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Home My WebLink About2011-04-25-Meeting Agendawww.augustaga.gov PublicSafetyCommitteeMeeting CommissionChamber -4/25/2011 -12:45PM PUBLICSAFETY 1.Awardatwo(2)yearcontractcontinuationtoAT&T forlocal andlongdistancetelephoneservice.Theestimated monthlycost is $34,448.67 which will provide an estimated $42,3 46.08 annualsavingscomparedtoourcurrentrates. Attachments PublicSafetyCommitteeMeeting 4/25/201112:45PM AwardAT&TLocalandLongDistanceService Department:InformationTechnology Caption:Awardatwo(2)yearcontractcontinuationtoAT&T forlocaland longdistancetelephoneservice.Theestimatedmont hlycostis $34,448.67whichwillprovideanestimated$42,346.08annual savingscomparedtoourcurrentrates. Background:AT&TisAugusta’scurrentproviderforlocalandlo ngdistance services.AT&Thasprovidedtheseservicesinarel iablecost effectivemanner.AT&Thasbeenprovidingtheseser vicestothe CityofAugustasince2003.AT&Thassatisfactorily metthe obligationsoftheircontractandarethepreferred vendoratthe lowestcost. Analysis:Fundsareapprovedandavailableineachdepartment soperating budget. FinancialImpact:Estimatedannualcostis$413,384.04 Alternatives:Nonethatmeetsthecity’srequirementsatthistim e. Recommendation:Approveawardingthelocalandlongdistancecontra cttoAT&T. FundsareAvailable intheFollowing Accounts: FundsareapprovedandavailableinAugusta's2011 operating budget. REVIEWEDANDAPPROVEDBY : Finance. Law. Administrator. ClerkofCommission Cover Memo Item # 1 msa_ua_ver_i.doc MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 1 of 3 eCRM ID ______________ AT&T MA Reference No. ABNCMT-720546UA AGREEMENT Customer AT&T Augusta-Richmond County Street Address: 530 Greene ST Ste. 801 City: Augusta State/Province: GA Zip Code: 30911 Country: AT&T Corp. or enter the International Affiliate Name Customer Contact (for notices) AT&T Contact (for notices) Name: Kevin Luce Title: Infrastructure Supervisor Street Address: 530 Greene ST Ste. 801 City: Augusta State/Province: GA Zip Code: 30911 Country: Telephone: 706 821 1603 Fax: Email: Luce@augustaga.gov Street Address: City: State/Province: Zip Code: Country: With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: This Agreement between the customer named above (“Customer”) and AT&T Corp. (“AT&T”), is effective when signed by both parties, and continues as long as Services are provided under this Agreement. The terms and conditions of the services and equipment that AT&T provides to Customer under this Agreement (“Services”) are found in this document and the following additional documents: (i)Tariffs, Guidebooks and Service Guides found at att.com/service publications; (ii) Pricing Schedules or other attachments now or later attached to this Agreement; and (iii) the Acceptable Use Policy (“AUP”) found at att.com/aup. AT&T may revise Tariffs, Guidebooks, Service Guides, or the AUP (collectively “Service Publications”) at any time, and may direct Customer to websites other than listed 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 will be first in priority in any jurisdiction where existing law 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 but associated contract incorporating the terms of this Agreement. Customer and AT&T will have their respective Affiliates comply with this Agreement. An “Affiliate” of a party is an entity that controls, is controlled by, or is under common control with such party. Services: AT&T will either provide or arrange to have its Affiliate provide Services to Customer under this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. Customer may not resell the Services to third parties (excluding Customer’s Affiliates) without AT&T’s written consent. Customer will cause Users (anyone who uses or 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 Publication. If a Service is provided over or accesses the Internet, Customer, its Affiliates, and Users will comply with 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, property (other than public property) and equipment reasonably required to provide the Services. Access includes information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer’s connection to AT&T’s network. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free 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 law related to pollution, protection of air, water, or soil, or health and safety. If AT&T encounters any such hazardous Attachment number 1 Page 1 of 3 Item # 1 msa_ua_ver_i.doc MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 2 of 3 eCRM ID ______________ materials at a Customer location, AT&T may terminate the affected Service, or suspend performance until Customer removes the hazardous materials. AT&T Equipment: 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 and encumbrances. Customer will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. Prices, Pricing Schedule Term, and Taxes: Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to-month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to- month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days’ prior notice to Customer. Prices in the Pricing Schedules are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Services. Billing, Payments, Deposits and MARC: Payment is due 30 days after the invoice date (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute the charge (except to the extent applicable law or regulation requires otherwise). AT&T may charge a late fee for overdue payments: (i) for Services contained in a Tariff or Guidebook, at the rate specified therein; or (ii) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus (iii) all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services. Customer authorizes AT&T to investigate Customer’s 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 SLA credits) are less than the MARC in any period, Customer will be billed for the shortfall, and payment will be due 30 days after the invoice date. Termination and Suspension: 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 upon notice if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services. Customer may terminate an affected Service for material breach by AT&T, and AT&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 fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. AT&T has the right, however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T’s suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct 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 allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T’s network or networks with which AT&T is interconnected or interfere with another customer’s use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T’s customers or their respective employees. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable local law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months’ notice, or a Service Component upon 120 days’ notice, but only where AT&T generally withdraws the Service or Service Component for similarly–situated customers. If Customer terminates a Service prior to the date Customer‘s obligation to pay for Services begins, Customer will reimburse AT&T for time and materials, including any third party charges, incurred prior to the effective date of termination. Thereafter, if Customer terminates a Service for Customer’s convenience, or AT&T terminates a Service for any of the reasons specified in the first paragraph of this Section, Customer must pay all applicable termination charges: (i) if termination occurs before the end of the Minimum Payment Period (the minimum period specified in Pricing Schedules for 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 charges identified in the Pricing Schedule (including, but not limited to, any charges related to a failure to satisfy a Minimum Retention Period), plus any third-party charges incurred by AT&T due to the termination, all of which will be, if applicable, applied to Customer’s MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a MARC, Customer must pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term, after applying amounts received pursuant to (i). The termination charge set forth in (i) above will not apply if a terminated Service is replaced with an upgraded Service at the same location, but only if (a) the Minimum Payment Period and associated charge for the replacement Service are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service, and (b) the upgrade is not restricted in the Service Publication. In addition, Customer may terminate a Service without incurring termination charges if (a) AT&T revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days’ notice of termination to AT&T within 90 days of the date of the revision; and (c) AT&T does not remedy the materially adverse impact prior to the effective date of termination. “Materially adverse impacts” do not include changes to non-stabilized rates, changes required by governmental authority, or changes in additional charges such as surcharges or taxes. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF Attachment number 1 Page 2 of 3 Item # 1 msa_ua_ver_i.doc MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 3 of 3 eCRM ID ______________ DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 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 AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS. Limitation of Liability: AT&T’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER’S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, 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 APPLY TO: (I) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE; OR (II) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER THE “THIRD PARTY CLAIMS” PARAGRAPH. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. Third Party Claims: AT&T agrees at its expense to defend or settle any claim against Customer, its Affiliates, and its and their employees and directors, and to pay all compensatory damages finally awarded against such parties where the claim alleges that a Service infringes any patent, trademark, copyright, or trade secret, except where the claim 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 or products not provided by AT&T; (iii) AT&T’s adherence to Customer’s written requirements; or (iv) use of the Service in violation of this Agreement. AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non- infringing, or failing that to terminate the Service without further liability to Customer. Customer agrees at its expense to defend or settle any claim against AT&T, its Affiliates, and its and their employees, directors, subcontractors, and suppliers, and to pay all compensatory damages finally awarded against such parties where: (i) the claim alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions under (i)–(iv) above; or (ii) the claim alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided with the Services. Import/Export Control: Customer, not AT&T, is responsible for complying with import and export control laws, conventions and regulations for all equipment, software, or technical information Customer moves or transmits between countries using the Services. ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT) AND ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF 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 Customer and AT&T. Neither party may publicly disclose any confidential information without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two years after the cause of action arises. This Agreement does not provide any third party (including Users) any remedy, claim, liability, cause of action or other right or privilege. Regulated Services will be governed by the law and regulations applied by the regulatory commission having jurisdiction over the Services. Otherwise, this Agreement will be governed by the law and regulations of the State set forth above for Customer’s address, without regard to its conflict of law principles. This Agreement is limited to Services to be provided in the United States. The United Nations Convention on Contracts for 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 or damage due to causes beyond such party’s reasonable control. Any notice required or permitted under this Agreement must be in writing and addressed to the parties at the address set forth above. This Agreement constitutes the entire agreement between the parties concerning the Services provided under this Agreement and supersedes all other written or oral agreements. This Agreement will not be modified or supplemented by any written or oral statements, proposals, service descriptions, or purchase order forms. Attachment number 1 Page 3 of 3 Item # 