of IP address or DNS Services to third part where such entity or company does not own the IP adc'.•esses being used as part of such IP address or DNS ser•.,ices. Examples of the entities or companies which p ro Ifide DSP Services include,but are not limited to, Internet S.�rvice Providers, Internet Access Providers, Application Service Providers and resellers. AT&T PROPRIETARY Page 4 of 14 soa_lptrans.doc v.07/29/02 CSM030214090650 CSM030214090650 AT&T Managed Internet Service Pricing Schedule THE PRICING FOR ANY CURRENT OR FUTURE MIS Table.3:.MIS Options 430, FIREWALL SERVICE COMPONENTS IS LISTED 1^1 HE TABLES BELOW. The following discount will be applied In the table below for any current or future.Service Components lnit al Service Period:24 Months You may 0% MIS Option Monthly Tax Exempt:Yes Service Fee Additional Primary DNS(available $100 per DNS Section I: AT&T Managed Internet Service in increments of up to 15 zones with increment Access Bandwidth a maximum of 150 Kilobytes of zone file data Table 1: Tiered T-1, NxT-1, E-1 4nd Frame Additional Secondary DNS $100 per DNS Access Speed MIS MIS Service (available in increments of up to 15 increment Method Monthly w/Managed Component zones`with a maximum of 150 Service Router Discount Kilobytes of zone file data Fee- Monthly Outbound Mail Relay: $150 per List Service 12 Month Initial Service Period domain Price Fee- Outbound Mail Relay: (24 or 36 $100 per List Price Month Initial Service Period domain N/A 56/64 $745 $845 N/A v.04.29:02 Kbps T-1 128 Kbps $895 $995 N/A T-1 256 Kbps $1,120 $1,220 N/A Table 4:ATM And Tiered T-3 T-1 384 Kbps $1,340 $1,440 N/A The following discount will be applied In the table T-1 512 Kbps $1,560 $1,660 N/A below for'any current and future Service Components T-1 768 Kbps $1,630 $1,730 N/A You may order: N/A T-1 - 1024 $1,700 $1,800 N/A Access- Speed.°' MIS Monthly MISw/Managed f--'came Kbps Method Servicefee Router ,T-1 T-1 $1,870 $1,970 53% Monthly Service E-1 E-1 $1,870 $1,970 N/A Fee ATM' 2 Mbps $2,350 $2,850 2xT-1 3 Mbps $3,400 $3,900 N/A ATM 3 Mbps $3,400', $3,900 3xT-1 4.5 Mbps $4,400 $4,900 N/A ATM 4 Mbps $4,300 $4,800 4xT-1 1 6 Mbps $5,000 $5,500 N/A ATM 5 Mbps $4,500 $5,000 v.12.09.02 ATM/T-3 6 Mbps': $5,000' $5,500 ATM. .7 Mbps $5,650.. $6,650 Table 2: Burstable T-1 ATM i' 8 Mbps ' $6,250 $7,250 ATM 9 Mbps $6,850 $7,850 The following discount will be applied in the table ATM/T-3 10 Mbps $7,350 $8,350 below for any current and future Service Components ATM/T=3 ' .15,Mbps $9,850 $10,850 You may order: NIA ATM/T-3.. .20.Mbps $12,350 $13,350 Sustained Usage MIS Monthly MIS w/Managed Router ATM/T-3 25'Mbps $14,900 $15,900 Note 6 Service Fee Monthly Service Fee ATM/T=3 30 Mbps $17,400 $18,400 up to 128kb s $1,080 $1,180 ATM/T-3 35 Mbps $19,950 $20,950 128.01 -256 Kbps $1,350 $1,450 ATM/T-3- r40 Mbps $22,450 $23,450 256.01 -384 Kbps $1,610 $1,710 ATM/T-3 45 Mbps $25,000 $26,000 384.01 -512 Kb s $1,880 $1,980 -512.01 Kbps- $2,250 $2,350 v.08.28.'02" s 544 Mb s v�.�t_".09.02 v 12.09.02 ps_mis custom.rtf CSM030214090650 AT&T PROPRIETARY Page 5 of 14 . •CSM030214090650 AT&T Managed Internet Service Pricing Schedule Table 5: Burstable T-3 Table 7t Multiple Access Redundancy Option (MARO) Burstable T-1 with Shadow Billing Option The following discount will be applied in the table below for any current and future Service Components The following discount will be applied In the table You may order: N/A below for any current and future Service Components Sustained Usage MIS Monthly MIS w/Managed Router You'ma order: N/A Note 6 Service Fee Monthly Service Fee Sustained Usage MIS­ MIS w/Managed Router -up to 6.0 Mb s $6,050 $6,550 (Note 6) Monthly "Monthly Service Fee 6.01 -7.5 Mb s $7,150 $8,150 Service' 9.0 Mb s $8,250 $9,250 Fee V,IM a 10.5 Mb s $9,150 $10,150 Up td,66 Kbps,, $500 $500 1."40.51 -12.0 Mb s $10,050 $11,050 For MARO . ,., For s MARO For MARO Redundant '1:2.01 -13.5 Mb $10,950 $11,950 Redundantilnk'' Redundant Link Service Only 113:51 -15.0 Mb s $11,850 $12,850 Service:Only Link 15.01 -16.5 Mb s $12,600 $13,600 (Shadow Billing) Service 16.51 -18.0 Mb s $13,350 $14,350 Note 7 Only 18.01 -19.5 Mb s $14,100 $15,100 up to 128kb s $1,080 $1,180 19.51 -21.0 Mb s $14,850 $15,850 128.01 -256 Kb s $1,350 $1,450 21.01 -45.0 Mb s $30,050 $31,050 256.01 -384 Kb s $1,610 $1,710 v.12.09.02 384.01 -512 Kb s $1,880 $1,980 512.01`Kbps- $2,250 $2,350 Table 6: Flexible Bandwidth Billing Option-Burstable T-3 1.544 Mb s v.12.09.02 The following discount will be applied Incremental Table 8:MARO Burstable T-3 with.Shadow Billing Option to the MIS & MIS w/Managed Router Usage Fee pricing below for any current or future Discount: Service Components You may order: 68% The following discount will be applied In the table 68% below.