HomeMy WebLinkAbout[06e] Fiber Contract
(6e)
Council Agenda Item
MEETING DATE:
August 25, 2014
AGENDA ITEM:
Fiber Contract Extension
SUBMITTED BY:
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
In 2009 The City extended Fiber through Mid Continent to
service the water treatment facility, fire hall and maintenance shop. Adding the fiber to the Maintenance
Shop allowed adjoining property owners to have fiber, before they had to rely on wireless.
BACKGROUND INFORMATION:
The contract has expired with Mid Continent and the proposal in
the information is for three years. The service has served the City well and some of the facilities will see
in increased capability.
ATTACHMENTS:
Contract Documents
REQUESTED COUNCIL ACTION:
Authorize execution of the Fiber Contract with Mid Continent.
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�a8o��t MASTER SERVICE AGREEMENT
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These General Terms and Conditions along with any Exhibits, Attachments and Service Orders and Addendums together constitute the "Master
� Service Agreement"(`AgreemenT')is made by and between Midcontinent Communications, a South DakoYa General Partnership("MidcontinenP'),
with a principal place of business at 3901 N Louise Ave Sioux Falls SD 57107, and City of St Joseph, with a principal place of business at 25
College Ave N,St Joseph,MN 56374 on behalf of itself and its affiliates("Customer");each a"Party"and.collectively,the"Parties."
TERMS AND CONDITIONS APPL[CABLE TO ALL SERVICES that Midcontinent's failure to provide the Service by said date shall not
constitute a breach of this Agreement. Requests to expedite the
1. Service. Sabject to the tenns and conditions contained herein, installation schedule and availability date will be reviewed and accepted
Tariffs on file in each state and Federal Communications Commission at Midcontinent's discretio nd may be subject to additional fees.
(FCC), and the applicable usage policies as posted on �Expedite requests will also�e subject to any and all fees billed to
www.midcocomm.com, Midcontinent agrees to provide to Customer Midcontinent by other vendors in the support of the expedite request.
the service or services identified in the accepted Business Solutions Midcontinent shall use cominercially reasonable efforts to fulfill the
Service Order(s) (collectively, the "Service"). Except as required by expedite request, but does not warrant or represent that Service
law, Service is for end-use only and may not be resold by Customer. expedites requests will actually expedite delivery of Service. Customer
Custoiner is responsible for security and all usage of Service. shall be subject to any and all expedite fees regardless of the outcome of
the expedite request.
2. Service Order. Customer may purchase Services during the Term
of this Agreement by completing a Service Order. Customer shall 6. Additional Service Location. The location(s)where Service is to
contact Midcontinent to determine the availability of Service. As part of be initially provided will be identified in a Service Order ("Service
the Service Order, Customer may be asked to identify the location of Location"). Additional locations may be added by submitting a Service
Service,term of Service, type of Service requested, desired installation Order for the new Service Location. The new Service Location will be
date, and any other infonnation reasonably requested by Midcontinent subject to the terms of this Agreement upon Midcontinent-s acceptance
to determine the availability of Service. Upon receipt of Customer's and approva]of the Service Order.
properly completed Service Order, Midcontinent will review and
respond to Customer within a commercially reasonable amount of time 7. Replacement Service. The installation and Customer's use of the
of Midcontinent's receipt of a Service Order and either accept such Service is location-specific to the Service Location indicated in this
proposed Service in writing or email,or respond to Customer declining Agreement and any Service Order. Customer may terminate Service at
to provide the requested Service. By executing a Service Order, an existing Service Location without incurring Termination Fees
Customer represents and warrants that Customer: (a) either owns the provided that Customer arders and Midcontinent accepts the order for a
Service Location ar has received permission from the legal owner Replacement Service. The Replacement Service (a) must have a Term
and/ar any other necessary party of the Service Location to make any equal to or greater than the remaining Term of the existing Service;and
changes to the interiar and/or exterior necessary to install Midcontinent (b) must have monthly recurring charges equal to or greater than the
Equipment (as defined in Section 17); (b) is legally authorized to monthly recurring charges for the existing Service. In addition,
purchase and receive the Service and Midconrinent Equipment (if Customer must (a) submit a Service Order to Midcontinent for the
applicable) and fulfill its obligations under this Agreement; and (c) Replacement Service at least ninety (90) days prior to tenninating the
affirms that the information Customer supplies to Midcontinent is existing Service; (b)reimburse Midcontinent far any and all installation
correct, accurate and complete. Upon acceptance by Midcontinent, the charges that were waived with respect to the existing Service; and (c)
executed Service Order shall be incorporated into and subject to the pay the actual costs incurred by Midcontinent in installing and
terms of this Agreement. (For purposes of clarification, throughout the provisioning the Replacement Service.
remainder of this Agreement, references to Service Order shall mean a
Service Order that has been accepted by Midcontinent.) 8. Service Commencement Date. Midcontinent shall inform
Customer when Service is available and performing to the
3. Serviee Upgrade. At Customer's election and subject to specifications in the Service Order ("Availability Notification"). The
Midcontinent's approval and acceptance thereof;the Parties may amend tenn far Service shall commence and charges for Service shall begin to
this Agreement by executing a Service Order for additional quantities of acerue as of the Service Coinmencement Date. The Service
or functionality enhanced versions of Service. The Service Order shall Commencement Date shall be the earliest of: (a) the date on which
specifically reference, in addition to any other inforniation required to Customer confinns receipt of and concurrenee with the Availability
be set forth in a Service Order, the additional quantities and/ar Notification; (b) five (5} business days following the date of the
functionaliry enhanced versions of Service desired by Customer to be Availability Notification, if Customer fails to notify Midcontinent that
provided by Midcontinent thereunder. the Service does not co�nply materially with the specifications set forth
in the Service Order; or (c) the date on which Customer first uses the
4. Eugineering Review. Each Service Order submitted by Customer Service. The Service Commencement Date will not be delayed or
shall be subject to an Engineering Review by Midcontinent. postponed due to problems with Customer's equipment or Customer's
Midcontinent will provide Customer written notification in the event lack of readiness to accept or use Service. However,if Customer has an
Service installation at any Service Location will require any additional account balance that is more than sixty(60)days past due,Midcontinent
fees. Customer will have five (5) business days from receipt of such at its sole discretion may postpone Service activation until payment is
notice to reject the new fees and terminate, without further liability,the received. A single Service Order containing multiple Service Locations
Service Order with respect to the affected Service Location. or Services may have multiple Service Commencement Dates.
5. Installation Schedule. Midcontinent shall provide Customer with 9. Term. This Agree�nent shall be effective upon the signature of the
an estimated availability date for each Service and Service Order. Parties and Midcontinent's acceptance of this Agreement. This Master
Midcontinent shall use commercially reasonable efforts to provide the Service Agreement shall remain in effect until the expiration or
Service on or before the estimated availability date; provided,however, tennination of the Term (initial or any renewal) of the last Service
MSA v0814 (Page 1 01�6)
Midcontinent MASTER SERVICE AGREEMENT
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Order executed pursuant to this Agreeinent. The Term for Service shall and including the date service was initially available, to correct any
be specified in the Service Order and will commence upon the Service billing errors.
Commencement Date. If multiple Service Orders are executed for
different Services at one Service Location, the Term for Service will a E-Rate. Customers applying for or receiving Schools and Libraries
commence upon the Service Commenceinent and shall re�nain in effect or Rural Health Care subsidies, or funds from any other subsidy ar
until the expiration of any Service at that Service Location.The Term of reimbursement program, remain responsible for the entire account
Service at one Service Location does not affect the Term of Service at balance. Customer must timely submit all information requested by and
any other Service Location. comply with all rules imposed by the program sponsor; for example,
USAC.Notwithstanding Section 1 lb,Customer must pay its anticipated
10. Service Order Renewal. Upon expiration, all Service Orders portion of any invoice within sixty (60) days of the invoice date to
shall automatically renew for successive one (1) year terms and the avoid incurring any late payment charges.
price of Service will be adjusted to the then current one year rate for
Service or its then current equivalent. Provided however, either Party d. This provisioning of Service to Customer is predicated on
may notify the other in writing of the Party's intent to cancel Service at Customer's credit verification and approval by Midcontinent. Customer
least thirty (30) days prior to the expiration of any then existing tenn. authorizes Midcontinent to receive information about Customer's credit
An automatic renewal of any Service at a Service Location will history .from others and enter that into Midcontinent's records.
automatically renew all Services at that Service Location for�natching Midcontinent may, in its sole discretion,deny Service ro Customer, or,
term lengths. � at its sole discretion,require a deposit or some other form of security to
ensure payment for Service.
