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Public Safety Committee Meeting Committee Room- 11/24/2008- 12:20 PM
PUBLIC SAFETY
1. Approve the selection of Adcap Network Systems, Inc. for Request For
Proposal (RFP) #08-162A, Cisco Certified Vendor.
Attachments
2. Approve the selection of Gibson Technical Services for Request For
Proposal (RFP) #08-130A, Wireless Internet Services.
Attachments
3. Approve a Memorandum of Understanding (MOU) between ATG
Communications, LLC and The City of Augusta.
Attachments
Public Safety Committee Meeting
11/24/2008 12:20 PM
Award Cisco Certified Vendor RFP #08-162A
Department:Information Technology
Caption:Approve the selection of Adcap Network Systems, Inc. for Request For
Proposal (RFP) #08-162A, Cisco Certified Vendor.
Background:The Information Technology Department utilizes a Cisco Certified Vendor
for the acquisition of Cisco hardware, software, Smartnet contracts, and
engineering. To ensure that Augusta is receiving the best support possible in
the area of price quoting, engineering services and Cisco Smartnet contract
renewal, Information Technology produced RFP # 08-162A. Utilization of a
Cisco Certified vendor allows Augusta to receive multiple benefits
regarding equipment warranty, technical support and contract management.
Analysis:Information Technology is recommending Adcap Network Systems, Inc.,
6525 Shiloh Road, Alpharetta, Georgia 30005 for CISCO hardware,
software, engineering service, and Smartnet contracts. This recommendation
is a result of an analysis of all proposals received in response to RFP #08-
162A, Cisco Certified Vendor. Adcap Network Systems, Inc. is the lowest
and best bidder.
Financial Impact:By choosing Adcap Network Systems, Inc. as the Cisco partner for Augusta,
we will be buying Cisco hardware and software at a better price point than
we are currently receiving and expect to also receive better engineering
services and customer support. The overall financial impact will be a
reduced cost in hardware and software purchases compared to current
acquisitions. Augusta currently receives 30% off of list price. If approved,
the result of awarding this contract to Adcap Network Systems, Inc. will
result in Augusta receiving 42.7% off of list.
Alternatives:Augusta can continue with our current partner or use another state contract
approved Cisco partner and continue buying off of the State of Georgia
Cisco contract price list. This would result in a loss of 12.7% in savings.
Recommendation:Award RFP 08-162A to Adcap Network Systems, Inc., 6525 Shiloh Road,
Alpharetta, Georgia 30005
Funds are Available in
the Following
Accounts:
N/A
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REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
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Public Safety Committee Meeting
11/24/2008 12:20 PM
Award RFP #08-130A, Wireless Internet Services.
Department:Information Technology
Caption:Approve the selection of Gibson Technical Services for Request For
Proposal (RFP) #08-130A, Wireless Internet Services.
Background:Information Technology completed a grant application to The Georgia
Technology Authority (GTA). Through this application, Augusta has
received $562,500 from Governor Sonny Perdue’s Wireless Communities
Georgia Program (WCG). This funding will be used to install a four (4)
square mile network in the downtown area. Information Technology has
produced RFP #08-130A, Wireless Internet Services in an effort to locate
the most qualified company to operate the proposed network.
Analysis:The selection of a qualified company to operate the network is essential to
the successful deployment and long term sustainability of this project.
Network utilization and take rate projections are difficult to forecast
accurately. The wireless industry is a volatile market and has many risks
associated with it. Information Technology has analyzed every conceivable
risk and we feel that this project can be implemented successfully. However,
there are no definable statistics or market analysis data available to prove
this opinion conclusively. A selection committee was formed to evaluate
responses to RFP #08-130A, Wireless Internet Services. The committee had
representation from Information Technology and The Procurement
Department. The committee received bids from two (2) companies. The
selection committee unanimously agreed that Gibson Technical Services
was the lowest and best qualified bidder.
Financial Impact:In November of 2006, the Augusta-Richmond County Commission
approved the acceptance of funding in the amount of $562,500 from WCG
along with Augusta’s required match in the amount of $281,250. Matching
funds for the network deployment are available in Information Technology’s
approved budget.
Alternatives:Return the remaining funds to the Wireless Communities Georgia program
and not proceed with network deployment.
Recommendation:Approve the selection of Gibson Technical Services for Request For
Proposal (RFP) #08-130A, Wireless Internet Services.
Funds are Available in
the Following
Accounts:
2200154115211110
Cover Memo
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REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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City of Augusta, Georgia
Wireless Internet Service Provider (WISP)
Agreement
This WISP Agreement (“Agreement”) is made and entered into as of ________, 2008 (the
“Effective Date”) by and between “Name of ISP”., a NAME of STATE corporation, dba NAME
OF ISP (““Name of ISP””) and the City of Augusta, Georgia, a municipality of the State of
Georgia (“Augusta”).”Name of ISP” and Augusta are individually and collectively referred to
herein respectively as “Party” or “Parties.”
RECITALS
WHEREAS, Augusta was awarded a grant by the State of Georgia to build a wireless network
within the boundaries of the City;
WHEREAS, “Name of ISP” desires to offer wireless internet access services to subscribers and
other retail service providers;
WHEREAS, Augusta owns or otherwise has rights to resell access to a wireless broadband
network in the City of Augusta;
WHEREAS, “Name of ISP” would like to purchase WISP access pursuant to the terms and
conditions of this Agreement for the purpose of reselling retail and wholesale access to Augusta
subscribers and other retail service providers; and
WHEREAS, Augusta and “Name of ISP” desire to cooperate to allow Augusta subscribers to
access and use the Network pursuant to the terms and conditions set forth in this Agreement.
Now, therefore, in consideration of the mutual covenants hereinafter set forth, the receipt and
sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby
covenant and agree as follows:
1. DEFINITIONS.
As used in this Agreement, and in addition to any other terms defined in this Agreement, the terms
set forth in Exhibit A shall have the meanings set forth therein.
2. PRODUCTS.
(a) Products. During the Term and subject to the terms and conditions of this Agreement, “Name
of ISP” shall be permitted access to the Network by Augusta and shall be responsible for the
marketing and sale of retail and wholesale access to such Network for the WISP Products set forth
on Exhibit B as such offerings are updated from time to time by “Name of ISP” in Augusta.