-,for any current and future.Service Components Tiered MIS MIS with Incremental You ma�ordemN/A Bandwidth Monthly Managed Usage Fee Sustained.Usage MIS MIS w/Managed Router Minimum Fee Router Per Mbps (Note 6) Monthly Monthly Service Fee Commitment Monthly Service Fee Note 8 Fee Up to 56 Kbps. $5,000 $5,000 2 b s $2,350 1 $2,850 $1,410 For MARO For MARO For MARO Redundant `3M s $3,400 $3,900 $1,360 Redundant Link Redundant Link Service Only 4 Wb s $4,300 $4,800 $1,290 Semc'e"Only Link_ 5,?Vib s $4,500 $5,000 $1,080 (Shadow,Billing) Service Z:IVIb s. $5,000 $5,500 $1,000 Note a' •; Only 7 Mb s $5,650 $6,650 1 $969 up to 6.0.Mb s; $0,000, $6,550 8 Mb s $6,250 $7,250 $938 6.01;-7.5 Mb s $7,150 $8,150 9 Mb s $6,850 $7,850 $913 7.51 -9.0 Mb s $8,250 $9,250 10 Mb s $7,350 $8,350 $882 1 9.01 -10Z,Mb s $9,150 $10,150 15 Mb s $9,850 $10;850 $788 10.51 -12.0 Mb s $10,050 $11,050 20 Mb s $12,350 $139350 $741 12.01 -13.5 Mb s $10,950 $11,950 25 Mb s $14,900 $15,900 $715 13.51.-1.5:0 Mb s $11,850 $12,850 30 Mb s $17,400 $18,400 $696 15.01.-:18.5 Mb s $12,600 $13,600 35 Mb s $19,950 $20,950 $684 16.51 =18.0 Mb s $13,350 $14,350 40 Mb s $22,450 $23,450 $674 18.01.-19.5 Mb s $14,100 $15,100 19.51 -421.0 Mb s: $14,850 : $15,850 45 Mbes $25,000 $26,000 N7A 21.01 7.45.0 Mb s, $30,050 $31,050 v.04.29.02 v.12.09.02 v 1^,09.02 ps_mis_custom.rtf CSM030214090650 AT&T PROPRIETARY Page 6 of 14 'CSM030214090650 AT&T Managed Internet SeNlce Pricing Schedule_ Table 9: MARO Features-Monthly Service Fees v.04.29s02 TabI6A0:..On-Site Installation Option Monthly Service Service Fee Component The following discount will be,applied,In the table List Price Discount for arty current.and,future Service Components Alternate T-1:$500 N/A You ma :order: 0%° B ckbone Node NxT1: MIS Speed MIS with Managed f;dtion- Router Onl ;additional charges $500 per T-1 56 Kb s.: $3 800 ',,!a Private Line,per T3:$5,000 128 Kb s-'1.5 Mbps $4,800 .$ervice Component OC-3$12,000 NxT4 3:0 Mb 2s - 6.0 Mbps)' $5,000 CPE Redundant T-1:$250 N/A Tiered/Full T-3 $5 000 Tiered OC-3, Configuration NxT-1:$850; OC-12`OC-48 $10,000 Option-Per Service T3:$1,500• Fast Ethernet, $10,000 Component OC-3$1;500 v.04.29.02 Backbone Node $500 per T-1 N/A Redundancy Redundaclt Link Option-additional $5,000 per T-3 Table 13;Tiered OC-3(ICB Only) - charges via Private Redundant Link The following discount will be applied in the table below Line,per Redundant $12,000 per OC- g pp Link 3 Redundant for,any current and future Service Components Link You'rna 'order: N/A Outbound Load $350 N/A Speed `` MIS`Monthly ,, .MIS w/Managed Router Balancers (2) Service Fee Monthly Service Fee (Dual Managed 2 Mbps' $2,350 $2,850 Customer Routers) 3 Mbps;.. $3,400 . $3,900 v.12.09.02 4 Mbps,. $4,300 $4;800 4.5 Mbps $4,400' -$4,900 Table 10: MIS and MARO Features - Installation Fees 5 Mbps "' $4;500 $5,000 (1.0,1B Only) 6 Mbps-: . $5;000 $5;500 T following discount will be applied to the table 7 Mbps $5,650 $6,650 below for any current and future Service Components 8 Mbps $0,250' $7,250 YET :may order: 0% 9 Mbps:.: $6,850 $7,850 -Option Installation Fee 10 Mbps; _ $7;350 $8,350 List Price 15 Mbps '$9,850" $10,850 MIS&MIS w/Mana ed Router 20 Mbps _ " "$12,350 $13,350 MARO.Outbound $1000 25 Mbps. $14,900 $15,900 Load Balancers(2) 30 Mbps $17,400 $18,400 (Dual Managed Customer Routers 35 Mbps <119,950 $20,950 MIS-Outbound Mall $100 40 Mbgs $22,450 $23,450 Relay 60 Mb s' $31;300 $32,300 v.04.29.02 155 Mb s $71,200 $72,200 v.04.29.02 Table 11: MIS Tale-Installation The following discount will be applied in the table for any current and future Service Components You may order: 100 MIS Speed MIS MIS with Managed Router 56 Kb s $1,000 $1,000 128 Kb s- 1.5 Mbps $1,000 $1,000 WT-1 (3.0 Mbps,4.5 $2,500 $2,500 FX-';os!&6.0 Mbps) "`,'s'ered/Full T-3 $5,000 N/A Eered OC-3, $10,000 N/A 04:-12,OC-48 - Fast Ethernet $10,000 N/A _ v 12.09.02 ps_mis_custom.rtf CSM030214090650 AT&T PROPRIETARY Page 7 of 14 CSM030214090650 AT&T Managed Internet Service Pricing Schedule Table 14: Burstable OC-3(ICB Only) You ma :order: N/A ;Speed MIS MIS The following discount will be applied in the table Monthly' w/Managed Router below for any current and future Service Components Service Monthly Service You may order: N/A Fee Fee Sustained Usage MIS Monthly MIS w/Managed U to 75.OMb s. .-..$45 150 $46,150 (Note 6) Service Fee Router Monthly 75.01 to 150.0 Mbps $75,000 :$76,000 Service Fee 150.01 to 225.0 Mb s $104,850 $105,850 Up to 35.0 Mbps $23,950 $24,950 225.01'to 300.0 Ml s $134,650 $135,650 35.01 to 45.0 Mbps $30 050 $31 050 300.01 to 375.0 Mbps $16-0,15-0a $161,150 45.01 to 55.0 Mbps $35,050 $36,050 375:01`to'450.0 Mbps $185,650 $186,650 55.01 to 65.0 Mbps $40 100 $41 100 1450.01 to 525.0 Mti�s $210,850 $211,850 65.01 to 75.0 Mbps $45 150 $46 150 525.0'9.to 622.0 Mb's $243,400 $244 400 75:01 to 85.0 Mbps $50 200 $51,200 85 A) ''o'100.0 Mbps $57,750 $58,750 v°04.29'02" to 125.0 Mbps $70,350 $71,350 Table 18,:Flexible:Bandwidth Billin O tion- Burstable '�'.�5.01 to 155.0 Mb es $85,450 $86,450 OC-12.