11. Charges&Payments.
a. Customer shall pay the monthly recurring charges (MRC) 12. Disputed Charges. In the event Customer disputes any portion of
associated with Service as specified in the Service Order in advance of a Midcontinent invoice, Customer shall pay the undisputed portion of
the month in which Service is provided. Any applicable surcharge, the invoice by the due date, and shall submit to Midcontinent a written
federal, state, local use, excise, franchise fee, or sales tax or similar claim far the disputed amount, which claim shall set forth with
levy, chargeable to or against Midcontinent because of the Service specificity Customer's grounds for such dispute. All disputes must be
provided to Customer, shall be charged to and paid by Customer in raised and claims submitted to Midcontinent within sixty (60) days of
addition to the Service charge and other charges under this Agreement. the date of the invoice such claims shall be deemed waived and invoices
Except as otherwise indicated herein or in the applicable Service Order, shall be deemed correct. In the event the dispute is resolved against
the MRC for Service will not increase during the Service Term. Customer, Customer shall pay such amounts plus interest at the rate
Provided,however,if Customer is receiving Service under a promotion, referenced and calculated in accordance with Section 1 1 c. If the Parties
after the promotional period ends, regular charges for the Service will are unable to resolve any dispute timely brought by Customer, either
apply. In addition,charges may increase with or without notice in those Party may pursue legal or equitable remedies available.
cases where a third party vendor of resold services raises rates to
Midcontinent, or the change in price is related to a change in 13. Credits. Any credits granted to Customer for any reason wil) be
governmenta] or quasi-governmental taxes, fees, ar assessments. applied towards the account balance. lf the credit exceeds the current
Custo�ner may also incur charges for usage based services and from account balance, the credit will be carried over to apply to the next
third party service providers that are separate and apart from the invoice(s) until the credit is fully applied. Under no circumstances
amounts charged by Midcontinent for Service. These charges inay be (except far end of service credits) will Midcontinent issue a check to
billed monthly in arrears. Customer agrees that all such charges, Customer for pay�nent on any type of credit.
including all applicable taxes,are Customer's sole responsibility.
14. Termination; Termination Fee. If Customer cancels any Service
b. Customer is responsible for pa}nnent for all charges within thirty (other than as a result of Midcontinent's default under Section 15)or if
(30)days of the invoice date. Any charges not paid within such period Midcontinent tenninates any Service pursuant to this Section, Section
will be considered past due. Customer's first invoice will include all 15 ar Section 25, then Customer shall pay Midcontinent a Termination
non-recurring charges (NRC) and the MRC and may include prorated Fee in the a�nount of(a)the lesser of(i)twelve(12)months of service
charges for use since the Service Commencement Date. Midcontinent charges or(ii) the service charges payable during the remainder of the
does not waive its right to collect the full amount due if Customer's term plus (b) actual expenses incurred by Midcontinent to initiate
payment is late or remits a partial payment;even if Customer's payment Service, any installation charges waived and any discounts or credits
includes the words '`Paid in FuIP' ar similar words on any issued under this Agreement.If Customer is subject to early termination
correspondence or check. Midcontinent will detennine how to apply fees and has inultiple Service Locations, the early termination fee is
any partial payment to the outstanding charges. Custoiner shall be applicable only to the Service Location(s) discontinuing Service(s).
subject to a late fee of five dollars($5.00) far any bill not paid within Either Party may cancel this Agreement without liability if
thirty(30)days of the invoice date and interest at the rate of one-and-a- Midcontinent is prohibited from furnishing Service, or if any material
half percent (1.5%) per month will accrue upon any unpaid amount rate or term contained herein is substantially changed by final order of a
commencing thirty(30) days after invoice date. The ininimum late fee court,administrative agency,or other tribuna]of competent jurisdiction.
charge per month is five dollars ($5.00), unless prescribed by law, in Customer is responsible for all fees that Midcontinent incurs from third
which event at the highest rate allowed by law. If Midcontinent utilizes party vendors as a part of the tennination of Service. The Parties agree
a collection agency or attorney to collect any amount owed by that the Termination Fee is not a penalty, but rather the Parties' best
Customer or any unreturned Midcontinent Equipment,Customer agrees estimate of the actual losses to be incurred by Midcontinent as a result
to pay all reasonable costs of collection or other action. The remedies of such early termination.A WAIVER BY MIDCONTINENT OF ANY
set farth herein are in addition to and not in limitation of any other PART OF AN EARLY TERMINATION FEE SHALL NOT BE
rights and remedies available to Midcontinent under the Agreement or CONSIDERED AS A WAIVER OF ANY OTHER TERMINATION
at law or in equity. Midcontinent reserves the right to back-bill up to FEE ASSESSED AT A LATER DATE.
MSA v0814 (Page 2 of 6)
Midcantinent MASTER SERVICE AGREEMENT
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15. Suspension or Termination. improper use ar maintenance of the Midcontinent Equipment by
a. Midcontinent may immediately suspend ar tenninate Service if: (i) Customer or third parties provided access to the Midcontinent
Customer fails to pay all delinquent charges within seven(7)days after Equipment by Customer in violation of this Section. Customer shall be
written notice thereof is given by Midcontinent,or(ii)Customer fails to responsible for any damage to Midcontinent Equipment to the extent
pay any sum due to Midcontinent for mare than thirty(30)days,ar(iii) arising from the improper use or maintenance thereof by Customer or
Customer fails, within thirty (30) days after written notice, to comply third parties provided access to Midcontinent Equipment by Customer.
with this Agreement or any applicable tariff, or(iv) a violation of any Customer agrees to allow Midcontinent to remove the Midcontinent
regulation,rule or law of any governmental authority has occurred or is Equipment from Customer's premises after termination, expiration or
occurring, ar (v) Midcontinent suspects fraudulent usage, or (vi) cancellation of the Service in connection with which the Midcontinent
Customer is in default under any other agreement with or obligation to Equipment was used, and for maintenance, repair, replacement or
Midcontinent and has not cured such default within any applicable cure otherwise as Midcontinent may determine is necessary or desirable
period. Customer may terminate Service if Midcontinent fails, within from time to time. If Customer fails to permit sueh retrieval or if the
thirty (30) days after written notice is received by Midcontinent, to retrieved Midcontinent Equipment has been damaged and/or destroyed
comply with any material provision of this Agreement. ln addition, other than by Midcontinent or its agents, normal wear and tear
either Party may terminate Service or this Agreement if the other Party excepted, Midcontinent may invoice Customer for the manufacturers
(a)files a voluntary petition far bankruptcy, (b) an involuntary petit�on list price of the relevant Midcontinent Equipment, or in the event of
for bankruptcy is filed against it and not dismissed within sixty (60) minor damage to the retrieved Midcontinent Equipment, the cost of
days,or(c)makes an assignment for the benefit of creditors. repair, which amounts shall be immediately due and payable.
Midcontinent retains the right to remove the Midcontinent Equipment
b. Midcontinent reserves the right to delete Customer's voicemail, for a period of three (3) months following Midcontinent's
call detail, data, email, files ar any other information of Customer on discontinuance of Service to the Service Location.
the Midcontinent servers or systems thirty(30) days after Customer no
longer receives Service from Midcontinent. 18. Facilities. Customer shall allow Midcontinent access to the
Service Location to the extent reasonably necessary for the Service.
c. The rights and remedies granted to a nondefaulting party pursuant Customer shall provide and maintain faciGties at the Service Location
to this Section 15 shall be in addition to all other rights and remedies suitable for the provisioning of the Service. Proper facilities shall
such nondefaulting party may have at law or in equity. Failure or delay include, but may not be limited to, adequate space, sufticient electrical
by a party in exercising a right or remedy shall not preclude the]ater power and proper operating environment, including heating, cooling,
exercise thereof. The defaulting party shall be responsible for the and air quality, for the necessary equipment. Customer will ensure
reasonable legal fees and expenses incurred by the nondefaulting party Midcontinent has the right and,with reasonable notice,ability to access
in exercising its rights and remedies. the facility space, building conduits and wiring for installation,
inspection, maintenance, operation and removal of all Midcontinent
16. Customer Equipment. Midcontinent Technicai Support is not Equipment related to the Service. Customer shall also ensure the
responsible for end-user support of issues not directly related to Service. Service Location is secure and safe from hazards to the facilities,
This includes, but is not li�nited to, Customer operating systems, Midcontinent Equipment and to Midcontinent's employees, agents and
Customer provided equipment or Customer application support. contract�rs. Midcontinent shall be responsible for any dvnage to the
Equipment and services on Customer's side of the Demarcation Point Service Location to the extent arising from the improper use of the
are the responsibility of Customer. Midcontinent shall not be facilities by Midcontinent or third party agents or contractors acting on
responsible far the operation, support ar maintenance of any Customer Midcontinent's behalf during such installation, inspection or
provided equipment, nor shall Midcontinent have any liability maintenance activities.
