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Home My WebLink AboutResolution #5334 RESOLUTION NO. 5334 A RESOLUTION APPROVING AN AT&T DEDICATED INTERNET & VOICE BUNDLE AGREEMENT WHEREAS, the City of Canton, Illinois (the "City") is in need of certain telecommunications services for its 9-1-1 lines WHEREAS, the Mayor and City Council have determined that it is necessary and in the best interests of the City of Canton for the City to obtain the needed services from AT&T. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS: I. The agreement with AT&T, substantially in the form as attached hereto as"Exhibit A," is hereby APPROVED; 2. That the Mayor and/or the City Treasurer are hereby authorized to enter into any and all agreements and execute any other documentation necessary to obtain the necessary services for its 9-1-1 lines from AT&T; 3. That the Mayor, City Attorney,and/or the City Treasurer are hereby authorized to send any necessary notices to terminate any current agreements with any other providers, if necessary; 5. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 5th day of October, 2021 upon a roll call vote as follows: AYES: Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela Hale, Jeff Fritz, Greg Gossett NAYS: None ABSENT: Alderwoman Angela Lingenfelter F2ntrMc' DoW' 6ll, OVED, Mayor. ATTI Diana avley-Rock, City Clerk EXHIBIT A Contract Id:2307617 AT&T Dedicated Internet&Voice Bundle Agreement The r t sITmdiscounts and other n_rav sior, in this reement arew!oqn ingent upon signature t ymboth parties on or before December 31,2022 . . .._...._„] _..... __... .......... ..................... ..wmw ... For AT&T Administrative Use Only attuid: ZL9320 Account# _.., Master Customer# ,............................................ Doc Viewer ID: Contract ID#: ADV14309214 ........ ..._ ................. .......... CompanYName("Customer") AT&T-Contact For Notices .._... _ .. ............... ......... AT&T Sales Contact -Primary Contact Legal Name:City of Canton AT&T Corp Name: Jacky Liu .........................................--. ._....... Street Address 2 N Main St One AT&T Way Street Address: 311 S Akard St City: Canton State. IL Zip: 61520 ...... Bedminster,NJ 07921-0752 _ City:Dallas,State:TX Zip: 75202 ......... m ... _ : __ ___ryj pp . „ , #4698502616 Tel# 3096476691 ............. ATTN: Master A reement Support Team: mast att.com Tel _Wwwwwwwww_wwww w AGREEMENT TERMS 1. ERVICES ._........_ ._.............. ....... ........ _ Service Service Publications Location AT&T Dedicated Internet&Voice Bundle(ADIVB) ....... ..........N.w httpANorvLog%�l�#enew�rTtt.co�m�sr�AT&T Dedicated Dedicated Internet&Voice Bundlem m 2. AGREEMENT TERM AND EFFECTIVE DATES OF RATES ............. _ _ ..... w Term Term Start Date/Effective Date of Rates and Discounts 2years mw Effective Date of this Agreement 3. SERVICES COMPONENTS AND RATES(PRICES) 3.1.AT&T Dedicated Internet&Voice Bundle ......._. __.... ................... Off-Net long Concurrent distance - Monthly Service Charge Monthly Service Charge Monthly Service Charge Port Speed Calls Included Group 1 Group 2 Group 3 Minutes(per month 10 Mbps 10 3,000 $499.00 $683.00 ITITITmmmm ....... $786.00 10 Mbps 15 4,500 - -$525.00 $725.00 � $828.00 .. _ .. 10 Mbps_ _-W23 6,900_ ._ $555.00 _mmm$792.00 ..... $895.00 10 Mbps 30 -�� 9,000 - -$645.00 $850.50 $953.50 .-_ -1 3","8 5-0-0..............�.__......... 10 Mbps 46 13,800 $795.00 $984.00 ...... $1,087.00 ww 3,000 $555. .. � ................a.ww 00 $882.00 $951.00 20 Mbps 10 20 Mbps .1.5.. ..... ... _ 4,500 �.....--$595.00 $929.50 .......... �� $998.50 .._..... ...._._. _ eY .. �........... . ........ ��... _......... ........._. wwww�.... 666 ,,,. .-... 20 Mbps 23 6,900 $645.00 $1,005.50 $1,074.50 �20Mbps 30 - -9,000 $745.00 $1,071.50 $1,140.50 20 Mbps 4613,800 $895.00 ............... �-$1,223.00 $1,292.00 50 Mbps 10 3,000 $745.00 mm..........._... $1,138.50 $1,224.50 50 Mbpsmmmmm 15 4,500 $795.00 $1,186.00 $1,272.00 50 Mbps _ 23 6,900mmmmmmm $845.00 $1,261.50 $1,347.50 50 Mb ........ 50 .. mmmmmmmMb $895.00 $1,328.00 $1,414.00 Mbps 30 9,000 50 Mbps 46 13,800 $999.00 $1,479.50 $1,565.50 . . . ,s d ,"", 0 -. 0""."0..................._�_- 3 000 $950.00 $1,495.00 ....._. $1,634.50 ...... 