HomeMy WebLinkAboutIT13-039 - Original - Integra Telecom Holdings, Inc. - Telecommunication Services - 02/21/2013 INTEGRA TELECOM MASTER SERVICE AGREEMENT
Integra Telecom Holdings, Inc., by and through its wholly owned subsidiaries, including Electric Lightwave, LLC and
Eschelon Telecom, Inc (hereinafter"Integra")and City of Kent("Customer"), hereby agree to the following terms and
conditions for Integra services to Customer
1. EFFECTIVE DATE, SERVICES, AND SERVICES TERM. This Master Service Agreement (this "Agreement"),
along with the order for service ("Services Agreement(s)"), any attachments, the policies and procedures found on
Integra's website www integratelecom.com, and any filed tariffs, price lists or schedules, comprise the entire
agreement between the parties for each service described in the Services Agreement (the "Service"). This
Agreement supersedes any and all prior discussions, representations, memoranda, or agreements, oral or written,
between the parties related hereto Integra reserves the right, in its sole reasonable discretion,to reject any Services
Agreement prior to Integra's signature. This Agreement is fully binding and enforceable as of the date the Services
Agreement(s) is/are signed by both parties ("Effective Date") Integra agrees to provide to Customer (subject to
availability and adequacy of underlying service) and Customer agrees to procure from Integra, the Services, at the
locations set forth for the number of months set forth("Services Term") as detailed on the Services Agreement(s)
into which this Agreement is incorporated and made a part.The Services Term commences upon installation of the
Services by Integra ("Installation Date") Installation of Services occurs at the delivery of operating circuits to the
demarcation terminal at the Customer's premise("Installation of Service") Integra will use reasonable efforts to install
Services on the date agreed upon by the parties;however, Integra does not guarantee that Services will be installed
and provisioned on Customer's desired due date Upon the expiration of the Services Term,this Agreement and the
Services will continue on a month-to-month until terminated by either party on thirty (30) days'written notice to the
other party
2 RATES, CHARGES, BILLING AND PAYMENT Rates and charges are described in the Services Agreement.
Integra will notify Customer when Customer's circuit has been delivered and Installation of Service has occurred
Upon Installation of Service, Customer agrees to convert its services and commit to a specific conversion date
Customer further agrees that billing will commence with Integra's first regular billing cycle after Installation of Service
regardless of the Customer's actual conversion date Monthly recurring charges ("MRC") will be billed in advance
each month Non-recurring charges("NRC")will be billed on the first invoice after the Installation Date,or if the NRC
are incurred after the Installation Date, or are usage based,such charges will be billed on the next invoice thereafter.
Customer is responsible for payment of all charges for originating and terminating calls to Customer's telephone
number(s) Payments are due on the Payment Due By date set forth on the Integra invoice, provided, however, that
no Payment Due By date is less than Net thirty(30)days.Customer must provide payment In full on Payment Due By
date If Customer believes it has been billed in error or otherwise disputes a charge, Customer must notify Integra
Within 90 days of the date of the invoice containing the disputed charge Customer's notice must specifically detail the
dispute and provide supporting documentation for the amount in dispute Integra will investigate all disputes and
notify Customer of the results of its investigation and, if appropriate, credit Customer's account or notify Customer of
denial of the dispute Integra may assess a late fee of 1 5% per month (not to exceed the maximum rate allowed
under state law) on any undisputed balances not paid when due or any disputed balances later found to be correct.
Late fees may be assessed, as of the original Payment Due By Date,against any disputed amount denied by Integra
Integra has the option to pursue any and all legal remedies until payment is made and suspend services If payment is
not made after thirty(30)days written notice from Integra Customer will pay any and all costs incurred in collection of
rates and charges due and payable, including all collection agency costs, whether or not a suit is instituted All
payments hereunder will be in U S currency
This Agreement is subject to credit approval Customer hereby authorizes Integra to conduct a credit search and
agrees to provide Integra with information regarding payment history for communications services,number of years in
business,financial statement analysis and commercial credit bureau rating. Integra may require Customer to tender a
deposit up to the maximum permitted by law to guarantee payment hereunder Such deposit may have, as an
additional component, deposit for any Integra-provided Customer Premise Equipment When Customer establishes
acceptable credit history or upon termination of this Agreement, Integra will return the balance of the deposit,if any,
to Customer along with interest as required by law
Integra shall not be liable for any third party charges arising from or related to the termination of any previous
agreement for services or the failure of Customer to terminate any previous agreement for services
If any property owner, under which Customer Is a tenant, assesses a fee against Integra in order to,or as a result of,
the provisioning of any Services to Customer,Integra may pass through such charges to Customer
3. POLICIES AND PROCEDURES Integra may change its policies and procedures found at
www integratelecom com upon thirty(30)days'written notice to Customer Use of Integra services after the thirty(30)
day notice period shall be deemed consent to the changed policies and procedures.
4. FRAUD, TELEPHONE NUMBERS AND DIRECTORY LISTINGS Customer is responsible for payment of any
charges incurred due to fraud, abuse, or misuse of the Services,whether known or unknown, to Customer, unless
such fraud,abuse or misuse Is the sole fault of Integra it is the Customer's obligation to take all measures to ensure
against such occurrences.