(ICB On,ly) .., 9 p v,114.29.02 Table 15: Flexible Bandwidth Billing Option- The'following discount will be applied Incremental Burstable OC-3(ICB Only) to the MIS & MIS w/Managed Router 'Usage Fee pricing below for any current or future Discount: The following discount will be applied Incremental Service`Components You N/A to the MIS & MIS w/Managed Router Usage Fee ma order: NIA : .:Tiered MIS MIS with Incremental pricing below for any current or future Discount: Service Components You N/A Bandwidth-- Monthly ;. Managed .Usage Fee ma order: N/A Minimum Fee Router Per Mbps Commitment Monthly Tiered MIS MIS with incremental Note 7)_ Fee Bandwidth Monthly Managed Usage Fee Minimum Fee Router Per Mbps 70 Mbps-, $35,500 $36,500 $609 Commitment Monthly 80 Mbps,, :-: " $39,700 $40;700 $596 Note 8 Fee 90 Mbps $43 900 '' ' $44,900 $585 35 Mbps $19,950 $20,950 $684 100Mb s 148,100 $49;100 $577 40 Mbps $22,450 $23,450 $674 120 Mbps $56,500 $57,500 $565 45 Mbps $25,000 $26,000 $667 144 Mbps, $64,900 $65,900 $551 60 Mbps $31,300 $32,300 $626 155;Mb 's : $71,200. ' ,$72,200 $541 70 Mbps $35,500 $36,500 $609 200'Mb s `,$83 900 $88,900 $503 80.Mb s $39,700 $40,700 $596 250 Mbps. '" ' $98,050 $103,050 $471 $43,900 $44,900 $585 300 Mfg ♦s. $112,200 $117,200 $449 "v0`Mb s $48,100 $49,100 $577 350 Mb 's $126,400 f s, , E$131,400 $433 400 Mb s $140,550- $422 20 Mbps 56,500 $57,500 $565 450 M $413�,4 Mbps $65,900 $551 500 Mb s$72,200 N/A .8,85A., $405 155 Mb s $71,200 550 Mb s ;:$183 000 $399 v.04.29.02 600 Mb's $197,150 $202';150 $394 Table 16:Tiered OC-12(ICB Only) 622 Mb s. $202,800 $207,800 N/A v.04.29.02 The following discount will be applied In the table for any current and future Service Components Table 19:Tiered OC-48(ICB O l Y) You mayor er N/A Speed MIS Monthly MIS w/Managed Router The following discount will be applied In the table Service Fee Monthly Service Fee for any current and future Service Components 16??_Mkgs $202,800 $207,800 You ma 'order:NIA v.04.29.02 Speed MIS`Monthly MIS w/Managed Service Fee Router. Table 17: Burstable OC-12(ICB Only) Monthly Service Fee 2.5,Gb s ' .$784;000 $794,000 The following discount will be applied in the table v.04.2902, for any current and future Service Components Table 20: Burstable,OC-48(ICB Only)`... v 12.09.02 ps mis_custom.rtf CSM030214090650 AT&T PROPRIETARY i Page 8 of 14 .f,. CSM030214090650 AT&T Managed Internet Service Pricing Schedule 15,Mb s $9,850 $10;850 $788 The following discount will be applied in the table 20,M0 s ..$12,350 $13 350 $741 for any current and future Service Components 25 Mij s $14,900 $15,900 $715 You may order: N/A 30 Mbps . $17 400 $18 400 $696 Sustained Usage MIS Monthly MIS w/Managed 35 Mb s $1.9,950 $$20'950 $684 (Note 6) Service Fee Router Monthly 40 Mbps °$22 450- ,:$23;450 $674 Service Fee 45 Mbps $25,000 $28.000 $667 Lr to 1250 Mbps $486,000 $498,000 60 Mb p6 $81,300 $32,300 $626 1;.,1 to 1350 Mbps $523,900 $535,900 70 Mbps* $35,500 $36,500 $609 1:1.51 to 1450 Mbps $561,800 $573,800 80 Mb•s, $30,7100 .$40 700 $596 1(;•51 to 1550 Mbps $599,700 $611,700 90 Mb 5= $43,9.00 $44 9.00 $585 1551 to 1650 Mbps $637,600 $649,600 100-Mb"`s $48,100 $41100 N/A 1651 to 1750 Mbps $675,500 $687,500 v,04.29.62 1751 to 1850 Mbps $713,400 $726,400 - 1851 to 1950 Mbps $751,300 $763,300 Table 23c':Flexible Bandwidth Billing Option-Gigabit 1951 to 2050 Mbps $789,200.; $801,200 Ethernet QCB Only) 2051 to 2150 Mbps $827,100,1 $839,100 The following discount will be applied Incremental 2151 to 2250 Mb ps $865,0001 $877,000 to the Ml$ & MIS w/Managed•Router Usage Fee 2251 to 2350 Mbps $902,900 $914,900 pricing.below for any current or.future Discount: Service Components You may order: N/A 2351 to 2450 Mbps $940,800 $952,800 N/A v.04.29.02 Tiered...: MIS MIS with Incremental Bandwidth Monthly Managed Usage Fee Table 21: Flexible Bandwidth Billing Option-Burstable Minlrnufn Fee Router Per Mbps OC-48(ICB Only) Commitment, °Month[ y Note; Fee The following discount will be applied Incremental 100-Mb s $48,100 $49,100 $577 to the MIS & MIS w/Managed Router Usage Fee 120 Mbps $56,500 $57,500 $565 pricing below for any current or future Discount: 1441Mb s $64,900' ° -$65,900 $551 Service Components You N/A 155 Mbps, $71,200 $72,200 $541 May order:N/A 1 200 Mbps- $83,900 $88,900 $503 fge•ed MIS MIS with Incremental 250 Mb' s $98,050 $103;050 $471 v iidwidth Monthly Managed Usage Fee Minimum Fee Router Per Mbps 300 Mbps $112,200 $11'7,200 $449 commitment Monthly 350 Mb`5 $'126,400 ` $'131;400 $433 .Note 8 Fee 4000b s: $140,550 $145,550 $422 600 Mbps $197,150 $202,150 $394 450 Mb"s $164,700" $159`700 $413 622 Mbps $202,800 $207,800 $391 500 Mbps $168,850- $173;850 $405 700 Mbps $225,450 $230,450 $390 550 Mbps $183,000 $188,000 $399�s 800 Mbps $253,750 $258,750 $389 600 Mb $197,150 $202,150 $394 1250 Mbps $405,000 $41.5,000 $388 622 Mbps, $202,800 $207,800 $391 1550 Mbps $500,000 $510,000 $387 700 Mbps- $225,450 ' ,$230,450 $390 1850 Mbps $595,000 $605,000 $386 800 Mbps 2150 Mbps $690,000 $700,000 $385 (ICB , $253,750 $258;750 $389 2450 Mb es $784,000 $794,000 N/A 900 Mbps v.04.29.02 ICB $283,500 $290,588 $389 1000'Mbps Table 22: Flexible Bandwidth Billing Option-Fast NCB $313,000 $320,825 N/A Ethernet (ICB Onlyl v.04 29 02 The following discount will be applied Incremental Table g4: Class`Of�Se'rvice Option Tiered T-1,T-3 and to the MIS & MIS w/Managed Router Usage Fee pricing below