whatsoever for the configuration, management, or perfonnance of
Customer provided equipment. All Customer provided equip�nent and 19. Disruption of Service. Midcontinent does not warrant that the
wiring that Customer used in connection with the Service must be fully Service or Midcontinent Equipment will be uninterrupted,errar-free,or
compatible with the Service. If changes in technology occur that make free of latency or delay,or that the Service or Midcontinent Equipment
Service obsolete without Customer upgrading its equipment and/or will meet Customer's requirements. The Service is not fail-safe and is
wiring,and Customer is unable for any reason to upgrade,Midcontinent not designed or intended for use in situations requiring fail-safe
has the right,but not the obligation,to tenninate this Agreement and/or performance or in which an error or interruption in the Service could
any affected Service Order upon sixty(60)days notice. lead to severe injury to business, persons, property or environment
("High Risk Activities"). These High Risk Activities may include,
1"7. Midcontinent Equipment. Midcontinent Equipment is defined as without limitation, vital business ar personal communications, or
any equipment that is owned by Midcontinent or by a third party which activities where absolutely accurate data or information is required.
has been provisioned by Midcontinent to Customer. This equipment
includes all transmission equipment, wiring and lines installed by 20. Limit of Liability.
Midcontinent (or its contractor) and located on the Property of a. Midcontinent shall not be liable for and credit shall not be given
Customer. Midcontinent Equipment shall not become a fixture of the for any failure or interruption of Service caused by acts of Cod, strikes,
property or part of the premises. Customer shall not, and shall not emergencies, mechanical failure, cable cut, regulatory or other
pennit others, without the prior written consent of Midcontinent, to(a) governmental action, action or inactions by Customer, its employees,
reanange, disconnect, remove, attempt to repair, or otherwise tamper agents, invitees, a breach of this Agreement by Customer or any other
with any Midcontinent Equipment,(b)use any Midcontinent Equipment cause beyond Midcontinenf s control.
for any purpose other than that for which Midcontinent provides them,
or (c) take any action that causes the imposition of any lien or b. 1N NO EVENT SHALL MIDCONTINENT BE LIABLE FOR
encumbrance on the Midcontinent Equipment. In no event shall SPECIAL OR CONSEQUENTIAL DAMAGES. MIDCONTINENT
Midcontinent be liable to Customer or any other person for interruption HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPLICIT OR
of Service or any other loss, cost or damage caused by or related to IMPLIED, 1NCLUDING THE IMPLIED WARRANTIES OF
MSA v0814 (Page 3 of 6)
�dcontinent MASTER SERVICE AGREEMENT
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR enter into any settlement without Customer's advance written consent in
PURPOSE. LIABILITY OF MIDCONTINENT UNDER THIS which a full and fina] release of such Claim in favor of Customer
AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT Indemnified Parties is not obtained as a result of the setflement, or any
ACTUALLY PAID TO MIDCONTINENT BY CUSTOMER FOR admission ar affirmative obligation is required or placed upon Customer
SERVICES HEREUNDER AT A SPECIFIC GOCATION DURING ]ndemnified Parties.
THE PRECEDING TWELVE(12)MONTHS.
22. Content. Midcontinent does not operate ar control the content
c. IN NO EVENT SHALL MIDCONTINENT, OR ITS transported over the Service. Midcontinent shall have no liability or
ASSOCIATED PARTIES, SUPPLIERS, CONTRACTORS OR responsibility for Customer created content or any communication
L[CENSORS BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM transmitted via the Service hereunder. Customer shall defend,
ARISING OUT OF OR RELATED TO: (i) STORED, indemnify and hold harmless Midcontinent from any and all third party
TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; claims (including claims by govermnental entities seeking to impose
(ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS OR penal sanctions)related to such content,and from any and all third party
THIRD PARTIES; (iii) INTEROPERABILITY, INTERACT]ON OR claims relating to Customer�s use of Service hereunder. Customer shall
INTERCONNECTION OF THE SERVICE WITH APPLICATIONS, make no claim against Midcontinent regarding said content, or
EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY respecting any information, product, service, software or other item(s)
CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR ordered through or provided by virtue of the Service.
DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE,
FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER 23. Public Performance of Copyrighted Works. Midcontinent has
HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE no authority to grant any license for the public performance of
1T. copyrighted works. If Customer intends to play publicly any audio or
visual content provided via the Service, Customer is advised that
2l. Indemnification. additional fees may be owed to copyright holders or public performance
a. Customer agrees, at its own expense, to inde�nnify, defend and licensing organization such as ASCAP or BMI in certain situations.
hold harmless Midcontinent and its directors, employees,
representatives, officers and agents, (the '`Midcontinent Indemnified 24. Legal Application. This Agreement will be governed by the]aws
Parlies") against any and all third party claims, liabilities, lawsuits, of the state of South Dakota and any claims hereunder shall be brought
damages,losses,judgments,costs,fees and expenses,including but not in the state or federal courts located in Minnehaha County, South
limited to, reasonable attorneys' fees and court costs, (collectively. Dakota. No term or provision of this Agreement shall be deemed
"Claims")incurred by and/or brought against Midcontinent Indemnified waived and no breach excused unless such waiver or consent is in
Parties, to the full extent that such Claims arise from: (i) Customer's writing and signed by the Party claimed to have waived or consented.
noncompliance with the terms of this Agreement and/or any ar all This document, Exhibits, Attachments, Service Orders, and
Service Orders; (ii) Customer's ar their users failure to comply with Midcontinent's Acceptable Use Policy (as presented on
applicable laws or violation or infringement upon the rights of any other www.midco.net) represent the entire Agreement between the Parties
party, including, without limitation, contractual rights, intellectual and supersedes all prior conversations, representations, promises, and
property rights,publicity and privacy rights and the rights against libel, warranties (expressed or implied) made priar to or at the time of the
defamation and slander; (iii) Customer's use or misuse of the Service, signing of this document. This Agreement may be amended only in
including claims resulting from usehnisuse of the Service by Custo�ner's writing signed by an authorized representative of each Party. If any
users and/or the content of any communications transmitted via the action at law or equity is necessary to enforce the terms of this
Service; (iv) Customer's willful misconduct; and/or (v) physical Agreement, the prevailing Party shall be entitled to reasonable
damage to personal or real property or bodily injury, including death, attorneys' fees, costs, and expenses, in addition to any other relief to
caused by the negligent or willful misconduct of Customer or which it may be entitled. Each of Midcontinent's rights and remedies
Customer"s users, its employees or contractors, at the Service Location under this Agree�nent shall be cumulative and additional to any other or
during the installation or maintenance of equipment in connection with further rights or remedies provided in law or equity or otherwise.