Telephone numbers are assigned to the business entity (Customer) named on the Services Agreement and not to i
any individual owner or operator of the business Customer shall designate those individuals authorized to make
changes to the Customer's account with Integra, including changes to the Services or to the telephone numbers in
conformity%nth the Rules (as hereinafter defined) Integra shall be held harmless for any changes authorized by the
individuals designated by Customer Integra shall take all reasonable measures to provide Customer with
continuation of existing telephone numbers However, if Customer is changing location at the time of conversion or
taking service for the first time at a location, Integra makes no warranties regarding assignment of particular
telephone numbers to Customer Integra shall not be liable to Customer for any change in telephone numbers due to
actions of any vendor or supplier of services to Integra Customer's reliance upon and/or use of any Service
numbering information prior to installation and acceptance of Service is at the Customer's sole risk
Integra shall not be liable for any Inaccurate or dropped listings of any publisher/directory database Integra shall not
be liable for any errors or omissions,whether arising through negligence or otherwise, in the information furnished to
a publisher or to a directory database(s). Additional costs may be assessed for publisherldirectory database listing
charges
5. TAXES, SURCHARGES, FEES AND ASSESSMENTS Customer is responsible for payment of any and all
federal, state and local taxes, surcharges, or fees, as may be imposed from time to time associated with the Service
(excluding Integra income taxes) Integra will collect all such taxes, surcharges, and fees unless Customer provides
Integra with proof of exemption Customer will indemnify Integra for any and all costs, claims, taxes, charges, and
surcharges levied against Integra relative to such exempt status Surcharges and assessments, which are not
required by regulatory agencies, but which Integra is permitted to charge to recover expenses, may be applied All
such charges will be set forth on a detailed invoice.
6 TARIFF APPLICATION in the event of any conflict between any provision of this Agreement and any provision of
an applicable filed tariff or price list,the provision of such filed tariff or price list will control.
7 COMPLIANCE WITH LAW This Agreement is subject to all applicable federal, state, and local laws, regulations,
rulings, orders and other actions of governmental agencies (°Rules"), and the obtaining and continuance of any
required approvals, authorizations, or tariffs or price lists filed with the FCC or any other governmental agency
Integra will use good faith reasonable efforts to obtain, retain, and maintain such approvals and authorizations If any
such Rule adversely affects the Services or requires Integra to provide Services other than in accordance with the
terms of this Agreement, either party may, without liability to the other party, terminate the affected Services upon
thirty(30)days prior written notice to the other party In performing their obligations under this Agreement,the parties
will comply with all applicable Rules, specifically including,but not limited to,the Rules governing 911/E-911 and any
other emergency services
Subject to Integra's 9111E-911 policy (found at www.integratelecom com), and unless otherwise specifically agreed,
(a)Integra will provide Customer with the network connection for each circuit, billing telephone number(BTN)or trunk
group that comprise the Services, and (b) Integra will provide the appropriate Public Safety Answering Point(PSAP)
with the automatic location identification (ALI), including the same emergency response location,for all BTNs of the
circuit or trunk group regardless of the number of lines, trunks, or unique telephone numbers on that circuit or trunk
group Customer will be responsible for providing all other 911/E-911 functionality as required by the Rules,including,
but not limited to agreements with, and network or other connection to,the local PSAPs. Customer will maintain the
necessary databases and update and transfer the ALI to the appropriate PSAPs Integra is not responsible for and
will not make any changes or submit updates to 911/E-911 databases for any services other than the one emergency
response location as set forth above. Customer agrees to fully indemnify, defend, and hold harmless Integra, its
officers,directors, parent, and affiliated companies,employees,agents and subcontractors from all liabilities, claims,
fees,expenses,costs or damages of any kind arising out of personal injury or death or damage to property related to
Customer's failure to give end users appropriate warnings if VoIP services are provided by Integra, as well as the
failure to maintain the necessary databases and update the ALI being transmitted to the PSAP.
8. SERVICES, MAINTENANCE AND UPGRADE OF FACILITIES Services will meet industry standards. Integra will
maintain its facilities and equipment used to provide the Services as set forth in its policies and procedures, at no
additional charge to Customer, except where work or service calls result from failure or malfunction in, or improper
operation of,Customer's facilities and/or equipment In such event,Customer will reimburse Integra for the cost of the
required maintenance at Integra's standard time and material rate plus any taxes imposed upon Integra related to
such maintenance, and Customer shall be responsible for the cost of repair or replacement of Integra equipment
that is damaged by Customer's actions or equipment.
Integra reserves the right to suspend Service for scheduled maintenance or planned enhancements or upgrades
upon twenty-four (24) hours' notice to Customer or to suspend Service for emergency repairs to Integra's network
without notice(but will make a reasonable attempt to give notice)to Customer Integra equipment will remain the sole
and exclusive property of Integra or Integra's assignee. Customer will not tamper with, remove or conceal any
Integra identifying plates,tags or labels Customer will indemnify,hold harmless and defend Integra against any bens
placed on Integra equipment due to Customer's action or inaction. Any lien will be discharged by Customer within
twenty(20)days of notice of filing Failure to discharge any such lien is a material breach of this Agreement,and may
result in immediate termination
Customer will provide equipment compatible with the Services and Integra's network and facilities Customer will
bear the costs of any additional apparatus reasonably required to be installed because of the use of Integra's network
or facilities.
Upon termination of the Service, Customer shall, upon notice from Integra, return the Integra provided equipment to
Integra, in accordance with the instructions in the notice Customer's damage to the equipment,with the exception of
reasonable wear and tear,or failure to return the equipment, including but not limited to the battery pack,as directed,
shall constitute Customer acceptance of ownership of and responsibility for the equipment and Integra may invoice
Customer for the then fair market value of such equipment.