for any current or future Discount: BurstabNe Service-_Monthly Service Fees(ICB Only) Service Components You <N/A When You order the'Ciass Of Sei'lrace''Option in a burstable may order: N/A configuration,`:then: each month. You will be billed as Tiered MIS MIS with Incremental follows•(i);if Your method,of access is:a T-1 , You will be B ndwidth Monthly Managed Usage Fee billed,-,at:1he­rate form full' (1.54; T-1 (ii) if Your 6! ;.imum Fee Router Per Mbps method.of,access is.A.T-3 You will*be_billed;at the rate for a t,ommitment Monthly full T$ (45Mbps): tote 8 Fee 10 Mbps $7,350 $8,350 $882 v 12.09.02 ps_mis_custom.rtf j CSM030214090650 AT&T PROPRIETARY Page 9 of 14 'CSM030214090650 AT&T Managed Internet Service Pricing Schedule The following discount will be applied to the pricing in MIS+NCS Site the table below for any current or future Service License Fee 5 $1.050 Components You may order: N/A MIS-.-NOS Tier 1 Speed MIS w/Managed Router Su or¢ $100 Monthly Service Fee v.04.29.02 1.5 Mbps $225 10 Mbps $825 Tabi'®28g MIS and MARO.Features. 15 Mbps $1,075 Installation.Fees(ICS Only) , 20 Mbps $1,325 The following discount will be.applied to the table 25 Mbps $1,575 beioW Ior any current and future Service Components 30 Mbps $1,825 You ma ,order: 0% 35 Mbps $2,100 Feature - Installation Fee List Price 40 Mbps $2,350 MIS&'•MIS.V►/Managed Router 45 Mbps $2,750 MIS+NCS Site, $2,500 va;08 2.8:02 Pre aration Fee'_+ v.04 29 02. 7-Able 25: Class Of Service Option-Flexible Bandwidth 13 ding Option-Monthly Service Fees(ICB Only) Table 29­NTS Cross Connect Fee-(ICB Only) Speed MIS w/Managed Router The following discount will be applied to the Month) Service Fee table below for any current or future Service Up to 2.0.Mbps $285 Com onents You may order: NIA 2.01 -3.0 Mbps $360 NTS Cross Connect Fee-MIS& 3.01 -4.0 Mbps ;;; $435 IMIS w/Mans ed.Aouter 1$250 4.01 -5.0 Mbps $510 v.04.29602• 5.01 -6.0 Mbps $575 6.01 -7.0 Mbps $640 Table 30:°MIPNS-MPLS PNT Feature 7.01 -8.0 Mbps $705 8.01 -9.0 Mbps $765 The following discount will be applied to the 9.01 to 10.0 Mbps $825 table,belovu for.,.arDj/current or future Service Comp onents-Vou ma orcYer: :.N/A 10.01 to 15.0 Mbps $1,075 Speed., Monthly Service Fee 15.01 -20.0 Mbps $1,325 r��71S and 20.01 -25.0 Mbps $1,575 MIS Vv/Managed Router 25.01 -30.0 Mbps $1,825 $200- . 30.01 -35.0 Mbps $2,100 2 Mbpe thru 10 Mbps,... $1,000 for each speed 35.01 -40.0 Mbps $2,350 in 1 Nb s Increments increment 4.0.01 -45.0 Mbps $2,750 fS,Mb" s $1;000 vXA-,21'02 ,20 Mbps .$2,000 '$2,000 1`.Ible 26:Class Of Service Option-Installation Fees 30.Mb s .~ $2,000 (S L S Only) 35 Mb s: $2,000 40,Mbps $2,000 The following discount will be applied to the AS Mbps, $2,000 table below for any current or future Service GC-3 155 Mbps) $5,000 Components You may order: NIA OCA.2 622 Mb s $10,000 Class of Service for MIS with $1,000 OC-48 2.5 Cb s $20,000 IManaged Router Installation Fee;; v.08.28.02:. . ........,.._. v.04,29.02 Table 31:' MIPNS Table 27: MIS+NCS Option(ICB Only) N/A The following discount will be applied to the IMIPNS.Monthly Service Fee ­ .*­` ICB table below for any current or future Service Components You may order: N/A Table 32 MultlCas4 MonthlyService'Fee Feature Monthly Service Fee MIS Only NIA MIS+NCS Site License Fee 3 $1,200 Multicast Monthly Service Fee ICB v 12.09.02 ps mis custom.rtf C8MOv029.a090650 AT&T PROPRIETARY Page 10 of 14 CSM030214090650 AT&T Managed Internet Servic® Pricing Schedule Managed Firewall-Hi $12,500 N/A Table 33: MuitiCast Installation Availability/Load Balancing N/A Cluster of 2 FireWbIls MultiCast Installation Fee ICB Additional Firewdlls in ' "-'$S 0,06r N/A High.AvaiabilityCluster* additional (above;cluster of 2, up to firewall Section II-Managed Firewall Service Pricing-ICB la total of 5 v.04/29102.• ' Table A. Monthly Fees for Router and Server Based Table E ;'$erver Based Firewall Options: ICB Firewalis . (1)Monthly Service Charges Option Monthly Service Service F` Fee Component The following discount will.be-applied in the table List Price Discount below fd :any.current and.:futur6 Service Components Router Based $300 N/A You are`eli Ible`,to orden N/A. Firewall Option Server Based Firewall options Monthly Server Based $2,500 N/A Service Firewall 0 Lion Fees v.12/09/02 List Price Triple homed Option (DMZ) $500 (Server,'-Based) Table B-Installation Fees for Router and Server Double`Homed Option $0 Based Firewalis (Unprotected DMZ URL Screening ebsense Option Tele-Installation Discount To be (Managed Firewall URL $100.00 Fee-List Price Applied To The "Screentn 100.User List Price r "Maiiaged'FirewalI VRL„ $350.00 Router Based $2500 N/A Screenln.' 500 User,r Firewall Managed'Firewall URL $500.00 Server Based $5000 N/A ;,Apreenl!j 1000. ser. Firewall Managed,Firewall URL $900.00 v.04/29/02 i-Screenln 3000.User_, Y r Managed Firewall URL-,-.1. $1,250.00 ::Screenin g 5000 User TO.K.gyp .