Service. Custoiner shall have full authority to settle any such Claims;
provided, however, that it may not enter into any settlement without 25. Assignment. This Agreement is binding upon the heirs, devisees,
Midcontinent's advance written consent in which a full and final release successors, and assigns of each Party. Provided, however, Customer
of such Claim in favor of Midcontinent Indemnified Parties is not shall not assign or transfer its rights or obligations under this Agreement
obtained as a result of the settlement, ar any admission or affirmative without prior written consent of Midcontinent, which consent shall not
obligation is required or placed upon Midcontinent Indemnified Parties. be unreasonably withheld, and further provided that any assignment or
transfer without such consent shall entitle Midcontinent to terminate the
b. Midcontinent agrees,at its own expense,to indemnify,defend and Service at its option upon ten(10)days prior written notice. In the event
hold harmless Customer, its directors, officers, employees, agents Customer changes ownership, if the remaining term of this Agreement
and/or representatives ("Customer Indemnified Parties�') fro�n and is not assumed by the new owner, or if a new Agreement is not signed
against any and all third party Claims incurred by and/or brought with Midcontinent for]ike services by the new owner,Customer will be
against Custo�ner Indemnified Parties to the full extent that such Claims held accountable for any applicable Tennination Fees as defined in
arise from: (i) physical damage to personal or real property ar bodily Section 14 of this Agreement. Midcontinent may assign this Agreement
injury,including death,caused by the negligent ar willful misconduct of without consent to any affiliated entity or to any successar in interest
Midcontinent,its employees or contractors,at the Service Location as a whether by merger, reorganization or transfer of all or substantially all
direct result from Midcontinent's installation, removal or maintenance of its assets or otherwise.
at the Service Location of the Midcontinent Equipment; and/or (ii)
Midcontinent's failure to comply with applicable laws; and/or (iii) 26. Con�idential Information. "Confidential Information" includes
Midcontinent's willful misconduct. Midcontinent shall have full but is not limited to any and all business, technical, or third party
authority to settle any such Claims; provided, however,that it inay not information (including but not limited to rate information, discounts,
MSA v0814 (Page 4 of 6)
Midcontinent MASTER SERVICE AGREEMENT
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network information, trade secrets, marketing plans, tinancial data, criteria, or if the person is listed as an authorized user or authorized
specifications, drawings, and documentation) provided, disclosed, or vendor on the Service Order, Midcontinent may assume the individual
made available to one party (the "Disclosing Party") to the other (the is an authorized user on the account and will follow that individual's
"Receiving Party')under this Agreement that is either identified as. or direction. Alternately, Customer�nay provide to Midcontinent a list of
reasonably understood to be,confidential or proprietary.The Receiving authorized users. Custo�ner will be responsible for the maintenance of
Party wilL• (a)not use Confidential Information of the Disclosing Party this list. Someone desiring to make a material change to Service must
for any purpose other than the fulfillment of its obligations under this be noted on Customer's account as an autharized user. Midcontinent
Agreement and(b)protect and treat all Confidential Information of the will not be held liable for following the direction of qualified or
Disclosing Party with the same degree of care as it uses to protect its authorized users.
own Confidential Information of like importance, but in no event with
less than reasonable care. In the event the Receiving Party is required to 31. Electronic Signature. This Agreement may be executed by the
disclose Confidential Information of the Disclosing Parry pursuant to Parties by electronic signature. The Parties agree that an electronic
law,the Receiving Party will notify the Disclosing Party of the required signature is the legal equivalent of a manual printed signature on the
disclosure, if permitted,with sufficient time far the Disclosing Party to Agreeinent; thus, an electronic signature is also a valid consent to be
seek relief, will cooperate with the Disclosing Party in taking legally bound by this Agreement's tenns and conditions. The Parties
appropriate protective measures,and will make any such disclosure in a also agree that no certification authority or other third party verification
fashion that maximizes protection of the Confidential Information from is necessary to validate an electronic signature and that the lack of such
further disclosure. Confidential Information also includes the tenns and certification or third party verification will not in any way afFect the
conditions of this Agreement.Confidential Infonnation does not include enforceability of an electronic signature or any resulting Agreement
information that the Receiving Party can clearly establish by written between the parties.
evidence: (a) is or becomes known to the Receiving Party from a third
party without an obligation to maintain its confidentiality; or (b) is or 32. Survival. The provisions of Sections 1 1, 12, 14, 15, 17,21,24 and
becomes generally known to the public through no act or omission of 27,together with any provisions of this Agreement that by their nature
the Receiving Party;ar(c)is independently developed by the Receiving are meant to survive, shall survive the termination or expiration of this
Pariy without the use of Confidential Infonnation of the Disclosing Agreement.
Party.
33. Severability. Any provision of this Agreement held or detennined
27. No Third Party Beneficiaries. This Agreement shall be binding by a court (or other legal autharity) of competent jurisdiction to be
upon, enforceable by, and inure solely to the benefit of each Party illegal, invalid or unenfarceable in any jurisdiction shall be deemed
hereto as well as their successors and assigns. Nothing in this separate, distinct and independent, and shall be ineffective only to the
Agreement, express or implied, is intended to or shall confer upon any extent of such holding or determination without (a) invalidating the
third party any right, benefit, or reinedy of any nature under or by remaining provisions of the Agreement in that jurisdiction or (b)
reason of this Agreement. affecting the IegaGty,validity or enforceability of such provision in any
other jurisdiction.
28. Notice. Any notice reyuired or permitted to be given hereunder
shall be(a)in writing,(b)effective upon the earlier ofreceipt or five(5) 34. Relationship of Parties. Nothing in this Agreement shall be
days after deposit with the respective courier or United States Postal construed as creating a joint venture or partnership between the Parties
Service,and(c)delivered by one of the following means:(i)by prepaid, hereto. Neither Party has or shall have any authority to bind, assmne
nationally recognized,overnight package delivery or courier service;ar any obligation for ar incur any debt on behalf of the other Party in any
(ri)by the United States Postal Service,first class,certified mail, return respect whatsoever.
receipt requested, postage prepaid. In addition to actual receipt by a
Party, the following shall constitute receipt (a) a Party's rejection or 35. General Terms. Customer's use of Midcontinent's Services is
other refusal to accept notice,and(b)the inabiliry to deliver notice to a specifically subject to this Agreement.and Customer's agreement to: (a)
Party because of a changed address of which no notice has been the Midcontinent Acceptable Use Policy, Privacy Policy, and General
provided in accordance with this Section and received by the other Terms and Conditions found at www.midco.net(the"General Terms").
Party. All notices given under the Agreement shall be addressed to the which may be modified by Midcontinent from time to time in
following addresses of the Parties: with respect to Customer, to the accordance with the General Terms and applicable law, and which are
address set forth in a Service Order,or with respect to Midcontinent,to: incorporated herein by reference and made part of this Agreement; and
Midcontinent Communications, Atm: Vice President of Business (b) applicable Midcontinent tariffs on file with the appropriate
Solutions, 3901 North L,ouise Avenue, Sioux Falls, SD 57107. Each regulatory body.
Party may change its respective address(es) for legal notice by
providing notice to the other Party. 36. Order of Precedence. In the event of a conflict or inconsistency
between any Service Order and the remaining terms and conditions of
29. Authority. Each signatory to this Agree�nent does hereby this Agree�roent, the following is the arder of precedence: 1) the
represent and warrant that he/she has the authority to execute this applicable Service Order; 2)the General Terms and Conditions; and 3)
Agreement on behalf of the Party to this Agreement for whom he/she is any applicable and executed Exhibits or Attaehments.To the extent that
executing this Agreement. this Agreement is inconsistent with the terms of Midcontinent's tariffs,
the terms of the tariffs shall prevail.
30. Customer Representatives. Following the Service
Commencement Date, someone seeking suppart of, or desiring to make
non-material changes to Service on behalf of Custoiner will be yualified [�/re�e»>n»,�e,o/�rlxts page w�rr.s t�,renno�,ativ[e�r blanh.�
by Midcontinent. If the individual can meet cursory qualification
MSA v0814 (Page 5 of 6)
Midcontinent MASTER SERVICE AGREEMENT
�BusUeaa Salutinns'
�,
� � �'i��'1'��Ex[1"!S ���1{�1ttt7TT3
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly respective authorized representatives
as of the Effective Date.
COSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
NAME�PLEASE PRINT� NAME(PLEASE PRiNT�
BUSINESS SOLUTIONS CONSULTANT
�'7TLE �]'ITI.E
DATE DATE
Midcontinent Communica[ions is an Equal Opportunity/Affirmative Ac[ion employec M/F/D/V
Midcontinent Internal Use:MSA#i 2014�g-339
MSA v0814 (Page 6 of 6)
ATTACHMENT TO
,�de°n,t�ent MASTER SERVICE AGREEMENT
��.., �� ��� ��� � � � n�; � _ �
«�� , �� '� � Ethe�r�raet'l����a��C��ur��a������ ° �_
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TERMS AND CONDITIONS APPLICABLE TO ETHERNET confirms proper installation and functionality of the Service in
VIRTUAL CONNECTION SERVICE accordance with this 5ection,then the Service will be deemed accepted
as of the fifth day following Midcontinent's original installation notice
1. Services Warranty. Each level of Service has limits on the and any further failure ar refusal on the part of Customer to be ready to
maximum throughput rate at which Customer may send and receive receive the Services shall neither relieve Customer of its obligation to
data at any time. Midcontinent guarantees Service perfonnance to the pay the applicable Charges and fees, nor constitute a breach or default
Demarcation Point. Equipment installed on Customer's side of the under this Agreement by Midconrinent. Acceptance of the Service by
De�narcation Point can and may affect performance of the Service. Customer pursuant to this Section shall not be deemed a waiver of any
Midcontinent makes no representation regarding the performance of rights Customer may have with respect to the availabiliry,
Service on Customer's side of the network. THE ABOVE SERVICE serviceability, performance, operation or other attributes of the Service
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, that are described elsewhere within this Agreement or the associated
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED Service Order. Rates and charges for Service shall be set forth in the
WARRANTIES OF MERCHANTABILITY OR F]TNESS FOR A respective Service Order. Charges for additional services required for
PARTICULAR PURPOSE. installation or use of such Services shall also be set forth on the
applicable Service Order as agreed by the Parties. Billing to Customer
2. Off-Net Services. Off-Net Services may be provided to a Service for recurring charges with respect to Service will commence on the date
Location under this Agreement that is outside of Midcontinent's service on which Customer accepts or is deemed to have accepted such
area and/or a Service Location that is within Midcontinent's service Services in accordance with this Section, or as otherwise stated in the
area but that is not readily accessible by Midcontinent's network Service Order. Non-recurring charges may be billed at the times
facilities. Customer understands and agrees Yhat Midcontinent, upon designated by Midcontinent.
entering into a Service Order with Customer may, at Midcontinent's
discretion, utiliae Off-Net Services to deliver the Service. All Off-Net 4. Demarcation Point. The Demarcation Point shall be the point of
Services are provided by third party service providers and may be interconnection between the Service and Customer's provided
subject to additional terms and conditions. For Off-Net Services, the equipment located at a Service Location. In some cases the
length of Term for Service at a particular Service Location will match Demarcation Point shall be the User to Network Interface(UNI)port on
the tenn Midcontinent is able to secure with the Off-Net service Midcontinent Equipment at a Service Location.
provider.Fees for Off-Net services will include the cost of the Service,
any fees imposed by the Off-Net provider, taxes, fees as well as any 5. User Responsibility. In arder to utilize the Service provided by
administrative or overhead expenses. Fees and expenses for Off-Net Midcontinent, the Customer will need certain computer network
Services may change without notice. Maintenance of Off-Net Services equipment. It will be the responsibility of Customer to provide,operate,
is outside of Midcontinent's control and maintenance outages may and maintain, all at Customer's expense, all such necessary computer
occur without notice. In the event Customer terminates Off-Net netwark equipment.The Customer shall also be responsible for security
Services following Midcontinent's acceptance of the applicable Service related to the Customer's use of and access to the Service. No user
Order but prior to the end of the applicable Term, Customer shall pay access security will be provided by Midcontinent. Midcontinent shall
termination fees equal to one hundred percent(100%) of the monthly not be liable in any manner to the Customer for Midcontinent's failure
recurring charges remaining through the end of the term plus one or inability to detect or identify security breaches. Customer agrees to
hundred percent (100%) of any remaining, unpaid installation fees. comply with Midcontinents Acceptable Use Policy;as such policy may
Customer shall also pay any third party service provider ancillary fees be modified from time to time. The Midcontinent Acceptable Use
incurred by Midcontinent due to the early termination of Service by Policy can be accessed through the Midcontinent website at
Customer. www.midco.net.Customer shall not use the Service to provide access to
online services that Customer hosts on Customer's computer system or
3. Aeeeptance Testing. Upon co�npletion of installation,testing and to provide electronic services of any nature to any third party.
activation of each Service,Midcontinent shall notify Customer that such
Service is installed and functioning properly for Customer's use. 6. Unauthorized Use. Midcontinent does not warrant or guarantee
Customer may, in its discretion, conduct any reasonable tests of the that it can prevent unauthorized use or misuse. Midcontinent shall not
Service within five(5)business days after receipt of such notice(except be liable far any da�nages, including charges far Service under this
as another timeframe is agreed to by the Parties under the applicable Agreement that Customer may incur as a result of unauthorized use or
Service Order) to confirm that the Service has been installed and is misuse of the Service by Customer's employees,customers,contractors,
functioning properly. Unless Customer transmits written notice to agents, other third parties, or the public. Customer will remain
Midcontinent within such five (5) business day period (or such other responsible for all charges.
time period in the applicable Service Order) that the Service is not
installed and functioning properly, Customer shall be deemed to have 7. Online Reporting. Midcontinent may provide Customer with a
accepted the Services as of the end of such five(5)business day period. passward-protected web portal to access online real time performance
In the event Customer notifies Midcontinent within the time period data regarding the circuit and reports containing historical network
stated above that the Service is not installed and functioning properly, traffic information.Reports may vary based upon the Service.
then Midcontinent shall, within five (5) business days after receipt of
such notice, (a) commence efforts to correct any deficiencies to ensure
that the Service is installed and functioning properly and deliver a new [T��e��e�nar��de��o���n�s�age Was t�,ie�,�ionnth,ie/t bim�x.7
Service activation notice to Customer,ar(b)confinn that the Service is
correctly installed and functioning properly (along with supporting
documentation). The procedure described above shall be repeated until
the Customer expressly accepts such Services ar is deemed to have
accepted such Services as described herein. In the event Midcontinent
EVCSA v0814 (Page 1 of2)
ATTACHMENT TO
,�Mi..d�°n,tu��ent MASTER SERVICE AGREEMENT
�
� � �� � '�� .. � � � �� �
k � ���� .. ,. �� � �� � �
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This Service Attachment is incorporated and made part of MSA# 201408-339.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUN]CATIONS AUTHORIZED SIGNATURE
NAME�PLEASE PR]NT� NAME�PLEASE PRINT�
TITLE TITLE
DATE DATE
Midcontinent Commanications is an Equal Opportanity/Affinnative Action employer.M/F/D/V
EVCSA v0814 (Page 2 of 2)
ii�y /�.
FIBER SERVICE ORDER
Midcontinenf
COMMUNlCAT10N5 Accou►vT#: MSA#: 201408-339 DATE:8/19/14
• • ' � •
COMPANY NAME: Clty Of St�OS2ph
SERVICE ADDRESS: 1 H55 Ellll StCeet E MULTIPLE LOCATIONS�YES ❑No
Cirr: St Joseph STATE: MN ZI_P:_56374
COMPANY PHONE#320 363 7201 COMPANY FAX#320 363 0342
COMPANY CONTACT:�Udy W@yl'@I1S CONTACT E-MAIL ADDRESS:JWeyl'211S@CltyOfStJOS2ph.00171
ADDITIONAL AllTHORIZED INDIVIDUAL(S);
CUSTOMER BILLING INFORMATION
BILLING CONTACT NAME: Lori Bartlett
BILLING ADDRESS: PO Box 668
CirY: St Joseph STATE: MN ZiP:56374
B����N�PHONE#320 363 7201 Bi���N�Fax#320 363 0342
BILLING E-MAIL ADDRESS: Ibal�lett@CltyOfStJOS2ph.0017t
TAX EXEMPT �YES ❑ NO(IF YES,ATTACH TAX-EXEMPT FORM)
TECHNICAL CONTACT INFORMATION
CUSTOMER'S TECHNICAL CONTACT; PHONE#
VENDOR'S COMPANY NAME: PHONE#
VENDOR�S CONTACT NAME: PHONE#
• - �
❑NEW INSTALL ❑REPLACEMENT�CONTRACT RENEWAL ❑ 18 MONTH � 36 MONTH ❑ 60 MONTH ❑ OTHER:
� � : • •
QUANTITY Bandwidth (Mbps) MONTHLY CHARGE INSTALLATION CHARGE
❑ INTERNET CONNECTION
STATIC IP ADDRESSES:YES � NO IF YES, HOW MANY 1 - 5 - 13 (�3 STATIC IPS REQUIRE A JUSTIFICATION FORM�
� ETHERNET VIRTUAL CONNECTION 1 10 Mbps $275.�� Waived
❑ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
THE EQUIPMENT PROVIDED TO DELIVER THIS FIBER SOLUTION IS THE PROPERTY OF MIDCONTINENT COMMUNICATIONS.