Integra reserves the right to substitute, change or rearrange any equipment used in delivering Services that does not
affect the quality,cost or type of Services Integra will manage its network in Integra's sole discretion Customer will
provide all reasonable information, authorizations, and access required by Integra for the purpose of installing
Services, performing routine network grooming,maintenance,
9 SERVICE INTERUPTION CREDITS Credits are subject to the limitation of liability set forth in Section 10, and
shall only be given for disruption of Services in accordance with this Section Upon request, Customer shall be
entitled to a credit for any disruption that exceeds twenty-four (24) hours and for which Integra is the sole cause of
such disruption and such disruption is not the result of(i) scheduled maintenance that occurs between the hours of
eleven pm and six am, (rr) planned enhancements, or(ill)upgrades. Such credit shall be based upon the ratio of the
duration of the service interruption (measured from the time the interruption is reported to or detected by Company,
whichever occurs first) to the total time in a thirty (30) day month That ratio, multiplied by the monthly rate for the
service affected shall determine the amount of the credit allowance No credit shall be owing for any disruption
resulting from a Force Majeure event
10 DISCLAIMER/LIMITED WARRANTY EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT,
INTEGRA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INTEGRA
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11 LIMITED LIABILITY. INTEGRA'S LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR DAMAGES
ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THIS AGREEMENT, WILL BE SOLELY LIMITED
TO AN AMOUNT NO GREATER THAN THE AMOUNTS PAID BY CUSTOMER TO INTEGRA DURING THE
MONTH OF THE OCCURANCE OF ANY CLAIM IN NO EVENT WILL INTEGRA BE LIABLE TO THE CUSTOMER
FOR LOSS OF USE, INCOME OR PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS OR HARM TO
BUSINESS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSSES OR
DAMAGES,REGARDLESS OF THE FORSEE ABILITY THEREOF
12 CUSTOMER WARRANTIES (a) The Customer represents and warrants that it Is an entity, duly organized,
validly existing and in good standing under the laws of its origin,with all requisite power to enter into and perform its
obligations under this Agreement in accordance with its terms; (b) Customer represents and warrants that Its use of
the Services will comply and conform with all applicable federal, state and local laws, administrative and regulatory
requirements and any other authorities having jurisdiction over the subject matter of this Agreement and it will be
responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by
such authorities, (c)Customer represents and warrants that It will not resell all or a portion of the Service(s)provided
by Integra under this Agreement Customer will indemnify and hold Integra harmless from any and all loss, liability,
claim, demand, and expense (including reasonable attorneys' fees) related to Customer's violation of this
Section.
13. CONFIDENTIAL INFORMATION. Customer Proprietary Network Informatlon CCPN1�shall only be disclosed In
accordance with the Rules and Integra's policies and procedures
In addition to the foregoing,the parties may have access to certain information,the ownership and confidential status
of which is highly important to the other party and is treated or designated by one of the parties as confidential(herein
referred to as"Confidential Information'). Neither party will disclose the other party's Confidential Information,directly
or indirectly under any circumstances,to any third person without the express written consent of the other party, and
neither party will copy, transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the
other party's Confidential Information, except as may be necessary to perform its duties hereunder or as required by
the Rules. Each party will exercise the highest degree of care in safeguarding the other party's Confidential
Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such
confidentiality.
Notwithstanding the foregoing, Integra acknowledges that the Customer is a public agency subject to the Washington
state Public Records Act, Chapter 42.56 RCW, and may be required to disclose records within the Customers
possession or control that relate to this Agreement Customer shall provide five (5) days' notice to Integra prior to
disclosing such records to allow Integra the opportunity to seek injunctive relief.
14 INDEMNIFICATION. Customer will indemnify, hold harmless, and defend Integra, its officers, directors, parent
and/or affiliated companies, employees, agents and subcontractors from liabilities,claims or damages and expenses
whatsoever(including reasonable attorney's fees)ansing out of or in connection with Customer's use of the Services
and/or Customer's end-users or third parties use of the Services, resale, or sharing of the Services Customer's
indemnification obligations do not apply to claims for damages to real or tangible personal property or for bodily injury
or death to the extent caused by Integra due to Integra's gross negligence or willful misconduct
Integra will indemnify, hold harmless, and defend Customer, its officers, directors, parent and/or affiliated companies,
employees, agents and subcontractors from claims for damages to real or tangible personal property or for bodily
injury or death directly caused or directly resulting from Integra's negligence or willful misconduct except to the extent
caused by Customer due to Customer's gross negligence or willful misconduct Integra has provided Customer with
its certificate of insurance
15 DEFAULTlfERMINATION Customer's use of the Services provided herein and any equipment
associated therewith will not, (a) interfere with or impair service over Integra's network, (b) impair privacy of any
communications over such network, (c) cause damage of any nature to Integra's assets or customers,(d) be used
to frighten, abuse, torment or harass, or create hazards to Integra or its network; (a)be used for a high volume
of short duration calls, regardless of nature (high volume short duration calls are defined as 10% of total outbound
calls that are six seconds or less in duration) or(f)violate the provisions of any of Integra's policies and procedures,
including Integra's 911/E-911 policy. Integra may immediately suspend or terminate,without liability,the Services for
any violation of these provisions other than (e) above If Customer violates (a) above, Integra may, in its sole
discretion,assess a higher rate for a high volume of short duration calls to reflect Integra's increased costs If
Services are suspended pursuant to this Section 15, reconnection charges may apply
Except as set forth above, if either party violates any provision of this Agreement the non-defaulting party may send
the defaulting party written notice detailing the default The defaulting party will have-(a)ten(10)days from the date
of the written notice to cure a payment default,or(b)thirty(30)days from the date of the written notice to cure a non-
payment default. If the defaulting party fails to cure,the non-defaulting party may terminate this Agreement and any
Services hereunder upon notice or pursue any and all other legal remedies This Agreement also may be terminated
by either party in accordance with the provisions of the then current tariff or price list
If Customer terminates this Agreement or all or any part of the Services at any time after the Effective Date,or if
Integra terminates this Agreement as a result of Customer's breach,Integra may charge Customer an early
termination fee equal to and including any or all of the following- 100%of the total MRC, surcharges and taxes for the
Services Term then remaining,plus any unpaid activation,installation and/or special construction charges,and all
other fees or costs,whether previously waived or not,less amounts already paid Customer acknowledges that
Integra's damages for early termination would be difficult to determine and the termination charge(s)constitutes
liquidated damages and are not intended as a penalty but as a mutually-agreed upon amount representing, but not
limited to,lost revenue,proportionate or actual third party costs and capital expenditures,and internal costs. All such
amounts will become immediately due and payable by Customer to Integra.