-Server Based High End Firewall-Monthly Support'.;For'Customer;Managed and $0 Provlded.Software. T`�a following discount will be applied in the table below 100 Mb;Ethernet Support Managed $200.00 fv-,any current and future Service Components Firewall bGMb,Ethernet You are eligible to order:N/A SupporE�or Customer;,Prolrided $50.00 Options Monthly Service Fees I Stron 7Authentication Server List Price Managed Firewall-Support For $750.00 Hi Availability/Load $6250 Extranef Balancing(Cluster of 2 Managed Firewall-Support For $0 Firewalis) Remote:User. lPN:; Additional Firewalis in $2-,500 per additional Firewall-to„Firewall VPN=,(AT&T $500 High Availability firewall Mana ed`Firewall Locations Cluster(Up to 5 total) Firewall•to.Firewail VPN (Customer $1000 v.04/29/02 Managed Firewall Location Firew6II'Avallabilit Reporting; $500 Table D—Server Based High End Firewall- Managed;Firewall,=Support For. $500 Installation Har..idware-Encryption Acgaleratiori v.04/20/,02 . Option Installation Service Fees Component (il)Installatlon Charges List Price Discount The foil owing discount wilt bp,:#pplIed.;In the table below for any current.and,future Servlce;.Compgnents You are ellglb161o�6rder..N/A ps_mis_custom.rtf ,CSIVI03021�3090650 AT&T PROPRIETARY Page 11 of 14 n;;41030214090650 AT&T Managed Internet Seric� Pricing Schedule { Firewall Options Installation Fees Next,B'umhdss®a List Price L4B ays/weeko 24.hours/day, $500.00 Triple Homed Option (DMZ) $0 usi ness Hours Server Based v.04/29/02 Double Homed Option $200 (Unprotected DMZ URL Screening ebsense Table-"H I FS--Cisco PIX®Option- Managed Firewall URL $350.00 Monthly'Charges Screening 100 User Managed Firewall URL $350.00 Option Monthly- : Service Screening 500 User service Fee Component Managed Firewall URL $350.00 `List::i?rlce Discount Screening 1000 User Managed Firewall URL $350.00 Small Office $560.00 N/A Screening 3000 User Medium Office $2,000.00 N/A Managed Firewall URL $350.00 Medium Office_,. Screening 5000 User Hi"h-AV6116billt � .$4"0,00.00 N/A Support For Customer Managed $500.00 Large Office" and Provided Software High Availabilt' " '" $71000:00 N/A' 1,00 Mb Ethernet Support - $200.00 Large Office'�High ' I!I !ug ed Firewall 100Mb Ethernet Availabilit .;Cal 'E $7;500.00 N/A _ ,upport For Customer Provided $250.00 a Extra Large High . `-:ron Authentication Server Availal5illt";.OI $15,000:00 N/A ':kdnaged Firewall-Support for $500.00 v.08/28/02`• Extranet Managed Firewall-Support for $1000.00 Table I MFS Cisco•PIX®Option Remote User VPN Installation Charges Firewall to Firewall VPN-(AT&T $500 Managed Firewall Location) Option Installation Service Firewall to Firewall VPN- $1000 Fees, Component (Customer Managed Firewall LIst Price Discount Location) Small' ffive $2,500.00-,., N/A Firewall Availability Reporting $500 Medium Office $2,500.00 N/A Managed Firewall-Support For $500 Medium_Office:' Hardware Encryption Hi h.Availabilit w 1$4,500.00 . " N/A Acceleration LaraeCffice, •;.,; , v.04129102 Hi h 4uallabilt $10,500.00. -N/A Large Offlce:HIgh Table F:Triple Homed Option-Router based Avaha[ flit GI E $11,000:00 N/A The following discount will be applied in the table Extra I Orge High- below for any current and future Service Components AvaIIa6iilt OI E> $1.8.500,,j00,--,. N/A You are eligible to order: N/A v.08128102:,, FT;tion Installation Fee Table J IFS Cisco PIX®Options Homed Option $500 Monthly charges. Optibrr ;,Monthly Service Ti'ble G: On-Site Maintenance/Service Level Response Service.Fee Component Time Options-Monthly Service Charges Cist'Price Discount Virtuai Private The following discount will be applied in the table Network O tion : $500.00 NIA below for any current and future Service Components DMZ O tiom ' $700.00 N%A You are eligible to order: N/A - Maintenance/Service Level Monthly Service Extranet O tlon $700 00_:,; N/A Response Time Charge* v.07/29102` 5 days/week,8 hours/day, Standard-available at Next Business Day no additional charge Table`K: MFS=='Cisco PIX®Options``- 5 days/week,8 hours/day,4 $150.00 Installation Charges Business Hours 7 days/week.8 hours/day $300.00 Option : ;,Installatlort Service v 12.09.02 ps_mis_custom.rtf CSM030214990650 AT&T PROPRIETARY - Page 12 of 14 CSM030214090650 AT&T Managed Internet Service Pricing Schedule Fees Component The following-discount will be applied. in the table List Price Discount below for_�any`current and'future Service Components Virtual Private You are ell'ibYe to order:N/A - Network Option $500.00 N/A MIDS;Oppdn Installation Fee URL Filtering List Price Option 1 $1,000.00 N/A H Bundled with MFS-SB $3,000 DMZ Option $500.00 N/A Managed:lntrusion.petection Extranet O Lion $500.00 N/A Service: MIDS 10 MB " • V.07/29/02 Bundled With MFS-SB $3,000 Managed:Intrusion Detection Section III - Managed Intrusion Detection Service Service MIDS 1OO MB ("MIDS")-ICB v.04.99.02` Table A : MIDS Standalone Option - Monthly Service Section IV:Additional Service Fees Fees 'Fh0.z 4ailowing discount will be applied in the table Moving Fees b'T.