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Home My WebLink AboutAT&T - JEFF PD 20161208-3860 aW AT&T BUSINESS LOCAL CALLING ILEC Confirmation Of Service Order Provided Pursuant to Standard Service Publication Rates and Terms Customer AT&T CITY OF JEFFERSONVILLE The applicable AT&T ILEC Service-Providing Affiliate Street Address: 500 QUARTERMASTER CT City: JEFFERSONVLLE State/Province: IN Zi Code: 47130-3672 Country: USA Customer Contact for Notices) AT&T Contact for Notices Name: Matt Dyer Name: ROBBIE ERNST Title: IT Director/Systems Admin Street Address: 3120 Wall St, Street Address: City: LEXINGTON State/Province: KY City: Zip Code: 40513 Country: USA State/Province: Telephone: (859)229-9740 Fax: Zip Code: Email: RE215E@ATT.COM Country: usa Sales/Branch Manager: CHRIS PENNINGTON Telephone: 812 280-4744 SCVP Name: DINO PERONE Sales Strata: LGEM Sales Region: MW Fax: With a copy(for Notices)to: Email: mdyer@cltyofjeff.net AT&T Corp. Customer Account Number or Master Account Number, One AT&T Way 8122837356460 Bedminster,NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast atLcom AT&T Solution Provider or Representative Information (if applicable)❑ Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code Customer agrees to purchase the Service identified below in accordance with this Confirmation of Service Order("CSO')subject to the following, which are incorporated by reference:(a)THE TERMS OF THE APPLICABLE STATE TARIFF, IF THE SERVICE IS OFFERED PURSUANT TO TARIFF;OR(b)THE AT&T BUSINESS SERVICES AGREEMENT(BSA)FOUND AT http:llwww.corp.att.com/agreement/ IF THE SERVICE IS NOT OFFERED PURSUANT TO TARIFF. "Service Publication"means a Tariff,Guidebook or Service Guide. The Service is not assignable or otherwise transferable,nor may it be assumed in any manner,unless otherwise required by law or regulation. The terms and conditions provided in this CSO are provided herein for convenience only and do not supersede or modify any applicable Service Publication in any way. In the event a Service Publication term or condition is changed in any way,the following is hereby modified at the same time to reflect that change. The applicable AT&T Service Publication(s)for each state are identified in Attachment A. j The Effective Date of this rSO is the date signed by the last party. AT&T Californiq curre y rovides billi and collections services to third parties,which may place charges that Customer authorizes on its bill. To the extent t at A T lifornia ma s blocking of such charges available,Customer may block third-party charges from its bill at no cost. Customer it a orized re res ntative AT&T b 's authorized representative) Printednnorr T ed Name: a m o o oe_ Printed or Typed Wame: Cheryl Wankowski Title: 1 Title: SR CUSTOMER CONTRACTS Date: ! - . (U Date: 12 Dec 2016 md323b AT&T and Customer Confidential Information [9_12_staIe_l3LC_%_cSo Pae 1 of 5 1 v,09/15/16 2QO4-05-Qb 1b:14 at&t JEFF PD DISPATCH 8122856536 » P 4/b AT&T MA Re~rence No, DCMT~J4385UA ~AAY p 6 AGREEMENT Customer AT$T CI'PY Oi= JEEFERSONViLL6 AT&T Corp, Street Address: 500 QUARTERMASTER COURT City: JEI=FERSQMIILLE State/Pravince: iN Zi Code; Q7130 Country: USA ^ ~~ Customer Contact for notices _ AT&7 Contact for notices ~ ~~ Name: Rodger Hardy Street Address: 2A0 N Meridian, Rm 1111 Title: lT Director City: Indianapolis State/Province; IN Street Address: 500 t~UARTERMASTER COURT Zip Code: 47134 Country: USA City: JEPFERSpNViLLE State/Province: iN Zip Code: 47130 Country: USA With a Copy to: Telephone: 812-28447x4 AT&T Corp. Fax: One AT&T Way Emait: rhardy@ciiyofeff.net Bedminster, NJ p7921-0752 ATTN: Master Ag cement Support Taam Email; mast att. Customer b its authorized -eaentative AT&T b its auth zed re resenta6v $ g Name: "`'~ ,~.f~ Name: Ti l ~ ~`1~ t e: . Title: Date: ^~ _....__ --- -- -. ~~ ~~ Date: Tiiis Agreement between the customer named above ("Customer"} and AT&T :Corp, (",4T&T'), is. effective when signed by bofh prlrties, and continues as long as Services are provided under this Al~reemeni. The terms and conditions of she services and equipment that AT&T provides to Custaner under this Agreement ("Services") are found in this document and the following additional documents: (i)Tariffs, Guidebooks and Service Guides found at att.comiserviCe gi~bGCations; (ii) Pricing Schedules or other attachments now or later attached to this Agreement; and (iii) the Aacepta6le Use Po:icy {"AUP') found at att.corrvauo. AT&T may revise Tariffs, Guidebooks, Service Guides, or the AUP (collectively `Service Publicetions') at any time, and may direct Cusfomer to websites other than fisted above. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs wi!I be first in priority in any jurisdiction where existing la~n~ or regulation does not permit contract terms to take precedence over inconsistent tariff terms. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate Contract will be a separate brat associated contract incorporating the terms of this Agreement. Customer and ATuT will have their respective Affiliates ^.omply with this Agreement, An "Affiliate' of a party is an entity that controls, is controlled by, or is under common cgntrot with such party. Servicc+,s,; AT&T will either provide or arrange to have its Affiliate provide Services to Customer wider this Agreement, subject to availability and operational limitations of systems, facilities and msa_us_ver_i.doc equipment. Where required, an AT&T Affiliate authoriz8d by the 2Ppropriate regut$tory authaflty will tae tfte "service pfovider. Customer may not resell the $ervioes to third parties (excluding Customer's Affrliates} without AT&T's .written consent. Customer will cause Users (anyone who uses ar accesses any Service provided to Customer) to comply with this Agreement.. and Customer is responsible for their use of any Services, unless expressly provided to the contrary in a Service i~ublication. If a Service is provided over or accesses the Internet, Customer, its Affiliates, and Users will comply vri}h the AUP. Customer will in a timely manner allow AT&T to access, or at Customer's expense obtain timely access for AT&T to, properky (other than public property) and equipment reasonably required to provide the Services. Access includes lnformatien and the right to construgt, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer's connection fo ATBT's network. Customer viii furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and ether items required to perform installation of the Services, and obtain any necessary licenses, pem,its and consents (including easements and rights-of-way). Customer will ensure that the tacation at which AT&T installs. maintains or provides Services i5 a suitably and safe vrorking environment, fre® of any substance or material that poses an unreasonable risk to health, safety, or property or whose use. transport, storage, handling, disposal, or release is regulated by any taw related to pollution, protection of air, water, or sail, or Izealth and safety. If ATST encounters any such hazardous materials at a Customer location, ATuT may terminate the MSA UA VER i 07/14/2008 AT&T and Customer Canfidentiat information Page 1 of 3 eGRh,1 Ip _^^~_ _ 2p09-p5-pb 1b:19 JEFF PD DISPATCH 8122856536 » P 5/b af4ected Service, or suspend performance unti{ Customer removes the hazardous materials. ATBT E,q~ripmment: Services may include use of certain equipment owned by AT&T that is located at the address in a Pricing Schedule ("AT&T Equipment"}, but title to the AT&T Equipment will remain with AT&T, Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens end encumbrances, Customer will bear the risk of lass or damage (other than ordinary wear and tear) to AT&T Equipment, Prira_s, .Pricing Schedule Term. and Taxes: Unless a Pricing Schedule states otherwise, the prices listed inin a PrlCing Schedule ors stabilized until the end of the pricing Schedule Tenn. No promotion, credit or waiver set forth in a Service Publication wi8 apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the optipn to Either; (a} cease using the Service (which will require Cusiamer to take all steps required by AT&T to terminate the Service); ar (b) continue using the Service under amonth-to-month service arrangement. Unless a Pricing Schedule states otherwise, during any month-co- month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue un#il changed by AT&T on 30 days' prior notice to Customer. Prices in the Pricing Schedules are exclusive of, and Gustomer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specifed or allowed by any governmental entity rglating to the sale, use or provision of the Services. Billing. Payments. Deposits and MARC: Payment is due 30 days after the invoi;.e date sunless another date is specified in an applicable Tariff or Guidebook) and must rater to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within 8 months after the invoice date, Customer waives the right to dispute the charge (except to the extant applicable law or regulation requires othervise), AT&T may.. charge a late fee for overdue payments' (i) far Services contained in a Tariff or Guidebook, at the rate specified therein; or (ii} for all other Se;vices, at the lower of 4.5°Jo permonth (1$µ/o pQr annum) or the maximum rat$ attpwed by taw; plus (iii) all Costs (including attorney fees) of cdlleCting delinquent or dishonored paymQnts, ATBT may require Customer to establish a deposit as a condition of providing Services. Customer authorizes AT&T #o investigate Customers credit and share information about Customer with credit reporting agencies. if the Pricing Schedule includes a MARC, and Customer's annual MARC-Eligible charges {after deducting discounts and credits (other than outage or 5[A credits} are less Phan the tatARC in any period, Gustomer will tae billed for the shortfall, and payment will be due 30 days after the invoice date. Termination end SusoensiQn: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subJect of a bankruptcy petition, or makes an assignment for the benefit of its creditors. AT&T may terminate or suspend a SErviCe, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately upgn notice If Customer: (i) Commits a fraud upon ATBT; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (ivy abuses or misuses ,4TS~Ts network or Service: ar (v) interferes with another customer's use of ATBT's network or services. Gustomer may terminate an affected Sen~ice