Customer will not be liable for the early termination fees set forth above if Integra breaches the Agreement or If
Customer orders from Integra,at the time of Service termination,services of equal or greater MRC than the Services
terminated and the new services are approved by Integra.Separate recovery for the same damages is not permitted
under this Agreement by either party
16. FORCE MAJEURE In the event that either party's performance is delayed,prevented, or inhibited because of
any Act of God,fire, casualty,delay or disruption in transportation,flood,war,strike,lockout,epidemic,destruction or
shut-down of facilities, shortage or curtailment, rot, insurrection, governmental acts or directives, any full or partial
failure of any third party communications or computer network or any other cause beyond such party's reasonable
control, the party's performance will be excused and the time for the performance will be extended for the period of
delay or Inability to perform resulting from such occurrence The occurrence of such an event will not constitute
grounds for a declaration of default by either party hereunder
17 GENERAL. Except as otherwise permitted herein, any amendment must be in writing and signed by the parties
hereto Electronic or Facsimile copies of this Agreement and any amendments or modification hereto, Including
electronic or facsimile signatures,will be accepted by the parties as originals The failure of either party to Insist upon
the performance of any provision or to exercise any right granted hereunder,will not be construed as a waiver of such
provision(s), and the same will continue in full force. If any provision hereof is held to be Invalid, void, or
unenforceable, the remainder of the provisions will nevertheless remain unimpaired and in effect All notices to
Customer under this Agreement will be in writing and will be made by one or more of the following methods regular
mall, overnight delivery,or by certified mall Notices will be sent to the address of record, and in the event of multiple
addresses,to the address of the parent account. In the case of a notice to Integra, all notices under this Agreement
will be in writing and will be made by personal delivery, overnight delivery, or certified mall with a copy to the Legal
Department,1201 NE Lloyd Blvd, Suite 500, Portland, OR 97232 The various rights and remedies given to or
reserved by either party herein or allowed by law, are cumulative, and no delay or omission to exercise any of its
rights will be construed as a waiver of any default or acquiescence, nor will any waiver of any breach or any provision
be considered a condonement of any continuing or subsequent breach of the same provision. Customer may not
assign its obligations hereunder without the prior written consent of Integra,which will not be unreasonably withheld
This Agreement will be governed by and interpreted in accordance with the laws for the state where the Services are
to be provided Nothing in this Agreement is intended to,or shall be construed,as creating a partnership or any third-
party beneficiaries The provisions of Sections 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall survive
termination Integra reserves the right to revise the terms and provisions of all of its policies and procedures as it
deems appropriate and this Agreement is subject to all revisions.
CUSTOMER: INTEGRA:
City of Kent Integra Telecom Holdings,Inc.
by and through its wholly owned subsidiaries
By: 4SZ
/) n J� By: aLA& r, l�t,Y1.�fDV'�,
a 7�TC WO Ke— Name, Glen R. tteryford
Senior Channel Manager
Title Title.
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ADDENDUM
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Service Agreement
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This Addendum to Service Agreement and the Master Service Agreement is executed as of the "_aT:s::waan ,
(the"Effective Date"),by and between Integra Telecom Holdings,Imo.,an Oregon company with headquarters at 1201 NE
Lloyd Blvd.,Ste.500,Portland,Oregon 97232,by and through one of its wholly-owned subsidiaries as may be certificated in
amthe appli to state to provide services("Integra"),and City of Kent("Customer"),to supplement the Service Agreement
dated XPJ41.70(3 !(the"Service Agreemonfl,and the Master Service Agreement incorporated therein and made a
part thereof(the"USA"). Capitalized terms not defined herein shall have the meaning as defined in the Service Agreement
and the MSA.
WHEREAS, the Parties have entered into a Service Agreement for the provision of Services as described in the Service
Agreement,together with the MSA that sets out the terms and conditions for the delivery of service described in the Services
Agreement and is incorporated therewith(collectively,the"Agreement');
WHEREAS, the Parties seek to supplement the terms of Service Agreement and the MSA to offer Customer a service
satisfaction guarantee during the entire Services Tenn for all Services installed except QMOE Extended Ethernet Services;
and
WHEREAS,Customer is paribrming an audit of it need fbr Bode Business Lines and Integra is willing to allow Costumer to
reduce the number of Basic Business Lines by up to ten(10) lines during the first ninety(90) days of the Services Term
without incurring early termination charges;
NOW,THEREFORE,in consideration of the mutual promises and coveaetNs contained in the Service Agreement and the
MSA, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the
Parties hereby mutually agree as follows:
1. Beginning from the Installation of Services through the Services Term, the Customer shall notify
Integra in writing If the Customer experiences a recurring issue with any of its Services other than 3'd
Party provided Ethernet Services. Integra will then be given sixty(60)days after its receipt of the
notice to cure the specific issue.If Integra cannot cure the issue to Customer's reasonable satisfaction,
Customer can terminate the affected Services with thirty(30) days' written notice without incurring
early termination charges,other than payment for any unpaid charges for the terminated Services that
were received.
2. During the first ninety(90) days of the Services Tam, Customer may reduce the number of Basic
Business Lines by up to to(10)lines without incurring early termination charges,other than payment
for any unpaid charges for Service that were received with respect to the terminated lines
3. Customer will have the option of adding up to 5 Basic Business Lines every 12 months during the 36
month service term;on a month-to-month basis These will be priced at current 1 year pricing with
full NRC's to aid in installation costs. Customer is advised that 30 day notice of temporary lines will
be necessary to meet service delivery for date-specific events. Disconnect request mist be received in
writing and will allow regular disconnect intervals to apply.
4. Except as specifically art forth in this Addendum,the terms and conditions of Service Agreement and
the MSA shall remain unmodified and in full force and effect.
I
Addendum to Service Agreement and Master Service Agreement Page 1
IN WITNESS WHEREOF,the Parties have executed this Addendum as of the Effective Data
CUgMMRR: INTEGRA:
City of Kent Integra Telecom Holdings,Tic.