1 Page 1 of 1 AT&T Business etwork Customer Expectation Document (CED) Thank you for choosing AT&T! We strive to delight our customers by delivering the ultimate integrated communication experience. We look forward to partnering with you so that together we can ensure a successful installation. How We, AT&T, Will Support You: Ensure that the service orders within the scope of your AB project are submitted and provide estimate d due dates. As order processing progresses, provide service delivery due dates. Service delivery due dates may have shorter or longer intervals based on actual network capacity, facility availability or service components required to fulfill your order. ote: Service specific orders cannot be placed until the billing structure has been established. The Order Specialists will contact you approximately 5 business days prior to installation to confirm arrangements. The Billing Architect will meet with you or a designated representative to conduct a Bill Review to ensure that all services have been implemented and that you understand your AT&T ABN billing structure. Additionally, the Billing Architect will conduct follow-up bill reviews until all ordered services appear on the bill statement. * Once implementation is complete, Lifecycle Management of your company will be transitioned back to appropriate AT&T personnel. *In order to ensure quality with provisioning and the implementation of orders, AT&T Service Guides provide a 90 day interval to fully implement the contract, beginning with the first day of the customer’s first full bill cycle. What AT&T eeds From You, Our Customer: Participation with the AB Project Owner to discuss your AB account structure. You should be prepared to provide a detailed list of services to be converted from another provider, including: Telephone lines, with associated Billed Telephone Number, 3-digit Customer Code suffix, and service addresses (from your local carrier bills). If any lines use another Primary Inter-exchange Carrier (PIC), you will need to authorize AT&T to change PICs on such lines. If a PIC Freeze exists on any of your lines, you will need to contact the Local Exchange Carrier yourself to convert the lines to AT&T. ote: For migrations/conversions, the Project Owner will discuss your existing AT&T structure and the implementation to ABN. Assurance that your premise equipment vendors can give AT&T all technical data required to support the application (signaling, framing format, line coding, feature requirements, etc.). (Deleted bullet stating Baseline/Coordinated services must be re-provisioned to Total Service.) Please let your vendor know that AT&T may contact them for service details. Assurance that equipment vendors are prepared to test the service on the scheduled due date. Please contact your ABN Project Owner as soon as possible if you will not be ready. ote: Due Date Change and/or Cancellation Charges may apply if you elect to delay or cancel your order. Customers are required to accept service within 15 days of a confirmed Due Date and up through the 30th day to schedule the cutover. Orders are subject to cancellation after the 30th day. Please refer to the appropriate AT&T tariffs or successor Service Guide for additional terms and conditions governing your service. Are your business locations exempt from any taxes /surcharges, or located outside of the city limits? If yes, advise the Billing Architect and state the nature of your exemption. Provide supporting documentation. Participation with the ABN Billing Architect to define your account structure and Order Specialist(s) to complete data gathering. How You, Our Customer, Can Ensure a Timely Installation: By providing timely receipt of accurate information that directly impacts the due date of your service installation. Delays by you or your equipment vendor will delay the installation of your new service. By not changing your service request once your order has been placed. AT&T will make reasonable efforts to accommodate requests for changes to an order after it has been submitted. If the requested change necessitates a change in the Due Date, a charge may be assessed by AT&T. By contacting your AB Project Owner as soon as pos sible to negotiate a