HomeMy WebLinkAboutAgenda Report - September 5, 2007 E-12AGENDAITEm Eo 11
A� CITY OF LODI
W COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt resolution authorizing the City Manager to approve three-year contract with
ATT for T3 Internet service ($33,048 per year) (ISD)
MEETING DATE: September 5, 2007
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to approve three-year
contract with ATT for T3 Internet services ($33,048 per year).
BACKGROUND INFORMATION: Over the years the City has become widely dependent upon the
Internet for routine communications and day-to-day business activities. The Internet is the electronic
backbone for email, file transfers, document sharing, City -sponsored file -transfer -protocol (FTP) sites,
research, and City Council Webcasts.
For the past 10 years the City has used a 1.5 mega b it -per -second T1 Internet connection. A T1 line is a
type of broadband telecommunications connection used especially to connect Internet service providers
to the Internet's infrastructure. Most home Digital Subscriber Line (DSL) connections are"faster" than the
City's T1 line. Speed is determined by bandwidth, or the capacity to transfer data over a connection. The
greater the bandwidth, the more data that can be transmitted per second. The T1 lines carry about 1.5
megabits of data per second, while the related T3 lines carry over 40.
The City has outgrown its current infrastructure and the T1 line is inadequate for today's needs.
The size of the connection has not changed since the City got its wide area network. The City currently
hosts almost 600 personal computers on its network, most of which have Internet access via the T1
connection. Traffic over the City's network has steadily increased, creating greater strain on the current
Internet connection. Adding to the strain is the size cf files being transferred. As file sizes increase, the
more bandwidth is needed to accommodate the load. In addition, the City currently hosts its public
website, www,lodi.00v. All traffic into this site comes over the T1 line, further impacting the connection.
Virtually all digital activity going into or out of the City goes over the T1 line. Should the City elect to have
its public site hosted, updates to the site would need to travel over the City's Internet connection.
Our current carrier, ATT, has reduced the price of their broadband T3 connections with bandwidths
ranging from 5 to 100 megabits per second (Mbs). Staff is proposing upgrading the current T1 to a 10
Mbs T3 connection. This will result in an almost seven -fold increase in throughput. In addition to solving
all of the current data contention issues, the upgrade will also prepare the City for future advancement of
its technical infrastructure. One such technology is online meetings and training sessions.
The annual cost of a T3 line is $33,048. Offsetting this charge will be $8,220 in annual savings related to
cancellation of the T1 line. The net difference is $24,828 annually. Virtually all City departments concur
with this proposal and have agreed to contribute $3000 from their budgets to pay for it. If approved, the
APPROVED:
43t5ir King, City Manager
City of Lodi will join the county and other cities in San Joaquin County in upgrading their communications
infrastructure in this way.
FISCAL IMPACT This proposed upgrade has been budgeted for in the 2007/2008 Fiscal Budget
BUDGET DISTRIBUTION:
Police -
101031.7313 -
($3,000)
Fire -
102011.7335-
($3,000)
Public Works —
(125053,$1,000; 103011,170401,180451,$665 each)
EUD -
160603.7715
($3,000)
HSS -
108403.7202
($3,000)
Corn Dev, -
340451.7313
($3,000)
Parks& Rec. -
107011.7717
($3,000)
Finance -
100505.8099
($3,000)
FUNDING: Budget 100242.7335 (Citywide Telephone Budget)
Z%: -C
Budget Division Manager
Respectfully Submitted,
/James R. Krueaer
Deputy City Manager
Prepared by:
Steve Mann, Information Systems Manager
tl*o�
(VArre
OPT-E-MANWSME
Customer Responsibilites Document
OPT-E-MAWICSME CustomerResvonsibififies
The following information must be provided to your customer prior to
service turn -up:
• If Virtual Local Area Network (VLAN) ID's are required to achieve traffic segregation Ethernet
Relay Service, (ERS) also referred to as service multiplexing, the local phone company WILL
ASSIGN all VLAN IDs to customer traffic/Qonnections,
• If the customer will utilize Etbernet Wire Service (EWS) ix. port based point-to-point only, no
coordination is necessary as the local phone company will pass both tagged and untagged traffic
across the point-to-point connection.
• The local phone company WILL NOT assign an hitemet Protocol (IP) address to the customer
port. The link between customer and the local phone company is a trunk,
• The local phone company WILL NOT enable Cisco Discovery Protocol (CDP) to/from
the SBC port.
• The local phone company WILL NOT enable UnlDirectional Link Detection (UDLD).
• The local phone company WILL NOT enable keep -alive.
• The local phone company will also drop customer's Bridge Protocol Data Unit (BPDU) at
User -Network Interface(UNI).
2. To insure maximum throughput efficiency, Traffic Shaping should be enabled on the
Customers Provided Equipment (CPE).
When traffic policing is applied onthe OPT -E -MAW' network, traffic shaping is required in orderto
ensure that packets are not dropped when entering the network.
I f shaping is not turned on, SBC wi I I randomly drop traffic if the customer exceeds the amount
of Committed Information Rate (CIR) that is contracted per connection. Most routers on the
market should support traffic shaping, which makes it easy to implement in its simplest forni.
Shaping is supported in the standard Cisco 10S since it is a common IP software fimction.
OPT -E -MAW can scale from 5 Mbps to I Gbps as long as the customer can shape their traffic - If
customers are not able to shape their traffic, they should purchase service in the 10/1 00/t 000 Mbps
speed tiers to achieve maximum use of the bandwidth. Failure to comply with this
recommendation could result in reduced throughput and performance!
BE
3
4.
OPT-E-MAN(?gCSME
Customer Responsibilites Document
What CPE is required?
The customer CPE can be a switch, bridge or router. If a customer elects to connect to the OPT-E-
MANO or CSME network using a switch or bridge, then the customer must be made aware of the
limitations on Media Access Control (MAC) addresses per port.
There are certain types of equipment that can't work with the 3550. The CPE that Cisco has identified
are the Cisco 8550 and the Cisco 5550. The basic problem is that these switches will cause an
intermittent 2 -second flap.
Other vendor's equipment is unknown at this time
MAC Address Limitations - OPT -;E -MAN'
If the customer connects to the OPT -E -MAN' network using a bridge or switch for Layer 2
connectivity, there are limits related to number of available MAC addresses per port. For OPT -E -
MAN" service, a total of 50 MAC addresses can be utilized per Layer 2 device, per port. Any
additional MAC addresses will be assessed an additional charge, with a limit of 100 MAC
addresses total per port.
MAC Address Limitations - CSME
If the customer connects to the CSME network using a bridge or switch for Layer 2 connectivity,
there are limits related to number of available MAC addresses per port. For CSME service, a total
of 150MAC addresses can be utilized per Layer 2 device, per port. Any additional MAC
addresses will be assessed an additional charge, with a limit of 200 MAC addresses per
port.
OPTwE-MAN@Vlulticast and Broadcast traffic limitations
The following information should be shared with your customer regarding traffic
controls that are placed on Basic Plus (multipoint -to -multipoint) OPT -E -MAN'
network configurations
Broadcast Traffic - is used to refer to Ethernet frames that are forwarded to all nodes on the network
using the broadcast Ethernet address.
Multicast Traffic - is used to refer to Ethernet framesthat are forwarded, in a point to multipoint
fashion, across the network to multiple recipients that belong to groups that are identified using any of
the multicast Ethernet addresses defined by the Internet Assigned Numbers Authority (IANA) as
Internet Multicast.
Reason f or Controls - Continuous and unpredicted floods of broadcast and multicast traffic can use
substantial network bandwidth to the point of overloading the network's capacity. For this reason, it is
necessary to place the following limits on the traffic types noted above:
Broadcast traffic limitation = 200 packets per second per port
Multicast traffic limitation = I Mbps per port
10'�
rje�
(FA,ac,
OPT-E-MAN(OCSME
Customer Responsibilites Document
5. The customer must provide the following prior to the SBC local phone company
installing the Cisco 3550 NTE
The customer must provide a I 10 Vo I t 15 amp AC outlet, preferably dedicated to each 3 5 5 0 installed
on the premise. (Please see attached Customer OPT -E -MAN"' Prep document for necessary Power,
Grounding, Space, Conduit, and Environmental requirements.)
6- The customer must complete the following on the CPE prior to service turn -up.
If the customer is connecting to a 3550 port that will not have multiple Ethernet Virtual
Connection (EVC)'s assigned to a 10/100 Mbps connection, the local phone company will the
require customer to configure the interfacing data port with the following:
— Speed set to 100 Mbps (No auto -negotiation)
— Duplex set to Full (No auto -negotiation)
— Traffic Shaping/Policing -limit output rate at or below the bandwidth usage purchased per
connection
— If utilizing multipoint -to -multipoint configuration, customer should enable controls for
multicast and broadcast traffic within the customer network(s).