for material breach by ATBT, and A.T&T may terminate or suspend (and later terminate) an affected Service for material breach by Customer, if such breach is not cured within 30 days of notice. If Customer lolls to rectify a violation of the AUP within 5 days after receiving notice from AT&T, then AT&T may suspend or terminals the aft~cted Service. ATBT has the right, however, to suspend or tem-rinate the applicable portion of the Service immediately when; (i) AT&T's msa~ua_ver i.doc suspension or termination is in response to multiple ar repeated AUP violations or Complaints; (ii) AT&T is acting in response to a court ardor ar governmental notice that certain wnduci must be stopped; or (iii} AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to aNrnv the vialatior, to continua; (b) that such violation may cause home to or interfere with the integrity or normal operations or secuiity of AT&T's network or networks with which ATE~T is interconnected ar interfere with another customer's use of ATBT Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&Ts customers or their respective employees, Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service tv Customer for a Pricing Schedule Term, and unless applicable Eocal law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Gomponent upon 120 days' notice, but only where AT&T generally withdraws the Service or Service Component for similarly-situated customers, If Customer #erminates a Service prior to the date Custarner's obligation to pay for Services begins, Customer will reimburse AT&T for Grne and materials, including any third party charges. incurred prior to the effective date of termination, Thereafter, if Customer terminates a Servicz for Customer's convenience. nr AT&T terminates a Service for any of the reasons specified in the first paragraph of this Section, Gustomer must pay all applicable termination charges: (i} if termination occurs before the end of the Minimum Payment Period (the minimum period specifed in Pricing Schedules far which Customer is required to pay recurring charges for the Service), Customer must pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring nharges identifiBd in the Pricing Schedule (including, but hot limited ta, any charges related to a failure to satisfy a Minimum Retention Perigtf}, plus. any third-patty_Chsrges incurred by AT&T due to the termination, all of wfiiah will be, if applicable, applietl to Customer's MARC-EEigibie Charges; and {ii} if Customer terminates a Pricing Schedule that has a MARC, Gustomer must pay an amount equal to 50% cf the unsatisfied MARC for th6 balance of the Pricing Schedule Tenn, attar applying amounts received pursuant to (i}. The termination charge set forth in (i} above will hat apply if a terminated S®rvice is replaced with an upgraded Services at the Same lovatlon, but only if (a} the Minimum Payment Period and associated charge for the rsplacemeni Service are equal to ar greater than the Minimum Payment Period and associated charge for the terminated Service, and (b) the upgrade is not restricted in the Service Pubticatinn. In addition, Customer may terminate a Service without incurring termination charges if (a) AT8,7 revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days' notice of termination to ATbT within 9p days of the date of the revision; and (c} AT&T does not remedy tr,a materially adverse impact prior to the effer~ive dale of termination. "Matariaiiy adverse impacts" des not include changes to non-stabilized races, changes required by governmental authority, or changes in additional charges such as surcharges ar taxes. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR ICvtPL1Et7 WARRANTY AND ~ISCL-AIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, ATBT MAKES Alp WARRANTY THAT MSA UA VER f 07l14I~C08 A78T and Customer Confldontial Intprmation Page 2 of 3 eCRM Ip __.... . 2004-05-db 16:20 JEFF PD DISPATCH 8122$56536 ~} P 6/6 TELEPHONE CALLS OR OTHER TRANSMISSIONS WALL BE ROUTED OR COMPLETED WITHOU'C ERROR OR INTERRUPTION (INCLUDING 9t1 CALLS), OR WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT ATRT'S SECURITY PROCEDtiRES 4ViLL PREVENT THiw LOSS OR ALTERATION OF OR IMPROPER ACCESS ra CUSTOMER'S DATA, OR THAT SERVICES WILL QE UNINTERRUPTEb OR ERROR-FREE. AT&T WILL NflT 8E LIABLE FOR ANY DAMAGES RELATING T0: INTEROPERr1BlLIlY, ACCESS TO OR INTERCONNECTIQN OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTEt~RUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FbRTH HEREIN); ANY INTERRUPTCON OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 811 CALLS}; LOST OR ALT(;REp TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMEl~'S OR OTHERS' APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS Limitation _ of Liability; AT&T`S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEpY, FOR DAMAGES ARISING OUT OF MISTAKfiS, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL SN NO EVENT EXCEED TWE APPLICA6LE CREDITS SPECIFIED IN THE SERVICE PU6LIGATIpN, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT E4UIVALENT 70 TyE PROPORTIONATE CHARGE TO CUSTOMER F'OR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, iNTERRUPTIQN, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT A?PLY TO: (Ij 60DILY_ INJURY, .DEATH; OR DAMAGE TO REAL OR TANGIBL€ PROPERTY DIRECTLY CAUSED BY AT8~T'S NEGLIGENCE; dR (tlj SETTLEMENT, DEFENSE flR PAYMENT OBL1rATiONS UNL1trR THE "THIRD PARTY CI:AfMS" PARAGRAPH. NEITHER-PARTY WIiL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTRNCES FDR RNY INDIRECT, INCIDENTAL, CpNSEQUENTfAL, PUNITIVE, OR SPECIAL DAMAGES. These disclaimers and limitatinns of liability will apply regardless of the form of action, whether in contract, tart, strict liability or otherwise and whether damages were foreseeable. These discaimerS and limitations of liability will survive failure bf any exclusive remedies prnvided in this Agreement. Third Party,~laims: AT&T agrees at ita expense !o defend or settle any claim against Customer, its Affiliates, and its and their emproyees and directors, and to pay all compensatory damages finally awarded against such parties where the ctairn alleges that a Servien infringes any patent, trademark, copyright, or trade secrat, except where the aaim arises out of: (i) Customer's or a User's content; (ii) modifications to the Service by Customer or third parties, or combinations of the Service with any services ar products not provided by AT&T; (iii) ATc~T's adherence to Customer's vnittan requirements; or (iv} use of the Service in violation of Phis Agreement. AT&T may at its option either procure the right for Customer to continue using, ar may replace or rrx~dlfy, the alleged infringing Service so that the Service becomes non- infringing, or tailing that to terminate the Service without further liability to Customer. Customer agrees ai its expense to defend or settle any claim against AT&T, its Affiliat®s, and its and their e,nployees, directors. subcontractors, and suppliers, and to pay elf nampensatory msa~,ua_ver i.doc damages finally awarded against such partial where: (i} the claim alleges that a Service infringes any patent. trademark, copyright or trade secrat, and falls within the exceptions under (i}-{iv} above; or (ii) the clakm al4a3es a breach by Gustcrner, its Affiliates, or Users of a software lipense agreement governing software provided with the Services. ImportJExnort Control: Gustomer, not AT&T, is responsible for complying with import and export control laws, conventions and regulations for alt equipment, software, or technical information Customer moves or transmits between countries using the Services. ARBITRATION: ALL GLAINIS OR DISPUTES ARISING FROM THIS AGREEMENT SHALL t3E SET'T'LED BY BINDING ARBITfdP,T10N ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE RECIUIREtviENT5 OF THE FEDERAL ARBITRATION ACT} AND ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY C~JUR7 HAVING JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; tF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID. General Provisions: This Agreement and any pricing or other proposals are confidential to Gustomer and Al"&T. NEither part)' may publicly disclose any confidential information without the prior written consent of the other, unless authorized by applicable law, regulation or court Hider. Until directed otherwise by Customer in writing, if AT&T designate a dedicated account representative as Custotnel's primary contact with ATBT, Customer authorizes tnai representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need fqr further authentication Or authorization. This Agrc-ement may not be assigryed by either party without the prior written consent of the Other party, which consent will not be unreasonably withheld or delayed. AT&T may: (ij assign in whole -vr relevant-part its ~ghts and otriigaticns under this Agreement to an Afflliake, er (ri) subcontract work to lie parfarmed under this Agreement; but ATBT will in each such case remain financially responsible for the perfiormano2 of such obligations- Any claim ar dispute arising ouf of ±his Agr=ement must be flied within two ysars after the cause of action arszs. This Agreement does not provide any thirct party {indt:ding Users} any remedy, claim. liability, cause of action or other right or privilege. Regulated Services will be governed by ttre law and regulations applied by the regulatory commission having jurisdiction over the Services. Otherwise, this Agreement will be governed py the law and regulations of the State set forth above for Customer's address, wilhovi regard to its Con"iCt Of law principles. This Agreement is limited tc Services to be provided in the United States. The United Nations Convention on Contracts fvr International Sale of Goods will not apply, Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss ar damage due to causes beyond such party's reasonable control, Any notice required ar permitted under this Agreement must Ire in venting and addressed to the parties at the address set forth above. This Agraament constitutes the entire agreement berueen the parties concerning the Services provided under this Agreement and supersedes aN other written or oral agreements. This Agreement will not bF modified or supplemented by any written or oral statements, proposals, service descriptions, or purchase order forms. MSA UA VER I 07114!2008 AT&T and Gustrxner Confidential Information Pagv 3 of 3 eCRM ID