11 . OVA, K. "(WI
Name: Glen R. Heryford
Title: Tithe:
,�^ Senior Channel Manager
� B I
Addendum to Service Agreement and Master Service Agreement Page 2
0
Integra
TELECOM
INTEGRA TELECOM
MULTIPLE LOCATIONS ADDENDUM
THIS MULTIPLE LOCATIONS ADDENDUM will be attached to and become a part of the Services Agreement for
this customer signed on 02/22/2013("Agreement(s)") by and between Integra Telecom of Washington, Inc , an
Integra corporation and its affiliate Integra Telecom of Washington, Inc ("Integra"), and the City of Kent with main
offices located at 'aI sty+H �V`L Sa 14rv�t uJla -0i so 31-
THE PARTIES AGREE
1. The Agreement contains the products and pricing terms for Customer's locations itemized in Exhibit A to
this Addendum
2. All provisions of all services Agreements and the Integra MSA shall remain in full force and effect except as
specifically modified by this Addendum
3. The services term of the Agreement is 36 months.
City of Kent Integra Telecom of WA, Inc
1 Glen R. Heryford
B ! L_� g� By. gkM, r. K"c,Vt�Y'I
Dc
Senior channel Manager
Title l r DII��GILtT��/� Title
Date f 2 Date 02/22/2013
ruqgra
Integra Telecom TELECOM
EXHIBIT A TO THE ADDENDUM MULTIPLE LOCATIONS
City of Kent agrees that the following locations shall receive the Services listed below with associated rates.
Location Name: City Hal! Location Address. 220 4th Ave S
Services PRI City 2 Pricing $399 00 Total $798 00
3tsSa Services DID Numbers Qty -290 Pricing $0 15 Total• $30 00
Services Basic Business Lines Qty 12 Pricing $17 99 Total• $215 88
Services Interstate Access Chg Qty 12 Pricing $6 11 Total $73 32
Services Interconnection Fee Qty 12 Pricing $6 25 Total $75 00
Services Data T1 Qty 1 Pricing $299 00 Total $299 00
Location Name: Centennial Center Location Address: 400 W Gowe St
Services Basic Business Lines Qty 5 Pricing $17 99 Total $89 95
Services Interstate Access Chg Qty 5 Pricing $6 11 Total- $30 55
Services Interconnection Fee Qty 5 Pricing $6 25 Total $31 25
Location Name: ShoWare Center Location Address: 625 W James St
Services Basic Business Lines City 18 Pricing $17 99 Total $323 82
Services Interstate Access Chg Qty 18 Pricing. $6 11 Total $109 98
Services Interconnection Fee Qty 18 Pricing $6 25 Total $112 50
Services 20M QMOE Qty 1 Pricing $1,675 00 Total. $1,675 00
D DID
Location Name: Resource Center Location Address: 315 E Meeker St
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total• $12 50
Location Name: Kent Commons Location Address: 525 4th Ave N
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total. $12 50
Location Name: Parks Maintenance(EastHill) Location Address: 12525 SE248th St
Services Resell Business Lines Qty 5 Pricing $26 00 Total $130 00
Services Interstate Access Chg Qty 5 Pricing $6 11 Total $30 55
Services. Interconnection Fee Qty 5 Pricing $5 25 Total $26 25
Location Name: Green River Nursery Location Address: 22306 Russell Rd
Services Basic Business Lines Qty 4 Pricing $17 99 Total $71 96
Services Interstate Access Chg Qty 4 Pricing $6 11 Total $24 44
Services Interconnection Fee Qty 4 Pricing. $6 25 Total. $25 00
Page 1 of 7
ryqgrra
TELECOM
Location Name: Station 74(EOC) Location Address: 24611 116th Ave SE
Services Resell Business Lines Qty 11 Pricing $26 00 Total $286 00
Services Interstate Access Chg Qty 11 Pricing $6 11 Total $67 21
Services Interconnection Fee Qty 11 Pricing $5 25 Total $57 75
Services DID Numbers Qty 185' Pricing $0 15 Total $15 75
Services PRI Qty 1 Pricing $474 00 Total $474 00
Location Name: Station 75 Location Address: 15635 SE 272nd St
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing $6 11 Total. $6 11
Services. Interconnection Fee Qty 1 Pricing, $5 25 Total- $5 25
Location Name: PW Signal Shop Location Address: 1621 Central Ave S
Services Basic Business Lines Qty 4 Pricing $17 99 Total $71 96
Services Interstate Access Chg Qty 4 Pricing $6 11 Total $24 44
Services Interconnection Fee Qty 4 Pricing $6 25 Total. $25 00
Location Name: Station 76 Location Address: 20676 72nd Ave S
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total $12 50
Location Name: Station 77 Location Address. 20717132nd Ave SE
Services Resell Business Lines Qty 2 Pricing $26 00 Total $52 00
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $5 25 Total $10 50
Location Name: Pump Station#8 Location Address: 3401 S 240TH ST
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing. $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $5 25 Total $5 25
Location Name: Skyline Pump Location Address: 22232 MILITARY RD
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $5 25 Total $5 25
Location Name: Clark Sprinas Pump Location Address: 24801 SE KENT KANGLEY RD
Services Resell Business Lines Qty 1 Pricing $26.00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing. $6.11 Total $6 11
Services Interconnection Fee Qty 1 Pricing: $5.25 Total $5 25
Location Name: Pump Station#7 Location Address: 3301 S 264TH ST
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing. $6 25 Total $6 25
Page 2 of 7
ins; gra
TELECOM
Location Name: Armstong Spring Well Location Address: 17975 SE 275TH PL
Services Resell Business Lines Qty 2 Pricing $26 00 Total $52 00
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $5 25 Total $10 50
Location Name: Gulberson Tank Location Address: 700 E GUIBERSON ST
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Pump Station#4 Location Address: 25601 RElTH RD
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Historical Society Location Address: 855 E Smith
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing- $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $625 Total $1250
Services 3m/768K Qty 1 Pricing $49 95 Total $49 95
Location Name: Seven Oaks Well Location Address: 11834 SE KENT KANGLEY RD
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: 3 Friends Fishing Hole Location Address: 20025 RUSSELL RD
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6.25
Location Name. Russell Road Ballflelds Location Address: 24400 RUSSELL RD
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total: $12 50
Location Name: Russell Road Golf Maintenance Location Address: 24058 RUSSELL RD
Services Basic Business Lines Qty 3 Pricing $17 99 Total $53 97
Services Interstate Access Chg Qty 3 Pricing $6 11 Total $18 33
Services Interconnection Fee Qty 3 Pricing $6 25 Total $18 75
Location Name: Corrections Facility Location Address: 1230 Central Ave S
Services Basic Business Lines Qty 3 Pricing $17 99 Total $53 97
Services Interstate Access Chg Qty 3 Pricing $6 11 Total• $18 33