-°yw for any current and future Service Components Y06 are eligible to order: N/A Re-installation of'an AT&T MIS Service Component at a new location,$1,000 per location.. .: r fflS Option Monthly Service Fee List Price Re-installation'.,services performed outside of standard Stand Alone Managed $2,700 operating`hours,(8:00 a.m. to 5:00 pm. Monday through Intrusion Detection Service Friday):$50.0 per location. MIDS 10 MB Stand Alone Managed $3,200 Intrusion Detection Service Additional Charges: Additional=one time-charges may MIDS 100 MB apply for.services a'nd support.ren.dered in excess of what is provided ,in this Pricing,..Schedule. AT&T and the Customer ;-will mutually agree" upon these charges Table B: MIDS Standalone Option-Installation Fees (minimum $100) before any such services or support is rendered... The following discount will be applied in the table SERVICErhOTES: below for any current and future Service Components You are eligible to order: N/A 1. installation Charges are' a one-time charge due within MIDS Option Installation Fee 30 days of the.Service Activation Date for each Service List Price Component. Stand Alone Managed $7,500 2. UC 3"and above.installation costs will be provided to Intrusion Detection Service you on,.a case.`by case•basis Additional charges may MIDS 10 MB apply for services•- or features`:not, "specified herein, Stand Alone Managed $7,500 including iccation changes and professional services. Irit-,losion Detection Service 3. The Loca'L:Access Installation means connection of the (Yf,,,) 100 MB Your preriiise to`,the local access-loop: Install charges for Local A 9049 Ao=t include special construction, special v,04.29.02 build out costs,°:or:,any other costs.:incurred by AT&T in connection•:!with:installation of the local access loop. Table C: MIDS Bundled Option-Monthly Service Fees 4. Access,Facilities,.will be,priced on;an individual case basis by,Your:AT&T Representative from Your location to The following discount will be applied In the table the point where service availability- has been defined. below for any current and future Service Components Unless.You purchase the MIS Local Access Combination, You are eligible to order: N/A the Access Facilities are neither included nor billed under MIDS Option Monthly Service Fee this Agreement ,,Service will..be available at all AT&T and List Price ACCUNET Points of Presence,within the 48 contiguous Bundled with MFS-SB $2,250 states ot!the United States, _Puerto.Rico, and the U. S. Managed Intrusion Detection Virgin Islands: Service MIDS 10 MB 5. The features--of the MIS Service and any of the Bundled with MFS-SB $2,750 available options-are contained in the Service Guide. 6. With AT&T Burstable Service,iYou are able to burst to Managed Intrusion Detection the full bandwidth­of your Service at any time. The Service MIDS 100 MB monthly charge for Your,.Service is':based,on sustained v.04.29.02 usage and will be'charged at the rates contained in the applicable,:.Burstable:,table for Your Service; however the Table D: MIDS Bundled Option-Installation Fees minimum monthly rate You will be charged for Your Bursfable,Service is based on'the lowest speed tier in the v 12.09.02 ps_mis_custom.rtf CSM030214090650 AT&T PROPRIETARY Page 13 of 14 y CSM030214090650 AT&T Managed Internet Serv9ce Pricing Schedule B ratable- table for Your Service. AT&T will measure rate for the Managed Router Option: all of the other u :ration at five minute intervals in each direction, leaving PVC ports will be•bIIIed at the standard;MiS,port rate. af'_d entering the site. The level of utilization below which 12. For Custome'r,1s who,order•the Diversity Option, AT&T ninety-five percent (95%) of the samples fall is the will makesreasonable efforts 4o..honor.specific Customer sustained usage. Backbone,'Node,.location.,r"quests, subject to the various 7. The MARO Redundant Link Burstable Pricing (also capacity,constraints at each of the.Backbone Nodes. known as Shadow Billing) contained in Tables 2 and 5 is 13. For,Customers who order•'the-NBFS•Service, You only available to customers who order MARO Service for agree to-allow-AT&T,to interconnect your internal packet the Redundant Link in a shadow configuration (i.e as a network to"AT&T via ordering such.Service. dormant backup for the Primary Link),as this is detailed in 14. The Class of..:Service_.Option::is available only via the Service Guide. In general, the 56K Redundant Link private line'.access-and only for speeds from T1 to T3,at a Burstable Pricing is only applicable.to the Redundant Link fixed premium per port speed.:=Managed router service is of Your MARO Service when it is used in a shadow also required. configuration. Any usage of the Redundant Link above 15. IC13 L Available Only On.An Individual Case Basis. 56K will be charged at the rates contained in Tables 2 or 16.N/A=Not Available 5, as the case may be for Your Service. Please see the Service Guide for details. v 8. If You order the Flexible Bandwidth Billing Option,Your monthly charges are based on Your usage of the Service. Each month, Your usage consists of the following two components - (1) The Flexible Bandwidth Minimum Commitment Level You select and (ii) any per Mbps Incremental Usage Fees which You incur for Sustained Usage above Your Flexible Bandwidth Commitment Level in a given month. These charges are detailed in the applicable Flexible Bandwidth Billing Option table you are " orda.,ing from.AT&T will measure utilization at five minute in;. .als in each direction, leaving and entering the site. Tke level of utilization below which ninety-five percent (El5%)of the samples fall is the Sustained Usage. 