HomeMy Public PortalAbout15-8999 Enter into a Three Year Contract w/At & T for Metro Ethernet Service Sponsored by: City Manager
RESOLUTION NO. 15-8999
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZNG THE CITY
MANAGER TO ENTER INTO A THREE (3) YEAR CONTRACT
WITH AT&T FOR METRO ETHERNET SERVICE IN THE
AMOUNT OF EIGHT HUNDRED SEVENTEEN DOLLARS
AND SIXTY CENTS PER MONTH FOR CITYWIDE INTERNET
SERVICE; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of Opa-locka has been procuring metro Ethernet service
with the State of Florida DMS, which has been reselling AT&T service, which the City
currently uses; and
WHEREAS, The City will receive a cost savings by purchasing this service
directly from ATT&T and also an increase in speed; and
WHEREAS, the City will receive a monthly cost savings of $559.55 by
terminating the agreement with the State and entering into a contract directly with
AT&T in the amount of$817.60 per month.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission hereby authorizes the Manager to terminate the
Agreement for Ethernet service with the State of Florida and enter into a three (3)
year contract with AT&T as referenced herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27th day of May, 2015.
Resolution No. 15-8999
I
J[vI
ra L Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
tO -
Joa f a Flores Vincent T. Brown, Esq.
City Clerk The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER KELLEY
Commissioner Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
O
IV IDi
Voq��wntE��
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 5/27/2015 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(EnterX in box) g
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) General Fund- (Enter X in box) X
Telecomunications
Acct# 19-519413
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational El
Bus.&Economic Dev El
X Public Safety El
Quality of Education El
Qual.of Life&City Image 0
Communcation 0
Sponsor Name Department:
Short Title:
APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANANGER TO ENTER INTO A THREE YEAR
AGREEMENT WITH AT&T FOR METRO ETHERNET SERVICE FOR CITYWIDE INTERNET IN THE AMOUNT
OF EIGHT HUNDRED SEVENTEEN DOLLARS AND SIXTY CENTS($817.60) PER MONTH. (A BUDGETED
ITEM) PAYABLE FROM ACCOUNT#19-519413
Staff Summary:
The City of Opa-locka currently procures metro ethernet service through the State of Florida
Department of Management Services (DMS) at a monthly rate of$1,377.15. DMS is a reseller of AT&T
service which is what the City currently uses. Switching our provivder from DMS to AT&T will yield both
an increase in speed from 10 megabits to 20 megabits as well as a monthly savings of$559.55
($6,714.60/yearly).
Proposed Action:
Staff recommends approving the agreement with AT&T and terminating service with the State of Florida
DMS.The elimination of the reseller(DMS) and purchasding directly through AT&T allows the City to
obtain higher speeds and reduce the cost of the service.
Attachment:
AT&T Quote
AT&T Contract
OQp-LOCK4
is i 9
o �o
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Timothy Imes
Commissioner Jseph L elley
Commissioner Terence K. Pinder
Commissioner Luis B. tiago
FROM: Kelvin L. Baker Sr, City Mana
DATE: May 12,2015
RE: Authorization for AT&T metro Ethernet services
Request: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY
MANANGER TO ENTER INTO A THREE YEAR AGREEMENT WITH
AT&T FOR METRO ETHERNET SERVICE FOR CITYWIDE INTERNET
IN THE AMOUNT OF EIGHT HUNDRED SEVENTEEN DOLLARS AND
SIXTY CENTS ($817.60) PER MONTH. (A BUDGETED ITEM) PAYABLE
FROM ACCOUNT#19-519413
Description: The Information Technology (IT) Department is currently evaluating all
communication providers to ensure that the City is obtaining the highest quality
product at a competitive market price. Our current fiber optic metro Ethernet
provider (DMS) is no longer providing a competitive monthly cost for the service.
The IT Department recommending to switch providers from DMS to AT&T.
Financial Impact: $9,811.60 budgeted. Payable from account 19-519413
Implementation Time Line: Installation to be completed within 90 days
Legislative History: N/A
Recommendation(s): Staff recommends approving the agreement with AT&T and terminating
service with the State of Florida DMS. The elimination of the reseller
(DMS) and purchasing directly through AT&T allows the City to obtain
higher speeds and reduce the cost of the service.