new date if for any reason you are unable to meet the scheduled due date. Attachment number 2 Page 1 of 2 Item # 1 Page 2 of 2 For All Service Migration/Conversion Projects: Ordering activities cannot begin for any service migration/conversion until all pending orders are completed. No new orders should be placed for any location that is migrating/converting to ABN. For Oneet/VTS to AB Conversion Projects: OneNet/VTNS services will be converted as is. The Order Specialists will coordinate the conversion to minimize any service outages. The estimated downtime for the T1.5’s and associated channels and services is approximately 1.5 hours per T1.5 per Location. Any Changes that affect the current inventories, i.e. any new additional service/ changes, etc will be handled by your Account Team after the ABN Account has been established. Oneet/VTS conversions require 120-130 day interva l to complete the conversion (from Project Acceptance to Final Bill Review). Confirmation of your requested service. After data gathering completion, the Project Owner will provide you a complete Customer Confirmation Document (CCD), which contains your requested service information. The Project Owner will quote an implementation interval (due dates) based on your project scope. Please review, sign and return (fax) the CCD. AT&T cannot place service orders until the CCD is signed and returned. ote : Please let your vendor know that AT&T may contact them for service details if needed. I acknowledge the partnering required between _____________________________________and AT&T for a successful implementation. Company ame ____________________________________ ___________________________ _______________________________________ _______________________ Customer ame Title Customer Signature Date Attachment number 2 Page 2 of 2 Item # 1 Letter of Authorization Customer Name: Augusta-Richmond County AT&T Customer Account #: Customer Full Address & Zip: 530 Greene St. Ste. 801 Augusta, GA 30911 AT&T Full Address & Zip: Customer Contact: Kevin Luce Tel. #: 706 821 1603 AT&T Contact: Michelle Fields Tel. #: 912-644-6900 Email ID: sf2028@att.com Master Customer No.: AE PID: 1. I appoint AT&T as my agent to handle all arrangements with the Local Exchange Company(s) (LEC) for establishing or changing AT&T Long Distance Service, ‘Local Toll’ Service, Local Service and International Service. AT&T may, upon Customer’s express authorization in each instance, offer such service for all telephone lines associated with the main Billed Telephone Number(s) (BTNs) listed below or in the attachment, and to issue instructions to and to otherwise deal with the LEC regarding the BTNs. 2. It is understood that: Only one carrier may be designated for Long Distance Service on any individual telephone number, Only one carrier may be designated for ‘Local Toll’ Service on any individual telephone number, Only one carrier may be designated for Local Service on any individual telephone number, Only one carrier may be designated for International Service on any individual telephone number. 3. IT IS FURTHER UNDERSTOOD THAT DURING THE INITIAL PRESUBSCRIPTION PERIOD FOR ‘LOCAL TOLL’ SERVICE, AS DEFINED BY THE STATE GOVERNING BODY, THE PIC CHANGE CHARGE MAY BE WAIVED FOR AN INITIAL TIME PERIOD. HOWEVER, IT IS ACKNOWLEDGED THAT A CHARGE PER LINE MAY BE APPLIED BY THE LOCAL TELEPHONE COMPANY FOR SUBSEQUENT CHANGES 4. THIS APPOINTMENT IS FOR: LONG DISTANCE (INTERLATA) SERVICE X YES NO LOCAL TOLL (INTRALATA) SERVICE X YES NO LOCAL SERVICE YES NO CELLULAR YES NO INTERNATIONAL SERVICE (HAWAII ONLY) YES NO 5. THIS APPOINTMENT IS APPLICABLE TO THE FOLLOWING LOCATIONS Blanket LOA (For all locations in the United States; AT&T will maintain a list of such locations, Billed Telephone Numbers and Working Telephone Numbers as attached) X YES NO (CHOOSE ONE) Location Specific LOA (Specify applicable locations and the Billed Telephone Numbers and Working Telephone Numbers as attached) YES NO 6. This Appointment revokes any prior appointments for the services involved here and may be revoked at any time and shall continue in force unless and until revoked by the customer. Signatory for each party attests that he or she is authorized to execute this letter of authorization on behalf of the company ORDERED BY CUSTOMER: ACCEPTED BY AT&T: 7. Signature: 11. Signature 8. Printed Name: 12. Printed Name: 9. Title: 13. Title: 10. Date: 14. Date: Attachment number 3 Page 1 of 2 Item # 1 Letter of Authorization List of Locations Location Addresses List all Location BTN’s and WTN’s See Attached MIS file Attachment number 3 Page 2 of 2 Item # 1 Contract ID: 1604511 ATTUID: LC4267 AT&T and Customer Confidential Information Page 1 of 7 Updated: 01/2008 AT&T MA Reference No. ABNCMT-720546UA AT&T BUSINESS NETWORK SERVICE Pricing Schedule and Attachment A Customer AT&T AT&T Sales Contact Name Primary Contact Augusta-Richmond County Street Address 530 Greene ST Ste. 801 City Augusta State / Province GA Zip Code 30911 Country AT&T Corp. or enter the International Affiliate Name Name Michelle Fields Street Address Contract Management 225 W. Randolph St. City Chicago State / Province IL Zip Code 60606 Country Telephone Fax C Email sf2028@att.com Sales/Branch Manager Jeannie Gustafson SCVP Name: Sales Strata: Sales Region: Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information (if applicable) Name Kevin Luce Title Infrastructure Supervisor Street Address 530 Greene ST Ste. 801 City Augusta State / Province GA Zip Code: 30911 Country Telephone 706 821 1603 Fax Email Luce@augustaga.gov Street Address City State / Province Zip Code Country With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com Name Company Name Street Address City State / Province Zip Code Country Telephone Fax Email Agent Code This Pricing Schedule and Attachment A is part of the Agreement between AT&T and Customer referenced above. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title Title Date: Date: Attachment number 4 Page 1 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 2 of 7 Updated: 01/2008 1. SERVICES • AT&T Business Network (ABN) Service • Voice/Access, including LD, Local and Intrastate 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES 2.1 Term Pricing Schedule Term Term Start Date 2 years First day of first full billing cycle following implementation of this Pricing Schedule in AT&T’s billing system 2.2 Effective Dates Effective Date of Rates and Discounts First day of first full billing cycle following implementation of this Pricing Schedule in AT&T’s billing system 2.3 Term Expiration Upon expiration of Pricing Schedule Term The terms and conditions of this Pricing Schedule will renew on a month-to-month basis until terminated by either party on 30 days prior written notice (“Extension Period”), except that during the Extension Period the rates under this Schedule are changed as follows: a) If the Services are subject to a Service Guide or a filed Tariff, the rates in this Pricing Schedule will automatically be increased to the then- current Monthly Extension rates specified in the Service Guide or Tariff, or, if no Monthly Extension rate is specified, the rate for the Services for the Extension Period shall be equal to the rates under this Pricing Schedule plus 20%; b) credits, if any, under this Pricing Schedule do not apply for the Extension Period. 3. MARC YEAR 1 YEAR 2 MARC under this Pricing Schedule $12,000 $12,000 4. MARC-ELIGIBLE CHARGES • ABN Service including eligible Voice, Access, Local, Intrastate, purchased under the ABN Service offer Attachment number 4 Page 2 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 3 of 7 Updated: 01/2008 5. DISCOUNTS ABN Service Voice Services Component/Capability Discount% Interstate Long Distance– Outbound Switched 42% Loyalty 45% Dedicated - Mobile Termination 42% Calling Card 64% Interstate Long Distance- Inbound Switched 42% Loyalty 45% Dedicated 42% International 71% Other Qualifying Service Category 33% ABN Service Bandwidth Service/Access Channels Service Component/Capability Discount% T1 IOC Primary Rate Interface Office Functions 75% T1 Access Channels Region 1 Access Channel 23% Region 2 Access Channel 29% Region 3 Access Channel 25% Region 4 Access Channel 38% Region 5 Access Channel 38% Region 6 Access Channel 44% Region 7 Access Channel 44% All other components, excluding Access Coordination Function 100% Additional Discount for Intrastate total charges State Discount South Carolina 