100 Mbps I 10 .._......_. .....�66 ..._.��. ...�._ __ ... ....__ .. ... ... 100 Mbps 15 4,500 $995.00 $1,540.00 $1,680.00 100 Mbps 23 6,900 _................ WW$1,025.00 mmmmm� $1,612.50 $1,752.50 100 Mbps 30 9,000 $1,075.00 $1,676.00 $1,816.00 Doc ID: ADIVBEXP-1 V5-01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 1 of 7 Contract Id: 2307617 AT&T Dedicated Internet&Voice Bundle Agreement 100 Mbps 46 13,800 $1,095.00 $1,821.50 .WWWWW µµµWWW ..W.. $1,961.00 150 Mbps 10 - 3,000 ........m._ $999.00 ._. $1,786.00µµµW $1,962.50 150 Mbps 15 4,500 $1,045.00 ...........$i,833.00 $2,010.00 150 Mbps 23 6,900 $1,075.00 $1,909.00 $2,086.00 150 Mbps 30 9,000 $1,099.00 $1,975.50�mm mm- .... ._._.. $2µ152.O0 150 Mb ......... ......._m �._..------ _._W.......... - .............._......__ pswwwwwwwww 46 mmm 9 3,800 $1,199.00 $2,127.00 $2,303.50 250 Mbps 10 3,000 $1,325.00 322. $2, 00 $2,523.50_ 250 Mbps 15 4,500 $1,375.00....................._...................... m $2,369.00 $2,570.50 ................. 250 Mbps 23 6,9009,00 $1 445 00 $2,445.00 $2,646.50 __......--. _ - 0 _......_ .._ .... �.........._._....... -_.-- ... ......_ 250 Mbps 30 _ mmm w$1,495.00 $2,511.00 $2,713.00 250 Mbps 46....__ 13,800 ....................._ ............ _ _.._2.--..---��..... ... $2,864.50 $1,595.00 $2,662.50 mm 11400 Mbps 10 3,000 $1,399.00 $3,095.50 $3,399.50 400 Mbps 15 - ...._ _ WWWWWWWWW4,500 $1,449.00 $3,141.00 $3,445.00 400 Mbps 23 - 6,900 $.1,499.00 $3,213.50 $3,517.50 400 Mbps 30 9,000 $1,699.00 $3,277.00 $3,581.00 400 Mbps 46 13,800 $1,799.00 $3,422.00 $3,726.00 500 Mbps 10 3,000 $1,559.50 mm $3,705.00 $4,094.50 ... _._.._..... _n ...-. 500 Mbps 15 4,500 $1,609.50- $3,750.50 $4,140.00 500 Mbps 23 6,900 $1,659.50 $3,823.00 $4,212.50_ �.. ... ----- _.�.................. ............. ................. _ 500 Mbpsmmmmmmmm ........._30 9,000 $1,859.50 $3,886.50 $4,276.00 ............ 500 Mbps .. 46 13,800m......_-............ -_........a.$1,959.50 $4,032.00 $4,421.00 -------------- -.._ -w -.._.-. _. ...-..........w ..___�.........--.-................. _.....-.........--- 600 Mbps 10 3,000 $1,697.00 $4,162.00 $4,597.50 ......................... .. .6 m_ ..._-_--..--......................-. 600 Mbps 15 4 500 $1,747.00 $4,234.50 $4,670.00 600 Mbps 23 6,900 $1,947.00 - -- $4,298.00 $4,733.50 600 Mbps 30 9,000 $2,047.00.. ._.. dw $4,443.00 $4,878.50 -_-.- 600 Mbps 46 13,800 $2,047.00 $4,443.00 -m mmmmmmmmmmmmmm$4 878.50mmm 1,000 Mbpsmmmm 10 3,000 $2,030.00 $4,541.00 mmmmmmmm-mmmmm $5,046.50 1,000 Mbps15 4,500 $2,080.00 $4,613.50 $5,119.00 1 OODMbps 23 61900 _ $2,280.00 $4,677.00_ _ $5,182.50 1,000 Mbps 30 - 9,000 $2,380.00 $4,82200 $5,328.00 1,000 Mbps 46............ - 13,800 $2,380.00 $4,822.00 $5,328.00 On-Net Calling&Local Off NetmCallinc Unlimited .._-...---.._........................... ..-wwww Enhanced Features Package(per concurrent call) $1.60 US Off-Net per minute calling charge in excess of Off- $0.0400 .Net-long distance included minutes IP Toll-Free Calling Plan Charge,Monthly Charge per $15.00 Site" *Includes 1,000 minutes of usage per month per calling Plan G per Customer.Additional usage charges shall yaggregate P 9 9 apply for usage over 1,000 minutes per the AT&T IP Toll-Free table below.IP Toll-Free can only be added to a new order for ADIVB. Business In A Box .... Base.___ _.. ............................. Unit NextGen ................._W..__......... ... � ww� ...xtGe............_ ---------- -........._........................_........... ......a. Service Components:20% ---_._..--_.__-_.--_.._._..........- _ ...._......... International Off Net Outbound Calls-Land-Line(Fixed)and Mobile Terminations(per Service Component Discount applied to Service Guide minute .. _. rates,as revised from time to time AT&T IP Toll Free Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 2 of 7 Contract Id:2307617 AT&T Dedicated Internet&Voice Bundle Agreement d SC � "'"'"'"""""""" __...._----________---_.. Unitetates a Ilin Plan — Calling Plan G AT&T IPTF Inbound— Interstate Usage AT&T IPTF Calling Charge ..... .......................... ...... ww See BVOIP SG—AT&T Dedicated Internet&Voice _ _ US IntrastateU Usage AT&T IPTF Inbound—Canada to US g _ v- ._._" ._._"-....... Bundle,for Rate Table