Analysis: The City of Opa-locka currently procures metro Ethernet service through
the State of Florida Department of Management Services (DMS) at a
monthly rate of $1,377.15. DMS is a reseller of AT&T service which is
what the City currently uses. Switching our provider from DMS to AT&T
will yield both an increase in speed from 10 megabits to 20 megabits as
well as a monthly savings of$559.55 ($6,714.60/yearly).
ATTACHMENT(S): AT&T Agreement
PREPARED BY: Nelson Rodriguez, Information Technology Director
END OF MEMORANDUM
Contract Id: 4528223
AT&T MA Reference No. MA1219048UA
at&t
MULTI-SERVICE AGREEMENT
Customer AT&T
City of Opa Locka AT&T Corp.
Street Address: 780 Fisherman St.,Floor 4
City: OPA LOCKA State/Province: FL
Zip Code: 33054 Country: United States
Customer Contact(for notices) AT&T Contact(for notices)
Name: Nelson Rodriguez Street Address: 6021 S RIO GRANDE AVE
Title: Manager City: ORLANDO State/Province: FL
Street Address: 780 Fisherman St Zip Code: 32809 Country: United States
City: Opa Locka State/Province: FL
Zip Code: 33054 Country: United States With a copy to:
Telephone: 3059532875 AT&T Corp.
Fax: One AT&T Way
Email: nrodriguez @opalockafl.gov Bedminster,NJ 07921-0752
ATTN: Master Agreement Support Team
Email:mast @att.com
This Multi-Service Agreement between the customer named above("Customer")and AT&T Corp.("AT&T")is effective when signed by both parties.
Customer(by its authorized representative) AT&T(by its authorized representative)
By: By:
Name: Name:
Title: Title:
Date: Date:
Agreement: The terms and conditions for the products and services that Affiliate Signature: An AT&T or Customer Affiliate may sign a Pricing
AT&T provides to Customer under this Agreement("Services")are found in Schedule in its own name,and such Affiliate contract will be a separate but
this document and the following additional documents (collectively, the associated contract incorporating the terms of this Agreement. Customer
"Agreement"): (i) Tariffs, Guidebooks and Service Guides found at and AT&T will cause respective Affiliates to comply with any such separate
att.com/service publications; (ii) pricing schedules or other documents and associated contract.
attached to or later executed by the parties and referencing this document Services: AT&T will either provide or arrange to have its Affiliate provide
("Pricing Schedule"); and (iii) the Acceptable Use Policy ("AUP") found at Services to Customer and its Users (anyone who uses or accesses any
att.com/aup.AT&T may revise Tariffs, Guidebooks, Service Guides or the Service provided to Customer), subject to the availability and operational
AUP (collectively "Service Publications") at any time and may direct limitations of systems, facilities and equipment. Where required, an AT&T
Customer to websites other than listed above. The order of priority of the Affiliate authorized by the appropriate regulatory authority will be the
documents that form this Agreement is: the applicable Pricing Schedule or service provider. Customer may not resell the Services or rebrand the
Order, this Multi-Service Agreement, and the applicable Service Services for resale to third parties without AT&T's prior written consent.
Publications; provided that, Tariffs will be first in priority in any jurisdiction Customer will cause Users to comply with this Agreement and is
where applicable law or regulation does not permit contract terms to take responsible for their use of any Service unless expressly provided to the
precedence over inconsistent Tariff terms. This Agreement continues so contrary in a Service Publication. If a Service is provided over or accesses
long as Services are provided under this Agreement.
AT&T and Customer Confidential Information MSA UA VER III 11/16/2012
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MULTI-SERVICE AGREEMENT
the Internet or is a wireless (i.e., cellular) data or messaging Service, Prices, Pricing Schedule Term and Taxes: The prices listed in a Pricing
Customer,its Affiliates and Users will comply with the AUP. Schedule are stabilized until the end of the Pricing Schedule Term and will
Ordering: If an applicable Service Publication expressly permits placement apply in lieu of the corresponding prices set forth in the applicable Service
of an order for a Service under this Multi-Service Agreement without the Publication. No promotion, credit, discount or waiver set forth in a Service
execution of a Pricing Schedule, Customer may place such an order using Publication will apply. Unless the Pricing Schedule states otherwise, at the
AT&T's standard ordering processes(an"Order"),and upon acceptance by end of the Pricing Schedule Term,Customer may continue Service(subject
AT&T,the Order shall otherwise be deemed a Pricing Schedule under this to any applicable notice or other requirements in a Service Publication for
Multi-Service Agreement for the Service Ordered. Customer to discontinue a Service Component) under a month-to-month
Access to Premises: Customer will in a timely manner allow AT&T to service arrangement at the prices,terms and conditions in effect on the last
access or at Customer's expense obtain timely access to property (other day of the Pricing Schedule Term.AT&T may change such prices,terms or
than public property) and to equipment as AT&T reasonably requires for conditions on 30 days'prior notice to Customer.