“Name of ISP” may market, promote and sell retail and wholesale access to the Network
directly or through its standard distribution channels for other subscription products. “Name
of ISP” will notify Augusta if “Name of ISP” changes the WISP Products available for purchase in
Augusta. Before any new or modified products or fees may be imposed on subscribers, “Name of
ISP” must notify Augusta in writing at least 10 business days in advance of the proposed changes.
The City reserves the right to prohibit any product or service offering that conflicts with the stated
public purpose of the Network, which is to promote economic development, enhance educational
opportunities and achieve government efficiencies and productivity. Exhibit B shall be amended to
reflect the WISP Products as they are made available by “Name of ISP” for the Network from time
to time.
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3. OBLIGATIONS OF THE PARTIES.
3.1 General. “Name of ISP” will be responsible for the following services:
• POP (Point of Presence) connectivity
• 24x7 Access Control Monitoring
• Customer acquisition services including marketing
• Bandwidth provisioning for public Internet traffic
• Customer provisioning
• 7/24/365 Customer Care including Tier 1, Tier 2 and Tier 3 support (Exhibit G)
• The maintenance necessary for all network equipment.
• Security
• Firmware/software upgrades of “Name of ISP” provided equipment
• Billing
• Training for the general public and City employees
• System testing with the City’s network engineers
• Other services as described in the Proposal for ISP Services from “NAME OF ISP”
(Exhibit H)
3.2 Network Operation. “Name of ISP” will operate the network in accordance with the Open
Service Provider Network (OSPN) model which is defined as:
• Fair and Equal Access: The network will be open to multiple Service Providers (SPs)
and Content Providers (CPs) on a fair and equal basis to deliver services and content to
end users (subscribers) on a retail basis.
• Wholesale Access: SPs and CPs may acquire wholesale bandwidth or peering access to
the network to support innovative content or applications.
• No Blocking: The network will not exclude access to any Internet content or block
any network ports, except when required to deal with network security incidents.
• Customer Support: SPs and CPs will be responsible for providing Tier 1, 2 and 3
customer service and technical support, subscriber billing and other similar services for
their own customers. SPs and CPs may contract with the “Name of ISP” or other third
party for these services.
3.3 Serviceability.
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Augusta will maintain information regarding service coverage areas and coverage levels for the
Network subject to this Agreement ("Serviceability Information") in an electronic format
determined by Augusta.
(a) From time to time, Augusta will provide a method for “Name of ISP” to access
the Serviceability Information, which may include a Web portal or an electronic application
program interface ("API") as determined by Augusta. If Augusta provides Serviceability
Information pursuant to a database or other program, Augusta will provide technical guidelines
to “Name of ISP” for the API to access the Augusta designated serviceability database for the
Augusta Wireless Network. If “Name of ISP” seeks the Serviceability Information from such
Augusta database made available by Augusta, Augusta will implement and maintain the
necessary processes to access such Serviceability Information as required.
(b) As “Name of ISP” expands the Network, “Name of ISP” shall provide services and
product offerings to the expanded service coverage area within thirty (30) days of the
completion of the Network expansion.
3.4 Network Management. “Name of ISP” will manage, operate and maintain the Network.
“Name of ISP” will authenticate any “Name of ISP” Subscriber access and promptly reporting to
Augusta any serviceability.
(a) Network Monitoring. “Name of ISP” will be responsible for the monitoring of the
Network and will provide Augusta” with information related to outages or service
problems. “Name of ISP”’s Network Operations Center (“NOC”) representatives are
authorized to access outage and service problem information (“Network Service
Information”). “Name of ISP” is not permitted to allow any other “Name of ISP”
representatives or “Name of ISP” Subscribers to access the Network Service Information
System without the express written permission of Augusta.
(b) Unauthorized Access. “Name of ISP” will implement procedures to prevent
unauthorized access, network abuse and fraud and will report all unauthorized access or
use of the Network of which “Name of ISP” is aware or any abusive “Name of ISP”
Subscriber access information to Augusta promptly.
3.5 Authentication of “Name of ISP” Subscribers.
“Name of ISP” is responsible for the implementation of its own RADIUS system and
authenticating each “Name of ISP” Subscriber before the “Name of ISP” Subscriber is allowed
access to the Network. “Name of ISP” will allow Augusta to access and hereby grants Augusta
the right and license to access the “Name of ISP” RADIUS database by queries as part of the
routine use of the Network by Subscribers (or such other “Name of ISP” Subscriber database
mutually agreed upon in writing by the Parties from time to time). “Name of ISP” is responsible
for updating and maintaining current and accurate “Name of ISP” Subscriber information in the
applicable “Name of ISP” system. Augusta may rely upon any information in the “Name of ISP”
Subscriber database query responses. “Name of ISP” will be responsible to pay all fees associated
with “Name of ISP” Subscriber usage of the Network for any “Name of ISP” Subscriber
authenticated through “Name of ISP” to access the Network. “Name of ISP” will register the
domain pursuant to Augusta’s standard policy for WISP providers. Augusta will notify “Name of
ISP” in writing of any changes in requirements to the login name format. Augusta may request a
record of every login name that “Name of ISP” authenticates and authorizes to access and use the
Network, including time and duration of access.
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3.6 Performance Requirements.
“Name of ISP” and its contractor or subcontractor will ensure that the Network meets the
following performance requirements at respective customer sites within the Service Coverage
Area. These performance requirements will be verified during the prequalification process by
“Name of ISP”.
No less than:
• -87 dBm to a CPE, 200mw, 9dBi Omni Antenna within an exterior room
• 3.1 Mbps throughput from the gateway to the last node
No more than:
• 3% packet loss from gateway to the last node
3.7 Contact Person.
Each Party will assign a contact person to coordinate the Parties’ respective activities
contemplated by this Agreement. If a Party changes the person assigned as the contact person, such
Party shall notify the other Party in writing of the name and contact information of such new
contact person. Contact persons will be accessible during the applicable Party’s standard business
hours Monday through Friday. Emergency support or Network service issues occurring outside
the standard business hours of each Party will be resolved between the NOCs of each Party.
3.8 Customer Premises Equipment (“CPE”).
To minimize service problems and ensure the highest quality connection, Augusta requires each
“Name of ISP” Subscriber use Customer Premises Equipment (CPE) to access the Network.
“Name of ISP” will support and offer only the “Name of ISP” approved CPE devices, including,
without limitation, “Name of ISP” Subscriber calls. Augusta is not responsible for
troubleshooting problems with any CPE. “Name of ISP” will be solely responsible for all such
purchases and Augusta will not be a party to any such transaction.