10% Georgia 27% Kentucky 28% North Carolina 17% Tennessee 14% 6. PROMOTIONS, CREDITS, WAIVERS AND MINIMUM RETENTION AND PAYMENT PERIODS 6.1 Promotions Service Guide promotions are not applicable under this Pricing Schedule Attachment number 4 Page 3 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 4 of 7 Updated: 01/2008 6.2 Credits ILEC Primary Interexchange Carrier Change Credit Month of Pricing Schedule Term in which Credit is Applied Minimum Retention Period $150 6 Until end of Pricing Schedule Term year in which credit is applied Amount of Credit Month of Pricing Schedule Term in which Credit is Applied Minimum Retention Period $720.00 3rd month Until end of Pricing Schedule Term year in which credit is applied This credit represents a one-time credit equal to the monthly recurring charge for Toll-Free MEGACOM and/or Toll-Free READYLINE Routing Arrangements without D channel. 6.3 Waivers Charges Waived Month of Pricing Schedule Term in which Charges are waived Minimum Retention Period The Monthly Recurring Carrier Line Charges Every Month None This waiver applies only to Customers who purchase AT&T Local Service and have a minimum of two lines under a single BTN Charges Waived Month of Pricing Schedule Term in which Charges are waived Minimum Retention Period Waivers as specified in the Service Guide for ABN Service N/A 12 months Outbound Monthly Charges and Outbound Minimum usage requirement for Per Main Billed Account, Per Customer Location- Switched Access and Per Customer Location- Dedicated Access Every Month None Monthly Recurring Charges incurred during the month specified for all T1 Access Channels migrating from an AT&T ILEC 3 and 15 N/A Attachment number 4 Page 4 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 5 of 7 Updated: 01/2008 6.4 Other Requirements This Pricing Schedule is available only to Customer who: • During the first year commit to satisfy at least 50% of the total AT&T usage and charges under this Pricing Schedule with usage and charges for services not previously provided by AT&T. 7. Rates 7.1 ABN Domestic Dial Station Outbound/Inbound Calling Call Type Initial 30 Seconds or Fraction Each Add’l Second or Fraction OUTBOUND Switched $0.0360 $0.0012 Loyalty $0.0300 $0.0010 Dedicated-Mobile Terminating $0.0210 $0.0007 INBOUND Switched $0.0360 $0.0012 Loyalty $0.0300 $0.0010 Dedicated $0.0210 $0.0007 7. 2 T1 Access Channels – only Access Channels furnished between the Customer Site and the designated AT&T POP for connection to an AT&T network service T1 Access Channels Monthly Charges Mileage Fixed Per Mile 0 $270.00 $0.00 1-5 $340.00 $0.00 6-10 $372.00 $0.00 11-20 $462.00 $0.00 21-50 $660.00 $0.00 51+ $500.00 $6.50 AT&T Reference date: N/A Attachment number 4 Page 5 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 6 of 7 Updated: 01/2008 ATTACHMENT A 1. Intrastate Voice Rates: The following rates apply before the application of discounts as specified in Section 5 of the AT&T Business Network Service Pricing Schedule. These rates are filed in the AT&T Tariffs and will be effective with the implementation of this ABN contract. Rates are subject to change from time to time and in event of a conflict between the rates below and the AT&T Tariffs, the Tariffs prevail. Outbound/Inbound CPM* InterLATA IntraLATA Switched Loyalty Dedicated Switched Loyalty Dedicated Alabama $0.0900 $0.0720 $0.0600 $0.0900 $0.0720 $0.0600 Alaska $0.2200 $0.1800 $0.1500 $0.2200 $0.1800 $0.1500 Arizona $0.1140 $0.1020 $0.0660 $0.1140 $0.1020 $0.0660 Arkansas $0.1680 $0.1380 $0.1140 $0.1680 $0.1380 $0.1140 California $0.0720 $0.0600 $0.0480 $0.0720 $0.0600 $0.0480 Colorado $0.1200 $0.0960 $0.0660 $0.1200 $0.0960 $0.0660 Connecticut $0.0660 $0.0540 $0.0420 $0.0660 $0.0540 $0.0420 Delaware $0.0840 $0.0660 $0.0540 $0.0840 $0.0660 $0.0540 District of Columbia $0.0780 $0.0660 $0.0540 $0.0780 $0.0660 $0.0540 Florida $0.1200 $0.0840 $0.0540 $0.1200 $0.0840 $0.0540 Georgia $0.1020 $0.0840 $0.0660 $0.1020 $0.0840 $0.0660 Hawaii $0.1440 $0.1320 $0.0960 $0.1440 $0.1320 $0.0960 Idaho $0.1620 $0.1500 $0.0900 $0.1620 $0.1500 $0.0900 Illinois $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420 Indiana $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420 Iowa $0.1200 $0.1080 $0.0720 $0.1200 $0.1080 $0.0720 Kansas $0.1080 $0.0900 $0.0780 $0.1080 $0.0900 $0.0780 Kentucky $0.1140 $0.0960 $0.0840 $0.1140 $0.0960 $0.0840 Louisiana $0.0960 $0.0720 $0.0540 $0.0960 $0.0720 $0.0540 Maine $0.1080 $0.0840 $0.0660 $0.1080 $0.0840 $0.0660 Maryland $0.1080 $0.0780 $0.0600 $0.1080 $0.0780 $0.0600 Massachusetts $0.0840 $0.0720 $0.0600 $0.0840 $0.0720 $0.0600 Michigan $0.0600 $0.0540 $0.0420 $0.0600 $0.0540 $0.0420 Minnesota $0.1020 $0.0900 $0.0660 $0.1020 $0.0900 $0.0660 Mississippi $0.0960 $0.0840 $0.0600 $0.0960 $0.0840 $0.0600 Missouri $0.1800 $0.1380 $0.0960 $0.1800 $0.1380 $0.0960 Montana $0.1800 $0.1620 $0.1020 $0.1800 $0.1620 $0.1020 Nebraska $0.1260 $0.1140 $0.0780 $0.1260 $0.1140 $0.0780 Nevada $0.1200 $0.0960 $0.0840 $0.1200 $0.0960 $0.0840 New Hampshire $0.1560 $0.1080 $0.0780 $0.1560 $0.1080 $0.0780 New Jersey $0.1020 $0.0840 $0.0720 $0.1020 $0.0840 $0.0720 Attachment number 4 Page 6 of 7 Item # 1 Contract ID: 1604511 Augusta-Richmond County WK-101752V1-ABN-SCVP-PGM The rates, discounts and other provisions in this Pricing Schedule are contingent upon signature by both parties on or before June 09, 2011. For AT&T Administrative Use Only – cm LC4267 Master Agreement No. __________ Pricing Schedule No. __________ Original Effective Date: __________ Effective Date of Amendment: __________ Pricing Schedule for AT&T Business Network Service ATTUID: LC4267 AT&T and Customer Confidential Information Page 7 of 7 Updated: 01/2008 Outbound/Inbound CPM* InterLATA IntraLATA Switched Loyalty Dedicated Switched Loyalty Dedicated New Mexico $0.2280 $0.1560 $0.1200 $0.2280 $0.1560 $0.1200 New York $0.1260 $0.1020 $0.0780 $0.1260 $0.1020 $0.0780 North Carolina $0.1380 $0.1080 $0.0900 $0.1380 $0.1080 $0.0900 North Dakota $0.2160 $0.1920 $0.1200 $0.2160 $0.1920 $0.1200 Ohio $0.0540 $0.0480 $0.0420 $0.0540 $0.0480 $0.0420 Oklahoma $0.1140 $0.0900 $0.0720 $0.1140 $0.0900 $0.0720 Oregon $0.0660 $0.0540 $0.0420 $0.0660 $0.0540 $0.0420 Pennsylvania $0.1080 $0.0900 $0.0720 $0.1080 $0.0900 $0.0720 Puerto Rico $0.0660 $0.0540 $0.0480 $0.0660 $0.0540 $0.0480 Rhode Island $0.0840 $0.0660 $0.0480 $0.0840 $0.0660 $0.0480 South Carolina $0.1140 $0.1020 $0.0900 $0.1140 $0.1020 $0.0900 South Dakota $0.2520 $0.1800 $0.1260 $0.2520 $0.1800 $0.1260 Tennessee $0.1080 $0.0900 $0.0720 $0.1080 $0.0900 $0.0720 Texas $0.1140 $0.0960 $0.0780 $0.1140 $0.0960 $0.0780 Utah $0.0780 $0.0720 $0.0480 $0.0780 $0.0720 $0.0480 Vermont $0.1380 $0.1020 $0.0780 $0.1380 $0.1020 $0.0780 Virginia $0.1440 $0.1080 $0.0840 $0.1440 $0.1080 $0.0840 Washington $0.1320 $0.0900 $0.0660 $0.1320 $0.0900 $0.0660 West Virginia $0.1500 $0.1140 $0.0840 $0.1500 $0.1140 $0.0840 Wisconsin $0.0960 $0.0840 $0.0540 $0.0960 $0.0840 $0.0540 Wyoming $0.0900 $0.0780 $0.0600 $0.0900 $0.0780 $0.0600 *Billed in increments of 30 Second Initial Period or Fraction, Each Additional Second or Fraction. Rates displayed are list rates per the Tariff. Attachment number 4 Page 7 of 7 Item # 1 BLS LD Migration RESPONSIBLE ORGANIZATION DESIGNATION AND AGREEMENT OF AGENCY I hereby designate AT&T to act as Responsible Organization (“RESPORG”) for the following toll free service telephone numbers. I further designate AT&T to act as my agent to transfer RESPORG functions to AT&T. These designations supersede all prior RESPORG designations pertaining to these toll free service numbers. Company Billing Name: Augusta-Richmond County (As it appears on the customers bill copy) Company Billing Address: 503 Greene St. Ste. 801 City: Augusta State: GA Zip: 30911 Company Contact: Kevin Luce Contact Phone #: 706-821-1603 Fax #: Authorized By: (Signature or PIN) (Print Name) (Title) (Date) TOLL FREE SERVICE NUMBERS FOR WHICH RESPORG FUNCTIONS ARE BEING TRANSFERRED ( 866) 939-5050 OLD RESPONSIBLE ORGANIZATION NEW RESPONSIBLE ORGANIZATION ID: BDL30 ID: ATX01 Name: ATT/Bell South LD Service Name: AT&T Address: PO Box 856178 Address: 2651 Olive Street Louisville, KY 40285 St. Louis, MO 63103 FOR AT&T USE ONLY AT&T Name: Phone No : AT&T E-Mail Address: Branch: Save Winback Nodal PRINT USING FINE TIP INK PEN WHEN COMPLETING THE RESPORG FORM - ILLEGIBLE FORMS WILL BE REJECTED! AT&T Proprietary 2/98 Use pursuant to Company Instructions Attachment number 5 Page 1 of 1 Item # 1