the Services. Access includes information, the right to construct, install, Prices in the Pricing Schedules are exclusive of and Customer will pay all
repair, maintain, replace and remove access lines and network facilities taxes, regulatory surcharges, recovery fees, customs clearances, duties,
and the right to use ancillary equipment space within the building for levies, shipping charges and other similar charges relating to the sale,
Customer's connection to AT&T's network. Customer will furnish any transfer of ownership,installation,license,use or provision of the Services.
conduit, holes, wireways, wiring, plans, equipment, space, power/utilities If required by law to withhold or deduct applicable taxes from payments
and other items AT&T reasonably requires for the Services and will obtain due to AT&T, Customer must use reasonable commercial efforts to
any necessary licenses, permits and consents (including easements and minimize any such taxes and must furnish to AT&T such evidence as may
rights-of-way). be required by relevant taxing authorities to establish that such tax has
Hazardous Materials: Customer will ensure that the location where AT&T been paid so that AT&T may claim any applicable credit.
installs, maintains or provides Services is a suitable and safe working Billing, Payments, Deposits and MARC: Unless a Service Publication
environment,free of any substance or material that poses an unreasonable specifies otherwise, Customer's obligation to pay for a Service Component
risk to health,safety or property or whose use,transport,storage, handling, begins upon availability of the Service Component to Customer("Cutover").
disposal or release is regulated by any law related to pollution,to protection Payment is due 30 days after the invoice date (unless another date is
of air, water or soil or to health and safety. If AT&T encounters any such specified in an applicable Tariff or Guidebook)and must refer to the invoice
hazardous materials at a Customer location, AT&T may terminate any number.
affected Service or any affected component of a Service ("Service At Customer's request, but subject to AT&T's consent (which may not be
Component") or suspend performance until Customer removes the unreasonably withheld or withdrawn), Customer's Affiliates may be
hazardous materials. invoiced separately, and AT&T will accept payment from such Affiliates.
Independent Contractor Relationship: Each party is an independent Customer will be responsible for payment if Customer's Affiliates do not
contractor. Neither party controls the other, and neither party nor its pay charges in accordance with this Agreement.
Affiliates, employees, agents or contractors are Affiliates, employees, Restrictive endorsements or other statements on checks are void. If
agents or contractors of the other party. Customer does not dispute a charge in writing within 6 months after the
License and Other Terms: Software, Purchased Equipment and Third- date of the invoice in which the disputed charge initially appears,Customer
Party Services may be provided subject to the terms of a separate license waives the right to dispute the charge. AT&T may recover all costs
or other agreement between Customer and either the licensor, the third- (including attorney fees) of collecting delinquent or dishonored payments
party service provider or the manufacturer. Customer's execution of the and may charge late payment fees (i)for Tariff or Guidebook Services, at
Pricing Schedule for or placement of an Order for Software, Purchased the rate specified therein; or(ii)for all other Services at the lower of 1.5%
Equipment or Third-Party Services is Customer's agreement to comply with per month (18% per annum) or the maximum rate allowed by law. AT&T
such separate agreement. may require a deposit as a condition of providing Services, and AT&T may
Unless a Service Publication specifies otherwise, AT&T's sole apply such deposit to any charges owed.
responsibility with respect to Third-Party Services is to place Customer's If a Pricing Schedule includes a MARC and Customer's MARC-Eligible
orders for Third-Party Services, except that AT&T may invoice and collect recurring and usage charges after deducting discounts and credits and
payment from Customer for the Third-Party Services. excluding taxes, regulatory charges and charges for Purchased Equipment
Equipment: Services may be provided using certain equipment owned by in any applicable 12-month period are less than the MARC, Customer will
AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T pay the shortfall,and AT&T may withhold contractual credits until Customer
Equipment will remain with AT&T. Customer must provide electric power pays the shortfall charge.