3.9 Customer Support.
“Name of ISP” will provide Tier 1, 2 and Tier 3 customer service and technical support for all
“Name of ISP” Subscribers, including without limitation all technical support of all non-Augusta
provided equipment, software and systems. “Name of ISP” will be solely responsible for any
credits, refunds or charge backs related to the “Name of ISP” Subscribers and any such amounts
will decrease the amounts “Name of ISP” owes or is obligated to pay Augusta.
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3.10 Electronic Access to Billing Reports Information.
“Name of ISP” will make available to Augusta a system that enables Augusta administrators to
access information in support of reconciliation efforts and other reports. Reports in such system
may not reflect adjustments stated on final invoices. “Name of ISP” will deliver such information
in the manner preferred by Augusta.
3.11 “Name of ISP” Systems and Integration.
“Name of ISP” is solely responsible to obtain rights to all databases and computer systems required
by “Name of ISP” to manage and maintain the relationship with “Name of ISP” Subscribers, to
grant Augusta access to the “Name of ISP” Subscriber Databases for authentication purposes only
and to integrate into designated Augusta Systems. Augusta will provide “Name of ISP” with
technical specifications and other guidelines to enable the “Name of ISP” to integrate with the
designated Augusta Systems. Augusta reserves the right to enhance or change the Augusta Systems
from time to time that may impact “Name of ISP” integration obligations. Unless mutually agreed
upon in writing by Augusta and “Name of ISP”, “Name of ISP” is solely responsible to maintain
and support appropriate levels of “Name of ISP” integration with the Augusta Systems.
The initial “Name of ISP” Subscriber Database will be the RADIUS database. “Name of ISP” is
responsible to enable Augusta’s electronic access to the “Name of ISP” Subscriber Database with
Augusta’s system for use in the authentication. “Name of ISP” will provide updates to this “Name
of ISP” Subscriber data on a daily basis or as otherwise mutually agreed upon, including additions
and changes of login names, product changes, and account terminations. Augusta will not be
responsible for the failure to authenticate any “Name of ISP” Subscriber due to the inaccuracy or
incompleteness of the “Name of ISP” Subscriber database.
3.12 Compliance with Laws.
Each Party will comply with all applicable federal, state and local laws and regulations in
performance of its obligations and exercise of its rights and benefits related to this Agreement;
specifically including the Fair Labor Standards Act and the Equal Employment Opportunity
Act. “Name of ISP” agrees to include this same provision within its agreements with any
contractors or subcontractors.
3.13 Login Information.
All login tracking, terminating and authentication will be the responsibility of “Name of ISP”
4. MARKETING AND REGISTRATION OF SUBSCRIBERS.
4.1. “Name of ISP” Subscriber Registration Generally.
“Name of ISP” will use commercially reasonable efforts to create, market, and promote “Name of
ISP”’s products and services provided using the Network. “Name of ISP” will have the
responsibility for the registration of “Name of ISP” Subscribers. “Name of ISP” shall comply with
the current Augusta Service Agreement and Acceptable Use Policy governing access by
Subscribers to the Network in which “Name of ISP” is authorized to access and use a Network
(“Subscriber Agreements”). “Name of ISP” will pass along to “Name of ISP”
Subscribers all applicable provisions from the applicable Subscriber Agreements and will enforce
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such provisions against each “Name of ISP” Subscriber. Augusta, in its sole discretion, reserves
the right to reject any potential “Name of ISP” Subscriber not legally bound to the terms of such
Subscriber Agreement. “Name of ISP” will enforce such terms and conditions and the terms and
conditions of the then current Subscriber Agreements with each “Name of ISP” Subscriber and
will notify Augusta of any suspected or known violation of the Subscriber Agreements. Augusta
reserves the right to terminate access to or use of the Network by any “Name of ISP” Subscriber
for violation of the applicable Subscriber Agreement.
4.2. “Name of ISP” Subscriber.
Personally identifying information of any “Name of ISP” Subscriber obtained by “Name of ISP”
and provided to Augusta will be deemed “Name of ISP” Confidential Information, provided
Augusta may disclose any information regarding a “Name of ISP” Subscriber pursuant to any legal
requirement or operation of law, provided Augusta must, to the extent it is not prohibited from
doing so by any law or regulation, first advise “Name of ISP” of its intent to disclose and give
“Name of ISP” a reasonable opportunity to address such disclosure. “Name of ISP” will only
provide the information for each “Name of ISP” Subscriber that Augusta requires for
authentication and billing pursuant to this Agreement and “Name of ISP” will not make available
any “Name of ISP” Subscriber information not so required by Augusta.
4.3. Augusta Marketing Support.
Augusta will coordinate efforts with “Name of ISP” to use commercially reasonable efforts to
create, market, and promote Network-provided products and services. Such efforts may include
such measures as door hangers, tax bill inserts, city publications, city web portals, etc. to provide
information to potential network subscribers. “Name of ISP” will provide marketing “copy” for
Augusta to utilize in its efforts to promote the network. Augusta will be responsible for costs
associated with the promotion of the Network within Augusta’s own marketing publications
and other public information vehicles.
4.4. Branding.
“Name of ISP” shall brand all “Name of ISP” offerings related to the Network under a brand
chosen by “Name of ISP”. “Name of ISP” will determine and support its own sales and marketing
efforts related to the Network. “Name of ISP” represents and warrants it has all rights necessary
to use any of the brands or Marks used by “Name of ISP”. “Name of ISP” shall be responsible for
all the marketing, promotion, offer or sale of the “Name of ISP”’s offerings using the Network in
Augusta and all related costs for its own marketing efforts.
4.5. Trademark License.
Each Party hereby grants to the other Party, subject to the terms of this Agreement, a limited, non-
exclusive, non-transferable, non-sub licensable license to use the Party’s Marks for the purposes
contemplated by this Agreement. “Name of ISP” requires that each use of its Marks or the
Marks of its licensors be in accordance with the identifiers listed in the attached Exhibit E and as
authorized by “Name of ISP” from time to time. Augusta requires that each use of its Marks be in
accordance with the identifiers in the attached Exhibit F and as authorized by Augusta in writing
from time to time. Title to and ownership of the respective owner’s Marks shall remain with the
owner.
