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WC1
Letter of Authorization
FOR WCI
To: All concerned Local Exchange Carriers, Interexchange Carriers, Other Common Carriers,
Resellers, Consultants, Joint Users Members, and Equipment Vendors.
City of Auburn
(Customer name)
Hereby appoints World Communications, Inc. (WCI) to act as its agent in all dealings with:
Local Exchange Carriers
Interexchange Carriers
Other Common Carriers
Specialized Common Carriers
Resellers
Consultants
Joint User Groups
Equipment Vendors
WCI is also authorized to obtain billing information, customer service reports (CSR), and credit
information.
THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL MODIFIED OR REVOKED IN WRITING.
Please Return to Customer Service Rep
Carrier/s
Customer Address 25 %V N1ain St Auburn, WA 98001
BTN' Date 6/23/2008
Person to Aut
Signature ri Print a 'or Peter Lewis
Title '?la? or
'Request will be rejected without BTN. Each BTN must be requested separately
WC/
1945 Yale Place East
Seattle, Washington 98102
WCI MASTER SERVICE AGREEMENT p: 206.652.4470 f: 206.652.4468
Arrnttnt Infnrmation
Company Name: CI of Auburn ? busting Customer Account No.
Address (No Po Box) 25 West Main City Aubum State WA Zip: 98302
Phone: 253.931.3000 Fax
Contact Name: Colin Schmalz Contact Title
Contact Phone: 253.931.3000 Contact Email
Billina Information
Address City State Zip:
Phone: Fax
Contact Name: Contact Title
Contact Phone Contact Email:
Do you wish to receive your invoices electrer cally? L_j Yes Corporate 8,ihng: Yes
Local Dialtone Services
Term 12 months 24 months 36 months 60 months Term 12 months C 24 months 36 months El 60 months
Service QTY MRC NRC Service QTY MRC NRC
Month-to-Month Service
Total S0.00 $0.00 Total $0.00 $0 CC
I nnn nictanre Rates Data Services
Type Switched Dedicated Term C 12 months ? 24 months 36 months ? 60 months
1+ Intrastate (In-state) $0.0390 Service OTY MRC PJRC
1+ Interstate (Out-of-state) $0.0390
Canada $0.0690
Total $0.00 $C
This agreement, including any schedules or amendments. constitutes the entire understanding of the parties with respect to the sub/ect matter hereof and supersedes ary
all phor or contemporaneous oral or written agreements with respect to such subject matter. I understand that service is contingent upon Company's approval, which ;s gjrer
upon activation, 7tus agreement may be amended only by a written instrument executed by both parties. Cus s to the terms and conditions aracned Sig iar:ire
indicates tha! this person is duly suthonzed to execute this Agreement for said customer.
WCI Customer:
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
TERMS .AND CONDITIONS OF SERVICE
The following terms and conditions apply to use of all services purchased from World Communications, Inc. (""Cl"). By signing the
attached Master Service Agreement or using services purchased from WCI, the part)' listed in the "Customer Name" or "Account Name"
section of the Master Service Agreement ("Customer") agrees to the terms and conditions below and shall be bound by them. The Master
Service Agreement and these Terms and Conditions of Service are collectively referred to herein as the "Agreement".
ACCESS AND USE OF ACCOUNT. Customer designates WCI as its agent to authorize the selection of Customer's primary long distance carrier for 1+ equal access
dialing, toll free service, dedicated access service, local dial tone andlor data services (collectively, the'Services") as detailed on the attached Master Service Agreement
LIABILITY OF CUSTOMER FOR UNALTHORIZED CHARGES AND USE. Customer assumes full responsibility for any and all use of the Smices and
Customer's account, regardless of whether Customer authorized the use, Customer shall be solely responsible for the charges associated with the telephone numbers listed
for Customer's account, regardless of whether Customer authorized the calls. and shall be solely responsible for the security of any of Customer's identification codes or
passwords associated with the Services.
MONTHLY PAYNIENTS. WCI will provide monthly invoices covering thirty (30) day periods, which will be due and payable fifteen (15) days from the invoice date
("Due Date"') Prompt payment is appreciated. A late payment fee will be applied on balances that remain unpaid past the Due Date. This fee shall be the lesser of (r) one-
and-a-half-percent it 5%) of the unpaid balance per month from the date of invoice, or (it) the maximum interest amount allowed by applicable law If WCI deems it
necessary to take action to collect any amounts not paid by Customer, Customer shall pay all costs of collection incurred by WCI to the extent permitted by applicable law
including but not .imrted to any attorneys' fees, collection agency fees and court costs In addition. W'C1 may disconnect Customer's service if Customer fails to pay
amounts due to 1N 'CI ir a timely manner.
BILLING. In the event Customer submits a telephone number(s) on the order form which does not belong to the Customer, Customer shall be responsible for all long
distance charges and any local exchange carrier PIC charges for that number(s) In WCI's sole discretion, N'CI may bill Customer through the Customer's local telephone
company or through the Customer's credit card, and Customer hereby consents to such charges. All accounts are subject to a $ 10 monthly minimum service fee
USE OF DATA SERVICE AND THE INTERNET. The Services may connect Customer to the Internet Customer understands that the Internet contains unedited
materials, some of wh:ch rray be offensive to some people, and that Customer accesses such materials at Customer's own risk. Customer agrees to abide by all laws which
are applicable to use of the Services and the Internet. Customer shall refrain from all fraudulent, improper or illegal use of the Internet, including infringement of any
copyright or trademark, unauthorized copying or transmission of software, access to or downloading of any obscene or unlawful material, or defamation or disparagement
of any individual or entity Customer also agrees to refrain from using the Services to send bulk entail (spam), harass, defraud, hack or attempt to gain unauthorized access
to any sites or systems Customer shall not sell, assignor transfer access to the Services to any third party. Customer assumes sole responsibility regarding the existence or
etTects of any virus, worm, Trojan horse, or other computer code that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, software, data,
or other material which may be transmitted via the Services or the Internet Customer shall refrain from using equipment or using the Services in away which is likely to
cause harm, interference or obstruction of NVCI's network services orequipment. Customer must use the Internet Protocol (IP) address or addresses assigned to it WCI
.