�����j��� FIBER SERVICE ORDER
Midcontinenf
C 0 N M U N I C A 7/0 N S Accou NT#: M SA#: 201408-339 DATE: 8/19/14
� . . - . '
THE DESI�N LAYOUT RECORD(DLR�CONTAINS TECHNICAL INFORMATION RELATED TO SERVICE THAT IS TO BE DELIVERED BY MIDCONTINENT TO CUSTOMER
PURSUANT TO A PROPERLY COMPLETED AND EXECUTED SERVICE ORDER.THE DLR IS AN ABSTRACT OF SERVICE AND IS INTENDED TO BE A REFERENCE FOR
ENGINEERING,CONSTRUCTION,INSTALLATION,PERFORMANCE AND ONGOING SUPPORT AND MAINTENANCE.
City oT St Jossph
WAN
St Joseph POP
Ciry of Sl Joseph 10 Meq CNy ot SI Joseph
1855 Elm SVee�E 323 dlh Ave NE
St Joseph MN St Joseph MN
10M s �
CNy of St Joseph � �' CNy of St Joseph
23 1ST Ave NW 29771 Frontage Road
St Joseph MN St Joseph MN
Cily of S!Joseph
25 College Ave N
St Joseph MN
Customer.CAy oi St Joseph �/�ii%���i.. Customer Initials:
Design:20140307943 ����
Date:7/22l2014
Author.Bretl Ja9er LMidcontinenf Date:
�Business Solutlons
SI Joseph POP
CityWStJosePh 7 Mops �Onrow CityoiStJosePh
1855 Ehn SUee�E 323-0Ih Ave NE
St Joseph MN St Joseph MN
..�...:,. 10MOps . ��.Mpe
20 ECs
Clry of St Josaph CHy of St Josaph -
23 1ST Ave NW 29771 frontage Roatl
St Joseph MN - SI Joseph MN
/
Gty ot Jossph
25 Coilege Ave N
St Joseph MN
Customer:City oi St Joseph /,%/.i�!�� Customer Initials:
Desig�:20140307943
Date:7/22/2014 Midcontinent
AutFior:Bretl Jager � Date:
Business SeluNOns
ii� /�.
FIBER SERVICE ORDER
Midcontinenf
COMMUNJCAT10N5 AccouNT#: MSA#: 201408-339 DATE: 8/19/14
� � � • � - •
NoTES: Midcontinent Business Solutions will provide a multipoint Layer 2 WAN service to the City of St Joseph. Bandwidths
and adtlresses are referencetl on the attached drawings. Services will be tlelivered by fiber terminating into Midcontinent owned
and operatetl equipment which will serve as our demarcation point. All devices beyond Midcontinent equipment, including
power, is the responsibility of the customer.
.
THIS SERVICE ORDER IS A SUPPLEMENT TO AND IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE MASTER SERVICE
AGREEMENT EXECUTED BY THE PARTIES INCLUDING ANY OTHER APPLICABLE ADDENDUM,ATTACHMENTS, EXHIBITS OR SERVICE ORDERS.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
Steven L Johnson
NAME(PLEASE PRINT) NAME(PLEASE PRINT)
Business Development Manager
TITLE TITLE
DATE DATE
Midcontinent is an Equal Opportunity/Affirmative Action Employer M/FIDN
FfBER SERVICE ORDER
/�.._
Midcontinenf
COMMUNJCAltONS AccouNT#: MSA#: 201408-339 DATE:8/19/14
• • - � •
COMPANY NAME: Clty Of St�OS@ph
SERVicE A��RESS: 323 4th Ave NE MULTIPLELOCATIONS�YES �NO_
CifY: St Joseph STATE: MN ZIP: 56374
COMPANY PHONE#320 363 7201 COMPANY FAX#320 363 0342
COMPANY CONTACT:Jutly Weyrens CONTACT E-MAIL ADDRESS:jweyrens@cityofstjoseph.com
ADDITIONAL AUTHORIZED INDIVIDUAL(S):
CUSTOMER BILLING INFORMATION
BILLING CONTACT NAME: Lori Bartlett
BILLING ADDRESS: PO Box 668
CiTY;St Joseph STATE: MN ZiP:56374
B���iN�PHONE#320 363 7201 Bi��iN�FAx#320 363 0342
BILLING E-MAIL ADDRESS: Ibartlett a�cityofstjoseph.com
TAX EXEMPT �YES ❑ NO(IF YES,ATTACH TAX-EXEMPT FORM)
TECHNICAL CONTACT INFORMATION
CUSTOMER'S TECHNICAL CONTACT: PHONE#
VENDOR�S COMPANY NAME: PHONE#
VENDOR�S CONTACT NAME: PHONE#
• �
❑NEW INSTALL ❑REPLACEMENT�CONTRACT RENEWAL ❑ 1H MONTH � 36 MONTH ❑ 60 MONTH ❑ OTHER:
� � : • •
QUANTITY Bandwidth (Mbps) MONTHLY CHARGE INSTALLATION CHARGE
❑ INTERNET CONNECTION
STATIC IP ADDRESSES:YES�NO IF YES,HOW MANY 1 - 5 - 13 (13 STATIC IPS REQUIRE A JUSTIFICATION FORM�
� ETHERNET VIRTUAL CONNECTION 1 10 Mbps $275.00 Waived
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
THE EQUIPMENT PROVIDED TO DELIVER THIS FIBER SOLUTION IS THE PROPERTY OF MIDCONTINENT COMMUNICATIONS.
��/���j��� FIBER SERVICE ORDER
Midcontinent
COMMUNlCAilONS AccourvT#: MSA#: 201408-339 DATE: 8/19/14
� . . - .
THE DESIGN LAYOUT RECORD(DLR)CONTAINS TECHNICAL INFORMATION RELATED TO SERVICE THAT IS TO BE DELIVERED BY MIDCONTINENT TO CUSTOMER
PURSUANT TO A PROPERLY COMPLETED AND EXECUTED SERVICE ORDER.THE DLR IS AN ABSTRACT OF SERVICE AND IS INTENDED TO BE A REFERENCE FOR
ENGINEERING,CONSTRUCTION,INSTALLATION,PERFORMANCE AND ONGOING SUPPORT AND MAINTENANCE.
City of St Joseph
WAN
St Joseph POP
Ciry of St Joseph M i0 Mepe Cky of SI Josaph
1855 Ekn Slreet E 323 41h Ave NE
SI Joseph MN St Joseph MN
70 M �
City of St Joseph p �' CNy M St,fossph
23 1ST Ave NW 29771 Frontage Road
St JoSeDh MN $t Joseph MN
Ciry o/Sf Joseph
25 College Ave N
St Joseph MN
Customer.CAy of St Joseph Customer Iniliais:
Design:2014030T943
Date:7/22l2014 Midco�rtinent
Aulhor.Bred Jager �_ Oate:
Business SoNflons
SI Jos¢ph POP
City of$t Joteph � �s tD Mbps City ot Sl Joseph
1855 Elm SVeet E 323 4!h Ave NE
S1 Josaph MN Si,bseph MN
10 Mqw Mbpn
City of St Josaph � � C8y o1 St Josoph
28 1ST Ave NW 29771 Frontage Roatl
5�JoSeph MN St Joseph Mt3
City of Jossph
25 College Ave N
St Joseph MN
Customer:City of SI Joseph
Design:20140307943 Cuslomer initiais:
Date:7/22/2014 �dCOIl�lll�nt
Author.Brett Jager `_ Oate:
Business Seluflons
��������,h, FIBER SERVICE ORDER
Midcontinenf
C 0 M M U N 1 C A T I 0 N S AcCOUrvT#: MSA#: 201408-339 DATE: 8/19/14
� � � • � • - � •
NoTES: Midcontinent Business Solutions will provide a multipoint Layer 2 WAN service to the City of St Joseph. Bandwidths
and addresses are referenced on the attached drawings. Services will be delivered by fiber terminating into Midcontinent ownetl
and operated equipment which will serve as our demarcation point. All devices beyond Midcontinent equipment, including
power, is the responsibility of the customer.
. . ,
THIS SERVICE ORDER IS A SUPPLEMENT TO AND IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE MASTER SERVICE
AGREEMENT EXECUTED BY THE PARTIES INCLUDING ANY OTHER APPLICABLE ADDENDUM,ATTACHMENTS, EXHIBITS OR SERVICE ORDERS.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
Steven L Johnson
NAME(PLEASE PRINT� NAME(PLEASE PRINT�
Business Development Manager
TITLE TITLE
DATE DATE
Midcontinent is an Equal OppoRunity/Affirmative Action Employer MIF/DN
FIBER SERVICE ORDER
�i�.