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The license granted by the Mark holder does not include any ownership interest in its Mark or
Intellectual Property Rights and does not include the right to modify or alter in any way such
Mark. The licensee of any Marks hereunder shall not take any action inconsistent with the
owner’s ownership of the Marks and any benefits and goodwill accruing from use of such
Marks shall automatically vest in the owner. If a Mark holder reasonably believes that any of
its Marks are in jeopardy (in terms of reputation, validity or enforceability) due to use by the other
party, such Mark holder shall have the right to terminate any right granted to such other party to
use its Marks. Each party, as the owner of its Marks, shall have the right to control the nature and
quality of any goods and services offered or sold under the owner's Marks by the other party.
Each party, as a licensee, agrees to allow the other party, as the Mark holder, to reasonably inspect
and audit the licensee's use of such owner's Mark for compliance with the terms of this Agreement
and otherwise in the exercise of such control as described in the preceding sentence.
5. FEES AND PAYMENT.
5.1. Fees.
“Name of ISP” will pay Augusta the fees as set forth on Exhibit D. If “Name of ISP” disputes in
good faith any invoiced amounts, “Name of ISP” may notify Augusta in writing detailing the basis
for such dispute so long as such notice is delivered within ninety days of receipt of the invoice.
“Name of ISP” will pay any undisputed amounts within thirty (30) days of the date of the invoice.
“Name of ISP” will pay interest on all unpaid past due amounts at a rate of one and one-half
percent per month until such amounts are paid in full. To the extent objections to any invoices are
not raised within twelve (12) months from the date such invoice is issued, such objections are
hereby waived.
5.2. Taxes/Regulatory Assessments.
“Name of ISP” will tender to Augusta all relevant federal, state and/or local resale tax and
regulatory exemption certificate(s) or statement(s) (including but not limited to resale certificates)
covering all wireless internet access service and CPE fulfillment service(s) (including any sales of
CPE or related hardware or other materials to “Name of ISP” made pursuant to the provision of
wireless internet access or CPE fulfillment service) purchases made pursuant to any definitive
agreement. Where “Name of ISP” fails to tender such certificate(s) to Augusta or the validity of
such certificate(s) is challenged by a taxing or regulatory authority, “Name of ISP” will, subject to
the notice and control requirements set forth in 10.3, indemnify, defend and hold Augusta harmless
from any liability arising from “Name of ISP”’s failure to collect or report sales, use, gross receipt,
public utility, or any other transaction based tax or regulatory assessment on its retail sales or other
uses (as such term is defined under federal, state or local law) of the services purchased from
Augusta pursuant to this Agreement.
5.3. Billing Reports.
“Name of ISP” shall provide Augusta a detailed report showing total number of subscribers and
total revenue for those subscribers for the previous month within the first 10 days of the current
month. “Name of ISP” shall use such report to determine and tender the monthly payment due to
Augusta based on the agreed upon terms of the revenue share of the “Name of ISP” Subscribers
who accessed the Network in the previous calendar month and other fees, if any, as described in
Exhibit D Notwithstanding the foregoing, no report shall be issued when there is no underlying
activity to report. All reports will be provided in a format and design determined by Augusta.
Augusta will be entitled to charge “Name of ISP” for any custom reports or modifications to the
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reporting format reasonably requested by “Name of ISP”. Billing for “simultaneous usage” shall be
made available in a machine readable version in a mutually agreed upon format.
6. OWNERSHIP.
6.1. License.
To the extent “Name of ISP” has access to any Augusta Systems for which “Name of ISP” is not
required to obtain a license from a third party, “Name of ISP” is hereby granted a non-exclusive,
limited right and license to access and use such Augusta System solely for purposes of
exchanging the appropriate information with Augusta as mutually agreed upon with Augusta in
writing from time to time to service “Name of ISP”’s Subscribers. In no event will “Name of ISP”
allow any third party to access or use the Augusta Systems except as authorized in writing by
Augusta.
6.2. Content License.
To the extent one Party (the “Providing Party”) is providing to the other Party (the “Receiving
Party”) Content for use on the websites, portal or marketing materials of the Receiving Party, the
Providing Party hereby grants to the Receiving Party a non-exclusive license to use, reproduce,
distribute, publicly perform, publicly display and digitally perform such Content for the sole
purposes for which the Content was provided. Any other use of such Content without the express
written consent of the Providing Party is prohibited.
6.3. Reservation of Rights.
“Name of ISP” will not decompile, reverse engineer or disassemble any Augusta System or portion
thereof. “Name of ISP” will not copy or modify any Augusta System other than to obtain the data
authorized in writing by Augusta to be copied by “Name of ISP”. Except as expressly granted
herein, nothing in this Agreement shall be construed to constitute a grant by either Party of a
license or of any rights whatsoever to any of the other Party’s or its third party licensor’s Content
or Intellectual Property Rights, which are and shall remain the exclusive property of the respective
Parties.
7. CONFIDENTIALITY.
7.1 Generally.
Each Party acknowledges that Confidential Information may be disclosed to the other Party during
the course of this Agreement. Each Party agrees that it shall take reason able steps, which shall
include, at a minimum, the steps it takes to protect its own Confidential Information, but no less
than reasonable care, to prevent the disclosure of Confidential Information, other than by or to its
employees or contractors who have a need to know the Confidential Information to perform such
Party’s obligations hereunder. If the receiving Party is obligated to disclose Confidential
Information provided by the other Party pursuant to a requirement of a governmental agency or by
operation of law, specifically including the Georgia Open Records Act, O.C.G.A. §50-18-70, et
seq., the receiving Party will notify the disclosing Party prior to disclosure in order to provide the
disclosing Party an opportunity to seek an appropriate protective order and/or waive compliance
with the terms of this Agreement, provided the receiving Party shall not be prohibited from
disclosing the information if so required to comply with any legal requirement or law, but in
doing so will take reasonable steps to preserve the confidentiality of the information needing to be
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disclosed and will take reasonable steps to limit the disclosure to only that information that must be
disclosed.
Each Party acknowledges and agrees that, in the event Augusta is required to produce information
considered to be Confidential Information by “Name of ISP”, Augusta will be governed by the
standards set forth in the applicable statute, regulation or ruling, rather than by “Name of ISP”’
characterization of the information as confidential, proprietary, or trade secret. Each Party
acknowledges that monetary damages may not be sufficient remedy for unauthorized disclosure or
unauthorized use of Confidential Information and that each Party may seek without waiving any
other rights or remedies, such injunctive or equitable relief as may be deemed proper by a court of
competent jurisdiction. Each Party shall protect the other Party’s Confidential Information during
the Term of this Agreement and for three (3) years after the termination or expiration of this
Agreement. At the expiration or termination of this Agreement, “Name of ISP” shall provide
Augusta with a specific listing of all information it considers to constitute Confidential Information
and that it desires to be kept confidential for the three (3) year period. Failure to provide such
listing shall relieve Augusta of its obligation to protect “Name of ISP”’ Confidential Information
subsequent to the expiration or termination of the Agreement. Upon the request of the disclosing
Party, the receiving Party will return or destroy and certify in writing the destruction of all copies
of the Confidential Information provided by the other Party.
7.2 Consumer Data.
“Name of ISP” shall at all times protect the confidentiality and security of Consumer Data in
compliance with the Requirements and shall cause any of its contractors with access to the
Consumer Data to be legally obligated to protect the confidentiality and security of Consumer Data
in compliance with the Requirements. “Name of ISP” acknowledges and agrees that Consumer
Data may only be used (i) to the extent necessary to verify, store, process or transmit Consumer
Data to Augusta to establish user names, e-mail addresses, log-ins and passwords for Subscribers,
create Subscriber accounts, and in connection with bank and payment card transactions, (ii) for
fraud control, (iii) as specifically agreed to by t he Subscriber and the Subscriber’s applicable bank
or payment card company, or (iv) as required by applicable law.
In the event of a breach or intrusion of or otherwise unauthorized access to Consumer Data stored
at or for “Name of ISP”, “Name of ISP” shall immediately notify Augusta and the applicable bank
or payment card company, in the manner required in the Requirements, and provide Augusta and
the applicable bank or payment card company and their respective designees access to “Name of
ISP”’s facilities and all pertinent records to conduct a review of “Name of ISP”’s compliance with
the Requirements. “Name of ISP” shall fully cooperate with any review of their facilities and
records provided for in this subsection. “Name of ISP” shall maintain appropriate business
continuity procedures and systems to ensure security of Consumer Data in the event of a
disruption, disaster or failure of “Name of ISP”’s data systems. “Name of ISP” and its successors
and assigns shall comply with the Requirements after termination or expiration of the Network
Agreement.
“Name of ISP” shall require all of its contractors to be responsible and accountable for the
security and confidentiality of all Consumer Data in their possession and not to deliver any
Consumer Data to any third party. “Name of ISP” shall be responsible for any failure of security
or confidentiality of the Consumer Data by its contractors or any other third parties to which
“Name of ISP” permits access to the Consumer Data. “Name of ISP” shall not grant any of its
contractor access to Consumer Data, except as required to provide services ordered by “Name of
ISP”.
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“Name of ISP” shall not allow any other party to collect, process, receive, or use the Consumer
Data for “Name of ISP” except for Qualified Contractors (defined below) of “Name of ISP”.
“Name of ISP” hereby indemnifies and agrees to hold Augusta harmless from and against any and
all damages, costs, liabilities and claims relating to the Consumer Data that arise from: (i) the acts
or omissions of “Name of ISP” or any of its contractors or subcontractors, or (ii) the violations of
the provisions of this Section by “Name of ISP” or its contractors or subcontractors, or (iii) the
unauthorized disclosure of Consumer Data by “Name of ISP” or its contractors or
subcontractors, or (iv) the unauthorized disclosure or use of Consumer Data by any other party
receiving Consumer Data from “Name of ISP” or its contractors or subcontractors.
8. WARRANTIES.
8.1. By “Name of ISP”.
“Name of ISP” represents and warrants that “Name of ISP” will not make any representation,
warranty or guarantee regarding the Network unless provided in writing by Augusta.
8.2. Disclaimer.
Except as may be specifically provided in any service level agreement referred to in section 9
below, Augusta does not warrant any network bandwidth or speeds. The parties acknowledge
and agree that the network data speeds are dependant on a number of factors, including
without limitation the distance of the “Name of ISP” subscriber from the network equipment,
CPE used by a “Name of ISP” subscriber and other variables. In no event will Augusta or its
suppliers be liable to any “Name of ISP” subscriber or any third party for any claims arising out of
or related to “Name of ISP’ business or its relationship with “Name of ISP” subscribers. Augusta
does not make, and hereby specifically disclaims, any representations or warranties
regarding the network, the Augusta web site, the Augusta web portals, or Augusta services relating
to this agreement, including any implied warranty of merchantability or fitness for a particular
purpose and implied warranties arising from course of dealing or course of performance.
Notwithstanding anything to the contrary in this agreement, Augusta disclaims all
warranties with regard to “Name of ISP” access to or use of any third party services, products
or marks provided in connection with the network.
9. SERVICE LEVELS.
Augusta will make available to “Name of ISP” any service level agreement for the Network
Augusta offers to “Name of ISP”’ for the Network.
10. INDEMNIFICATION.
10.1. Indemnification by Augusta.
Augusta agrees to defend, indemnify and hold “Name of ISP” and the officers, directors, agents,
affiliates, distributors, franchisees (if any) and employees of “Name of ISP” harmless from and
against any and all third party claims, proceedings, damages, actions, liabilities, expenses, or costs,
including reasonable attorneys’ fees, arising out of any claim, demand, action, suit, investigation,
arbitration or other proceeding by a third party to the extent (i) caused by any claim that any Mark
or Content provided by Augusta infringes the Intellectual Property Rights of any third party, or (ii)
related to any claim the Network as provided by Augusta infringes the proprietary rights of a third
party (“Claim” or “Claims”); provided that Augusta will have no obligation or liability with
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respect to any Claim based upon (I) any WISP Data Access Product or portion of the Network
which has been altered at the request of “Name of ISP”; (II) any “Name of ISP” Content or “Name
of ISP” Marks; (III) the combination, operation or use of the Network or any WISP Data Access
Product, or any portion or component thereof, with products or services not furnished by Augusta
when such combination is part of any allegedly infringing process; or (IV) use of the Network or
any WISP Data Access Product in violation of this Agreement.
If the Network or any WISP Data Access Product becomes, or in Augusta's opinion is likely to
become, the subject of a Claim, Augusta may at its option (a) procure for “Name of ISP” the right
to continue using the Network or such WISP Data Access Product, or (b) modify the Network
or any WISP Data Access Product so as to provide “Name of ISP” a replacement or
modified Network or WISP Data Access Product that is non-infringing. If neither of the foregoing
alternatives is reasonably available to Augusta as determined by Augusta, then Augusta may
terminate this Agreement either in its entirety or in relation only to the affected WISP Data Access
Product(s) upon thirty (30) days written notice to “Name of ISP”. In the event of such
termination, the foregoing states the entire liability of Augusta and the sole remedy of “Name of
ISP” with respect to indemnification for third party claims for patent, trademark, copyright and
trade secret infringement or misappropriation related to the Network.
10.2. Indemnification by “Name of ISP”.
“Name of ISP” agrees to defend, indemnify and hold Augusta and the officers, directors, agents,
affiliates, distributors, franchisees (if any) and employees of Augusta harmless from and against
any and all claims, damages, actions, liabilities, expenses, or costs, including reasonable attorney’s
fees, arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding to
the extent directly or indirectly caused by (i) any violation of law in the marketing of products or
services related to the Network; (ii) any activities of a “Name of ISP” Subscriber or other user
“Name of ISP” enables to access the Network if “Name of ISP” was aware of a previous violation
of an Acceptable Use Policy related to the Network by such “Name of ISP” Subscriber or user,
including without limitation unauthorized access, network abuse and fraud; provided, however,
this Section 10.2.(ii) shall not limit in any way “Name of ISP”’ obligations pursuant to Section
3.2(b) above; (iii) any claim or allegation by a “Name of ISP” Subscriber to the extent such
claim is not the result of any action or inaction by Augusta or the subject of Augusta’s
indemnity obligations set forth in Section 10.1 (it being understood and agreed that “Name of
ISP”’ indemnity obligations hereunder shall be reduced in proportion to the level of action or
inaction by Augusta that gave rise to the claim at issue); or (iv) any claim that any Mark or Content
provided by “Name of ISP” infringes the Intellectual Property Rights of any third party.
10.3. Indemnification Generally.
Each Party agrees to promptly notify the indemnifying Party in writing of any indemnifiable claim
and to give the indemnifying Party the opportunity to control the defense of such claim with
counsel reasonably acceptable to the indemnified party. The indemnified Party shall cooperate in
all reasonable respects with the indemnifying Party and its attorneys in the investigation, trial,
defense and settlement of such claim and any appeal arising there from. To the extent the
indemnified Party chooses to participate in the investigation, trial, defense, settlement and/or
appeal of such claim, through its attorneys or otherwise, beyond such level of cooperation
reasonably required by the indemnifying Party, the indemnified Party will do so at its own cost and
expense. No settlement of a claim shall be entered into without the consent of the indemnified
Party, which consent shall not be unreasonably withheld, unless the settlement includes an
unconditional general release of the indemnified Party.
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11. LIMITATION OF LIABILITY.
(a) Except to the extent of the fees owed under this agreement, in no event shall either party
be liable to the other party for any loss of profits, loss of business, loss of use or data, interruption
of business, or for indirect, special, incidental, exemplary, multiple, punitive or
consequential damages of any kind, whether based on contract, tort (including without
limitation, negligence), warranty, guarantee or any other legal or equitable grounds, even if such
party has been advised of the possibility of such damages. These limitations shall survive and
apply notwithstanding the validity of the limited remedies provided for in the agreement.
(b) Neither party will be liable for any damages, costs, expenses, liabilities or losses
arising in connection with this agreement in the aggregate in a total amount that exceeds
the amounts paid by “Name of ISP” to Augusta for the municipality giving rise to the claim in
the six (6) months prior to the occurrence of the event giving rise to the first claim under this
agreement arising from such event.
(c) The limitations set forth in this section shall not apply to the parties’ confidentiality
obligations set forth or indemnification obligations in this agreement or claims deriving from a
party’s gross negligence or willful misconduct (i.e., conduct undertaken with the intent to cause
harm) and shall not affect either party’s right to seek injunctive relief.
12. TERM AND TERMINATION.
12.1. Term. The initial term of this Agreement commences on the Effective Date and
terminates two (2) years after the Effective Date (“Initial Term”). The Initial Term shall
be automatically renewed for up to three (3) additional one (1) year periods commencing after two
(2) years of the Effective Date (each a “Renewal Term”; the Initial Term and all Renewal Terms
are collectively referred to as the “Term”), subject to earlier termination as otherwise described in
this Agreement, unless either.
Party notifies the other in writing on or before 60 days prior to the end of the then existing Initial
Term or Renewal Term.
12.2. Termination for Default.
Except as may be contained otherwise herein, this Agreement may be terminated by the Parties as
follows: (a) by Augusta for “Name of ISP”' failure to pay the Fees within ten (10) days of
Augusta's written notice to “Name of ISP” of such failure to pay; (b) by either Party at any time in
the event of a material breach by the other Party of this Agreement that remains uncured thirty (30)
days after the breaching Party’s receipt of written notice of the breach, provided that if the
defaulting Party has been attempting with reasonable diligence to cure such breach, and the default
cannot be cured with reasonable diligence within such period of thirty (30) days, then such
termination will not be effective so long as the defaulting or breaching party pursues the cure with
diligent efforts; or (c) either Party may terminate this Agreement immediately if the other Party
enters into or files (or has filed or commenced against it) a petition, arrangement, action or other
proceeding seeking relief or protection under the bankruptcy laws of the United States or similar
laws of the United States or any state of the United States and such petition, arrangement, action or
other proceeding is not dismissed within ninety (90) days.
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12.3. Termination of Municipality Network.
The City reserves the right to terminate “Name of ISP” access to the Network for breach of
contract or a Force Majeure Event. In such event, Augusta will give “Name of ISP” as much
notice as is reasonably practical under the circumstances. The City will retain ownership of all
assets purchased by the City if such an event should occur.
12.4 Effects of Expiration or Termination.
(a) Upon expiration or termination of the Agreement, (i) Augusta will, as soon as reasonably
practicable, remove all references to “Name of ISP” from the City’s Web Site, cease
authenticating any “Name of ISP” Subscribers and will not be obligated to provide any access to
the Network or other services to “Name of ISP” or any “Name of ISP” Subscriber, (ii) “Name of
ISP” will immediately cease marketing all “Name of ISP” offerings related to the Network, cease
all access to the Augusta Systems and Network and cease authentication of all “Name of ISP”
Subscribers. Upon expiration or termination of this Agreement, Augusta is not obligated to
provide any access to the Network or other services to “Name of ISP” or any “Name of ISP”
Subscriber. Upon termination or expiration of this Agreement, neither party will be prevented from
marketing to any customer of the other Party, so long as the former does not use the latter’s
Confidential Information to conduct such marketing activities.
(b) Except as otherwise set forth in this Section 12, upon the expiration or termination
of this Agreement, all rights and obligations of the Parties under this Agreement shall
terminate, except the rights and obligations under Sections 4.2, 7, 8.2, 9, 10, 11, 12.3, 12.4, 14, and
15 herein shall survive expiration or termination of the Agreement.
13. INSURANCE.
During the Term, “Name of ISP” shall maintain all insurance and/or bonds required by law or this
Agreement, including but not limited to the following coverages:
(a) Workers Compensation as prescribed by the law of any state in which the work is to be
performed;
(b) Employer’s Liability with limits of at least $1,000,000 each accident/$1,000,000 each
employee by disease/$1,000,000 policy limit by disease;
(c) Commercial General Liability, including contractual liability coverage, premises and
operations, independent contractors, products and complete operations, contracted liability, and
personal injury liability, with limits of at least $1,000,000 per occurrence;
(d) Commercial Automobile Liability with a combined single limit of not less than
$1,000,000 per occurrence;
(e) All Risks Property insurance on a replacement cost basis insuring the “Name of ISP”
personal property at any Augusta facilities;
(f) Professional Liability covering the acts, errors and omissions of “Name of ISP” and
“Name of ISP” liability for its employees, agents and subcontractors with a limit of not less than
$5,000,000 per claim. The definition of “professional services” within the policy of professional
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liability insurance must include the services provided by “Name of ISP”, its agents and its
subcontractors under the terms of this Agreement. Any retroactive date on the policy should be
prior to commencement of this Agreement. Such coverage will be maintained by “Name of ISP”
for a period of thirty-six (36) months subsequent to the end of this Agreement and any extensions
thereof.
(g) Excess or Umbrella Liability with a limit of not less than $3,000,000 per occurrence over the
insurance coverages described in b, c and d above; Augusta shall be named as an additional
insured to the Commercial General Liability, Commercial Automobile Liability and Excess
or Umbrella liability policies, with respect to work performed by them under this Agreement.
“Name of ISP” and its insurers shall waive any and all rights of subrogation against Augusta.
“Name of ISP” shall also require its agents or subcontractors who may enter upon Augusta’s
premises or conduct work associated with this Agreement to maintain the same coverages required
herein. Should insurance policy limits be exhausted or should “Name of ISP” or its agents or
subcontractors fail to maintain the required insurance coverages, neither “Name of ISP” nor any of
its agents and subcontractors will in any way be relieved from liability provided for herein to
Augusta should a loss occur. Augusta will have the right, but not the obligation, to prohibit
the “Name of ISP” or any agents or subcontractors from performing work under this Agreement
until evidence that the insurance has been placed in complete compliance with these requirements
is received and approved by Augusta.
For any claims relating to this Agreement, the “Name of ISP”’ insurance shall be deemed to be
primary and not contributing to or in excess of any similar coverage purchased by Augusta. All
policy deductibles will remain the responsibility of the “Name of ISP”, its agents or its
subcontractors.
All insurance provided by “Name of ISP” shall be written by companies authorized to do business
in the state or states where the work is to be performed. Augusta reserves the right to refuse to
accept policies from companies with a rating of less than A- VII by the A.M. Best Company.
“Name of ISP” shall provide to Augusta certificates of insurance evidencing the required
coverages (including evidence that Augusta has been included as an additional insured) prior to
execution of this Agreement. “Name of ISP”’s insurers will be required to give 30 days written
notice to Augusta prior to any policy cancellation or non-renewal. Failure of Augusta to demand
such certificates or to identify any deficiency in the insurance provided shall not be construed as or
deemed to be a waiver of the “Name of ISP”’ (or its agents’ or subcontractors’) obligation to
maintain such insurance.
If any of the coverages are required to remain in force after termination of this Agreement, “Name
of ISP” shall submit additional certificates evidencing continuation of coverage until such
obligation ends.
If the “Name of ISP” fails to maintain the insurance as set forth herein, Augusta shall have the
right, but not the obligation, to purchase said insurance at “Name of ISP”’ expense and to deduct
the premiums therefore from any amounts otherwise due to “Name of ISP”.
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14. MAINTENANCE OF RECORDS; AUDIT.
Each Party shall maintain proper books and records for a period of twelve (12) months so as to
allow for the verification of amounts paid or owed to the other Party under the Agreement. Upon
at least thirty (30) days prior written notice, either Party shall have the right to audit and analyze
the other Party’s records as they relate to payments due to the Party hereunder and to ensure
compliance with all payment terms of this Agreement, which audit shall cover payments and
compliance for twelve (12) months prior to the date of the audit. Unless agreed to otherwise in
writing by the Parties, such audit shall be conducted during the usual business hours and at the
place of business of the Party being audited. Each Party may authorize an independent designee
to conduct and exercise the audit rights set forth in this Section, provided such designee is subject
to confidentiality obligations with respect to all Confidential Information of the audited Party.
Each Party shall have the right to audit the other Party’s applicable and relevant records no more
than once every twelve (12) months. The audited books and records, as well as the results of any
such audit, shall be considered.
Confidential Information as set forth in this Agreement; provided, however, nothing in this Section
14 shall be construed to preclude the use of such materials in the course of litigation between the
Parties regarding this Agreement, if necessary. The Party conducting the audit shall bear the costs
and expenses of the audit. Any statement, report or payment issued by a Party shall be binding
unless the Party to whom the statement, report or payment is issued objects to such statement,
report or payment within twelve (12) months from the date such statement, report, or payment is
issued.
15. MISCELLANEOUS.
15.1. Independent Contractors.
The Parties to this Agreement are independent parties and nothing herein shall be construed as
creating an employment relationship between the Parties. Neither Party is an agent, representative,
joint venture nor shall partner of the other Party and neither Party have any right, power or
authority to enter into any agreement for or on behalf of, or incur any obligation or liability, or to
otherwise bind, the other Party. The Agreement shall not be interpreted or construed to create an
association, agency, joint venture or partnership between the Parties or to impose any liability
attributable to such a relationship upon either Party.
15.2. Entire Agreement.
The Agreement, including any exhibits attached hereto, constitute the entire understanding and
agreement with respect to its subject matter, and supersedes any and all prior or contemporaneous
representations, understandings and agreements whether oral or written between the Parties
relating to the subject matter of this Agreement, all of which are merged in this Agreement. This
Agreement is not intended to confer upon any third party any rights or remedies hereunder.
15.3. Severability of Provisions.
In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant
to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable
according to its terms.
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15.4. Assignment.
Neither this Agreement nor the rights or obligations of this Agreement may be assigned by either
Party without the prior written consent of the other Party, which consent shall not be unreasonably
withheld or delayed. Notwithstanding the previous sentence, (a) “Name of ISP” shall have the
right to assign its rights and obligations hereunder, all or in part, in connection with a sale of all or
substantially all of its assets, a merger or other corporate reorganization, provided that any such
transferee agrees to be bound by this Agreement; (b)Augusta shall have the right to freely assign
its rights and obligations hereunder, all or in part, in connection with a determination by the
Augusta governing authority that an assignment to another entity or authority is in the best interests
of Augusta and its citizens, provided that any such transferee agrees to be bound by this
Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties and their
permitted successors and assigns.
15.5. Non-Exclusive.
The rights and obligations of the Parties are non-exclusive.
15.6. Governing Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Georgia. All claims, disputes and other matters in question between parties arising out of, or
relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. “Name of ISP”, by executing this Agreement, specifically consents to
venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction
and venue in said Court.
15.7. Force Majeure.
Nonperformance of either Party other than payment shall be excused to the extent that performance
is rendered impossible by prevented or delayed by reasons which are not reasonably foreseeable
and not reasonably avoidable, including Acts of God, floods, fires, hurricanes, tornadoes,
earthquakes or other unavoidable casualty, acts of public enemy, insurrection, war, riot,
sabotage, epidemic, strike or other labor disputes, freight embargoes, shortages or
unavailability of materials or supplies, delays or restrictions due to governmental action, including
without limitation actions by legislative bodies or regulatory agencies, including the FCC, that
limit or adversely impact Augusta’s ability to perform under this Agreement, unusually severe
weather conditions, concealed and unknown conditions below the surface of the ground
differing materially from those ordinarily encountered and generally recognized as inherent in
construction work or which are not reflected on current maps or drawings of underground
conditions, or wrongful physical obstruction by any Person at any installation site (“Force Majeure
Event”), provided that the non-performing Party gives prompt notice of such conditions to the
other Party and makes all reasonable efforts to perform.
The obligations and rights of the Party so excused shall be excluded on a day-to-day basis for a
period of time equal to that of the underlying cause of the delay. Either Party may terminate this
Agreement if a Force Majeure Event continues for or cannot be remedied in a commercially
reasonable manner within ninety (90) days.
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15.8. Construction.
Should any provision of this Agreement require judicial interpretation, the parties agree that the
court interpreting or construing the same shall not apply a presumption that the terms of this
Agreement shall be more strictly construed against one Party than against another, because the
parties participated equally in preparing this Agreement. All references to "include" and
"including" shall be deemed to mean "including without limitation". References to numbered
Sections shall be construed as referring to Sections of this Agreement, and references to a Section
shall refer as well to all its subsections. All pronouns used in this Agreement shall be deemed to
refer to the masculine, feminine, or neuter gender as the context requires. Wherever the context
requires, the singular shall include the plural, and vice versa.
15.9. Notices.
Except as specifically provided in this Agreement, any notice, approval, request,
authorization, direction or other communication under this Agreement shall be given in writing and
shall be deemed to have been delivered and given for all purposes (a) on the delivery date if
delivered personally to the Party to whom the same is directed; (b) one business day
after deposit with a commercial overnight carrier, with written verification of receipt, or (c) five
(5) days after being mailed by certified mail, postage prepaid, return receipt requested: to the
address of the Party to whom the same is directed asset forth below:
If to “Name of ISP”:
“Name of ISP”
Attention: NAME/TITLE
STREET ADDRESS
CITY/STATE/ZIP
TELEPHONE #
FAX #
EMAIL ADDRESS
If to Augusta:
The City of Augusta
Attention: NAME/TITLE
STREET ADDRESS
CITY/STATE/ZIP
TELEPHONE #
FAX #
EMAIL ADDRESS
15.10. Waiver.
No waiver of any provision of this Agreement, or any rights or obligations of either Party under
this Agreement, shall be effective, except pursuant to a written instrument signed by the Party
waiving compliance, and any such waiver shall be effective only in the specific instance and for
the specific purpose stated in such writing.
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15.11. Amendment.
The terms and conditions of this Agreement may not be modified or amended other than by a
writing signed by hand in ink by both Parties.
15.12. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
15.13 No Discrimination.
“Name of ISP” and/or “Name of ISP”’ contractors and subcontractors shall not discriminate or
permit discrimination between or among any persons in the availability of services.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives effective on the Effective Date.
“Name of ISP”: Augusta:
NAME of ISP City of Augusta, GA
By:__________________ By: ____________________
Title: _______________ Title: __________________
Date: _______________ Date: __________________
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Public Safety Committee Meeting
11/24/2008 12:20 PM
Memorandum of Understanding (MOU) between ATG Communications, LLC and the City of Augusta.
Department:Information Technology
Caption:Approve a Memorandum of Understanding (MOU) between ATG
Communications, LLC and The City of Augusta.
Background:ATG Communications has requested permission to install communications
equipment on the roof of Augusta’s maintenance building located at 1710
Highland Avenue, Augusta, GA 30904.
Analysis:Information Technology has examined the location and agrees that it is
structurally suitable and is within acceptable distance limitation for an
installation of this type. The intended communications will not interfere
with the current wireless equipment at this location. Public Services has
been consulted to verify that structural rigidity and applicable site issues
have been addressed. After a review of the proposed MOU, Public Services
Management has given approval to proceed.
Financial Impact:Augusta will realize a cost savings in the amount of $11,064.00 annually.
Augusta will utilize a 5 Mbps high speed wireless internet link, provided by
ATG Communications, LLC, at no cost. The standard pricing for this
service is $922.00 per month. Augusta will receive this service at no charge
for use of the previously mentioned structure. Augusta will use this link as a
backup method for internet access in the event of a failure on our primary
carrier’s network.
Alternatives:Not allow the installation of this equipment and pay for the ISP connection.
Recommendation:Approve the attached Memorandum of Understanding (MOU) between
ATG Communications, LLC and The City of Augusta.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
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Clerk of Commission
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