as revised from time to time Usage 4. WAIVERS Char es Waived Minimum Retenti...... Monthly Charge per Dialed Toll-Free number for AT&T Toll Free Advanced Features (Classic)-Feature Package II-Routing Plan O0tion Non-Recurring Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features N/A" Classic)-Feature Package IhRouting_PIan Option AT&T IPTF Calking Plan G Non,Recurring_Charge Dial Plan Setup Fee BVolP Toll-Free Routing Arrangement(APN)Charge,MonthI Charge Per Site "mN%A:Not Applicable _. ""This waiver applies only to new AT&T Toll-Free Advanced Features accounts. If a Toll- Free number is associated with an existing AT&T Toll-Free Advanced Features account, AT&T Toll-Free Advanced Features(Classic)-Feature Package II-Routing Plan Option will be billed on that account. 5. MINIMUM PAYMENT PERIOD -......__.. �._-_._.. ............... ______..�............................_ Service Components Percent of Monthly Service Charge Due Upon Minimum Payment Period Termination Prior to Completion of Minimum per Service Component Payment Period -_-..-----------------------m �- All Service Components 50% Longer of 12 months or until the end of the Agreement Term 6. AT&T DEDICATED INTERNET&VOICE BUNDLE GENERAL TERMS AND CONDITIONS 6.1. Agreement: AT&T and/or its Affiliates shall provide Customer products and services identified in this document ("Services") pursuant to the "Agreement"consisting of this document and the following applicable"Service Publications", incorporated by reference: (i)Tariff(s), Guidebook(s)and/or Service Guide(s)found at att.com/service publications,and(ii)the AT&T Acceptable Use Policy("AUP")found at att.com/aup. AT&T may revise the Service Publications at any time. The order of priority of the documents that form the Agreement is,in descending order. this document;the AUP;and,then the applicable Tariff(s), Guidebook(s) and/or Service Guide(s) (provided, however, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms). 6.2. Services: AT&T will provide or arrange to have the Service provided to Customer subject to availability and operational limitations of systems,facilities and equipment. Customer may not resell any component of the Service without AT&T's written consent. Customer will cause Users to comply with the Agreement and Customer is responsible for their use of the Service or any component of the Service,unless expressly provided to the contrary in a Service Publication. 6.3. Access to Premises: 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 Service. 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). 6.4. Hazardous Materials: Customer will ensure that the Site 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 materials at a Site,AT&T may terminate the affected Service Component,or suspend performance until Customer remediates the condition. Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIV13-061018-50,USOFN20 AT&T and Customer Confidential Information Page 3 of 7 Contract Id: 2307617 4: AT&T Dedicated Internet&Voice Bundle Agreement 6.5. Independent Contractor Relationship: Each party is an independent contractor. Neither party controls the other,and neither party nor its Affiliates, employees,agents or contractors are Affiliates,employees,agents or contractors of the other party. 6.6. License and Third-Party Terms:Software,Purchased Equipment and Third-Party Services,if any,may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third-party service provider or the manufacturer. Customer's execution of this Agreement is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise,AT&T's sole responsibility with respect to Third-Party Services is to place Customer's orders for Third-Party Services, except that AT&T may invoice and collect payment from Customer for the Third-Party Services. 6.7. AT&T Equipment: Title to AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment, must keep the AT&T Equipment physically secure and free from liens and encumbrances and will bear the risk of loss or damage(other than ordinary wear and tear)to AT&T Equipment. 6.8. Prices: Unless this document states otherwise, the prices listed in the Agreement are stabilized for the Term and no promotion, credit, discount or waiver set forth in a Service Publication will apply. 