Services Interconnection Fee Qty 3 Pricing $6 25 Total $18 75
Page 3 of 7
integra
TELECOM
Location Name: Kent Memorial Park Location Address: 850 Central Ave N
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Location Name: Mill Creek Lift Station Location Address: 26710 104THAVE
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17.99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Location Name. Soos Creek Well Location Address: 24525 104TH AVE
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total, $625
Location Name: 212th Water Treatment Plant Location Address: 9001 S 212TH WAY
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $625 Total $12 50
Location Name: Blue Bo v Location Address: 23616 112TH AVE
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Location Name: 3.5 Tank(Joint Use Tank) Location Address: 28502 124THAVE
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $5 25 Total $5 25
Location Name: Riverbend Location Address: 10 2ND St
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Location Name: Pump Station#3 Location Address: 25WO LAKE FENWICK RD
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Location Name: Pump Station#6 Location Address: 2571638"'
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $625 Total $625
Page 4 of 7
integra
TELECOM
Location Name: Elizabeth Albertson's House Location Address: 302 SUMMIT AVE
Services Basic Business Lines Qty 1 Pricing $17 99 Total. $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Pump Station#5 Location Address: 2382598th
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total. $6 25
Location Name: Kent Sprinas Pump Station Location Address: 28600 216THAVE
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $5 25 Total $5 25
Location Name: Police Location Address: 2324 th Ave s
Services Basic Business Lines Qty 3 Pricing $17 99 Total $53 97
Services Interstate Access Chg Qty 3 Pricing $6 11 Total $18 33
Services Interconnection Fee Qty 3 Pricing $6 25 Total $18 75
Location Name: Senior Center Location Address: 600 E Smith
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total $12 50
Location Name: Shops Location Address: 5821 S 240th St
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing $6 25 Total $12 50
Location Name: Parks Operations Location Address: 5821 S 240th St
Services Basic Business Lines Qty 4 Pricing $17 99 Total $71 96
Services Interstate Access Chg Qty 4 Pricing. $6 11 Total $24 44
Services Interconnection Fee Qty 4 Pricing $6 25 Total $25.00
Location Name: Riverbend Golf Course Location Address: 2019 IN Meeker St
Services Basic Business Lines Qty 3 Pricing $17 99 Total $53 97
Services Interstate Access Chg Qty 3 Pricing $6 11 Total $18 33
Services Interconnection Fee Qty 3 Pricing $6 25 Total. $18 75
Location Name: Par 3 Golf Course Location Address: 2030 IN Meeker St
Services Basic Business Lines Qty 2 Pricing $17 99 Total $35 98
Services Interstate Access Chg Qty 2 Pricing. $6 11 Total $12 22
Services Interconnection Fee Qty 2 Pricing: $6 25 Total $12 50
Page 5 of 7
intgra
TELECOM
Location Name: Drivina Ranae Location Address: 2020 W Meeker St
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Municipal Court Location Address: 1210 Central Ave S
Services Basic Business Lines Qty 5 Pricing $17 99 Total $89 95
Services Interstate Access Chg Qty 5 Pricing $6 11 Total $30 55
Services Interconnection Fee Qty 5 Pricing $6 25 Total $31 25
Location Name: Station 71 Location Address: 504 W Crow St
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total- $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Station 72 Location Address: 25620 140th Ave SE
Services Resell Business Lines Qty 1 Pricing $26 00 Total $26 00
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $5 25 Total $5 25
Location Name: Station 73 Location Address: 26512 Military Rd S
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Station 78 Location Address: 17852 SE256th St
Services Resell Business Lines Qty 6 Pricing $26 00 Total $156 00
Services Interstate Access Chg Qty 6 Pricing $6 11 Total $36 66
Services Interconnection Fee Qty 6 Pricing $5 25 Total, $31 50
Location Name: Location Address: 206 STATE AVE
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total- $6 11
Services. Interconnection Fee Qty 1 Pricing. $6.25 Total. $6.25
Location Name: 208th Water Treatment Plant Location Address: 9001 S 208TH ST
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing. $6 25 Total $6 25
Location Name: Soosette Creek Location Address: 11808 SE 265th
Services Basic Business Lines Qty 1 Pricing $17,99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6.11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total: $6 25
Page 6 of 7
Integra
TELECOM
Location Name: Garrison Creek Location Address: 9615 S 218th
Services Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee City 1 Pricing $6 25 Total $6 25
Location Name: Facilities Storeae Building off t Location Address: 715 W.Smith
Services. Basic Business Lines Qty 1 Pricing $17 99 Total $17 99
Services Interstate Access Chg Qty 1 Pricing. $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Location Name: Earthworks Park Location Address: 742 E Titus
Services Basic Business Lines Qty 1 Pricing $17 99 Total. $17 99
Services Interstate Access Chg Qty 1 Pricing $6 11 Total $6 11
Services Interconnection Fee Qty 1 Pricing $6 25 Total $6 25
Summary Total: $7,761.33
The parties hereby agree and confirm that the Services were ordered for the locations above Each of the foregoing is
governed by the terms and conditions set forth in the Master Services Agreement,which the Customer acknowledges as
having received, read, understood,and agreed.
This Agreement including Integra's Master Service Agreement, any schedules or attachments hereto, and Integra
Telecom's policies and procedures located at www integratelecom com, incorporated by reference herein,constitute a
binding commitment between Integra Telecom and Customer, effective upon execution of this Service Agreement, and
supersede all prior or contemporaneous agreements, understandings or representations relating to the subject matter
contained herein Services are provided subject to the availability and adequacy of underlying services Customer
acknowledges that Customer has received, read, and understands this Agreement and the Master Service Agreement,
and agrees to be bound by all of the terms and conditions of the foregoing documents and policies Early
Termination fees may apply as set forth in Section 15 of the Integra Master Service
Agreement.