for the AT&T Equipment and keep the AT&T Equipment physically secure Termination and Suspension: Either party may terminate this Agreement
and free from liens and encumbrances. Customer will bear the risk of loss immediately upon notice if the other party becomes insolvent, ceases
or damage (other than ordinary wear and tear) to the AT&T Equipment. operations, is the subject of a bankruptcy petition or makes an assignment
The Site is the physical location where AT&T installs or provides a Service. for the benefit of its creditors.
Except as specified in a Service Publication, title to and risk of loss of AT&T may terminate or suspend an affected Service or Service
Purchased Equipment shall pass to Customer on delivery to the transport Component and, if the activity materially and adversely affects the entire
carrier for shipment to Customer's designated location. Agreement, terminate or suspend the entire Agreement, immediately upon
AT&T retains a lien and purchase money security interest in each item of notice if Customer: (i)commits a fraud upon AT&T; (ii)uses the Service to
Purchased Equipment and Vendor Software until Customer pays all sums commit a fraud upon another party; (iii) unlawfully uses the Service; (iv)
due. AT&T is authorized to sign and file a financing statement to perfect abuses or misuses AT&T's network or Service; or (v) interferes with
such security interest. another customer's use of AT&T's network or services.
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Contract Id: 4528223
MULTI-SERVICE AGREEMENT
Customer may terminate an affected Service Component for material MAKES NO WARRANTY REGARDING NETWORK SECURITY, THE
breach by AT&T if such breach is not cured within 30 days of notice. ENCRYPTION EMPLOYED BY ANY SERVICE,THE INTEGRITY OF ANY
AT&T may terminate or suspend (and later terminate) an affected Service DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED,
Component for material breach by Customer if such breach is not cured THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS
within 30 days of notice. OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA
If Customer fails to rectify a violation of the AUP within 5 days after notice AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED
from AT&T, AT&T may suspend or terminate the affected Service OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES
Component. AT&T may suspend or terminate immediately if: (i) the RELATING TO: INTEROPERABILITY,ACCESS OR INTERCONNECTION
suspension or termination is a response to multiple or repeated AUP OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT,
violations or complaints; (ii)AT&T is acting in response to a court order or SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR
governmental notice that certain conduct must be stopped; or (iii) AT&T OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE
reasonably determines that: (a)AT&T may be exposed to sanctions, ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR
liability,prosecution or other adverse consequences under applicable law if ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY
AT&T allows the violation to continue; (b) the violation may harm or OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY
interfere with the integrity,normal operations or security of AT&T's network EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED
or of networks with which AT&T interconnects or may interfere with another TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT,
customer's use of AT&T services or the Internet; or (c) the violation ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S OR
presents imminent risk of harm to AT&T, AT&T's customers or its or their OTHERS' APPLICATIONS, CONTENT, DATA, PROGRAMS,
respective employees. INFORMATION,NETWORKS OR SYSTEMS.
Termination Charges: If prior to Cutover, Customer terminates a Service Limitation of Liability: AT&T'S ENTIRE LIABILITY AND CUSTOMER'S
Component other than for cause or AT&T terminates a Service Component EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T's
for cause, Customer(i)will pay any pre-Cutover termination or cancellation BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS
charges set out in a Pricing Schedule or Service Publication, or (ii) in the AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS
absence of such specified charges, will reimburse AT&T for time and SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE
materials, including any third-party charges, incurred prior to the effective SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO
date of termination. CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES
Thereafter, if Customer terminates a Service or Service Component for DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND
Customer's convenience or AT&T terminates a Service or Service CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO
Component for cause, Customer must pay: (i) 50% (unless a different AT&T.THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH
amount is specified in the Pricing Schedule) of any unpaid recurring OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED
charges for the terminated Service Component attributable to the BY AT&T'S NEGLIGENCE OR INTENTIONAL MISCONDUCT.
unexpired portion of an applicable Minimum Payment Period specified in ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO
the Pricing Schedule or Service Publication,(ii)if termination occurs before CUSTOMER ON AN"AS IS"BASIS.
the end of an applicable Minimum Retention Period, any associated credits NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY
or waived or unpaid non-recurring charges, and (iii) any access facilities CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,
cancellation charges and other third-party charges incurred by AT&T due to CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
the termination. These disclaimers and limitations of liability will apply regardless of the
If Customer terminates a Pricing Schedule that has a MARC, Customer form of action, whether in contract, tort, strict liability or otherwise, of
must pay an amount equal to 50%of the unsatisfied MARC for the balance whether damages were foreseeable and of whether a party was advised of
of the Pricing Schedule Term. the possibility of such damages. These disclaimers and limitations of
In addition, Customer may terminate an affected Service Component liability will survive failure of any exclusive remedies provided in this
without incurring termination charges if (a) AT&T revises a Service Agreement.
Publication and the revision has a materially adverse impact upon Indemnity: Customer agrees at its expense to defend, indemnify and hold
Customer; (b) Customer gives 30 days' notice of termination to AT&T harmless AT&T, its Affiliates and its and their employees, directors,
within 90 days of the date of the revision; and (c)AT&T does not remedy subcontractors and suppliers or to pay all damages finally awarded against
the materially adverse impact prior to the effective date of termination. such parties on account of a third-party claim where: (i) the claim arises
"Materially adverse impacts" do not include changes to non-stabilized from Customer's or a User's use of a Service; or (ii) the claim alleges a
pricing, changes required by govemmental authority or assessment of, or breach by Customer, its Affiliates or Users of a Software license
assessment of or changes to additional charges such as surcharges or agreement.
taxes. Import/Export Control: Customer and not AT&T is responsible for
Disclaimer of Warranties and Liability:AT&T MAKES NO EXPRESS OR complying with import and export control laws,conventions and regulations
IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF applicable to any equipment, software or technical information that
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE Customer moves or transmits between countries.
OR NON-INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS
ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION
FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION
OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE
WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS) AND REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY
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Contract Id: 4528223
MULTI-SERVICE AGREEMENT
JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND Except for payment of amounts due, neither party will be liable for any
ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR delay, failure in performance, loss or damage due to causes beyond such
SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES party's reasonable control,including strikes and labor disputes.
DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY Customer must send any notice required or permitted under this
LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE Agreement in writing to the AT&T address set forth above.
AUTHORITY TO ORDER PRE-HEARING DEPOSITIONS OR This Agreement constitutes the entire agreement between the parties
DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF concerning its subject matter. Except as provided in License and Other
WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. Terms, above, this Agreement supersedes all previous agreements,
THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY whether written or oral.
RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE This Agreement may not be modified or supplemented without a writing
PARTIES CANNOT WAIVE THESE RIGHTS,THIS ENTIRE PARAGRAPH signed by authorized representatives of both parties.
IS VOID.
Definitions:
General Provisions:This Agreement and any pricing or other proposals are "Affiliate" of a party means any entity that controls, is controlled by or is
confidential to Customer and AT&T.Neither party may publicly disclose any under common control with such party.
confidential information of the other party without the prior written consent
of the other, unless authorized by applicable law, regulation or court order. "API" means an application program interface used to make a resources
Until directed otherwise by Customer in writing, if AT&T designates a request from a remote implementer program. An API may include coding,
dedicated account representative as Customer's primary contact with specifications for routines, data structures, object classes, and protocols
AT&T, Customer authorizes that representative to discuss and disclose used to communicate between programs.
Customer's customer proprietary network information to any employee or "AT&T Software" means software, including APIs, and all associated
agent of Customer without a need for further authentication or written and electronic documentation and data owned by AT&T and
authorization. Each party will comply with all applicable laws and licensed by AT&T to Customer. AT&T Software does not include software
regulations and with all applicable orders issued by courts or other that is not furnished to Customer.
governmental bodies of competent jurisdiction. "Customer Personal Data" means information that identifies an individual,
Each party is responsible for complying with the privacy laws applicable to that Customer directly or indirectly makes accessible to AT&T and that
its business. AT&T shall require its personnel, agents and contractors AT&T collects,holds or uses in the course of providing the Services.
around the world who process Customer Personal Data to protect "Purchased Equipment" means equipment or other tangible products
Customer Personal Data in accordance with the data protection laws and Customer purchases under this Agreement, including any replacements of
regulations applicable to AT&T's business. If Customer does not want Purchased Equipment provided to Customer. Purchased Equipment also
AT&T to comprehend Customer data to which it may have access in includes any internal code required to operate such Equipment. Purchased
performing Services, Customer must encrypt such data so that it will be Equipment does not include Software but does include any physical media
unintelligible. Customer is responsible for obtaining consent from and provided to Customer on which Software is stored.
giving notice to its Users,employees and agents regarding Customer's and "Software"means AT&T Software and Vendor Software.
AT&T's collection and use of the User, employee or agent information in "Third-Party Service" means a service provided directly to Customer by a
connection with a Service. Customer will only make accessible or provide third party under a separate agreement between Customer and the third
Customer Personal Data to AT&T when it has the legal authority to do so. party.
AT&T may monitor electronic transmissions across its network to maintain "Vendor Software" means software, including APIs, and all associated
compliance with its legal and regulatory obligations and to operate, written and electronic documentation and data AT&T furnishes to
maintain and enhance the network and Services. Where required by law, Customer,other than AT&T Software.
AT&T may provide Customer Personal Data to third parties such as courts,
law enforcement or regulatory authorities.
This Agreement may not be assigned by either party without the prior
written consent of the other party, which consent will not be unreasonably
withheld or delayed, except that AT&T may: (i)assign in whole or relevant
part its rights and obligations under this Agreement to an AT&T Affiliate,or
(ii)subcontract work to be performed under this Agreement, but AT&T will
in each such case remain financially responsible for the performance of
such obligations.
Any claim or dispute arising out of this Agreement must be filed within two
(2)years after the cause of action arises.
This Agreement does not provide any third party(including Users)the right
to enforce it or to any remedy,claim, liability, cause of action or other right
or privilege.
Unless a regulatory agency with jurisdiction over the applicable Service
applies a different law, this Agreement will be governed by the law of the
State of New York, without regard to its conflict of law principles. The
United Nations Convention on Contracts for International Sale of Goods will
not apply.
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Contract Id: 4528222
AT&T MA Reference No.MA1219048UA
AT&T Contract ID MIS1219049
at&t
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Customer AT&T
City of Opa Locka AT&T Corp.
Street Address: 780 Fisherman St.,Floor 4
City: OPA LOCKA State/Province: FL
Zip Code: 33054 Country: United States
Customer Contact(for notices) AT&T Sales Contact Information and for Contract Notices
❑Primary AT&T Contact
Name: Nelson Rodriguez Name: SIMONA STOPPA
Title:Manager Street Address: 6021 S RIO GRANDE AVE
Street Address: 780 Fisherman St City: ORLANDO State/Province: FL
City: Opa Locka Zip Code: 32809 Country: United States
State/Province: FL Telephone: 4077361043 Fax: 1231231234
Zip Code: 33054 Email: ss4257 @us.att.com
Country: United States Sales/Branch Manager:
Telephone: 3059532875 SCVP Name:
Fax: Sales Strata: Retail Sales Region:
Email: nrodriguez @opalockafl.gov With a copy to:
Customer Account Number or Master Account Number: 1-59WZT5 AT&T Corp.
One AT&T Way
Bedminster, NJ 07921-0752
ATTN: Master Agreement Support Team
Email: mastatt.com
AT&T Solution Provider or Representative Information (if applicable)❑
Name1: Brian Poole Company Name: Save and Earn Marketing
Agent Street Address: 23 Gatehouse Rd City: Sea Ranch Lakes State: FL Zip Code: 33308 Country: United States
Telephone: 9544497683 Fax: 9546029177 Email: brian @tcg-partners.com Agent Code 41764
This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above.
The Rates in this Pricing Schedule apply only to the MIS Service ordered at the Site(s)identified in the Local Access Table and shall not apply to
orders for MIS Service at any other Customer locations.
Customer AT&T
(by its authorized representative) (by its authorized representative)
By: By:
Name: Name:
Title: Title:
Date: Date:
AT&T and Customer Confidential Information
Page 1
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eCRM ID 1-35RA8OA PS MIS EXPRESS 6/26/14
Contract Id: 4528222
AT&T MA Reference No. MA1219048UA
AT&T Contract ID MIS1219049
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
1. SERVICES
Service Service Publication Location
AT&T Managed Internet Service(MIS) http://serviceguidenew.att.com/sg flashPlaverPage/MIS
AT&T Bandwidth Services http://serviceguidenew.att.com/sg flashPlayerPage/BWS
2. PRICING SCHEDULE TERM AND EFFECTIVE DATES
Pricing Schedule Term 36
Pricing Schedule Term Start Date Effective Date of this Pricing Schedule
Effective Date of Rates and Discounts Effective Date of this Pricing Schedule
3. MINIMUM PAYMENT PERIOD
Service Components Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period
Prior to Completion of Minimum Payment Period per Service Component
All Service Components 50% Longer of 12 months or until the end
of the Pricing Schedule Term
4. GRANDFATHERING AND WITHDRAWAL
Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide.
5. RATES
Section I: AT&T Managed Internet Service Access Bandwidth
Table 1:MIS Tele—Installation
Discount: 100.0%
MIS Speed Undiscounted MIS Undiscounted MIS wl Managed Router
Ethernet $1,500 $1,500**
**Pricing available for MIS speeds of 100 Mbps and below and with electrical interfaces only.
Table 2:On-Site Installation
Discount: 50.0%
MIS Speed Undiscounted MIS w/Managed Router Only
Ethernet $1,500
AT&T and Customer Confidential Information
Page 2
ASAP!
eCRM ID 1-35RA8OA PS MIS EXPRESS 6/26/14
Contract Id: 4528222
AT&T MA Reference No. MA1219048UA
AT&T Contract ID MIS1219049
AT&T MANAGED INTERNET SERVICE
PRICING SCHEDULE
Table 3:Flexible Bandwidth Billing Option—Ethernet
Discount applied to MIS&MIS wlManaged Router:92.0% Incremental Usage Fee Discount:
100.0%
Tiered Bandwidth MIS Undiscounted MIS with Managed Router Undiscounted Incremental Usage Fee
Minimum Commitment Monthly Fee Undiscounted Monthly Fee Per Mbps
10 Mbps $1,840 $2,720 $225
20 Mbps $3,090 $3,970 $190
50 Mbps $6,770 $7,815 $165
100 Mbps $12,025 $13,205 $145
150 Mbps $17,065 $18,250 $140
250 Mbps $24,515 $26,320 $120
Table 4: Local Access
The local access prices listed below are only for orders placed within 12 months of the AT&T countersignature date on this Pricing Schedule("Local
Access Pricing Term"). All local access orders placed after the expiration of the Local Access Pricing Term will be treated on an individual case
basis,and set out in an Addendum to this Pricing Schedule or an AT&T order form, and will become part of this Pricing Schedule when the Pricing
Addendum is signed by both parties,or the AT&T order form is signed by Customer and accepted by AT&T,as applicable.
Access Local Access Local Access
NPAINXX Location Bandwidth Non-Recurring Net Monthly
Charge Recurring Charge
MIS Ethernet
305953 780 FISHERMAN ST OP-LKA FL 33054 United States Access 20 $0.00 $500.00
Mbps
Section II:Additional Service Fees
Moving Fee(during hours) $1,000 per location
Additional Moving Fee(outside standard operating hours—8:00 a.m.to 5:00 p.m.Monday through Friday) Additional$500 per location
Section III:AT&T Business in a Box®
Discount: 100.0
Option Undiscounted Monthly Service Charge*
Base Unit 12 Port $75.00
8 Port Analog Module Add-On $40.00
Pricing also applies to Service locations in Alaska
Class Of Service Option-when ordered with AT&T BVoIP Services only
Discount: 100%
Class of Service Monthly Service Fee $225'
#Pricing also applies to Service locations in Alaska
This is the last page of the Pricing Document
AT&T and Customer Confidential Information
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eCRM ID 1-35RA8OA PS MIS EXPRESS 6/26/14
CUSTOMER LETTER OF AGENCY
Please be advised that we, City of Opa Locka ("Customer"), are interested in learning about and
potentially purchasing certain products and services from AT&T Corp. and its affiliates ("AT&T")1, and
hereby allow TCG ("SP")to act on our behalf with respect to the matters described herein.
By this Customer Letter of Agency ("Letter"), SP is authorized to operate as our representative in dealings
between us and AT&T in connection with the marketing, sale and purchase of telecommunications, data,
information, wireless, and other services. This authorization includes, but is not limited to, the ability to
present pricing and contracts, negotiate and order services on our behalf, as well as the ability to obtain
our customer proprietary network information ("CPNI"). Notwithstanding the foregoing authorization, SP
is not authorized to execute any contracts on our behalf.
We understand that it is AT&T's legal duty to protect the confidentiality of our CPNI. CPNI is defined
under federal law and includes information that relates to the quantity, technical configuration, type,
destination, location, and amount of use of a telecommunications service subscribed to by a customer of
a telecommunications carrier, and that it is made available to the carrier by the customer solely by virtue
of the carrier-customer relationship. In order to explore the purchase of telecommunications products and
services from AT&T, we hereby authorize AT&T to use our CPNI, share our CPNI with SP, and/or provide
SP with access to our CPNI on file with AT&T. We further grant AT&T permission to provide SP access
to all information relating to our accounts and to make changes to our accounts via orders for all services
provided by AT&T. We acknowledge and agree that any unauthorized disclosure of CPNI by SP will not
result in us having any right or remedy against AT&T. We also understand and agree that, in order to
determine service eligibility and communicate eligibility to SP, AT&T may initiate a credit check and/or
access our existing credit information on file with AT&T.
I understand and agree that the signature, or electronic signature, set forth below constitutes Customer's
agreement under this Letter and all applicable tariffs. By signing below, I represent that I have the
authority to bind the Customer hereunder. For all legal purposes, an electronic Letter will be deemed an
original "writing" in accordance with any applicable state law governing electronic signatures, writings
and/or records, and the admissibility thereof will not be contested under any applicable best evidence rule
or otherwise. This Letter will become effective on 5/13/2015 and will remain valid for a period of three (3)
years unless revoked in writing by Customer, SP, or AT&T.2
SIGNATURE
Nelson Rodriguez
Manager
215 Perviz Ave. Opa Locka, Fl. 33054
nrodriguez @opalockafl.gov/ 305.953.2875
TCG
Brian Poole
Brian @tcg-partners.com/954-938-8820
SOLUTION PROVIDER ID (SPID) 41764
AT&T means AT&T Telco,AT&T LD,and/or AT&T Corp. "AT&T Telco"means the applicable local telephone company subsidiary of AT&T Inc.:Southwestern
Bell Telephone Company d/b/a AT&T Arkansas,AT&T Kansas,AT&T Missouri,AT&T Oklahoma,or AT&T Texas;Pacific Bell Telephone Company d/bla AT&T
California; Nevada Bell Telephone Company d/bla AT&T Nevada; Illinois Bell Telephone Company d/b/a AT&T Illinois; Indiana Bell Telephone Company,
Incorporated d/b/a AT&T Indiana;Michigan Bell Telephone Company dlbla AT&T Michigan;The Ohio Bell Telephone Company d/b/a AT&T Ohio;Wisconsin
Bell, Inc.d/b/a AT&T Wisconsin;The Southern New England Telephone Company d/b/a AT&T Connecticut; BellSouth Telecommunications, Inc.dlb/a AT&T
Alabama,AT&T Florida,AT&T Georgia,AT&T Kentucky,AT&T Louisiana,AT&T Mississippi,AT&T North Carolina,AT&T South Carolina,and AT&T Tennessee;
AT&T Communications of the Southem States, LLC;TC Systems, Inc.; SBC Long Distance, LLC; or BellSouth Long Distance, Inc. "AT&T LD" means the
applicable long distance company subsidiary of AT&T Inc.:TC Systems,Inc;SNET America,Inc.d/b/a AT&T Long Distance East;SBC Long Distance,LLC d/b/a
AT&T Long Distance;or BellSouth Long Distance,Inc.d/b/a AT&T Long Distance Service or BellSouth Long Distance Service,Inc.
2 Written revocation notices must specify the SP's name and be received by AT&T at:AT&T Alliance Channel,Attn:LOA Revocation,2000 W AT&T Center Dr.,
Room 4B15B,Hoffman Estates,IL 60192.
Customer LOA 9-24-13