6.9. Taxes; Surcharges; Fees. Prices in this Agreement are exclusive of, and Customer will pay, all current or future taxes, surcharges, recovery fees, shipping charges,and other similar charges. 6.10. Billing, Payments and Deposits: Payment is due thirty (30) days after the invoice date 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 six(6)months date of the invoice in which the disputed charge initially appears, Customer waives the right to dispute the charge. AT&T may recover all costs (including attorney fees) of collecting delinquent or dishonored payments and may charge a late fee for overdue payments at the lower of 1.5%per month(18%per annum)or the maximum rate allowed by law;plus 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,and AT&T may apply such deposit to any charges owed. Customer authorizes AT&T to investigate Customer's credit and share information about Customer with credit reporting agencies. 6.11. Expiration of Term: At the end of the Term(but subject to any existing Minimum Payment Period),Customer may continue Service under a month- to-month service arrangement at the prices, terms and conditions in effect on the last day of the Term;however, upon expiration of the Term or applicable MPP, whichever is later,AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer and either party may terminate such service arrangement upon thirty(30)days'notice. 6.12. 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. Either Party may terminate an affected Service for material breach, and AT&T may terminate or suspend (and later terminate) an affected Service, if such breach is not cured within 30 days of notice. If Customer is in violation of the AUP and fails to rectify the violation within five (5) days after receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. Provided, however, 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, AT&T may terminate or suspend a Service, and, if the violating activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice. AT&T also has the right 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. 6.13. Early Termination Charges: If Customer terminates a Service or Service Component for Customer's convenience or AT&T terminates a Service or Service Component for cause, Customer must pay: (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges,and (iii)any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. The charges set forth in this section will not apply if a terminated Service Component is replaced with an upgraded Service Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 4 of 7 Contract Id: 2307617 AT&T Dedicated Internet&Voice Bundle Agreement Component at the same Site,but only if the Minimum Payment Period or Minimum Retention Period,as applicable, (the"Minimum Period")and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component,respectively,and if the upgrade is not restricted in the applicable Service Publication. 6.14. Withdrawal of Service or Service Component: Notwithstanding that this Agreement may commit AT&T to provide a Service to Customer for a Term, unless applicable local law or regulation mandates otherwise, AT&T may discontinue a Service or a Service Component to similarly situated customers and terminate Customer's Service or Service Component upon 120 days'notice. 6.15. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE OR NON-INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF 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) AND MAKES NO 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 AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S OR OTHERS' APPLICATIONS,CONTENT,DATA, PROGRAMS,INFORMATION,NETWORKS OR SYSTEMS. 6.16. Limitation of Liability: AT&T'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T's BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED,AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY,DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE OR INTENTIONAL MISCONDUCT. ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. 6.17. The above Disclaimer or Warranties and Liability and Limitations of Liability will apply regardless of the form of action,whether in contract,tort, strict liability or otherwise,of whether damages were foreseeable and of whether a party was advised of the possibility of such damages.These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. 