1 Estimated Monthly Charges do not include federal, state, and local taxes and fees, federal USF, or the Integra-
imposed Network Access Assessment(NAA), applied dependent on service type in an amount not to exceed 10 95%
(10 99%in Colorado) of monthly charges,which assists in supporting network operations and upgrades Monthly long
distance charges are estimated based on customer's estimated use Actual total charges are subject to acceptance of
Services For more information about taxes, surcharges, and fees please visit www integratelecom com
"As Identified in the Master Service Agreement
City of Kent Integra Telecom of Washington, Inc.
Nt Glen R Heryford
By IV ev �1� K• N�ry�er�
Title: - ae:orzp Nr V&JA Title Senior channel Manager
Date
'Z72Z/1-fl3 Date 02/22/2013
Page 7 of 7
Broadband Bundle Service Agreement Integra Telecom'
integm 700 SW 39th Street Suite 200
TELECOM
Renton,WA 98059
Phone 425-970-7000
Toll Free 888-867-1883
customer Name City Of Kent www inteeratelecom corn
Street Address/Suite 407 Washington Ave N Order Date 2/11/2013
City/State/Zip Kent Service Term 36 Months
Telephone Number Promo Code Select
AE Name/Phone# Cenegi - Jeff Sharon 206 552 7600 IC8 Code
Estimated
Estimated
Monthly Activation Monthly Activation
Charge' Charge Additional services QtY Charge` charge
Intern'I LD Connect Plan D 1 $000 $000
Broadband Bundle-36 Month $99 00 $99 00 Toll Free
Includes Toll Free Rates Interstate select Intrastate select
0 Up To 20 Mbps/2Mbps Internet Access Directory Listings
E1 Business Lines(1-6) CITY 1 Voicemall Options
ElFeature Package Per Line(Up to 16 features) Call Blocking Features
0 Unlimited Outbound Long Distance IP Address Select
2 Premium Voicemail per line Single Number Service
❑+ 60 Minutes Conferencing IS 14/min overage) MTS SMART Base Pi Phs&2 off SW)
E] ISP Package Includes 100 1G8 email,1 GB Web Disk Storage,10 GB SMART Multi-line Display Phone
Transfer,1 Domain Name Hosting,10 Mailing Lists SMART Office Software Pkg
'❑ On-Line Data Storage-10 Gb
Estimated Charges $99 00 $99.00
Broadband Phone Numbers
DIRECTORY PRIMARY LISTING ❑Additional Listings Attached
Company Name City of Kent ifadditional listings are
Address 407 Washington Ave N requested please submita
City,State,Zip Kent,WA 98032 completed Directory Listings -
Telephone Numberto List form
{
Listing Type ❑+ Published non-aublished non-LSted orva Address Choose Directory Select
Customer represents and warrants the above information is true and correct and grants Integra the right to deliver customer's name,address,and phone
number as set forth above to the appropriate directory publishers and directory assistance data bases Customer assumes full responsibility concerning the
right to use any name as a directory listing and agrees to hold Integra free and harmless of and from any claims,loss,damage,or liability that may result
from the use of such listing Integra will take reasonable steps to ensure that the above information appears in the next directory to be published,however,
Integra does not warrant that the listing will be error-free Integra's liability for errors oromisslons,including failure to publish,in Customer directory listings
shall be limited to the charge for that listing during the effective life of the directory containing the error or omission Integra will provide a summary bill
format unless contacted by the Customer to revert to a detailed invoice option
This Agreement including Integra's Master Service Agreement,any schedules or attachments hereto,and Integra's policies and procedures located at
www integratelecom corn,incorporated by reference herein,constitute a binding commitment between Integra and Customer,effective upon execution of a
this Agreement,and supersedes all prior written or verbal agreements or understandings Customer acknowledges that Customer has received,read,and
understands this Agreement and the Master Service Agreement,and agrees to all of the terms and conditions of the foregoing documents and policies
Early Termination fees may apply as set forth in Section 15 of the Integra Master Service Agreement. 9
1 Estimated Monthly Charges do not include federal,state,and local taxes and fees,federal USF,or the Integra-imposed Network Access Assessment
(NAA),applied dependent on service type in an amount not to exceed 10 95%(10 99%in Colorado)of monthly charges,which assists in supporting network
operations and upgrades Monthly long distance charges are estimated based on customers estimated use Actual total charges are subject to acceptance
of Services For more information about taxes,surcharges,and fees please visit www mtegratelecom corn
2 Up to 20 Mbps/2 Mbps Internet Bandwidth Internet connection speed may vary depending on such variables as customer location,Web sites accessed, -;
Internet congestion,customer equipment,customer equipment configuration,and use of other services
3 Unlimited Outbound Long Distance Offer only applies to outbound nationwide(lower 48 contiguous states)only Usage is limited to,and must be
consistent with,average and typical business usage levels Use of auto dialing,internet access,foreign exchange services,call centers,broadcast faxing,or
similar operations are prohibited and additional charges and penalties may apply Integra may also elect,in its sole discretion,to terminate Customer's
Services for violation of the foregoing or move Customer to an alternate service Ian
'As Identified in the Master Service A"ement
Customer Acceptance
Print IN uthor¢ Si ature Date
•' This email contact will be the primary recipient
REQUIRED-Responsible Party email lj "�@ yJ!{.(�0� of future secure information
Integra Telecom
Acceptance
Pf-il
tnte ra®
TELECOM
1201 NE Lloyd Boulevard-Suite 500
Portland Oregon 97232
Direct Dial 503 453 8082
FAX 503 453 8221
hanh tranO.intearatelecom com
Via Registered Mall— Return Receipt Requested
February 25, 2013
City of Kent
Attention City Clerk
220 4th Ave S
Kent, WA 98032
Re: Electric Lightwave, Inc.