Midcontinent
C 0 M N U N 1 C AT l 0 N 5 AccouNT#: MSA#: 201408-339 DATE:8/19/14
• • ' � •
COMPANY NAME: Clty Of St,lOS2ph
SERVICE ADDRESS:29771 FrOfltaq2 ROad MULTIPLE LOCATIONS�YES ❑NO
CiTY: St Joseph STATE: MN ZIP:56374
COMPANY PHONE#32O 363 7201 COMPANY FAX#320 363 0342
COMPANY CONTACT:Judy Weyrens CONTACT E-MAIL ADDRESS:JW2yt'eI1S Q�CItyOfStjOS2ph.00171
ADDITIONAL AUTHORIZED INDIVIDUAL(S):
CUSTOMER BILLING INFORMATION
BILLING CONTACT NAME: LOTI Bal�f2tt
BILLING ADDRESS: PO Box 668
Cirr: St Joseph STATE: MN ZiP:56374
B����NG PHONE#320 363 7201 B����N�FAx#320 363 0342
BILLING E-MAIL ADDRESS: Ibal�lett@CttyOfStJOS2ph.00111
TAX EXEMPT �YES ❑ NO(IF YES,ATTACH TAX-EXEMPT FORM)
TECHNICAL CONTACT INFORMATION
CUSTOMER'S TECHNICAL CONTACT: PHONE#
VENDOR�S COMPANY NAME: PHONE#
VENDOR�S CONTACT NAME: PHONE#
• �
❑NEW INSTALL ❑REPLACEMENT�CONTRACT RENEWAL ❑ 18 MONTH � 36 MONTH ❑ 60 MONTH ❑ OTHER:
� � : • •
QUANTITY Bandwidth (Mbps) MONTHLY CHARGE INSTALLATION CHARGE
❑ INTERNET CONNECTION
STATIC IP ADDRESSES:YES �NO IF YES, HOW MANY 1 - 5 - 13 (13 STATIC iPS REQUIRE A JUSTIFICATION FORM�
� ETHERNET VIRTUAL CONNECTION 1 20 Mbps $275.00 Waived
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
THE EQUIPMENT PROVIDED TO DELIVER THIS FIBER SOLUTION IS THE PROPERTY OF MIDCONTINENT COMMUNICATIONS.
��
FIBER SERVICE ORDER
Midcontinent
COMNUNICATIONS AccouNT#: MSA#: 201408-339 DATE: 8/19/14
� • ' • - �
THE DESIGN LAYOUT RECORD(DLR)CONTAINS TECHNICAL INFORMATION RELATED TO SERVICE THAT IS TO BE DELIVERED BY MIDCONTINENT TO CUSTOMER
PURSUANT TO A PROPERLY COMPLETED AND EXECUTED SERVICE ORDER.THE DLR IS AN ABSTRACT OF SERVICE AND IS INTENDED TO BE A REFERENCE FOR
ENGINEERING,CONSTRUCTION,INSTALLATION,PERFORMANCE AND ONGOING SUPPORT AND MAINTENANCE.
Gty oi St Joseph
WAN
St Joseph POP
City of St Joseph Mp 10 Mspe CNy of St JosePh
i 855 Ekn Street E 323 4Ut Ave NE
St Joseph MN St Joseph MN
10M �
City of St Josaph 20 � c�ry or sc.ws.vn
23 1ST Ave NtN 29777 Frontage Road
5t Joseplt MN S�Joseph MN
Cily of Sl Joseph
25 Coliege Ave N
St Joseph MN
Customer.Cdy oi St Joseph
Design:2074030�943 Customer Initials:
Date:7/22/2014 Midcontinent
Aulhor.BreN Jager � Oate:
eusiness soNrrons
St Joseph POP
Ciry o}St JosePh t e.�ps �0 taops City o}St JoseOh
1855 Ehn SUee�E 323 41h Ave NE
St JoSepA MN SI Joseph MN
10 M�ps �
City of St JowPh 20 � Cky of S!Josaph
23 1ST Ave NW 29771 frontage Ro�
St Joseph MN S�Joseph MN
�,
City ol Jossph
25 Coliage Ave N
- St Joseph MN
CusWmer:Ci1y of St Jaseph i���'���� Customer Initials:
Oesign:20140307943
oa►e:��stizo,a Midcontinent
Author:Bretl Jager �� Oate:
eu:;ness soiurlons
��j������� FIBER SERVICE ORDER
Midcontinenf
COKMllNlCATIONS AccouNT#: MSA#: 201408-339 DATE: 8/19/14
� � � • � - •
NoTES: Miticontinent Business Solutions will provide a multipoint Layer 2 WAN service to the City of St Joseph. Bandwidths
and atltlresses are referencetl on the attached drawings, Services will be delivered by fiber terminating into Midcontinent owned
and operated equipment which will serve as our demarcation point. All devices beyond Midcontinent equipment, including
power, is the responsibility of the customer.
.
THIS SERVICE ORDER IS A SUPPLEMENT TO AND IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE MASTER SERVICE
AGREEMENT EXECUTED BY THE PARTIES INCLUDING ANY OTHER APPLICABLE ADDENDUM,ATTACHMENTS, EXHIBITS OR SERVICE ORDERS.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
Steven L Johnson
NAME(PLEASE PRINT� NAME(PLEASE PRINT�
Business Development Manager
TITLE TITLE
DATE DATE
Midcontinent is an Equal Opportunity/Affirtnative Action Employer MIF/DN
, ii�� /�.
FIBER SERVICE ORDER
Midcontinent
C 0 M M U N I C A T I 0 N S Accou NT#: M SA#: 201408-339 DATE:8/19/14
• • - • •
COMPANY NAME; Clty Of St,lOSeph
SERVICE ADDRESS:23 1 St AVe NW MULTIPLE LOCATIONS�YES ❑NO
CiTY: St Joseph STATE: MN ZIP:56374
COMPANY PHONE#320 363 7201 COMPANY FAX#320 363 0342
COMPANY CONTACT:,1UdY W2yl'et1S CONTACT E-MAIL ADDRESS:jweyrens@cityofstjoseph.com
ADDITIONAL AUTHORIZED INDIVIDUAL(S):
CUSTOMER BILLING INFORMATION
BILLING CONTACT NAME: Lori Bartlett
BILLING ADDRESS: PO BOX 668
CITY: St Joseph STATE: MN Z�P: 56374
B����N�PHONE#320 363 7201 Bi�uN�Fax#320 363 0342
BILLING E-MAIL ADDRESS: Ib8l�lett@CltyOfStJOS2ph.COfT1
TAX EXEMPT �YES ❑ NO(IF YES,ATTACH TAX-EXEMPT FORM)
TECHNICAL CONTACT INFORMATION
CUSTOMER'S TECHNICAL CONTACT: PHONE#
VENDOR'S COMPANY NAME: PHONE#
VENDOR�S CONTACT NAME: PHONE#
• - �
❑NEW INSTALL ❑REPLACEMENT�CONTRACT RENEWAL ❑ 1$MONTH � 36 MONTH ❑ 6O MONTH ❑ OTHER:
� � : • �
QUANTITY Bandwidth (Mbps) MONTHLY CHARGE INSTALLATION CHARGE
❑ INTERNET CONNECTION
STATIC IP ADDRESSES:YES �NO IF YES, HOW MANY 1 - 5 - 13 (13 STATIC IPS REQUIRE A JUSTIFICATION FORM�
�ETHERNET VIRTUAL CONNECTION 1 10 Mbps $275.�� Waived
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
THE EQUIPMENT PROVIDED TO DELIVER THIS FIBER SOLUTION IS THE PROPERTY OF MIDCONTINENT COMMUNICATIONS.
���'������,� FIBER SERVICE ORDER
Midcontinent
COMMUM1CAl/0NS Accou►vT#: MSA#: 201408-339 DATE: 8/19/14
� . . - .
THE DESIGN LAYOUT RECORD(DLR�CONTAINS TECHNICAL INFORMATION RELATED TO SERVICE THAT IS TO BE DELIVERED BY MIDCONTINENT TO CUSTOMER
PURSUANT TO A PROPERLY COMPLETED AND EXECUTED SERVICE ORDER.THE DLR IS AN ABSTRACT OF SERVICE AND IS INTENDED TO BE A REFERENCE FOR
ENGINEERING,CONSTRUCTION,INSTALLATION,PERFORMANCE AND ONGOING SUPPORT AND MAINTENANCE.
City of St Jos�ph
WAN
St Joseph POP
City of St Joseph Me ��MDP' Cky of St Joseph
1855 Ekn SVee�E 323 4U�Ave NE
St Joseph MN St Joseph MN �
10M s
� ��
Cky of St Joseph � �' City oi St Joseph
23 1S?Ave NW 29771 Fron�age Road
Si JoseDh MN St Joseph MN
Ciry ot St Josep�
25 College Ave N
St Joseph MN
Cuslomgr.City ot St Joseph /.��%g����
Design:20140307943 Customer Initials:
Date:7l22/20t4
Author.Brett Jager LMidcontinenf Date:
euslne::so�u�ions
St Joseph POP
City of St Joseph 7 n�s 70 MtPa Cily o151 JosePh
1855 Ehn SUeet E 323 4lh Ave NE
SI Josep�MN St,bseph MN
10M4pe MCW .;:...._.:.
� �
Ciy of St Josepb City of$t Jos�ph
23 1ST Ave NW 29777 Frontage Road
S�Josep�MN 51 Jos¢ph MN
,..,./
Cly of Jmaph
25 CoOege Ave N
St Joseph MN
Customer.Ciry of St Joseph Customer I�ilials:
Desgn:20140307943
Date:7/22/201a
Author.Breri Jager �M_idcontinent Date:
BYS1pBSS SO�uN0li3
� ���
FIBER SERVICE ORDER
Midcontinenf
COMMUNICAT10N5 AccouNT#: MSA#: 201408-339 DATE: 8/19/14
� � � • � - �
tvoTES: Midcontinent Business Solutions will provide a multipoint Layer 2 WAN service to the City of St Joseph. Bandwidths
and addresses are referenced on the attached drawings. Services will be delivered by fiber terminating into Midcontinent owned
and operated equipment which will serve as our demarcation point. All devices beyond Midcontinent equipment, including
power, is the responsibility of the customer.
.
THIS SERVICE ORDER IS A SUPPLEMENT TO AND IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE MASTER SERVICE
AGREEMENT EXECUTED BY THE PARTIES INCLUDING ANY OTHER APPLICABLE ADDENDUM,ATTACHMENTS, EXHIBITS OR SERVICE ORDERS.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
Steven L Johnson
NAME(PLEASE PRINT� NAME(PLEASE PRINT�
Business Development Manager
TITLE TITLE
DATE DATE
Midcontinent is an Equal Opportunity/A�rmative Action Employer M/F/DN
ii�� ��.
FIBER SERVICE ORDER
Midcontinenf
C 0 M M U N l C A�I 0 N 5 AccouNT#: MSA#: 201408-339 DATE:8/19/14
• • - • •
COMPANY NAME: Clty Of St�OS@ph
SERVICE ADDRESS: 25 Colleqe Ave N MULTIPLE LOCATIONS�YES ❑No
CiTY: St Joseph STATE: MN ZIP:56374
COMPANY PHONE#320 363 7201 COMPANY FAX#320 363 0342
COMPANY CONTACT:Judy Weyrens CONTACT E-MAIL ADDRESS:jweyrens a�cityofstjoseph.com
ADDITIONAL AUTHORIZED INDIVIDUAL(S):
CUSTOMER BILLING INFORMATION
BILLING CONTACT NAME: LOCI BBf�lett
BILLING ADDRESS: PO Box 668
CiTY: St Joseph STATE: MN ZiP:56374
B����NG PHONE#320 363 7201 B��uN�Fax#320 363 0342
BILLING E-MAIL ADDRESS: Ibat�l2tt�G CltyOfStJOSeph.00111
TAX EXEMPT �YES ❑ NO(IF YES,ATTACH TAX-EXEMPT FORM)
TECHNICAL CONTACT INFORMATION
CUSTOMER'S TECHNICAL CONTACT: PHONE#
VENDOR'S COMPANY NAME: PHONE#
VENDOR'S CONTACT NAME: PHONE#
• - �
❑NEW INSTALL ❑REPLACEMENT�CONTRACT RENEWAL ❑ 18 MONTH � 36 MONTH ❑ 60 MONTH ❑ OTHER:
� : • •
QUANTITY Bandwidth (Mbps) MONTHLY CHARGE INSTALLATION CHARGE
❑ IN7ERNET CONNECTION
STATIC IP ADDRESSES:YES � NO IF YES, HOW MANY 1 - 5 - 13 (13 STATIC IPS REQUIRE A JUSTIFICATION FORM�
� ETHERNET VIRTUAL CONNECTION 1 20 Mbps $275.00 Waived
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
❑ ETHERNET VIRTUAL CONNECTION
THE EQUIPMENT PROVIDED TO DELIVER THIS FIBER SOLUTION IS THE PROPERTY OF MIDCONTINENT COMMUNICATIONS.
i%� /�.
FIBER SERVICE ORDER
M'idcontinenf
COMNUN1CA110N5 AccouNT#: MSA#: 201408-339 DATE: 8/19/14
� . . - .
THE DESIGN LAYOUT RECORD(DLR�CONTAINS TECHN�CAL INFORMATION RELATED TO SERVICE THAT IS TO BE DELIVERED BY MIDCONTINENT TO CUSTOMER
PURSUANT TO A PROPERLY COMPLETED AND EXECUTED SERVICE ORDER.THE DLR IS AN ABSTRACT OF SERVICE AND IS INTENDED TO BE A REFERENCE FOR
ENGINEERING,CONSTRUCTION,INSTALLATION,PERFORMANCE AND ONGOING SUPPORT AND MAINTENANCE.
City of St Jossph
WAN
S�Joseph POP
Ciry of St Joseph M tOMtps CHy of St Joseph
1855 E�m SUeel E 323 4th Ave NE
SI Joseph MN St Joseph MN
tOM s �
Cily of St Jossph � �' Ciry ot St Josaph
23 1ST Ave NW 29777 Fronlage Road
51 Jo5e0h MN St.b58ph MN
City of$t Joseph
25 College Ave N
St Joseph MN
' CUStomer.CAy of SI Joseph
Design:207403079a3 Customer Initials:
Date:7122l2014
Author.eren dager �dcontinent Oate:
Buslneas Solut7ons
SI Joseph POP
City of St JoSaph � � �p� City ot St Joseph
1855 Elm SUeet E 323 4�h Ave NE
St Joseph MN SI Joseph MN
10 MEps Mbps
. .. .,...:,
/
Cily of St Josoph 20 � City of St Joseph
23 7ST Ave NW 29777 fronWge Roatl
St Joseph MN St Joseph MN
City or Josepn
25 College Ave N
Si Josepf�MN
CuSWmet:Ciry ol Sl Joseph i��������
Desgrc 20140307943 Customer Initials:
Date:7/2212014 �(1COIItlllellt
Author:Brett Jager �_ Date:
8us�ness SoluHons
FIBER SERVICE ORDER
i%�� /�,.
Midcontinent
COMMUNlCAI/ONS AccouNT#: MSA#: 201408-339 DATE: 8/19114
� � � • • - •
NoTES: Midcontinent Business Solutions will provide a multipoint Layer 2 WAN service to the City of St Joseph. Bandwidths
and addresses are referenced on the attached drawings. Services will be delivered by fiber terminating into Midcontinent owned
and operated equipment which will serve as our demarcation point. All devices beyond Midcontinent equipment, including
power, is the responsibility of the customer.
. .
THIS SERVICE ORDER IS A SUPPLEMENT TO AND IS SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE MASTER SERVICE
AGREEMENT EXECUTED BY THE PARTIES INCLUDING ANY OTHER APPLICABLE ADDENDUM,ATTACHMENTS, EXHIBITS OR SERVICE ORDERS.
CUSTOMER AUTHORIZED SIGNATURE MIDCONTINENT COMMUNICATIONS AUTHORIZED SIGNATURE
Steven L Johnson
NAME(PLEASE PRINT� NAME(PLEASE PRINT�
Business Development Manager
TITLE TITLE
DATE DATE
Midcontinent is an Equal Opportunity/Affirmative Action Employer M/FIDN
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