6.18. Indemnity: Customer agrees at its expense to defend, indemnify and hold harmless AT&T, its Affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties on account of a third-party claim where: (i)the claim arises from Customer's or a User's use of a Service;(ii)the claim alleges a breach by Customer, its Affiliates or Users of a Software license agreement;or(iii)alleges that a Service infringes any patent, trademark, copyright or trade secret where the claimed infringement arises out of or results from: (a)Customer's, its Affiliate's or a User's content; (b)modifications to the Service by Customer, its Affiliate or a third party,or combinations of the Service with any non-AT&T services or products by Customer or others;(c)AT&T's adherence to Customer's or its Affiliate's written requirements;or(d)use of a Service in violation of this Agreement. 6.19. ARBITRATION: ALL CLAIMS AND 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).ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION.THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT,SHALL NOT HAVE THE AUTHORITY TO ORDER PRE- HEARING DEPOSITIONS OR DOCUMENT DISCOVERY,BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING.THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS;IF THE PARTIES CANNOT WAIVE THESE RIGHTS,THIS ENTIRE PARAGRAPH IS VOID. Doc ID: ADIVBEXP-1 V5-01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 5 of 7 Contract Id:2307617 AT&T Dedicated Internet&Voice Bundle Agreement 6.20. 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 of the other party 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 Customers primary contact with AT&T,Customer authorizes that representative to discuss and disclose Customers customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction.Each party is responsible for complying with the privacy laws applicable to its business.AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services,Customer must encrypt such data so that it will be unintelligible.Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service.Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so.AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and to operate, maintain and enhance the network and Services.Where required by law,AT&T may provide Customer Personal Data to third parties such as courts,law enforcement or regulatory authorities. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed, except that AT&T may: (i)assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate,or(ii)subcontract work to be performed under this Agreement,but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2)years after the cause of action arises. This Agreement does not provide any thins party(including Users)the right to enforce it or to any remedy,claim,liability,cause of action or other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law this Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles.The United Nations Convention on Contracts for International Sale of Goods will not apply.Except for payment of amounts due, neither parry will be liable for any delay, failure in performance, loss or damage due to causes beyond such party's reasonable control, including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth above. 6.21. Definitions: "Affiliate"of a party means an entity that controls,is controlled by,or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines,data structures,object classes,and protocols used to communicate between programs. "AT&T Equipment"equipment owned by AT&T and located at Customers premises. "Customer Personal Data" means information that identifies an individual,that Customer directly or indirectly makes accessible to AT&T in the course of providing the Services. "Minimum Payment Period" means the minimum period identified in the Agreement during which Customer is required to pay recurring charges for the Service Component. "Minimum Retention Period"means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment(or repayment)of certain credits,waived charges or amortized charges. "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment includes any internal code required to operate such equipment and any physical media provided to Customer on which Software is stored,but does not include Software. "Service Component"means an individual component of a Service provided under this Agreement. "Site"means a physical location,including Customers collocation space on AT&T's or subcontractor's property,where AT&T installs or provides Service. "Software"means any software(including APIs and all associated written and electronic documentation and data)provided to Customer for a Service. "Third-Party Service"means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. "User"means anyone who uses or accesses any Service provided to Customer. FOR VOICE OVER INTERNET PROTOCOL (VOIP) SERVICES, THE UNDERSIGNED, ON BEHALF OF CUSTOMER, ACKNOWLEDGES THAT CUSTOMER HAS RECEIVED AND UNDERSTANDS THE ADVISORIES CONCERNING THE CIRCUMSTANCES UNDER WHICH E911 SERVICE USING A VOICE OVER IP SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER'S TELEPHONE SETS OR OTHER EQUIPMENT, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION, LOSS OF ELECTRICAL POWER, AND DELAYS THAT MAY OCCUR IN UPDATING THE CUSTOMER'S LOCATION IN THE AUTOMATIC LOCATION INFORMATION DATABASE. THE ADVISORIES ARE FURTHER PROVIDED IN THE SERVICE PUBLICATION. Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 6 of 7 Contract Id: 2307617 AT&T Dedicated Internet&Voice Bundle Agreement 11Z�w By signing below, the person signing on behalf of customer personally represents and warrants to AT&T that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement. Customer understands and agrees to be bound by the terms and conditions for service as described in the attached terms and conditions, including but not limited to all terms and conditions incorporated by reference. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement is effective when signed by both Customer and AT&T Corp.("Effective Date"). ........ _ .......... Cu ........... _..... w stomer b ly is authorized representative) w AT&T Corp.ww(by its authorized representative) B : .... ... _.... .. .. _By � .. ...............__� NameName .I� ! .. ...__ -6... -- Title: C� �................_. Title: Date: Date: Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-061018-50,USOFN20 AT&T and Customer Confidential Information Page 7 of 7 Contract Id: 2307617 f aW AT&T Dedicated Internet&Voice Bundle Agreement Letter of Authorization to Obtain Customer Service Records Only ... _.......... ...... ................... ..m Customer Name: AT&T Customer Account#: City of Canton Customer F.."..... � ........�._�Ap .... ............._.._... _...�. ... .... ._.... ull Address&Zip: T&T Full Address&Zi Customer Contact: Tel.#: 3096476691 2 N Main St Canton 311 S Akard St Dallas IL 61520 TX 75202 AT&T Contact: Tel.#:4698502616 Email ID: zl932q@att.com Master Customer No.: AE PID: 1. 1 appoint AT&T as my agent to request Customer Service Records(CSRs)with the Local Exchange Company(s)(LEC)for analyzing Local Service. This appointment shall extend to all service accounts for which customer appears as the customer of record. 2.This Appointment is applicable to the following location Blanket LOA (For all locations in the United States) ®YES ❑NO (Choose one) 3.1 certify that I am either the customer of record for these lines or that I am authorized by the customer of record to make this decision. ORDERED BY CUSTOMER: City of Canton �................ ............ m ...._. Signature: ._._....... Printed Name: _ ... .. ____—..---__ �w Title: ......._... m .... ........ Date: �.......... ... ...� _________....... .. This authorization shall continue in force unless and until revoked by the customer, VS—01/16/2021 AT&T and Customer Confidential Information Page 1 of 1 AT&I Deducated hnternet + Voce Bii.Ainde (AlDWB) Crystal Wflklinsan.309 647 6691.cwill<insr)ri@(..aiitoii(c:ityl,iall.c)i,g (Aty of Canton Descrij::fflan Unit Price 011,1115 ",549 00 $549,00 A I&11 Oedw:adlvd I Im'i Com iii(vini(&I 1,0s Vc",ik,MXuj N'wi I'vinw, 5/8 75 ilklm,pid Une t4 S 85 Total Budgetary 1:10ce Per Month $642.60 ServicL Offer:AT&T Medicated Internet+Voice Elundle 2 N IVlatin StCanton,IL.61520