Franchise Bond
Argonault Insurance Company Bond #SUR0013732
Bond Amount: $25,000 - '-
Dear Sir/Madam
We are changing surety company and are pleased to submit herewith the above listed bond on
behalf of our subsidiary Electric Lightwave, LLC
This bond which became effective on February 8, 2013 replaces bond number K0704303A
written by Westchester Fire Insurance Company that you are now holding
Please let us know if you have any questions
Sincerely,
Hanh V Tran
Director, Risk Management
s
encl
FRANCHISE BOND
BOND NUMBER SUR0013732
Replaces Bond Number K0704303A
KNOW ALL MEN BY THESE PRESENTS, that we, ELECTRIC LIGHTWAVE, LLC (hereinafter
called the "Principal"), as Principal, and the ARGONAUT INSURANCE COMPANY (hereinafter
called the "Surety"), as Surety, are held and firmly bound unto the CITY OF KENT, WASHINGTON,
(hereinafter called the "Obligee"), as Obligee, in the sum of Twenty Five Thousand ------------and
00/100 Dollars ($25,000.00), for the payment of which sum well and truly to be made, we the said
Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and
assigns,jointly and severalty, firmly by these presents.
WHEREAS, the Principal and the Obligee have entered into a written Agreement (hereinafter referred
to as the "Agreement") dated , wherein the obligee has granted a franchise to the
Principal to use its public streets and places to construct, operate and maintain a telecommunications
service network within the geographic boundaries of City of Kent, Washington for Fiber Optic Cable
Installation; and whereas the Principal has agreed to faithfully perform all of the obligations as detailed
in the Agreement, which is hereby referred to and made a part hereof as if fully set forth herein;
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly
keep all the terms and conditions as outlined in said Agreement, then this obligation shall be null and
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, this bond is executed by the Surety and accepted by the Obligee subject to
the following conditions:
1. No assignment of this bond shall be effective without the written consent of the
Surety.
2. This obligation may be terminated by the Surety by thirty (30) days advance
written notice to the Obligee, such notice to be sent by registered mail. Such
termination shall not affect liability incurred under this obligation prior to the
effective date of such termination.
3. PROVIDED, HOWEVER, it shall be a condition precedent to any right of
recovery hereunder that, in the event of any breach of the Agreement on the part
of the Principal, a written statement of the particular facts stating the nature of
such breach shall be given as soon as reasonably possible by the obligee to the
surety and the surety shall not be obligated to perform Principal's obligation
until thirty (30) days after Surety's receipt of such statement.
4. No action, suit or proceeding shall be had or maintained against the Surety on
this bond unless the same be brought or instituted within one year after the
termination or release of the bond.
Effective Date of this bond is February 8, 2013.
IN WITNESS WHEREOF, said Principal and said Surety have caused those presents to be executed
and their seals affixed this 8th day of February, 2013
ELECTRIC LIGHTWAVE. LLC
Principal
(Seal)
ARGONAUT INSURANCE COMPANY
Surety
Je 'on
_ __ Jef rey M. ion Attorney-
Argonaut Insurance Company As-0039602
225 W. Washington, 6th Floor
Chicago, IL 60606
POWER OF ATTORNEY +
KNOW ALL MEN BY THESE PRESENTS That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State
of Illinois and having its pnnupal office in the.County of Cook Illinois does hereby nominate,constitute and appoint
Mark W Edwards 11,Robert R Freel,Ronald B Giadrosich.Atisa B Pounders,Jeffrey M Wilson,Evondia H Woessner
Their true and lawful agent(s)and attorney(s)-m-fact,each in their separate capacity if more than one is named above,to make,execute,seal and dehve<<;
r to
and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship pryi"t1ed,-. ,
however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of
$20.000.000 00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopte the Board of Directors of
Argonaut Insurance Company
"RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary Treasurer Inad each of them hereby is
authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,whl hiiiay be attested or acknowledged by any
officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,t execuffe in behalf of,and acknowledge as
the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretfp,and to affix the corporate seal thereto"
IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be eunta,Afllxed and these presents to be signed by its duly
authorized of6cei on the 15th day of September,2011 Argonaut Insurar(c.,Company
11-1
by
Michael E Arledge President
STATE OF TEXAS
COUNTY OF HARRIS SS
On this 15th day of September,2011 A D,befor otary is of the State of Texas,in for the County of Harris,duly commissioned and
qualified,came THE ABOVE OFFICER OF F COMPA to me personally known to be the individual and officer described in,and who executed the
preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company
aforesaid,and that the seal affixed tq_4he preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as
ar
officer were duly affixed and subscrl�ed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the
Board of Directors of said pagfy refened to in the preceding instrument is now in force
0
IN TESTIMONY O e hereunto set my hand,and affixed my Official Seal at the County of Hams,the day and year first above written
W COMM EV 07-I5-2013
(Notary Public)
1,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which
the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked
i
IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the day of
Joshua Betz Assistgrit'VAtPresiIIeat
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH BLUE SERIAL NUMBER IN THE UPPER RIGHT
HAND CORNER.IF YOt HAVE QL ESTIONS ON AU FHENTICITI OF THIS DOCUMEN F CALL(210)321-5400.
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
wen 1"o n
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Tamara Rose Phone (Originator): 4602
Date Sent: 1/20/2013 Date Required: 1/21/13
Return Signed Document to: Tamara CONTRACT TERMINATION DATE-
VENDOR NAME: Integra DATE OF COUNCIL APPROVA • 2/19/2013
Brief Explanation of Document:
Contract approved by Law and Council to enter into a 3-year agreement with Integra Telecom
for telecommunication services for the City.
is Must Be Routed Through The Law Department
FEB 21 2013 (This area to be completed by the Law Department)
Received:
c
Approval ,KEW-; iN DEPT. ED
Law Dept. Comments:
Date Forwarded to Mayor: FEB 9
City of Kent
Shaded Areas To Be Completed By Administration Staff ON
Received:
Recommendations and Comments: FE0 �p13
Disposition: �Z2�/3 0f
Old-- yCE
�=, f � cG ctERK
Date Returned: