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HomeMy WebLinkAboutAgreement_General_03/10/2016 (5) i The village of Tequesta Copy of MIS Workbook Nov 2015 v3 MIS_PS160 1 of 4 ACC PS160 e�•ai��•��•a•w «•e.ra. OW For Administrative Use Only ACC Master A reement #: EL3818 BUSINESS MANAGED INTERNET SERVICE PRICING SCHEDULE For Customer Service Call 1- 888 - 286 -2685 SECTION 1. ACC BUSINESS REPRESENTATION Agent / Retention Manager Kristie Arambula Agent Contact Person Sub -Agent Contact Person * 0 Agent Email Address Sub -Agent Email Address * 0 Agent Phone # Agent Channel ID # Sub -Agent Phone # Sub -Agent Channel I D # * A487 0 (Allf ieldS require I. Company Name II. Billing Company Name: The Village of Tequesta The Village of Tequesta Company 1357 Tequesta Drive Billing 1 1345 Tequesta Drive Street Street 2 City State Zip Code City State Zip Code Te uesta FL 33469 Tequesta FL 33469 Contact Person Billing Contact Person Abby Brennan Brad Gomber Contact Email Address Billing Contact Email Address abrennan @te uesta.o bomber (ante uesta.or Phone # Fax # Billing Contact Phone # Fax # 561 7680700 - 561 768 0554 III. REQUIRED FOR ALL: Legal Company Name (Parent Company) The Village of Teg uesta SECTION 3. MIS SERVICE LOCATION INFORMATION FOR SINGLE LOCATION Demarc Company Name The Village of Tequesta On -Site Local Contact Brad Gomberg Alt LCON Contact Name Bill Davis Name CON (required) (required LCON Phone 9 561 7680554 561 7680553 ( required) Alt LCON Phone 4(required LCON Email Address bgomberg @tequesta.org ALT LCON Email Address wdavis @tequesta.org ( required) (required LCON Mobile Phone # 561 222 6569 ALT LCON Mobile Phone # 0 Street Demarc Tele hone # of nearest neighbor/business 357 Te uesta Drive Primary Technical Customer Contact Name (required) Demarc Room & Floor (required Inside wiring Brad Gomber is the customer's responsibility,) 357 Te uesta Drive Primary Technical Customer Contact Phone # (required) City State lZip Code 561 2226569 Te uesta I FLI 33469 Primary Technical Customer Contact Email Address (required) Active phone number at Demarc location (required) bomber (&te uesta.or 561 768 0700 Additional Technical Contact Dedicated Analog Phone # (required for Included CPE) ((or technical interview and coordination of installation) * Additional Technical Customer Contact Name Bill Davis Additional Technical Customer Contact Phone # 1561768 0553 Remarks: Additional Technical Customer Contact Email Address wdavis@teguesta.or Is this site a Carrier Hotel/Data Center? 0 If yes, who owns the Carrier Hotel/Data Center? LSO NPA -NXX INTERNAL USE ONLY SECTION 4A. ACCOUNT DETAIL INFORMATION New Account: YES I Existing Account: NO Account Number: SECTION 4B. BILLING OPTIONS (refer to Billing Options document, found on A.I.M. ) STANDARD BILLING (Single Account Billing) YES CORPORATE BILLING $6.50 /mo. Administrative Feet NO plus $3.00 /mo. each service locationf Corporate Billing Option: Standard - Single Location Billing Corporate Billing: Is the above Service address the HQ Location? Corporate Billing: Location # I of l BILLING REPORT OPTIONS (please provide supporting paperwork): Access -a -Bill $19.95 per month NO BILLING CYCLE (Bill Date Preference) CYCLE 10 tCharges marked by t are not stabilized for the Term, are illustrative to reflect the current Service Guide rates and will I vary in accordance with the corresponding charges set forth in the Service Guide. ACC Price Schedule 160 ACC Business and Customer Proprietary Updated 11/05/2015 The village of Tequesta Copy of MIS Workbook Nov 2015 v3 MIS_PS160 2 of 4 SECTION 4C. ORDER TYPE New YES Renewal NO Inside Move NO Outside Move NO CHANGE (Change in port speed, CPE, DNS, NO Multiple NO irewall, etc.) (MIS Orders) Is this Order replacing or changing an existing ACC circuit? ` No *If ves. list existing circuit ID and details directl below note: for multi - location orders, enter details for each site on the MISMultiloc sheet Existing circuit IDs (required): Reason for replacement or change Move, Upgrade/ Down rade Tech Migration, etc.): SECTION 5A. PRICING SCHEDULE TERM AND PROMOTIONS Term: 3 Years Promo Code(s): Other: SECTION 5B. SERVICE CHARGES & RATE PLANS (will be totaled for multiple locations) Applicable supporting documentation (SIMPL printout, quote letter and ICB) must be attached PORT SPEED Monthly Port Monthly Port or HiCap Flex Charges Total Number Charges CPE Option /Install Charge Minimum and Other Charges Selected Bandwidth all and Other Charges Totals for a Single Location Commitment Multi Locations Single Location (No Tele- Install over IOOMbps) Full T SELECT SELECT ONE NxTI SELECT SELECT ONE Fractional + Full T3 SELECT SELECT ONE OCX SELECT SELECT ONE Included CPE, Tele - Install $1,500 1 $591 (waived) Onsite required for over Ethernet 100 Mb s 106Mb s For Changes Complete Other Charges Section 4C Hi-Cap Full T3 MBC SELECT SELECT ONE Hi-Cap Incr Char a /mb s Hi-Cap OC3 MBC SELECT SELECT ONE Hi-Calp Incr Char a /mb s Hi -Ca Ethernet MBC SELECT SELECT ONE HT Incr Charge /mb s ACC Price Schedule 160 ACC Business and Customer Proprietary Updated 11/05/2015 The village of Tequesta Copy of MIS Workbook Nov 2015 v3 MIS_PS160 3 of 4 Installation Charges Amount Waived Total Port Charges Single Location: 1 $591 $1,500 $1,500 Installation Charges Monthly Circuit Monthly Charge (Renewals =$0 Charges all Multi Total Number Per Circuit Single Prov. Order = LOCAL ACCESS Locations Selected Location SIMPL charges) Amount Waived 128K -NxTI (25 miles from PoP in the 48 states) 128K -NxTI (On -Net, Hawaii or 26+ miles from PoP in the 48 SELECT states) Circuit Speed Total Service Ethernet 100 (default) 1 $810 Fractional/Full T3, OC3, or SELECT T3 /OC3 On -Net Full OC12 or OC48 Access SELECT arrangement Ethernet Interface 100 Base TX Electical Total Local Access Charges Single 1 $810 $0 $0 Location SECTION 5C. OPTIONAL SERVICES & CHARGES - SINGLE LOCATION IPv6/Dual Stack requested I * SELECT Domain Name used for service: (additional domains identified during technical interview) Primary. 4 of domains (up to 15 included per M1S port): SELECT (additional Primary DNS is $100 1month per 15 domains) Secondary. N of domains (up to 15 included per MLS port ): SELECT (additional Secondary DNS is $100 1month per 15 domains) COS Class of Service Monthly Charges One -Time Install Charges Waived COS (NxTI ports require MLPPP) SELECT $0 PNT Private Network Transport) Monthly Charges One -Time Install Charges (Waived PNT (NxTI ports require MLPPP) SELECT $0 Quantity Monthly Charges One -Time Install Charges Type' SELECT 0 $0 Choke Router /Outbound Load Balancing? SELECT s0 Redundant CPE Cold Standby)? SELECT $0 Single Location Optional Services Totals: 0 $0 $0 SECTION 5D. ONE -TIME MOVE CHARGES - SINGLE LOCATION One -Time Move Charge Move Charges TI, NxTI, fractional T3, T3 & OCX. I SELECT I $0 ACC Price Schedule 160 ACC Business and Customer Proprietary Updated 11/05/2015 The village of Tequesta Copy of MIS Workbook Nov 2015 v3 MIS PS160 4 of 4 SECTION SE. TOTAL ALL CHARGES BILLED WAIVED Total Single Location Monthly Port,Local Access,and Optional Service Charges: $1,401 Total Single Location Non Recurring Port,Local Access,Optional Service,and Move Charges: $0 $1,500 SECTION SF. MINIMGM PAYMENT AND YIINIMUM RF,TENTION PERIOD Portion of Monthly Service Fees Applicable to Service Components Minimum Payment Period Minimum Pavment Period 50'Y All Service components Until end of'Pricing Schedule Term,but not less than 12 months per component(from original activation date) The minimum retention eriod is 12 mon[hs for all service com onents SECTION 6. TERMINATION The Customer may terminate service without incurring Termination Charges prior to[he end of the service term,provided the Customer is current in payment to ACC Business for services provided and replaces this Pricing Schedule with either: 1) other domestic and/or international telecommunications services provided by ACC Business having a new revenue commi[ment equal to or greater than the revenue wmmitment set for[h in this Pricing Schedule;or 2) the same services provided by ACC Business having a new revenue commitment equal to or greater than the remaining revenue commitment of this Pricing Schedule. Additionally,ACC Business may terminate this Pricing Schedule in the event that(i)AT&T determines that Special Construction is necessary for ACC I3usiness to provide the Service hereunder and(ii)Cus[omer does not execute and reGirn an ACC Business Special Construction Pricing Schedule within the time period designated by ACC Business. ACC Business may also terminate this Pricing Schedule in the event that Customer orders On-Net aceess and no capacity is available. Custumer will not incur any Termination Char es in the event that ACC Business exercises its ri ht of termination under[his ara ra h. SECTIOK 7. TAX EXEMPT INFORMATION Tax Exempt Cer[ifications for all jurisdictions that apply mus[ State NO be attaehed:Applicable taxes will be applied to all invoices Coun[y NO until supporting tax exempt documentation is provided. Cit NO SIGNATURE BELOW BY YOUR AL`THORIZED REPRES6VTATIVE IS CUSTOMER'S CONSENT TO THE TERMS ANU CONDITIONS OF 7'HfS PRICING SCHEDULE Customer acknowledges that d�e temis and conditions set f'orth in this MIS Pricing Schedule("Pricing Schedule")apply to Service for the duration of the Service Period. Additional tenns,conditions and charges can be viewed on the AT&T Service Guide("Service Guide")located at http l/serviceouiden ew.att.co m/ Customer further acknowledges that it must complV W�th the terms of the Acceptable[Jse Policy located at ht�_��yg�w._jtt_com_�2i5�i If the Hi Cap Flex entries are selected in section 56 customer will be billed for usage that exceeds the selected port speed at the incremental per Mb rate indicated Wl�en serviee is ordered for multiple locations of a Corporate Billed accoLmt the rates in the MIS Multi Location Worksheet apply- Customer ACC Business t �9,� lSiIN� TRIANO ?�Iame(Printed)Abby B�ennan Name(Printed) , � p � , _� � �f L����;��:�I Sienature By(x Signature By(x) � . ��. .! �,l 'i. � . �.ir�,��. Company The Village T 5�a� Company ACC Business —� r Title Ma or o he Vill. e of Te u ta Ticte Contract Specialist Date March 1,2016 Date �� �� E��%�� ACC Price Schedule 160 ACC Business and Customer Proprietary Updated 11/05/2015 „u�,{�•�tp t++�-p�'��v�.r uI AtSl �NMF. ACC ACC BUSINESS MULTI-SERVICE AGREEMENT f3USiNESS . ACC Business MA Reference No. E13818 Customer ACC Business a division of AT&T Cor . Customer Legal Name: The Village of Tequesta ACC Business Street Address: 357 Tequesta Drive City: Tequesta State/Province: FL Zi Code: 33469 Country. Customer Contact for notices Nvne: Abby Brennan Street Address: 400 West Avenue Title: Mayor of The Village of Teyuesta City:Rochester State'Province:NY Street Address: 345 Tequesta Drive Zip Code: 1461] Country: USA City: Tequesta State/Province: FL Zip Code: 33469 Country: Telephone: 561 768 0700 Fax: Email: abrennan@tequesta.org This ACC Business Multi-Service Agreement between the customer named above("Customer”)and ACC Business is effective when signed b�both arties. Customer b its authorized re resentative ACC Business its authorized re resentative) . , ; �� � � , lo R , B / B . ,�� �;;�.� l (''�.�;{ >o ��� ` �.� � �� - Name: �1bby Brennan N�e ��{R � S T � N�1 T R ( A, Title: �ayor of The Village of Tequesta Title: T ` n T �� �� � a�. � S T cc� � ,-, March 1,2016 ` � j � Date: llate; \'- � � Agreement:The terms and conditions for the products and Services:ACC Business will either provide or arrange to have its services that ACC Business provides to Customer under this Affiliate provide Services to Customer and its Users(anyone who Agreement("Services")are found in this document and the uses or accesses any Service provided to Customer),subject to following additional documents(collectively,the"Agreement"): the availability and operational limitations of systems,facilities (i)Tariffs,Guidebooks and Service Guides found at and equipment.Where required,an ACC Business Affiliate t rnmi;c�v�c,�publ c�ri,on;;(ii)pricing schedules or other authorized by the appropriate regulatory authority will be the documents attached to or later executed by the parties and service provider.Customer may not resell the Services or rebrand referencing this document("Pricing Schedule");and(iii)the the Services for resale to third parties without ACC Business'prior Acceptable Use Policy(°AUP")found at�tt.ccsn,_au�. AT&T or written consent.Customer will cause Users to comply with this ACC Business may revise Tariffs,Guidebooks,Service Guides or Agreement and is responsible for their use of any Service unless the AUP(coliectively"Service Publications")at any time and may expressly provided to the contrary in a Service Publication.If a direct Customer to websites other than listed above.The order of Service is provided over or accesses the Internet or is a wireless priority of the documents that form this Agreement is:the (i.e.,cellular)data or messaging Service,Customer,its Affiliates applicable Pricing Schedule or Order,this Multi-Service and Users will comply with the AUP. Agreement,and the applicable Service Publications;provided Ordering:If an applicable Service Publication expressly permits that,Tariffs will be first in priority in any jurisdiction where placement of an order for a Service under this Multi-Service applicable law or regulation does not permit contract terms to qgreement without the execution of a Pricing Schedule, take precedence over inconsistent Tariff terms.This Agreement Customer may place such an order using ACC Business'standard continues so long as Services are provided under this Agreement. Affiliate Signature:An ACC Business or Customer Affiliate may ordering processes(an"Order"),and upon acceptance by ACC sign a Pricing Schedule in its own name,and such Affiliate Business,the Order shall otherwise be deemed a Pricing Schedule contract will be a separate but associated contract incorporating under this Multi-Service Agreement for the Service Ordered. the terms of this Agreement.Customer and ACC Business will cause respective Affiliates to comply with any such separate and associated contract. ACC Business MSA UA VER iii Page 1 of 5 ACC Business and Customer Proprietary Last Updated 11/16/2012 ���.� ..,�. , ,.,,. ;.,z, �.,.. ACC ��M� .} ACC BUSINESS MULTI-SERVICE AGREEMENT F3uSINESS Access to Premises:Customer will in a timely manner allow ACC Business service arrangement at the prices,terms and conditions in effect on the to access or at Customer's expense obtain timely access to property(other last day of the Pricing Schedule Term.ACC Business may change such than public property)and to equipment as ACC Business reasonably prices,terms or conditions on 30 days'prior notice to Customer. requires for the Services.Access includes information,the right to Prices in the Pricing Schedules are exclusive of and Customer will pay all construct,install,repair,maintain,replace and remove access lines and taxes,regulatory surcharges,recovery fees,customs clearances,duties, network facilities and the right to use ancillary equipment space within the levies,shipping charges and other similar charges relating to the sale, building for Customer's connection to AT&T's network.Customer will transfer of ownership,installation,license,use or provision of the Services. furnish any conduit,holes,wireways,wiring,plans,equipment,space, If required by law to withhold or deduct applicable taxes from payments power/utilities and other items ACC Business reasonabiy requires for the due to ACC Business,Customer must use reasonable commercial efforts to Services and will obtain any necessary licenses,permits and consents minimize any such taxes and must furnish to ACC Business such evidence (including easements and rights-of-way). as may be required by relevant taxing authorities to establish that such tax Hazardous Materials:Customer will ensure that the location where ACC has been paid so that ACC Business may claim any applicable credit. Business installs,maintains or provides Services is a suitable and safe Billing,Payments,Deposits and MARC:Unless a Service Publication working environment,free of any substance or material that poses an specifies otherwise,Customer's obligation to pay for a Service Component unreasonable risk to health,safety or property or whose use,transport, begins upon availability of the Service Component to Customer storage,handling,disposal or release is regulated by any law related to ("Cutover").Payment is due 30 days after the invoice date(unless another pollution,to protection of air,water or soil or to health and safety.If ACC date is specified in an applicable Tariff or Guidebook)and must refer to the Business encounters any such hazardous materials at a Customer location, invoice number. ACC Business may terminate any affected Service or any affected At Customer's request,but subject to ACC Business'consent(which may component of a Service("Service ComponenY')or suspend performance not be unreasonably withheld or wiihdrawn),Customer's Affiliates may be until Customer removes the hazardous materials. invoiced separately,and ACC Business will accept payment from such Independent Contractor Relationship:Each party is an independent Affiliates.Customer will be responsible for payment if Customer's Affiliates contractor.Neither party controls the other,and neither party nor its do not pay charges in accordance with this Agreement. Affiliates,employees,agents or contractors are Affiliates,employees, Restrictive endorsements or other statements on checks are void.If agents or contractors of the other party. Customer does not dispute a charge in writing within 6 months after the License and Other Terms:Software,Purchased Equipment and Third-Party date of the invoice in which the disputed charge initially appears, Services may be provided subject to the terms of a separate license or Customer waives the right to dispute the charge.ACC Business may other agreement between Customer and either the licensor,the third- recover all costs(including attorney fees)of collecting delinquent or party service provider or the manufacturer.Customer's execution of the dishonored payments and may charge late payment fees(i)for Tariff or Pricing Schedule for or placement of an Order for Software,Purchased Guidebook Services,at the rate specified therein;or(ii)for all other Equipment or Third-Party Services is Customer's agreement to comply with Services at the lower ot 1.5%per month(18%per annum)or the maximum such separate agreement. rate allowed by law.ACC Business may require a deposit as a condition of Unless a Service Publication specifies otherwise,ACC Business'sole providing Services,and ACC Business may appiy such deposit to any responsibility with respect to Third-Party Services is to place Customer's charges owed. orders for Third-Party Services,except that AT&T or ACC Business may If a Pricing Schedule includes a MARC and Customer's MARC-Eligible invoice and collect payment from Customer for the Third-Party Services. recurring and usage charges after deducting discounts and credits and Equipment:Services may be provided using certain equipment owned by excluding taxes,regulatory charges and charges for Purchased Equipment AT&T that is located at the 5ite("AT&T EquipmenY'),but title to the AT&T in any applicable 12-month period are less than the MARC,Customer will Equipment will remain with AT&T,Customer must provide electric power pay the shortfall,and ACC Business may withhold contractual credits until for the AT&T Equipment and keep the AT&T Equipment physically secure Customer pays the shortfall charge. and free from liens and encumbrances.Customer will bear the risk of loss Termination and Suspension:Either party may terminate this Agreement or damage(other than ordinary wear and tear)to the AT&T Equipment. immediately upon notice if the other party becomes insolvent,ceases The Site is the physical location where ACC Business installs or provides a operations,is the subject of a bankruptcy petition or makes an assignment Service. for the benefit of its creditors. Except as specified in a Service Publication,title to and risk of loss of ACC Business may terminate or suspend an affected Service or Service Purchased Equipment shall pass to Customer on delivery to the transport Component and,if the activity materially and adversely affects the entire carrier for shipment to Customer's designated location. Agreement,terminate