If the customer is connecting to a 3550 port that will support multiple EVCs assigned to a 10/100
Mbps connection, the local phone company will require the customer to configure the interfacing
data port with the following:
— VLAN tagging - Customer traffic needs to be tagged with local phone company assigned
VLAN(s) provided by the Ethernet Network Operations Center (ENOC)
— Speed set to 100 Mbps (No auto -negotiation)
— Duplex set to Full (No auto -negotiation)
— Traffic Shaping/Pol icing - limit output rate at or below the bandwidth usage purchased
per connection
— If utilizing multipoint -to -multipoint configuration, customer should enable controls for
multicast and broadcast traffic within the customer network(�,).
If the customer is connecting to a 3550 port that will not have multiple EVCs assigned to the
I Gbps connection, the local phone company will require the customer to configure the
interfacing data port with the following:
Speed set to no auto -negotiation
Duplex set to full
Traffic Shaping/Policing - limit output rate at or below the bandwidth usage purchased
per connection
If utilizing multipoint -to -multipoint configuration, customer should enable controls for
multicast and broadcast traffic within the customer network(s).
If the customer is connecting to a 3550 port that will have multiple EVCs assigned to the I Gbps
connection, the local phone company will require the customer to configure the interfacing data
port with the following:
*11"
na�
OPT -E -MAN' /CSME
Customer Responsibilites Document
— VLAN tagging -Customer traffic needs to be tagged with the local phone company assigned
VLAN(s) provided by the ENOC
— Speed set to no auto -negotiation
— Traffic Shaping/Policing - limit output rate at or below the bandwidth usage purchased per
connection
If utilizing multipoint -to -multipoint configuration, customer should enable controls for
multicast and broadcast traffic within the customer network(s) .
7. Caveats for installation of service:
Changes to Customer Requirements — should the customer change interface types, quantities, or
locations this would invalidate the network design agreed upon between SBC and the customer.
This could delay service tum -up as it may result in a change in the type of Network Termination
Equipment (NTE) to which the customer will be connecting.
Distance limitation - The customer may need to address signal regeneration beyond the
demarcation. Demarcations will be implemented consistent with the regional MPOE and
Demarcation rules. See the following table for signaling limits from the SBC NTE, which will be
at some point behind the demarcation.
-Circuit Speed Cable type Overall Limit
100 Mb UTP electrical 90 M
(CAT5e or better)
1 000-sx 50u Multi -Mode Fiber 550M
� 4 -
OPT-E-MAN(gCSME
Customer Responsibilites Document
S,BC Sales Representative:
Telephone Number:
Date Reviewed with Customer:
Customer Site Contact Name:
Telephone Number:
5-
200_ (Month/f)av/Yegr)
SBC CUSTOMER REQUIREMENTSWORKSHEET AND
MEMORANDUM OF UNDERSTANDING FOR OPT -E -MAN" and CSME
INSTAT.T.AT10N
Requests to install mixed SBC services require approval and evaluation by SBC Common
Systems staff. Requests should be sent to the respective Product Manager using the form
entitled, "Application for Non -Standard Installation: Mixed SBC Network Services
Equipment".
P-rr�v
Tj
fted Services
OSTIA requires a minimum of 36" to the front and rear of the bay/cabinet. The bay/cabinet has to be
securely mounted and earthquake braced by bolting to the floor.
SPECIAL POLICY FOR MIXED DEPLOYMENT of GieaMAN/FibreMAN[DecaMAN and OPT-
E-MAWWSME:
SBC supports the needs of our customers to maximize their floor / rack space. In cases where the
customer requests to deploy equipment for the above services in the same rack, wch requests shall
be allowed (without Sales submitting the Mixed Services Request Form) with the following
caveats:
Local engineer (with,�ales/customer concurrence confirms
e Poiv er supply for each device is adequate and not in conflict
*Since the 3550-12 is AC powered, the cord must be physically separated from all signal cabling in
the relay rack
*Anticipated growth for each service will not exeeed current equipment capacity, or if exceeded,
will not trigger additional SBC f customer investment that would not have been necessary had we
deployed the services separately
*No power protection ("battery back-up) is required for this equipment now or in the future
This policy is not applicable for installations involving a Nortel OM5200 at customer premises.
2) Power Requirements Cisco WS -3550 -24 -SMI or WS -3550-12G requires one dedicated
fused/breaker, 15 amp, I I OV AC outlet. Properly grounded, 3 prongs. This receptacle has to be located
within 6'of the Cisco equipment.
C 2006. A I I rights reserved. 1/19/06
3) Fiber Termination: There are currently (2) options available for Fiber Termination
# 1) Rack mounted in an SBC or customer provided 19" or 23" aluminum or steel relay rack.
#2) Wall mounted on a customer provided 3/4"x 4'x 6'plywood backboard.
19M
7F-- I
3550 WALL MOUNT
CUST PREP vl.p...
El4) Demarcation Selection: There are currently (2) options available for circuit demarcation. ("Hand-off
Point")
#1) Rack mounted in an SBC or customer provided 23" or 19" aluminum or steel relay rack.
#2) Wall mounted on a customer provided 3/4 "x 4x 6' plywood backboard.
EJ5) Supporting Structure: (must meet National Electric Code Standards) may be either a cable rack or a
metallic EMT conduit.
F-] 6) Grounding Reguirements: Relay racks/cabinets must be grounded by placing an exposed #6 or
larger grounding wire to the building's ground source. This ground wire will be attached to the closest
ground rod (earth ground) or building bus bar available and run to the OPT -F -MAW location in the
room. hi addition, the I I OV, 15 amp AC outlet must he 3 prong and properly grounded.
F] 7) Environment (OPT -E -Man location): ' The customer shall provide a safe, secure, dust -free
environment. This location should be free of any major EFIfRFI fields. The QPT-E-MAW" equipment
cannot be closer than 3' from any primary source of power. If the equipment is being placed during a
period of new or scheduled construction, the Fiber Engineer from SBC will determine if the location is
suitable for installation after his initial site inspection. The engineer will determine at the time of the
final inspection, prior to the actual placement of the equipment, if the room is ready for the installation to
begin. If the room is not ready, the customer will be notified of the unsatisfactory items to correct.
n8) Conduit/Path (property line to Minimum Point of Entry/MPOE): All conduits on the building's
property are "subscriber conduit" and are the responsibility of the property owner to maintain and repair.
If the conduit is blocked when SBC tries to place new cable, all work will stop until the property owner
makes the necessary repairs. The project will be on a "customer hold status" until the conduit is repaired
and the engineer has been notified that the repairs are complete. SBC shall place inner duct/fiber liner
within this section.
F—] 9) Conduit/Path (fiber termination to OPT -E -Man location): SBC requires the OPT-E-MAW'to he
placed in the MPOE. If there is no space in the MPOE, or if the customer requests that the switch he
placed in their suite, the customer will assume the responsibility of providing the path from the MPOE to
that location. The customer shall provide conduit (min. 2" EMT) and hard plastic corrugated inner
duct with pull rope through which the fiber will be placed. The size of the conduit will be dependent on
the future growth of the customer. Any more than 300'or 2 - 90 degree turns in the path will require a
pull box (I 2"x 12"X 18" minimum).
10) General Reguirement: Provide the following information for the SBC Technicians:
# 1) Contact name and telephone number at building where install is scheduled.
#2) Any asbestos or hazardous materials present in work area.
#3) Any noise or time restrictions.
CO 2006. All rights reserved. 1/19/06
#4) Building access information such as parking, unloading zones, elevators and route to work area.
Environment
It is expected that the customer will provide a safe work environment and that all customer requirements
have previously been met (SBC Engineers will provide building requirements.) If for some reason
customer requirements can't be met, Siebel Systems would notify SBC so that they are able to reschedule
resources. The installation of the equipment currently scheduled would need to be rescheduled.
Assumptions
Complete and correct service orders will be issued in a timely manner to allow downstream work groups
adequate time to complete their work.
Room ready requirements will be complete by agreed date.
Customer will be prepared and have appropriate staff designated to test and accept service on due dates.
rmFn�r
M�j
Custon,er
Responsibilty
MAC Address Limitations for OPT-E-MANv-'
I f the cu stonier con nects t o the OPT -E -M AN'O' network using a bridge or switch for Layei- 2
connectivity. a total of 50 MAC addresses can he utilized per Layer 2 device; per port. Any
additional MAC addresses wiii he �i�sc�sed an additional charge, with a limit of 100 MAC
addresses total per port.
MAC Address Limitations for CSME
If the customer cormccts to the CSME network using a bridge or switch for Layer 2 connectivity
total of 150 MAC addresses can be utilized per 1,ayer 2 device. per port. Any additional MAC
addresses will be assessed an additional cliarac. with a limit 01200 MAC addresses total j)er i
The engineer and the customer will agree to a date for the expected completion of any required customer -
site preparation work. The customer understands that any delays in completing their room ready or
providing a path will result in delays in SBC's ability to fulffil their service request.
The undersigned customer or representative understands and agrees to provide all the above listed
requirements for SBC prior to the installation process.