9. 'Options for the Managed Intrusion Detection Service include Managed Firewall Service ("MFWS'). This Option is available solely to MIS customers that lease their router from AT&T. The selected Service Period should be coterminous with the AT&T Managed Internet Service with which the MFWS Service is installed.Title to and all rights in any AT&T-provided software installed at Your facility under this Addendum shall remains;with AT&T and no use rights of any kind are granted to You. 4 10. MARO is available through the AT&T Point of - Presence nearest to each MIS Customer location and subsequently routed per AT&T's discretion. Any other routing arrangement requested by the Customer shall incur additional charges, which vary on a case by case basis. MARO is available for both MIS and MIS with Managed Router Customers. 11. The ATM Multiple PVC Option is available only for Tiered fractional T-3 or OC-x MIS ports.This option is not available in any burstable configuration. Also, for any customers who order the MIS w/Managed Router Option, the PVC which has the highest speed will be billed at the - v 12.09.02 ps_mis_custom.rtf CSM030214690650 AT&T PROPRIETARY Page 14 of 14 AT&T SA Reference No. AT&T MA Reference No. AT&T Managed Internet:Service T-1 Local Access Promotional Addendum Customer Name('Customer", You or"Your") Customer Address City of Fort Worth 9000 Throckmorton _ Fort Worth,*X 7616 817-392-6863 AT&T provides an AT&T Managed Internet Service Component.("MIS" or "Service! to You under Your AT&T Attachment for Internet Transport Services, or Your AT&T Attachment'for VPN Tunneling Services, which is part of Your Agreement. This Addendum amends and supplements.the Attachment to.implement Your order for pi ,,uses of the promotion detailed herein, which shall be known as the"T-1.Local Access Promotion". Therefore, e>;cept as this Promotional Addendum expressly provides, Your Attachment;is,in,effect according to its terms and conditions, including without limitation the applicability of any other fees',and.charges specified therein. This Addendum is effective when signed by You and accepted in writing by AT&T. Capitalized terms not defined in this Addendum are defined in the Agreement;the Attachment,or the Service Description or Service Guide referenced in the Attachment. I. Definitions- "Local Access Loop" refers to the local loop supplied from the near &T:,MIS POP to Your location,where the distance between the nearest AT&T MIS POP and Your location is not greater than 30 miles, and where such Local Access Loop is located within the 48 Continental United States;, "T-1 Local Access Promotional Sales Order' refers to a Sales Order for an' MIS Service Component which satisfies the following criteria: (a) the Sales Order is placed within the promotional period Octo6er�31,2002 to October31, 2003; and (b) the Sales Order includes a Local Access Loop ordered in conjunction with a T-1 MIS Port; and (c) the Sales Order is for an Initial Service Period of not less t6an'twelve,(.12) months. 'I T:-'' MIS Port" refers to the fixed MIS bandwidth portion provided b :AT&T'facilities within:the continental United ,;Les for a full tiered T-1 (1.54 Mbps) MIS Internet Access Connection,or a-128 Kbps, 256 Kbps of 384 Kbps, 5`2 Kbps, or 768 Kbps fractional T-1 MIS Internet Access Connection:` . H. Promotion. With respect to T-1 Local Access Promotional Sales Orders placed`by:You under this Addendum,,You are entitled to the following: a) You are entitled to ordertocal Access Loops at a charge of$265 per T-1.MIS Port (which price shall include charges for installation,AC,ACF, and M24/M28, if applicable),when each such Local Access Loop is ordered within the 48 Continental United State's and only for such Local Access Loops whose local channel length of.-haul to the nearest A.T&T T 71 MIS Port does not exceed 30 miles. III. Promotional Restrictions Your initial bill for MIS may include other non-recurring charges and or charges for optional features. None of these charges are subject to the T-1 Local Access Promotion. This T-1 Local Access Promotion may not be combined with any`other"AT&T promotions. The T-1 Local Access Promotion may be used to order multiple T-1 MIS Ports used in an`NxT1 configuration, or primary and/or redundant T-1 MIS Ports used in a MARO configuration,`as such configurations are more fully detailed in the Service Guide. prumomis_t1 la.doc CSfVI030214090650 V,`1.4.02 2 AT&T PROPRIETARY""- Page 1 of 2 AT&T SA Reference No. AT&T MA Reference i4Ao��1�„" AT&T Managed Internet Service T-1 Local Access Promotional Addendum The T-1 Local Access Promotion,may NOT be used to order T-1 MIS`Ports used in a,SINA'configuration, as such configuration is more fully detail.ed in the Service Guide. This Promotional Addendum supplements Your Service Attachment. Except as this Promotional Addendum expressly provides,the Service Attachment continues in effect according to its terms, including,without limitation, the applicability of the other fees and charges specified in the ServiceAttachment. This promotional offer expires October 31,2003.Any Addendums received by AT&T after tfis date shall not be executed and may be returned to You or discarded, at AT&T's option. THE SERVICE WILL NOT BE ACTIVATED, AND BILLING WILL NOT BEGIN,UNTIL AT&T COMPLETES A CURRENT CHECK OF YOUR CREDIT. YOUR SIGNATURE BELOW ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND-EACH 4 OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE'BOUND BY THEM 4;USTOMER° it of Fort Worth AT&T CORP By: BY'__ Authorized Si ture) (Authorized Signatu ) Terrance McDonald . (Typed or Printed Name) (Typed P inte Name) n alres enter Vice President (Title) (Title) (Date) (Date) AP ROVED �OAN�DLEIG%M n 03 aty Att Va e promo mis tila.doe CSM030214090650 v.11.13.02 AT&T PROPRIETARY ' Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/25/03 **P-9761 0003-0046 1 of 2 SUBJECT PURCHASE AGREEMENT TO UPGRADE INTERNET SERVICES FROM AT&T FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize a purchase agreement for an Internet services upgrade from AT&T for the Information Technology Solutions Department (IT Solutions) using the State of Texas catalogue purchasing procedures; and 2. Authorize this two-year agreement to begin February 25, 2003, and expire February 24, 2005, with options to renew for two additional one-year periods. DISCUSSION: IT Solutions provides Internet services to the City's network users. These services currently include Internet browsing, E-mail, file transfer and the presence of the City's web site on the Internet. The connection is like a pipeline and, if narrow, it restricts the information flow through the connection. This adversely impacts the customer's ability to access Internet-based applications. The existing pipeline is currently averaging over 80% of capacity, and the growth in the number of file transfers by the Geographic Information System, and a proposed Electronic Commerce (E-Billing) billing program by the Water Department means that the current Internet connection. is not adequate. Previously, on January 29, 2002 (M&C P-9541), the City Council authorized the City's* Internet connection to have additional bandwidth and redundancy. The agreement was for the use of connection lines designated as T1 lines. With the proposed additional usage, it is necessary that the City move to a larger "pipeline" and use a service with connection lines called a Tiered T3 Internet Access Carrier Bank. The IT Solutions, Communications Division, received three quotes.from Qualified Information Systems Vendors. (QISV) for a Tiered T3 Internet Access Carrier Bank. Staff evaluated the three quotes and believes that AT&T can provide service that will be flexible and redundant and at lowest cost to the City. The quotes provided by the vendors are at three levels of capacity. Initially, the.lowest capacity will.be purchased. IT Solutions staff will monitor usage regularly. If capacity utilization increases beyond the initial level, the next highest capacity level will be acquired. Upgrading the Internet connection will also require several hardware upgrades that will be purchased through the normal cooperative purchasing process as authorized by the City Council on October 9, 2001 (M&C P-9471, and amendments). AT&T will provide both the monthly service and installation of the hardware upgrades. The quotes for estimated monthly service costs based on usage and the installation of the hardware are as follows: City of Fort Worth, Texas. Mayor and Council Communication JATE REFERENCE NUMBER LOG NAME PAGE 2/25/03 **P-9761 0003-0046 2 of 2 SUBJECT PURCHASE AGREEMENT TO UPGRADE INTERNET SERVICES FROM AT&T FOR THE INFORMATION TECHNOLOGY SOLUTIONS DEPARTMENT Estimated Monthly Cost Based on Usage Vendor T3 6MEG T3(10-12MEG) T3(45MEG) Install Hardware AT&T $5,697 $ 6,837 $14,314 $3,250 Verizon $6,224 $ 8,534 $20,811 $5,000 WorldCom $6,550 $11,350 $31,000 $7,028 AT&T is designated as a QISV vendor by the State of Texas. Under Section 271.083 of the Texas Local Government Code, a local government satisfies otherwise applicable bidding requirements when it makes a purchase through the State of Texas General Service Commission catalogue purchasing procedure as established by Section 2157.061 of the Texas Local Government Code. The City will comply with that procedure for the purchase agreement under this Mayor and Council Communication. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms.at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. CB:k BQN/03-0046/MLL Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 Originating Department Bead: Jim Keyes 8517 (from) APPROVED 2/25/03 Dave Miller 8450 \dditional Information Contact: .obert Combs 8357 Dave Miller 8450