or suspend the entire Agreement,immediately AT&T or ACC Business retain a lien and purchase money security interest in upon notice if Customer:(i)commits a fraud upon AT&T or ACC Business; each item of Purchased Equipment and Vendor Software until Customer (ii)uses the Service to commit a fraud upon another party;(iii)unlawfully pays all sums due.AT&T or ACC Business is authorized to sign and file a uses the Service;(iv)abuses or misuses AT&T's network or Service;or(v) financing statement to perfect such security interest. interferes with another customer's use of AT&T's network or services. Prices,Pricing Schedule Term and Taxes:The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication.No promotion,credit,discount or waiver set forth in a Service Publication will apply.Unless the Pricing Schedule states otherwise,at the end of the Pricing Schedule Term,Customer may continue Service(subject to any applicable notice or other requirements in a Service Publication for Customerto discontinue a Service Component)under a month-to-month ACC Business MSA UA VER iii Page 2 of 5 ACC Business and Customer Proprietary Last Updated 11/16/2012 :,<��:�,r.,�ne Nuwc�or niar +Aa, �"1CC �� ACC BUSINESS MULTI-SERVICE AGREEMENT 3USINESS Customer may terminate an affected Service Component for material MERCHANTABILITY,FITNE55 FOR A PARTICUTAR PURPOSE,TITLE OR NON- breach by ACC Business if such breach is not cured within 30 days of notice. INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF ACC Business may terminate or suspend(and later terminate)an affected TRADE OR BY COURSE OF DEALING.FURTHER,AT&T OR ACC BUSINESS Service Component for material breach by Customer if such breach is not MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER cured within 30 days of notice. TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR If Customer fails to rectify a violation of the AUP within 5 days after notice INTERRUPTION(INCLUDING 911 CALLS)AND MAKES NO WARRANTY from ACC Business,ACC Business may suspend or terminate the affected REGARDING NETWORK SECURITY,THE ENCRYPTION EMPLOYED BY ANY Service Component.ACC Business may suspend or terminate immediately SERVICE,THE INTEGRI7Y OF ANY DATA THAT IS SENT,BACKED UP,STORED if:(i)the suspension or termination is a response to multiple or repeated OR LOAD BALANCED,THAT AT&T OR ACC BUSINE55'SECURITY AUP violations or complaints;(ii)ACC Business is acting in response to a PROCEDURES WILL PREVENTTHE LOSS OR ALTERATION OF OR IMPROPER court order or governmental notice that certain conduct must be stopped; ACCE55 TO CUSTOMER'S DATA AND INFORMATION OR THAT SERVICES WILL or(iii)ACC Business reasonably determines that:(a)ACC Business may be BE UNINTERRUPTED OR ERROR-FREE.AT&T OR ACC BUSINESS WILL NOT BE exposed to sanctions,liability,prosecution or other adverse consequences LIABLE FOR ANY DAMAGES RELATING T0:INTEROPERABILITY,ACCESS OR under applicable law if ACC Business allows the violation to continue;(b) INTERCONNECTION OF THE SERVICES WITH APPLICATIONS,DATA, the violation may harm or interfere with the integrity,normat operations or EQUIPMENT,SERVICES,CONTENT OR NETWORKS PROVIDED BY CUSTOMER security of AT&T's network or of networks with which AT&T or ACC OR OTHERS;SERVICE DEFECTS,SERVICE LEVELS,DELAYS,SERVICE ERRORS Business i�terconnects or may interfere with another customer's use of OR INTERRUPTIONS,INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING ACC Business services or the Internet;or(c)the violation presents imminent OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS risk of harm to AT&T or ACC Business,ACC Business'customers or its or (EXCEPT FOR LIABILITY EXPLICITLV SET FORTH HEREIN�;LOST OR ALTERED their respective employees. TRANSMISSIONS;OR UNAUTHORIZED ACCE55 TO OR THEFT,ALTERATION, Termination Charges:If prior to Cutover,Customer terminates a Service LOSS OR DESTRUCTION OF CUSTOMER'S OR OTHERS'APPLICATIONS, Component other than for cause or ACC Business terminates a Service CONTENT,DATA,PROGRAMS,INFORMATION,NETWORKS OR SYSTEMS. Component for cause,Customer(i)will pay any pre-Cutovertermination or Limitation of Liability:AT&T'S OR ACC BUSINESS'ENTIRE LIABILITY AND cancellation charges set out in a Pricing Schedule or Service Publication,or CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF ACC (ii)in the absence of such specified charges,will reimburse ACC Business for BUSINE55'BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER time and materials,including any third-party charges,incurred prior to the THIS AGREEMENT SHALL NOT EXCEED THE APPLICABIE CREDITS SPECIFIED effective date of termination. IN THE SERVICE PUBLICATION OR,IF NO CREDITS ARE SPECIFIED,AN Thereafter,if Customer terminates a Service or Service Component for AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE Customer's convenience or ACC Business terminates a Service or Service TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH Component for cause,Customer must pay:(i)50%(unless a different BREACH OCCURS AND CONTINUES.IN NO EVENT SHALL ANY OTHER amount is specified in the Pricing Schedule)of any unpaid recurring charges LIABILITY ATTACH TO AT&T OR ACC BUSINESS.THIS LIMITATION WILL NOT for the terminated Service Component attributable to the unexpired APPLY TO BODILY INJURY,DEATH OR DAMAGE TO REAL OR TANGIBLE portion of an appiicable Minimum Payment Period specified in the Pricing PROPERTY DIRECTLY CAUSED BY ACC BUSINESS'NEGLIGENCE OR Schedule or Service Publication,(ii)if termination occurs before the end of INTENTIONAL MISCONDUCT. an applicable Minimum Retention Period,any associated credits or waived ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER or unpaid non-recurring charges,and(iii)any access facilities cancellation ON AN"AS IS"BASIS. charges and other third-party charges incurred by ACC Business due to the NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY termination. CIRCUMSTANCES FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL, If Customer terminates a Pricing Schedule that has a MARC,Customer must PUNITIVE OR SPECIAL DAMAGES. pay an amount equal to 50%of the unsatisfied MARC for the balance of the These disciaimers and limitations of liability wili apply regardless of the Pricing Schedule Term. form of action,whether in contract,tort,strict liability or otherwise,of In addition,Customer may terminate an affected Service Component whether damages were foreseeable and of whether a party was advised of without incurring termination charges if(a)AT&T or ACC Business revises a the possibility of such damages.These disclaimers and limitations of liability Service Publication and the revision has a materially adverse impact upon wiil survive failure of any exciusive remedies provided in this Agreement. Customer;(b)Customer gives 30 days'notice of termination to ACC Indemnity:Customer agrees at its expense to defend,indemnify and hold Business within 90 days of the date of the revision;and(c)AT&T or ACC harmless ACC Business,its Affiliates and its and their employees,directors, Business does not remedy the materiaily adverse impact prior to the subcontractors and suppliers or to pay all damages finally awarded against effective date of termination."Materially adverse impacts"do not include such parties on account of a third-party claim where:(i)the claim arises changes to non-stabilized pricing,changes required by governmental from Customer's or a User's use of a Service;or(ii)the claim alleges a authority or assessment of,or assessment of or changes to additional breach by Customer,its Affiliates or Users of a Software license agreement. charges such as surcharges or taxes. Disclaimer of Warranties and Liability:AT&T OR ACC BUSINESS MAKES NO EXPRESS OR IMPLIED WARRANTY,DISCLAIMS ANY WARRANTIES OF ACC Business MSA UA VER iii Page 3 of 5 ACC Business and Customer Proprietary Last Updated 11/16/2012 �'�uq int0 ti.e pawCr ul AT&1 �., ACC � ACC BUSINESS MULTI-SERVICE AGREEMENT BUSINESS Import/Export Control:Customer and not AT&T or ACC Business is performed under this Agreement,but ACC Business will in each such responsible for complying with import and export control laws, case remain financially responsible for the performance of such conventions and regulations applicable to any equipment,software or obligations. technical information that Customer moves or transmits between Any claim or dispute arising out of this Agreement must be filed within countries. two(2)years after the cause of action arises. ARBITRAT�ON:ALL CLAIMS AND DISPUTES ARISING FROM THIS This Agreement does not provide any third party(including Users)the AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION right to enforce it or to any remedy,claim,liability,cause of action or ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER other right or privilege. ITS COMMERCIAL ARBITRATION RULES(SUBIECT TO THE Unless a regulatory agency with jurisdiction over the applicable Service REQUIREMENTS OF THE FEDERAL ARBITRATION ACT).ANY JUDGMENT applies a different law this Agreement will be governed by the law of ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A the State of New York,without regard to its conflict of law principles. COURT HAVING JURISDICTION.THE ARBITRATOR SHALL NOT HAVE THE The United Nations Convention on Contracts for International Sale of AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS Goods will not apply. AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS Except for payment of amounts due,neither party will be liable for any AGREEMENT,SHALL NOT HAVE THE AUTHORITY TO ORDER PRE- delay,failure in performance,loss or damage due to causes beyond HEARING DEPOSITIONS OR DOCUMENT DISCOVERY,BUT MAY COMPEL such party's reasonable control,including strikes and labor disputes. ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT Customer must send any notice required or permitted under this THE HEARING.THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND Agreement in writing to the ACC Business address set forth above. WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS;IF This Agreement constitutes the entire agreement between the parties THE PARTIES CANNOT WAIVE THESE RIGHTS,THIS ENTIRE PARAGRAPH concerning its subject matter.Except as provided in License and Other IS VOID. Terms,above,this Agreement supersedes all previous agreements, General Provisions:This Agreement and any pricing or other proposals whether written or oral. are confidential to Customer and ACC Business.Neither party may This Agreement may not be modified or supplemented without a publicly disclose any confidential information of the other party without writing signed by authorized representatives of both parties. the prior written consent of the other,uniess authorized by applicable Definitions: law,regulation or court order.Until directed otherwise by Customer in "Affiliate"of a party means any entity that controls,is controlled by or is writing,if ACC Business designates a dedicated account representative under common control with such party. as Customer's primary contact with ACC Business,Customer authorizes "API"means an application program interface used to make a resources that representative to discuss and disclose Customer's customer request from a remote implementer program.An API may include proprietary network information to any employee or agent of Customer coding,specifications for routines,data structures,object classes,and without a need for further authentication or authorization.Each party protocols used to communicate between programs. will comply with ali applicable laws and regulations and with all "AT&T Software"means software,including APIs,and all associated applicable orders issued by courts or other governmental bodies of written and electronic documentation and data owned by AT&T and competent jurisdiction. licensed by AT&T to Customer.AT&T Software does not include Each party is responsib�e for complying with the privacy laws applicable software that is not furnished to Customer. to its business.AT&Tand ACC Business shall require its personnel, "Customer Personal Data"means information that identifies an agents and contractors around the world who process Customer individual,that Customer directly or indirectly makes accessible to AT&T Personal Data to protect Customer Personal Data in accordance with or ACC Business and that AT&T or ACC Business collects,holds or uses in the data protection laws and regulations applicable to AT&T's and ACC the course of providing the Services. Business'businesses.If Customer does not want AT&T or ACC Business "Purchased EquipmenY'means equipment or other tangible products to comprehend Customer data to which it may have access in Customer purchases under this Agreement,including any replacements performing Services,Customer must encrypt such data so that it will be of Purchased Equipment provided to Customer.Purchased Equipment unintelligible.Customer is responsible for obtaining consent from and also includes any internal code required to operate such Equipment. giving notice to its Users,employees and agents regarding Customer's Purchased Equipment does not include Software but does include any and AT&T's and ACC Business'col�ection and use of the User,employee physical media provided to Customer on which Software is stored. or agent information in connection with a Service.Customer will only "Software"means AT&T Software and Vendor Software. make accessible or provide Customer Personal Data to AT&T or ACC "Third-Party Service"means a service provided directly to Customer by Business when it has the legal authority to do so.AT&T may monitor a third party under a separate agreement between Customer and the electronic transmissions across its network to maintain compliance with third party. its tegal and regulatory obligations and to operate,maintain and "Vendor Software"means software,including APis,and all associa�ed enhance the network and Services.Where required by law,AT&T or ACC written and electronic documentation and data AT&T or ACC Business Business may provide Customer Personal Data to third parties such as furnishes to Customer,other than AT&TSoftware. 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 ACC Business may:(i) assign in whole or relevant part its rights and obligations under this Agreement to an ACC Business Affiliate,or(ii)subcontract work to be ACC Business MSA UA VER iii Page 4 of 5 ACC Business and Customer Proprietary Last Updated 11/16l2012 �.uG i•+to il�e Wwe�ol l.iS� �. ��� I ACC BUSINESS MULTI-SERVICE AGREEMENT BUSINESS ACC Business MSA UA VER fii Page 5 of 5 ACC Business and Customer Proprietary Last Updated 11/16/2012 w �;r�''.R, �'r,�.-�aa+w,.�,�, v `;�.. ... . Y,�'�s� . . �y��a� ,°�i �'�:'., �`� ..,cE _�6,%�i: Rka�:nr.g R�L'*:.►'�.r r:t+1 AT.!�� �, ACC � �-���e �s�,.� �� ��� 400 West Ave Rochester, NY 14611 (888)286-2686 March 31,2016 Brad Gomberg The Village of Tequesta 345 Tequesta Drive ' Tequesta FL Reference: OTIS# 573437 Dear Brad Gomberg, Thank you for choosing ACC Business to service your telecom needs. Enclosed is your ACC Business contract. Please keep for your records. Sincerely, Christina Triano Countersign Contract Specialist CWR bgo m berg @teq uesta.org If your business makes outbound telephone solicitations, you must comply with Federal do-not-call laws and regulations {47 C.F.R. 64. 1200, and 16 C.F.R. 310}and any applicable state laws. The viitage of Teguesia Copy oi MtS Work6cok Nov 2015 v3 FdiS PSi&0 1 of 4 .1CC 1'StbH � � c+�:�F:t �<e Y ' � F'or Adreinislrqtire tiyr On1y `� r n Aiaa[er.�recment d:F.TJ818 ��� taus€�F55 J �tA'VAf>EOINTF,RhETSF.R4'IfE PRfC.TNG SfNEDI,I,E For Custudmr Scrvice Call t-888-2NG-2685 SEC:'i'Int�t. lCC 13lSIYESS ftEP[tESEiY'1`ATION Agent!Netentlon Mannser tiristie Arambula ,lgent Cnnlxct Perxon Src6-A.gent Cuntact Persan a Agent Emai!,i�dress Su6-Agent F.msi(Address 0 � Aqent Phone N Agent CfiAnae!tb q SuirAgent P6orse H Sab-Agent Cbaaacl!D N A�#87 u�s rrqrrrrr f 0 L Cmnpflny Nante 11. Bipeug Curnpaiiy M1ume: "1'he Village oiTequcsta T'he Vi�lage of"i'equcstn Campanv 357 T ucsta Drive Bitling i 345 Te uesta Drive Street Street 2 ri�Y Statc Zip Ca{e City Statc Zip CoAc Te uc5ta FL 33J69 1' uesia FL 33469 Cantacl 1'crson t3iifing Cnntect Ycrxon Abb i3rennan iiratt Gombe (:ontact Email adJress }Ziiling fiontact Email Address a6renaan!rzte uesta.oi b ombe �a;te uesta.or Phone N Fas#t BfHing Contact Phone H Fax# 56l 768 0700 -561 ld8 0554 iti.REQUfREp FOR A�l,: L.¢Rqi Cmnpuny Nxme i�'nrent Ca�apaoyj "Phe Vill��e oS"P ucstA SEC'P[Oti 3. YIIS SF,R\'ICE LOCA1'lON i�VFOR�ATfON FOR SINGI,E LOCATION Uemnrc Cm�i anv Nnme The Village uf Tequesta On-Site 4ornl Contncl Brad GOntb2rg Alt I.C.ON C.amact\xme Neme LCON re uire[! r� ���� 8ili DeviS LCON Phune t1 58f 788 0554 r uired Alt LCQN Nhm�e H rc uired 561 768 0553 LCQN F.mxil AdJress bg01116Bfg�tequeSta.01'g �L'1'LC03Y Emnit AdQress re uircHl re uireel wdaViS�tequestB.Otg LCQ?C Mobiie Phooe N 561 222 8589 ALT 1.CON itobile PAone# 0 Streci Uemarc Tek Uone H oCuexrest nei Uirorll��niuexs �57 Tp IIeStA T1Y1vC Primary Tecdnicnl Cnstonrer Contact ia�me(requireJ) 6emnrc Rootn S�I�Inor(r¢quirCJ lnsidrnddn Rrs�d Gambcr is fGe eestwaer4 rrs HinsiA(!i(v.) 357 TC UCSCB DYIL'C PYII71flYV�I�tCI1111CTI CItStO�IC('C411tACf PI100C N{Y!((1111'MJ� C'� 5tetc ZI CoJe 56I 222 65G9 C EtCSI'A Fl, 33dG9 PrimaryTcrhnicxlCnstumc�ContactEn�ailAddrtss(rtquireJ) Aetive pbnne aumber af Demare Ioeation(reqairecl) b 60tbC �te ueStA.Or 56l 768 0700 Additionai Techaicei Contact DedicnieJ AnaFog Ftwne#{r¢yulred fpr InCluded GPCJ ((o�trc•hr�lra/inlcrvicne m�d cw+�dfnatlna o i�eslallutfun) �` Addifionnl Technicni Cuatoincr Couteel Nnme Bitl Uavis :tJditio��ai TecAnical C:ustomer Con��ct Phove# 5&1�68 05fi3 Remn�ks: .lddidonaf 7'echnicxl Cnstomer Cadact Emni1 Address wdaeis^te uesta.or Is tbis site n C.arcier Hotel/bptA Center? Q Itres,who owns the Cerrier{Iotel/pntu Ce�nt:r? LSO NPA-NX�(IlYTF,RNAL USF.O�iLYy SEf'TiON 4A. ACCOC�7'AF,TAIG INRORMAT[ON Ne�x Accoi�nt:1'GS k;xisYi�g hccnmiu NO Accomd Ninn6er: SEG PlON 413. II1LL1tiG OP't'1pN5{reier to Billiug Options document,found on AJ.M.} STANDARD BILLI!YG {Sin te Accc�unt Itiliia) yg� CORPtlItATF,BILLIi�Gt; $6,50/mo.AdminLttraiire I�ee+ �� piny S3.00hno.rnch servfce�ocntionfi Corpurate itiliing Option: Sianderd•Single Locetion Dilling Cm•porate ttilling: (s t6e auove Servic¢adJreas t6e FIQ Location° Cor orate Qillin : Locatiun N 1 4t � RII.LIYG RF:POR"f 6P'T(ONS �lease�ravide sn ortin u�rwork): Acceas-+�-BiB 519.9.5 Qer month �n 8Ii•Lt�G CYCi.E�RilVbatc Preference) CYCLF,f4 fChimgrs marked by�pre nut sfabilized for thc 7'erm,are itlostreth•t m re0rct the currrnt Service Guide r»tes atnl x iSl rnrv in accordanee��rvi(h t6e cm�res m�din char es set forth in ihr Serviee Gnide. fi+CC Price Schedu{s 160 ACG 6usiness and�ustamer?ropnetary Upctated i it05120t5 ACC Business supplies this notice under the rules of the Florida Public Service Commission relating to business customer notifications. Please refer to your contract,tariffs and service guides for additional information. Business Service Information for Florida Customers Quality of Service -- You will find information concerning certain service quality measures in the AT&T tariff at htt�:/tservice�uide.att.com. Preferred Carrier Freezes—ACC Business offers you the opportunity to place a freeze on your preferred choice of local, local toll and long distance carriers. This service will help to prevent unauthorized changes in your choice of telephone providers. For more information on carrier freezes, please contact ACC Business at the toll-free number on your bill. Third Pariy Billing Service and Collect Calls -- Your ACC Business phone bill will only contain ACC Business charges. ACC Business does not bill for products or services provided by other carriers. For ACC Business Digital Link Customers Only— Please note that ACC Business Digital Link service does not provide collect calling. Slamming Complaints -- If you believe that your preferred carrier for local, local toll or long dis#ance service has been changed without your authorization, a practice known as "slamming," you may contact AT&T at 1-800-538-5345. If you reach AT&T after business hours, please leave a message and we will return your call the next business day. Please review your custom contract for additional information conceming the rates,terms and conditions of your services. Your telecommunications services are provided by certificated subsidiaries of AT&T Corp.