Customer Representative Date
SBC Engineer
Date
(Signed and Dated by Engineer after room has passed all final ins pections/requiremen ts)
CO 2006. All rights reserved 1/19/06
(�!Fe Customer Site Preparation Document
Wall -Mounted Cisco 3550
OPT -E -MAN and CSME
CUSTOMER PROVIDED
CABLING TO CUSTOMER
EQUIPMENT
4' X 4' X 3 A "
FIRE RATED
PLYWOOD
BACKBOARD
MOUNTED TO
STUDS
CUSTOMERTO
PROVIDE
SBC
ETHERNET -
PATCH CABLE
FIBER JUMPERS
(OPTIONAL) —
Caution: Bend Radius
ON1,Y PLACFD WHEN
"ANDOFF -1-0 CUSTOMER
1-801'Tl(:Al- —
OSP FIBER
FROM C.O.
— — — — — — — — — — — — — — —
A: d
CISCO 3550
------------------
I
CUSTOMER PROVIDED I I
CABLING TO CUSTOMER I
EQUIPMENT
Room Reguirements:
Temperature: 40'F to 85'F
Humidity: 10%to 85%
(non -condensing)
VAC POWER CORD
(PROVIDED BY SBC)
FLEX -TUBE TO
PROTECT SBC FIBER
JUMPERS
(9 2005 - All rights reserved
Version I — 01/26/05
10/100/1000/GBIC
PORTS FACING UIP
WALL -MOUNT
BRACKETS
'LUDED WITH UNIT
Customer Must Provide
11 OV 15 amp AC outlet
Properly Grounded, 3 prong
MasterAgreement
This Master Agreement (the "Agreement") is between SBC Global Services, Inc. dba ATBT Global Services, a Delaware
corporation with offices at One ATBT Plaza, Dallas, Texas 75202, on behalf of itself and those Affiliates identified in those
Addenda, Attachments, Orders. and/or SOWS that may be entered into from time to time and incorporated by reference into
this Agreement (individuallyand collectively. "ATV") and CITY OF LODI ('Customer'). a California government agency, with
offices at 221 West Pine Street, Lodi. CA 95240, is effective on the date of last execution ("Effective Date"). ATBT and
Customerare sometimes referredto herein collectively as the "Parties"or individuallyas a "Party."
References to "Agreemerif refer to this Agreement, any applicable tariff or guidebook. and the documents listed in the
Addendum and Attachment List, including any Statement of Work ("SOW). New or revised Addenda, Attachments. Orders,
and/or Statements of Work must be signed by Customer and ATBT Affiliate. The following order of precedence applies to the
documents comprising an Agreement: (1) any applicable guidebook and tariff(s), (2) Addenda (and related SOWS and
Attachments), (3) this Agreement. and (4) Orders.
Notices from a Party concerning this Agreement must be written and delivered to the other Patty at the address(es) below (i)
in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by facsimile. electronically
confirmed and followed immediately by U.S. Mail. Notice will be effectiveupon delivery.
To Customer: CITY OF LODI
221 West Pine Street, Lodi. CA 95240 (for messenger service deliveries)
P. 0. Box 3006, Lodi. CA 95241 -1910 (for US Postal Service mail only)
Fax: 209-333-6807
Attention: Telecommunications Contract Manager
To AT&T- ATBT Sales Team — Contract Notice
44 W Yokuts Avenue, Floor 1
Stockton. CA 95207
Fax: 209-474-4325
Attention: AT&T Account Team for CITY OF LODI
SO AGREED by the Parties'respective authorized signatories:
I CITY OF LODI I AT&T GLOBAL SERVICES I
Oy: By:
Name:
Title:
Date:
Name:
Title:
Date:
ApprovM as to FOrm
3=y PeyCOLNRDEN Fr,;ORMATION
This Agreement Isforusebv authorized emoloyees of the padjes hereto only and is not for general distribution
within or outside their companies.
Master—Agreement—S Page lof5 N9099 08/08/07
Master Agreement Terms and Conditions
DEFINITIONS
1.1 "AfHIW' means an entity that controls. is controlled by, or is under common control with a Party.
1.2 'Confidential Information" means ideas, know-how, trade secrets, computer programs, technical information, and other
confidential information which is disclosed by a disclosing Party to a receiving Party under this Agreement. The terms of
this Agreement shall be deemed Confidential Information by the Parties.
1.3 "Cutover" occurs (except as otherwise described herein or in an Addend u m/AffachmenttSOW) (a) for a Service when
the Service is first provisioned or otherwise available for Customers use at any single Site; and/or (b) for Equipment
when the Equipment is delivered to the carrierfor shipment, or if installation by AT&T is provided as part of the Services,
then upon AT&T's installation of the Equipment.
1.4 "Equipment' means equipmentthat AT&T sells or leases to Customer underthis Agreement.
1-5 "Software" means computer programs and related object code licensed by ATBT to Customer, including any software
licensed with or separatelyfirorn Equipment.
1.6 "Normal Business Hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m, (local time), excluding AT&T
recognized holidays.
1.7 "Order" means any purchase orderfor Equipmentor Services that referencesthis Agreement (or an Addendum).
1.8 "Service(s)" means any or all services provided by ATBT. as further described in this Agreement or an Addendum.
1.9 "Site(s)" means Customer locations where ATBT is to perform Services.
2. SERVICE -SPECIFIC TERMS AND CONDITIONS
2.1 Limitation on Service: APDlicability of Tariffs. Service is offered subject to the availability and operational limitations of
the necessary systems. facilities. and equipment. Except as otherwise specified in an Addendum, regulated Services
(e.g., local or long distance telephone service) are subject to applicable tariffs and/or guidebooks (generally available at
www.sbc.com or from an AT&T sales representative). Customer and any Customer end-user use of Service shall at all
times comply with applicable laws, regulations and any AT&T written or electronic instructions for use.
2.2 Payment and RKbq. Customer will pay ATBT (i) the monthly fees and nonrecurring charges set forth in the applicable
Addendum (or, in the case of regulated services, at the charges set forth in the applicable tariff and/or guidebook), and
(ii) applicable taxes, surcharges, and recovery fees (including universal service fees), and customs and duties. Except
as otherwise provided in the applicable Addendum, (i) billing commences on Cutover: (ii) payment is due within 30 days
after the date of invoice: and (iii) payment is subject to AT&T's credit requirements and ATBT may require a security
deposit to ensure prompt payment. Customer will advise ATBT of any billing dispute within 30 days after receipt of
invoice or the invoice shall be deemed correct. In addition to recovering attorneys' fees and costs of collection, AT&T
may assess a late payment fee equal to (i) the lesser of 1.5% per month or the maximum amount allowed by law for
Equipmentor non-regulated Services. and (ii) as prescribed by the applicable tariff or guidebook for regulated Services.
If Customer pays electronically, Customer agrees to pay using Automated Clearing House (ACH) which shall include
remittance information.
3. GENERAL TERMS AND CONDITIONS
3.1 Term and Termination. This Agreement will start on the Effective Date and remain in effect until terminated by either
Party as provided herein (the "Term"). Each Addendum is coterminous with this Agreement, unless the Addendum
specifies a different term. Upon expiration of the term specified, each Addendum shall remain in effect on a month-to-
month basis at AT&T's then current monthly pricing. Customer, and ATBT (in the case of Services that are no longer
under a term commitment). may terminate this Agreement or an Addendum without cause and for convenience upon 30
days' prior written notice. If Customer terminates an Addendum with a specified term or term commitment, Customer
shall pay the termination liability (i) specified in the Addendum: or (ii) if no termination liability is specified, an amount
equal to (a) 50% of the remaining monthly recurring charges due under the Addendum; and (b) any charges imposed on
AT&T by any third party as a result of Customers early termination. Customer may cancel an Order for Equipment prior
to Cutover, subject to payment of any non-recoverable restocking fees or costs incurred by ATBT. Customer may not
cancel an Order for Equipmentafter Cutover.
3.2 Termination for Breach. This Agreement (or applicable Addendum) may be terminated immediately by either Party or
ATBT may suspend performance hereunder or thereunder, upon written notice to the other Party ii-Ifthe other Party (i) is
in material breach (including but not limited to failure to make timely undisputed payments) and such failure or breach is
not remedied within 30 days after the terminating Party provides written notice to the breaching Party specifically
describing such breach; (ii) ceases to carry on business as a going concern. becomes the object of voluntary or
involuntary bankruptcy or liquidation, or a receiver is appointed with respect to a substantial part of its assets; (iii)
CONFIDENTIALINFORMA TIOM
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution
within or outside their companies.
Masfe�_Agreement_S Page 2 of 5 Iv9099 08/08/07
Master Agreement Terms and Conditions
engages in fraud, criminal conduct, or willful misconduct; or (iv) breaches the confidentiality obligations under this
Agreement.
3.3 Force Maieure. Except in the case of payment of amounts due, neither Party will be liable to the other Party for any
failure of performance due to any cause beyond that Party's reasonable control, including acts of God, fire, explosion,
vandalism, terrorism. cable cut. storm. or other similar occurrence. any law. order, regulation, direction, action, or
request by any government, civil, or military authority. national emergencies, insurrections, riots, wars, labor difficulties,
supplier failures, shortages, breaches, or delays, or preemption of existing Service to restore Service in compliance with
the regulatory rules and regulations, or, in the case of ATBT, delays caused by Customer or Customers service or
equipment vendors.
3.4 Assionment. Neither this Agreement (including any Addendum) nor any interest therein maybe assigned. sublet, or in
any manner transferred by Customerwithout the prior written consent of ATBT. Any attempted assignment or transfer in
contravention of the preceding sentence will be void. AT&T may assign or subcontract any portion of the Services to be
performed without Customers prior written approval.
3.5 Use of Confidential Information. During the Term, each Party may obtain Confidential Information from the other Party.
Written or other tangible Confidential Information must at the time of disclosure be identified and labeled as Confidential
Information belonging to the disclosing Party. When disclosed orally or visually, Confidential Information must be
identified as confidential at the time of the disclosure, with subsequent confirmation in writing within 15 days after
disclosure. Neither Party may during the Term and for 3 years thereafter disclose any of the other Party's Confidential
Information to any third party. Neither Party may use the other Party's Confidential Information except to perform its
duties underthis Agreement. The Confidential Information restrictions will not apply to Confidential Informationthat is (i)
already known to the receiving Party, (ii) becomes publicly available through no wrongful act of the receiving Party, (iii)
independently developed by the receiving Party without benefit of the disclosing Party's Confidential Information, or (iv)
disclosed by the disclosing Party to a third party without an obligation of confidentiality. Upon termination of this
Agreement or an applicable Addendum, each Party will return the other Party's Confidential Information.
3.6 Customer Information: Access and Safe Workino Environment. AT&T may rely on any information provided by Customer
and assumes no liability for any damages or costs that result from errors or omissions in such information. Customer
shall provide ATBT with timely access to Customer information, facilities or equipment as ATBT reasonably requires to
provide the Services and keep ATBT informed on developments in Customers business or operations that may impact
Service. ATBT may share Customer information and Confidential Information (including billing and usage informationfor
Services purchased)with ATBT Affiliates and inform Customer of other ATBT product/service offerings. Customer shall
maintain the Site in a suitable and safe working environment, free of Hazardous Materials. Customer represents and
warrants that the area of the Site where AT&T performs Services is free of Hazardous Materials. ATBT does not handle,
remove or dispose of, nor does ATBT accept any liability for, any Hazardous Materials at the Site. Customer shall pay
ATBT for any damages, costs, fines or penalties ATBT incurs as result of the presence or release of such Hazardous
Materials. If ATBT encounters any such Hazardous Materials, ATBT may terminate this Agreement or suspend
performance until Customer removes and cleans up at its expense Hazardous Materials in accordance with this
Agreement and applicable law. For purposes hereof, "Hazardous Materials" means any substance whose use, transport,
storage, handling, disposal, or release is regulated to any law related to pollution. protection of air, water, or soil, or
health and safety.
3.7 Publicity. During the Term, ATBT may refer to Customer, orally and in writing, as a customer of ATBT and may publish
a press release announcing in general terms that ATBT and Customer have entered into this Agreement and AT&T may
in general terms describe the activities contemplated hereunder. Any other reference to one Party by the other Party
requireswritten consent of the first Party.
3.8 Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO LOST
PROFITS, TOLL FRAUD, LOSS OF USE, AND LOSS OF DATA, OR FAILURE TO
REALIZE SAVINGS OR BENEFITS) ARISING UNDER THIS AGREEMENT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH LOSS. EXCEPT AS OTHERWISE
PROVIDED IN ANY APPLICABLE TARIFF OR GUIDEBOOK, THE TOTAL AGGREGATE
LIABILITY OF AT&T, ITS SUPPLIERS, LICENSORS, AFFILIATES, DIRECTORS,
OFFICERS, AND/OR EMPLOYEES UNDER OR IN CONNECTION WITH THIS
AGREEMENT WILL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED
AMOUNTS ACTUALLY PAID BY CUSTOMER DURING THE 3 -MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE OF THE CIRCUMSTANCES GIVING RISE TO
THE FIRST CLAIM FOR DAMAGES UNDERTHIS AGREEMENT.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorizedemployees of the parties hereto only and is not fbr general distribution
within or outside their companies.
Master4�greement-S Page 3 of 5 lv9O99 08108107
Master Agreement Terms and Conditions
3.9 Warranties: Disclaimer of Other Warranties. With respect to maintenance or professional Services. ATBT warrants that
the Services will be performed in a professional and workmanlike manner. ATBT further warrants that it has good title to
the Equipment and that the Equipment will perform in accordance with the manufacturer's published specifications
during the warranty period set forth by such manufacturer and ATBT will use commercially reasonable efforts to
subrogate any ATBT claims or rights against the Equipment manufacturer to Customer. ATBT makes no warranties and
assumes no liability for any defects or nonconformities caused by non -AT&T approved modifications or alterations;
misuse, accident or neglect; or Customerfailure to comply with ATBT or AT&T vendor specifications or requirementsfor
use. These warranties do not cover and ATBT has no responsibilityfor (a) installation, maintenanceor operation of non-
ATBT provided equipment or software or impairment caused by such equipmendsoftware: (b) compatibility of such
equipmendsoftware with ATBT-provided Equipment or Software; or (c) modifications. alternations or repairs to
Eauioment or Software by persons other than ATBT or its authorized apents. EXCEPT FOR THE FOREGOINQOR AS
EXPRESSLY SET FORTH IN AN ADDENDUM, AT&T MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES RELATED TO THE MATERIALS, SERVICE, EQUIPMENT OR SOFTWARE, ALL OF
WHICH ARE PROVIDED "AS IS"TO THE FULL EXTENT PERMITTED BYLAW.
3.10 Indemnities. Customer will indemnify and defend ATBT. its directors, officers, employees. agents and their successors
("Agents") from and against any and all third party claims and related loss, liability, damage and expense, including
attorneys' fees, (collectively "Damages") arising from improper use of Services or information or any content or data
transmitted over any ATBT network or facilities.
3.11 Equip
nent. To the extent that Customer purchases Equipment under an Addendum/Aftachment(SOW, the following
additional t e n s apply: ATBT will deliver the Equipment FOB shipping point, freight prepaid and charged. Tide to the
Equipment and all risk of loss to the Equipment shall pass to Customer at Cutover. Upon Cutover. ATBT hereby grants to
Customer a personal, nontransferable, non-exclusive license to use the Software on or with the corresponding Equipment
and ATBT (or its licensors) shall retain and continue to own all right, title and interest in any Software and all copies.
Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, powerlutilities, and all other items
reasonably required to perform installation and other Services related to the Equipment and obtain any necessary licenses,
permits and consents to do so. Customer has 30 days after Cutoverto test the Equipmentand provide ATBT with written
notice if the Equipment is defective and dues not conform to manufacturer's specifications. ATBT wil I repair or replace (at its
option and expense) any such nonconformity and if the Equipmentfails to conform after a reasonable number of attempts to
do so, ATBT will (at its option and expense) provide replacement Equipment or refund payments for nonconforming
Equipment. ATBT is not responsible for and shall have no liability for, or any impairment caused by (a) any non -conformity
caused by improper use or environmental or electrical conditions or attachment of non-ATBT or manufacturer materials or
devices; or (b) installation, operation or maintenance of non-ATBT hardwarelsoftware. Customer is responsiblefor ensuring
that such non -AT&T hardware/software is compatiblewith the Services. Equipmentor Software. If Customer does not deliver
a written certificate of acceptance or written notice of nonconformity within 30 days after Cutover. the Equipment shall be
deemed accepted.
3.12 Miscellaneous. This Agreement sets forth the entire understanding of the Parties and supersedes any and all prior
agreements, representations, and understandings relating to the subject matter hereof. No modifications or subsequent
agreements concerning the subject matter of this Agreement will be effective unless made in writing and signed by the
Parties. The parties agree that this transaction may be conducted by electronic means. AT&T shall not be bound by any
electronic or pre-printed terms additional to. or differentfrom, those in this Agreement that may appear in Customers form
documents, orders, acknowledgments or other communications. Customer shall not resell any Services without AT&T's
written consent. Any legal action arising under this Agreement must commence within 2 years after the cause of action
arises. AT&T. its employees, agents. and representatives are not employees, servants, partners, or joint venturers ot or
with Customer. ATBT is an independent contractorand will at all times direct, control, and supervise all of its employees.
This Agreement will be governed by the laws of Calhmia, Ahout regard to its conflift cf 12w rui@s. The Paaies
specifically disclaim the United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act. If any provision of this Agreement is determined to be invalid or unenforceable,
this Agreement will be construed as if it did not contain such provision. The failure of a Party to insist upon strict
performance of any provision of this Agreement in any one or more instances will not be construed as a waiver or
relinquishment of such provision and the same will remain in full force and effect.
CONFIDENTIAL INFORMATION
This Agreement isforuse by authorized employees of the parties hereto only and is notforgeneral distribution
within or outside their companies.
Mastei,4�greement_S Page 4 of 5 Iv9099 08/08/07
Addendum and Attachment List
This Addendum and Attachment List to the Master Agreement (the "List') between AT&T and Customer, current as of the
Effective Date, is incorporated into the Agreement by this reference. AR Addenda and Attachments shall be attached to the
Agreement.
ADDENDUM#1 AT&T OPT -E -MAN FCC SPECIAL ACCESS
TARIFF - Addendum to MasterAgreement
ADDENDUM 92 AGREEMENT FOR AT&T PremierSERVSM
DEDICATED INTERNETACCESS (DIA)
ADDENDUM#3 AT&T PremierSERVSM DEDICATED INTERNET
ACCESS SERVICE - Terms and Conditions
This List may be amended from time to time in writing and signed by the Parties,
CONFIDENTIAL WFORMA TION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution
within or outside their companies.
Master -Agreement -S Page 5 of 5 Iv9099 08/08/07
ATBT OPT-E-MANV
FCC Special Access Tariff
Addendum to MasterAgreement
This Addendum to the Master Agreement entered into between the parties on August _, 2007 (Addendum") serves as a
confirmation of Customer's agreement to purchase OPT-E-MAN@Service ("Service") offered by SBC Global Services. inc. dba AT&T
Global Services on behalf of its local phone company ("AT&T") at the rates and quantities and according to the terms and conditions set
forth herein and in the applicable FCC Special Access Tariff. OPT -E -MAN provides Customer with a fiber -based service that
transparently interconnects multiple Customer local area networks (LANs) within the same LATA. OPT -E -MAN will support nearly any
data transport configuration - Point -to -Point. Point -to -Multipoint, Multipoint -to -Multipoint - using physical and virtual connections to
meet specific business needs. Connections to the network range from 5 Mbps - 1 Gbps. The handoff to Customer will be a 101100
Mbps or 1 Gbps Ethernet interface. If Customer connects to the OPT -E -MAN network using a bridge or switch for Layer 2 connectivity,
only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be
assigned additional charges, with a limit of 100 MAC addresses total per port as setforth in the applicable tariff.
1. Rates: Monthly charges for the Service Connection and the Bandwidth Usage Rate are based on the rates in effect at the time the
Service is installed and accepted by Customer. During the Service term, rate decreases, as applicable. will automatically be applied to
the Monthly Charges for the Connection and Bandwidth Usage Rate and any applicable EVCs. Rates will not increase above the
Monthly Charges in this Addendum. Monthly charges for the Connections. Bandwidth Usage Rate and applicable EVCs may change if
a Service location is moved.
2. Term and Expiration: The Service term for the Connection and the Bandwidth Usage Rate is the term selected by Customer on
page 2, Term Payment Plan ('TPP). Upon expiration of the Service term, Customer may continue Service at the then -current monthly
extension rate, renew at the then -current Monthly Rates for the selected Service term, or terminate the Service term and disconneetthe
Service.
3- Term Plan Renewal or Change: Prior to completion of the selected term, Customer may renew or change to a different term plan
without incurring early termination charges, provided the new term plan is for an equal or greater number of connections than the
number ordered herein and is greater in length than the months remaining on the Service term plan ordered herein. Monthly Rates for
the new term will be based on rates in effectat the time the new plan is installed.
4. Servioe Upgrade: Customer may upgrade Service to a higher Connection speed and Bandwidth Usage Rate without incurring ea0y
termination charges provided that the upgraded Servim is under a term plan ttEt-_ :b equal or greater in length than the number of months
remaining in the term plan ordered herein and is installed between the locations herein. Non-recurring charges will applyto the upgraded Service.
5. Moves: During the Service term, Customer may move one connection to another location in the same LATA and keep the term plan
in force, provided no lapse in service occurs. Movesto a different Serving Wire Center, however, may result in a change in the monthly
rates. Non-recurring Charges, as appropriate, are applicable. The non-recurri ng charge that is currently in effectfor the applicable TPP
will apply. If Customer moves multiple connections concurrently. Customerwill be liable for an early termination charge.
6. Early Termination: In the event Customerterminates; the Service in whole or in part prior to the expiration of the term plan (except
as otherwise permitted in this Addendum), Customer will be liable for an early termination charge for the Connections. Bandwidth
Usage Rate and applicable EVCs. The non-recurring charge that is currently in effect for the applicable TPP will apply. In addition to
any unpaid Special Construction or nonrecurring charges (excluding any waived charges), Termination Charges will be equal to fifty
percent (50%) of all recurring charges for the remaining months of Customer's term.
7 Jurisdiction: Customer acknowledges and certifies that interstate traffic (including Internet traffic) constitutes more than ten
percent (10%) of the total traffic on the circuit(s).
8. Site preparation: Customer shall initial here to confirm receipt of the ATBT Customer building I site preparation document which
describes the physical conditions of Customer premises that must be made available before Service can be installed. Customer site
preparation is a major factor impacting service implementation dates.
Customer Initials:
SO AGREED by the parties' respective authorized signatories:
CITY OF LODI
AT&T GLOBAL SERVICES
Authorized CuktoA*r Signature Authorized ATBT Signature
Print Name
Title
Date
Print Name
Title
Date
221 W. Pine Street. P. 0. Box 3006
CONFIDENTIAL INFORMATION
This agreement is for use by authorized employees of the parties hereto only and is not for general distribution
within or outside their companies.
OPTEMAN-FCC-Tariff-Addendum Page 1 of 3 RB0C_,o9g
6
Appwvtd as to folrM
AT&T OPT -E -MAN@
FCC Special Access Tariff
Addendum to MasterAgreement
BillingAddress
Lodi, Calffbmia 95241-1910
City, State, andZIP
Existing Billing Account Number (if applicable)
NOTE: The Parties'signatures on this Addendum are not necessary when this Addendum is incorporated by reference in the Master
Agreement on the MasterAgreement's Effective Date. This Addendum must always be associated with a MasterAgreement and may
not be executedas a standalone agreement.
Order Type: 0 New Install El Renewal El Change Term Payment Plan: 36 months
Service: F_) Basic Service 0 Basic Plus Service
Number of Connections: 1 Grade of Service: E3 Bronze 0 Silver
Number of Locations: 1 (Bandwidth per connection is listed in Exhibit 1)
Numberof Repeaters: Total Number of EVCs: 1 (Number of EVCs per connection is listed in Exhibit 1)
Requested Cutover Date: 111112007
Monthly Charge for Connections $550.00
Monthly Charge for Repeaters $0.00
Bandwidth Usage and EVC Charges per month $1190.00
TOTAL CHARGES PER MONTH $1740. 00
Non -Recurring Service Charges $0.00
SERVICE CONFIGURATION IS ATTACHED AS EXHIBIT I
v', - 7 7�
Branch Office: AT&T Business Solutions Center Location:
Sales Contact:
Phone:
Fax:
Sales Code:
Promotion Code:
Contract must be returned by salesperson to Contract Management:
2600 Camino Ramon, 2S303,San Ramon, CA 94583
CONFIDENTIAL INFORMATION
This agreement i s for use by authorized employees of the parties hereto only and is not for general distribution
within or outside their companies.
0PTEMAN_FCC_Tariff_Addendum Page 2 of 3 RBOC_reg
06/01/W)�469
Nameof
Serving Wire Center
Connection Type
Repeaters
CIR'Rate
0
2 5 W Elm Street
LODICA01
Basic Plus 161100 Mbps
I OMbps
I
[select one]
[select one)
[select one]
fselect one]
(select onel
[select one]
[select one]
[select one]
[selectone]
[select one]
[select one]
[select one]
[select one)
[select one]
[select one]
[select onel
[select onGI
[select one]
[select one]
[select one]
[select one]
CON Fl DENTAL I N FORMATI ON
This agreement is for use by authorized employees of the parties hereto on ly a nd is not for general distribution
within or outside their companies.
Page 3 of 3 RDOC re
OPTEMAN-FCC-Tariff-Addendum 06/01/06 pwgO
Addendum to Master Agreementfor
AT&T PrernitirSERVSM Dedicated IntemetAccess (DIA)
Addendum No. La
This Addendum ("Addenclum"):b an Attachment to the Master Agreement entered into by AT&T Globa� Services, on behalf
of AT&T InternetSer-Oces referred to herein as "AT&T" and City of Lodi("Customer"), and is effective on the date of last
execution. Execution of this Addendum is conditioned on AT&T's approval of Customer's credit AT&T reservesthe right to
reject this Addendum or require a deposit based on Customers credit.
Installation Site City of Lodi Valid only for existing Customers adding circuits or
215 W Elm Street siteslupgradingidowngradingirenewingcurrent DIA
Lodi. CA 95241 Service. Any other use is prohibited.
Basic - Part
Contract Term: 36 Months
Quantity
Monthly Charge
Installation Charge
Basic - Port EMA OPT -E -MAN ('10.0 Mbpt)
947
-
Domain Name $eryice
Business EEmaii (30OMb Complimentary)
Paymentfbr Services
Total Initial Charges Du
Total Monthly Charges Du
$0.00
1947.00
Estimated Service Activation Date: 12-16 Weeks from Contract Signature Date
Service Demarc to customer is : SBClS Servicng Wire Center f a CA-STOCKTON (738) Internet POP
PriceQuote(s) contained an this page are valid until 09/28/2007
ATBTAddress (f�allotice Purposes): AT&T Intemet Services, P.O.Box 941127. Piano, TX 75094-1127
Customer SuppoO Teleprk)ne NumbW: 1-866-937-3664
Goveming Law State: Californ�a
The ATBT PremierSERVSM DedicaWfnternet Access5ervice Terms and Conditions (Version 4.3) are available Online at
http://dedicated.sbcis.sbc.comiNDW S/sbc_policyfterms-jsp , and are incorporated herein by reference.
CUSTOMER
(Signature)
Narne.
Title:
Date:
AT&T GLOBAL SERMCES on behalf of
ATBT INTERNET SEIRVICES
(Signature)_
Name:
ritle:
DatJ.7
CONFIDENTIAL INFORMATION
This Agreement Is for use by authoriied ernployeeS Of thepartieS hereto only and is —f
MSOT Id 72184-97047 for general distribution withirt or cotsiae ffAW comPanles.
ECATS No null
Addendum -A T& TIS�_PrernierServ-DIA_4.3 Updated08/15YV5
Approved as to
ILI,
ATIBT PremierSERVsm DEDICATED INTERNETACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
DEFINITIONS
A) 'COE" shall mean Customer owned or provided equipment.
B) "Federal Universal Service Pass -Through Fee ("FUSPF")" shall mean a pass-through of the Federal Universal
Service Fees ("FUSF") associated with the telecommunications services underlying the Service. based on
current FUSF rates. The FUSPF may be modified from time to time to reflect changes in the FUSF.
C) 'ATBT shall mean either SBC Internet Services, Inc, dba ATIBT Internet Services or SBC Long Distance, LLC. as
identified and set forth on the first page of this Agreement.
D) "Service" shall mean the service(s) as identified and set forth on the first page of this Addendum. ATIBT
reserves the right at any time during the Term of this Addendum to modify the Service and/or to migrate
Customerto AT&7s Managed Internet Service or other comparable service ATIBT may have at that time ("ATBT
MIS").
E) '"Service Activation Date" or "Cutover Date" shall mean the date Customer has connectivity over the transport
network to ATBT's Internet Access Network. In the case of connectivity via ISDN, Frame Relay or ATM.
connectivity shall have occurred when a physical connection has been installed and a permanent virtual circuit
(PVC) has been established to permit routing of trafficfrom Customers equipment to ATBT's Internetaccess
network. The Service Activation Date shall not be dependent on correct configuration of Customers computer
equipment, applications (e.g., Domain Name Service, Electronic Mail Service), Local Area Network ('IAR') or
Wide Area Network ("WAN")).
2. TERM
A) The Term of this Addendum and the Service provided hereunder will commence on the Service Activation Date
and will continue for the Term specified on the first page of this Addendum. The Term of the Service shall
automatically renew on a month-to-month basis on the terms and conditions set forth herein, unless either party
delivers to the other party thirty (30) days advance written notice of termination. Upon renewal under this
provision. the price to Customerwill be as stated in ATBT's standard price list in effect at the time of renewalfor
month-to-month Service.
S) If during the Term of this Addendum, ATIBT chooses to migrate the Customer to ATIBT MIS. AT&T will provide
the Customer with a prior written (via e-mail) notice to that effect. The terms and conditions specified in this
Agreement shall continue unchanged.
3. TERMINATION
A) Priorto the date upon which ATBT installs transport to provide Service, (I) Customer may cancel this Addendum
by providing ten (10) days prior written notice on Customer's company letterhead to ATIBT and (ii) ATBT may
cancel this Addendum based on Customer's non -responsiveness or non-readinessto haveAT&T provision/fulfill
the requested Service within ninety (90) days after Customer orders the Service. In either event, Customer
shall pay AT&T as liquidated damages, not as a penalty, a cancellation charge equal to two (2) months of the
Service charges.
B) Afler the date upon which ATBT installs transport to provide Service, in the event Customer terminates this
Addendum without cause or ATIBT terminates this Addendum based on Customer's non -responsiveness or non -
readiness as set forth above, Customer will be liable to ATBT as liquidated damages, not as a penalty, for any
installation charges waived or unpaid, any other unpaid charges due and owing, plus fifty percent (50%) of the
Monthly Charges for the remaining Term of the Service from the date of termination.
4. BILLINGAND PAYMENT
A) Taxes and then current FUSPF associated with Customers use of the Services will be added, ifapplicable, to
monthly charges specified herein.
B) For all charges, including installation charges and taxes, if applicable, ATIBT will bill Customer through
Customers monthly bill from the ATBT Affiliate providing Customers local telephone service. For circumstances
where Customer is outside ATIBT local telephone service territory or where deemed necessary, at ATB7s sole
discretion, Customer may receive an invoice directly from ATBT for all charges. Monthly recurring charges will
be billed in advance and usage charges will be billed in arrears. Partial months of Service will be prorated.
Payments will be applied first to the oldest charges on the bill, without regard to any notation Customer may
make on its check, Monthly Charges shall commence on the date that ATBT makes Internet connectivity
available to Customer. If Customer delays Internet connectivity for more than ten (10) business days after the
date that the transport is installed, ATBT will begin billing Customer for the Service on the eleventh (11th)
business day following the installation of the transport.
CONFIDEN77AL INFORMATION
The information contained herein is for use by authorized employees of the parties hereto only and is nOtforgeneral
distribution within or outside theirrespective companies.
DIA—Addendurn—Terms—and Ganditions—Version-4.3 017106106
paup I nf .5
ATBT Premier$ERVs' DEDICATED INTERNETACCESS SERVICE
TERMS AND CONDITIONS
forAddenclum egreemeqts
5. DOMAIN NAME REGISTRATION
A) Customer is responsible for choosing a domain name and submitting an application to ATBT. ATBT makes no
warranty or representation that the requested domain name will be available for registration. Customer will
retain ownership of the registered domain name(s).
6. CUSTOMER OWNED EQUIPMEN
A) Unless specified in this Addendum, Customer is solely responsible for provisioning, installing, Configuration and
maintenance of all COE hardware and software. including without limitation TCP/IP routers, CSUIDSU line
interface units, primary domain name servers, electronic mail servers, netnews servers and firewall or proxy
servers. ATBT shall not be responsible for delays in the provision of Service resulting from incompatibility of
such COE, or resulting from improper provisioning, configuration or maintenance of such COE. ATBT may
provide configuration files for certain routers. at its sole discretion. and only as a Convenienceto Customer. The
connection of COE and wire will at all times comply with the terms, conditions, limitations and responsibilities
normally applicable to the connectionof customer premise equipmentto the telephone network. including those
now or hereafter established in the Federal Communication Commission's Part 68 Rules and Regulations.
B) ATBT may make changes in its Services, equipment. operations or procedures, including those related to the
Service, where such action is not inconsistent with the proper operation of the Service provided under this
Addendum. If any such change can be reasonably expected to render any of Customer's COE incompatible or
otherwise materially affect its use or performance, Customer will be provided written notice at least three (3)
months in advance of the change. If Customer determines that the cost of replacing or modifying its equipment
or system in order to reestablish compatibility and maintain uninterrupted Service is unreasonable, Customer
may terminate this Addendum without penalty or liquidated damages (e.g., cancellation or termination charges).
C) Customer will provide the proper environment, electrical and telecommunication connections for the Services
and router. if applicable, as specified by ATBT andfor the Router manufacturer. No combination of COE will:
require change in or alteration of the equipment or Service of ATBT; cause electrical hazards to ATBTs
personnel or damage to ATB7s equipment; cause the malfunction of ATBT's billing equipment; or cause
degradation of Service to persons other than the user of the subject terminal equipment or communications
system. Upon notice from ATBT that Customer's COE is causing such hazard, damage, malfunction or
degradation of Service. Customer will promptly make such changes as will be necessary to remove such
hazard, damage, malfunction or degradation of Service.
7. ATBT RESPONSIBILITIES
A) Router installation and maintenance. If specified on the first page of this AQreement, ATBT will:
1 ) Provide. install and maintain a fully configured, staged. and tested router. configuredwith the I P software suite and
LAN interface (trie'Router"). Tifie to the Router shall pass to Customer upon ATBT's completion of the installation of
the Router, ATBT will terminate the Service in the Router's LAN interlace. which will be the Service pointof
demarcation. Customer is responsible for interfacing its equipmentlLAN with the Router. If Customer requests and
agrees to pay time and material charges.the Service interface may be extended to another Customer requested
location. It Customer Chooses to terminate its maintenance agreenrictnt with AT&T, Customer will become
responsible for al. router configurations and configuration requests. and requestfor support beyond basic access to
the internet, will be performed by DataComm Customer Care solely Un a Time and Materials CUM" )basis
2) Provide support lor basic connectivity to the internet. as well as up to 10 extended IP access list lines.
DHCP on a router. Porl Address Translation (PAT), and slafic (public to private) NAT. These configuration
requirements are to be provided by Customer prior to installation. and performed at provisioning, or on
exception basis, during maintenance. All other configuration requests by Customers will be performed on a
Times and Materials (TBM) bass.
B) Provide project management of the Service and Router installation;
C) Provide to Customertne Servtce circuit (Ds. and an 800 number for trouble reportingafter the Service Activation
date.
D) Retain the Router password and will be solely authorized to make changes to the Router configuration;
E) Maintain and repair the Router for the duration of the Service period in accordance with Section 12 hereof. If,
however, Customer chooses lo manage the Router password, then Customer will be responsible for the
maintenance and repair of the Router. In that instance, ATBT will no longer have the responsibility to maintain
and repair the Router as stated herein.
F) Except with respect to Service provided over AT&T's Integrated Services Digital Network ('ISDN"), ATBT will
monitor the Service 24 hours a day. 7 days a week for Service troubles and failure and will provide Customer
with Service information and documentation for trouble reporting.
G) ATBT will allocate the necessary number of IP addresses lo Customer based on the mutually agreed upon
aesign and provide specific LAN/WAN assignments for the Router. ATBT reserves the right to decrease,
CONFIDENTIAL INFORMATION
The information contained herein is ibrUSeoy authorized employees of fheparties herefoonly and Isnot for general
distnbution wif nin or outside their rr?spective companies
DIA-Addendum-Torms-and-Conditions-Version-4.3 07/06/06
Paae 2 of 5
AT&T Premier$EWm DEDICATED INTERNETACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
increase, modify or otherwise restrict the number of IP addresses assigned to Customer, but will not do so
without Prior discussion with Customer.
8. CUSTOMER RESPONSIBILITIES
A) Customer is resoonsibiethe followinqo:
1) providingthe path for the extensionof the Service interface beyond the network interface demarcation;
2) providingaccess to the network demarcation and Routerduring installation andfor the Term;
3) providing an on-site project manager/contact at mutually agreed upon tirnes and for the duration of the
installation interval who will designate the Service interface requirements. assist in the installation and
configuration of the Router, and accept the Service;
4) providing network security for its LAN and access to Customers LAN. This may include numbering/
renumbering Customers LAN IP devices using the newaddressto permit accessto the Internet;
5) IP addressing of any hosts connected to the Router and IP sub -netting behind the Router. AT&T does not
provide professional services regarding sub -netting beyond the LAN interface on the Router;
6) providing a firewall or other device to protect its internal network if Customer has not elected to obtain
security services from AT&T; and
71 providing AT&T with access to all wiring closets, equipment moms and/or demarcation locations during
installation and maintenance procedures.
9. SPECIAL CONSTRUCTION
A) Special Construction will be required if (1) the facilities or equipment are not available to meet an order for
Service and AT&T or its affiliates or vendors must construct facilities; (2) Customer requests Service to be
furnished using a type of facility or equipment, or via a route, other than that which AT&T would ordinarily utilize
in providing the requested Service; or (3) Customer requests construction be expedited and such expedited
construction results in added cost to AT&T. Special construction charges will be developed based upon
estimated costs and Customer must provide written approval and payment for all special construction costs
before AT&T or its affiliates or vendors will begin any special construction. If Customer fails to provide written
approval of and pay for special construction charges, Services ordered under this Addendum will be terminated
by AT&T.
10. SERVICE MOVES. CHANGES &UPGRADES
A) The Site(s) to receive the Service which are specified on the first page of this Addendum may be moved or
changed from one Site to another within the LATA. so long as the new Site can be Served from an AT&T wire
center, and the Service and associated charges will continue uninterrupted. Non-recurring charges and new
recurring charges that would apply for the new locationwill be negotiated at the time of the move. If Customer
elects to upgrade the Service to a higher speed, Customer may do so without liability for the early termination
charges specified in this Addendum if Customer signs a new agreement with a term at least equal to the Term
of this Addendum. Customerwill be responsiblefor installation charges and the new monthly rate.
11. TRANSPORT SERVICES
A) Unless purchasedwith the Service. Customer mustobtain local transport services ("Transport") from a transport
provider for use with the Service and the terms and conditions applicable to those services are not in any way
affected by the terms of this Addendum. Additionally, ANY LONG DISTANCE, MEASURED SERVICE OR TOLL
CHARGES INCURRED BY QUaTOMER TO ACCESS THE SERVICE DURING CUSTOMERS USE OF THE
SERVICE SHALL BE CUSTOMERS SOLE RESPONSIBILITY.
12. MAINTENANCEAND TESTING
A) The Parties will cooperate with each other in performing joint tests to the extent reasonably necessary to
establish the Service or to detect, isolate and remedy Service related problems. Joint tests will be at no charge
to the other Party, if such tests are conducted by remote testing systems. if an AT&T on-site technician is
necessary and the trouble is located on Customers side of the interface, actual material and labor prices at
AT&T's standard rates will apply. AT&T will negotiate and coordinate the maintenance of transmission Services
with Customer's chosen local transport provider.
B) AT&T will perform routine maintenance as is customary to reasonably maintain the Service. Transport, and
Router, if applicable, as described herein. All such maintenance will be performed at no additional charge to
Customer if the fault which gives rise to the maintenance request is determined by AT&T to reside on the AT&T
CONFIDENTIAL INFORMA TION
The information contained herein Is for use by authorized employees of the parties hereto only and is not lbr general
distribution within or outside their respective oompanies.
DIA -Addendum -Terms -and Conditions— Version- 4.3 07106106
PAM 3 Of 5
ATBT PremierSERVsm DEDICATED INTERNETACCESS SERVICE
TERMS AND CONDITIONS
forAddendum agreements
side of the point of demarcation between ATBT and Customer or in the Router. Actual material and labor prices
at ATB7s standard rates will apply to troubles isolated to COE. to Customer's misuse of the Router. or to any
condition on Customer's side of the point of demarcation between ATBT and Customer.
C) Customer understands and agrees that temporary interruptions may occur as normal and reasonable events in
the provision of the Service. All computer systems and networks need routine maintenance from time to time.
ATBT generally schedules and performs such maintenance, on an as needed basis, during the times indicated
on AT&T's website (located at hfto�f/dedicated.sbcis.sbo.Gom/NDWS/. Not all scheduled networkisystems
maintenance will affect Customers Service. However, ATBT will endeavor to provide Customer five (5)
business days advance notice, or if not possible, reasonable advance notice if ATBT believes that such routine
scheduled maintenancewill affect Customers Service. In the event of a network1systems emergency requiring
immediate attention, ATBT reserves the right to perform emergency maintenance without notice or upon short
notice, and shall use all reasonable efforts to minimize the effectof such work on Customers Service.
D) Customer acknowledges and agrees that ATBT has no control over third party networks Customer may access
in the use of the Service, and therefore, delays and disruption of other network transmissions are completely
beyond the control of ATBT. ATBT will not be responsiblefor Customer's inabilityto access the Intemetdue to
circumstances not in the direct control of ATBT, such as individual Internet users own equipment capabilities
and/or limitations, Internet limitations and/or browser software limitations.
13. SERVICE LEVELAGREEMENT (Visit htto-//dedicated.sbcis.sbc.com/NDWS/slaI forSLA Detailsand Methodology)
A) Network Service Levels: ATBT agrees to meet the following network service levels:
1 ) lVetwork A vadability- AT&T's IP Backbone Network. from which it provides ATBT PremierSERV Dedicated
Internet Access, will be available 99.99% of the time, based upon a monthly average between ATBT-
selected MegaPOP and MiniPOP endpoints.
2) Network Latency: Average round-trip transmissions will be 40 millisecondsor less between ATBT-selected
MegaPOP endpoints within ATBTs IP Network, measured by averaging samples taken during a calendar
month between these endpoints.
3) Network Packet Loss: During any calendar month, packet loss will not exceed 0.1% based upon monthly
averages, between ATBT-selected MegaPOPand Mi niPOP end points within AT&T's IP network.
4) Off -net Performance ("AT&T KB40'): The monthly average full-page download time for the Keynote
Business 40 websites. from within selected domestic ATBT MegaPOP locations, will not exceed 110% of
the US25 Overall metric. The Keynote Business 40 (KB40) Internet Performance Index measures the
average download time for the home pages of 40 significant US -based business Web Sites. These
measurements are taken by automated agents attached to key points in the Internet backbone in the 25
largest metropolitan areas of the United States.
5) Network Service Credits: If ATBT fails to meet any of the above monthly aggregate network service levels
in a calendar month, Customer shall be entitled to one (1) days credit pro -rated from Customers recurring
monthly charges for the Service for each monthly aggregate service level failed ("Network Service Credit").
In order to receive this Network Service Credit. Customer must request a credit by visiting ATBT's SLA
website at http://dedicated-sbcis-sbc.com/NDWS/sla/credit.ist). All Network Service Credit requests must be
received by AT&T by the last day of the month after the monthly aggregate infraction occurred. Failure to
WMply Vyltn V115 requirementwill forfeit Customers right to receive a Network Service Credit.
6) Customer Service Level: ATBT agrees to meet the following Internetavailability service level:
(a) Internet Service AvailabiW. ATBTs Dedicated InternetAccess Service will be available to Customer
99.95% of the time in a calendar month. "Service Unavailability" exists when Customers Internet
connection is unable to transmit and receive IP Packetsto/from On -Net FbEp. and ATBT records such
failure in the ATBT trouble ticketing system ("Impaired DiA Service"). Service Unavailability is
measured from the time ATBT has actual knowledge of a service outage qr—)d a trouble ticket is
opened, either in response to notification by the Customer or in response to alarms from internal
network management systems, to the time Customers Impaired DIA Service is again able to transmit
and receive IP Packets from ATBT On -Net Hosts.
(b) Internet Service Credits: If ATBT fails to meet the above Internet service availability. then for each
cumulative hour of Service Unavailability, exceeding the initial twenty (20) minutes of unavailability per
month, Customer shall be entitled to one (1) day's credit pro -rated from Customer's recurring monthly
charges for the DIA Port fees, not to exceed a total of fifteen (115) day's pro -rated recurring monthly
service charges for the Service ("Internet Service Credit"). (E.g., Service Unavailabilityof greater than
twenty (20) minutes but less than or equal to an hour shall entitle Customer to one (1) days credit
prorated; Service Unavailability of greater than one (1) hour but less than or equal to two (2) hours
shall entitle Customer to (2) day's credit prorated; etc.). In order to receive an Internet Service Credit,
Customer must timely contact AT&_Fs Dedicated Enhanced Service Center ("DESC") to open a trouble
CONFIDENTIAL INFORMATION
The information contained herein is for use by authorized employees of the partiesheretoonlY and is riot for general
distribufion within or outside their respecdve companies.
DIA-Addendurn- Terms-and-Condillions- Version4.3 07/06/06
Plop 4 of 5
AT&T PremlerSEW� DEDICATED INTERNETACCESS SERVICE
TERMS AND CONDITIONS
for Addendum agreements
ticket and also request an Internet Service Credit. If the DESC determines that the reported Service
Unavailability was ATBTs responsibility, an Internet Service Credit shall be provided in accordance
with this subsection. Failure to comply with this requirement will forfeit Customers right to receive an
Internet Service Credit.
(c) This Service Level Agreement ("SLA!') will not apply to infractions caused by (i) factors outside of
ATBTs reasonable control, including force majeure events, (ii) scheduled network maintenance, (iii)
actions or inactions of Customer or any third parties not under the sole control of ATBT. (iv) problems
caused by COE, (v) problems isolated to the Local Access Transport and packet switching facilities
connecting the ATBT POP to Customers premise; or (vi) transmission errors across the portion of the
Internet which is off -net to ATBT.
7) To provide a means of verifying performance of the service levels specified in this section of the
Addendum, ATBT will use network health monitoring software to validate the data for any calendar month.
8) Customer acknowledges that the warranties contained herein measure ATBT's IP Backbonefrom selected
endpoints and may not represent Customer'sactual IP network experience.
14. USEAND LIMITATIONS
A) ATBT may: (i) reject or refuse to perform any Services that are not in compliance with its applicable
specifications and standards, laws and regulations and/or public interest standards as determined by ATBT; and
(ii) from time to time and without notice, make changes in Services that in its sole judgment will best serve
ATBT's customers. ATBT's partial rejection or refusal of any portion of Serviceswill not release Customerfrom
its obligations with respect to the remaining Services being performed.
B) Customer agrees to comply with the ATBT Acceptable Use Policy (AUP). all policies applicable to ATBT and all
policies applicable to any network that is accessed through ATBT. Violation of any such rules, regulations and
policies, or any attempt to break security or to access an account which does not belong to Customer, shall be
considered a material breach of contract, and ATBT may terminate this Addendum without liability or may
suspend or terminate Service to Customer, or suspend or terminate any user ID, electronic mail address,
universal resource locator or domain name used by Customer. Upon such termination by ATBT. Customer shall
be liable for any applicable charges, including early termination charges as set forth in Section 3 of this
Addendum. If Customers Service is suspended pursuant to this Section, Customer will remain responsible for
charges for the Service incurred during the period of suspension. The AUP can be viewed at:
hfto:/Idedicated.sbcis.sbc.00m/NDWS/sbc policylaw.ist).
C) Nothing contained in this Addendum may be construed to convey to Customer any interest, title. or license in
the user ID, electronic mail address or universal resource locator used by Customer in connection with the
Service.
D) Customer acknowledges and agrees that ATBT has the right to enforce its policies and guidelines pertaining to
Customers use of the Service and may be required to take immediate action to protect the integrity, quality.
reputation andlor availability of the Service.
15. WARRANTY
A) ATBT warrants that for the Term of this Addendum, ATBT will make reasonable efforts to provide continuous.
uninterrupted, expedient and error -free Service to Customer. If, under normal and proper use, the Services fail
to perform substantially as specified above, and Customer notifies AT&T during such Term, AT&T will make
commercially reasonable efforts to correct such Service degradations or failures without charge to Customer.
ATBT's liabilityfor damagesfor interruptionsof Service, or for mistakes, omissions, delays, errors and defects in
the provision of Services, shall in no event exceed an amount equal to thepro rafa chargesto Customer for the
period during which the Services are affected.
13) EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, ATBT HEREBY DISCLAIMS ANY AND ALL
WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND
PERFORMANCE. ATBT MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMERS
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES ATBT MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE. ATBT MAKES NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND CUSTOMER UNDERSTANDS AND AGREES
THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CUSTOMERS OWN RISK.
END OF DOCUMENT
CONFIDENTIAL INWRMA TION
The infbrmationoontained herein is for use byauthorizedemployees of tl-�e parties hereto only and is not fbr general
distributionwithin or outside their respective companies.
01A-Addendum-Teims-and Conditions -Version -4.3 07/06/06
Pam 5 nf 5
RESOLUTION NO. 2007-181
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGERTO APPROVE A
THREE-YEAR CONTRACT WITH ATT FOR
T3 INTERNETSERVICE
WHEREAS, over the years, the City has become widely dependent upon the Internet for
routine communications and day-to-day business activities. The Internet is the electronic backbone
for email, file transfers, document sharing, City -sponsored file -transfer -protocol sites, research, and
City Council Webcasts; and
WHEREAS, for the past ten years, the City has used a 1.5 mega b it -per -second T I Internet
connection. A TI line is a type of broadband telecommunications connection used especially to
connect Internet service providers to the Internet's infrastructure. Most home Digital Subscriber Line
connections are "faster" than the City's T I line. The T1 lines carry about 1.5 megabits of data per
second, while the related T3 lines carry over 40; and
WHEREAS, traffic over the City's network has steadily increased, creating greater strain on
the current Internet connection. Adding to the strain is the size of files being transferred. I n addition,
the City currently hosts its public website, www.lodi-gov. All traffic into this site comes over the T1
line, further impacting the connection; and
WHEREAS, the City's current carrier, ATT, has reduced the price of its broadband T3
connections with bandwidths ranging from 5 to 100 megabits per second (Mbs). Staff is proposing
upgrading the current T1 to a 10 Mbs T3 connection. This will result in an almost seven -fold
increase in throughput. In addition to solving all of the current data contention issues, the upgrade
would also prepare the City for future advancement of its technical infrastructure; and
WHEREAS, the annual cost of a T3 line is $33,048. Offsetting this charge will be $8,220 in
annual savings related to cancellation of the TI line with a net difference of $24,828 annually.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the
City Manager to approve a three-year contract wit ATT for T3 Internet service in the amount of
$33,048 per year from the following accounts:
Police
Fire
PublicWorks
EUD
HSS
Com Dev.
Parks & Rec.
Finance
Dated: September5, 2007
- 101031.7313- ($3,000)
- 102011.7335- ($3,000)
- 125053,$1,000; 103011,170401,
160603.7715 ($3,000)
108403.7202 ($3,000)
340451.7313 ($3,000)
107011.7717 ($3,000)
100505.8099 ($3,000)
180451 ($665 each)
I hereby certify that Resolution No. 2007-181 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held September 5,2007, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and
MayorJohnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS —None/----,,
ABSTAIN: COUNCIL MEMBERS —
RANDI JOHL
City Clerk
2007-181