may make random IP swipes and, if necessar. reduce, reallocate or reassign the IP addresses assigned to Customer as WCI deems necessary
INTERRUPTION OF SERVICE AND WARRANTY DISCLAINIER Customer shall be entitled, as is sole and exclusive remedy, to a pro-rata adjustment for any
interruption of service in excess of twenty-four (24) consecutive hours after the interruption is brought to NCI's attention. Under no circumstances shall such pro-rata
charge exceed one (1) month's service OTHER THAN THIS ADJUSTMENT, ALL SERVICES AND EQUIPMENT ARE PROVIDED "AS IS" AND ".AS
AVAILABLE" NCI MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO THE DESCRIPTION, QUALITY, MERCHAN'TABILITY. COMPLETENESS OR
FITNESS FOR ANY PURPOSE OF THE SERVICES OR GOODS PROVIDED HEREUNDER. WCI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DAMAGES DISCLAINIER AND LIMITATION OF REMEDIES. WCI, ITS UNDERLYING CARRIERS AND ANY OTHER PARTIES PROVIDING, SELLING,
ARRANGING OR RESELLING SERVICES OR EQUIPMENT ASSOCIA FED WITH THIS AGREEMENT SHALL NOT BE LIABLE TO CUSTOMER OR ANY
OTHER PARTY FOR ANY CONSEQUENTIAL. INCIDENTAL, SPECIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING LOST PROFITS OR THIRD-
PARTY DAMAGES, EVEN IF N'CI OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY RESULT
FROM ANY BREACH. ACT OR OMISSION OF WCI UNDER THIS AGREEMENT. IN PARTICULAR. WCI SHALL HAVE NO LIABILITY FOR ANY
DAMAGES ARISING FROM ANY FAILURES. INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN SERVICES OR EQUIPMENT PROVIDED TO
CUSTOMER, NOR SHALL N'CI H.AVE ANY LIABILITY FOR ANY DAMAGES CLAIMED FOR LOSS OF INCOME, REVENUE OR PROFITS, OR LOSS OF
GOODWILL Customer understands and agrees that the cancellation of its account in accordance with the terns and conditions of this Agreement is Customer's sole right
and remedy with respect to any dispute or problem with WCI Some states or jurisdictions do not allow the exclusion ofor the limitation of liability for consequential or
incidental damages, and the above limitations may not apply to you. In such situations, N'CI's liability shall be limited to the extent permitted by law.
INDEMNIFICATION. Upon request by WCI, Customer agrees to defend, indemnify and hold harmless WCI, and its affiliated subsidiaries, employees, contractors,
officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys' fees, arising from, resulting from, or
connected with (it a breach of this Agreement by Customer, (u) transmission of arty content, data or information via the Services by Customer or through Customer's
account, and (m) any activity related to Customer's account, including the use of the Services or the Internet by Customer.
TERN At TERMINATION. This Agreement is fully binding and enforceable as of the date it is signed by both parties ("Effective Date") Customer shall have the
Services installed and maintain the Services for the term specified on the blaster Service Agreement ("Service Term"). The Service Term ofths Agreement begins on the
date that Customer's service is installed, not the date that this Agreement or the Master Service Agreement is executed by Customer If Customer is on a service plan other
than month-to-month, Customer must notify W Cl, in writing, sixty (60) days in advance of the end of its Ser ice Term to cancel or change the Services, or the Services
will automatically renew for a 12 month term If Customer is on a month-to-month plan. Customer must notify WCI in writing thirty (30) days in advance to cancel or
change the Services.
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CUSTOMER EARLY TERMINATIONS. All terminations of %%'CI Services after the Effective Date must be in writing and must be delivered to WCi in the manner
prescribed in this Agreement for delivery of notices Any purported notice that is not in writing and is not delivered in accordance with the provisions of this Agreement
shall not be effective. In the event the Customer has signed a term agreement. Customer shall be liable to N'CI for certain damages for early termination. Early
termination, to be effective, requires payment in full of all outstanding charges and sixty (60) days written notice to WCI in the manner prescribed in this Agreement for
delivery of notices Customer charges will be stopped forty-five (45) days from the date NVCI receives the termination request and payment of any outstanding charges.
including am termi nation charge. Nothing in this paragraph shall be construed to limit Customers liability for damages for early termination of its Services.
TERMINATION LIABILITY. In the event Customercancels or terminates this Agreement or any Service Order after the Effective Date and prior to the expiration of
the then-current term, Customer agrees to pay WCI a termination charge as follows: i) All non-recurring charges specified in this Agreement or any Service Order
(including previously waived charges), and ii) the average monthly service charges and usage amounts billed to Customer's account, multipl led by the number of months
remaining in the Service Term, in one lump sum to N'CI within thirty (30) days of termination The panics agree that the foregoing termination charge shall compensate
WCi for its reasonable anticipated loss due to Customer's cancellation or termination of this Agreement or any Service Order prior to its expiration WCl may terminate
this Agreement at any time with thirty (30) days notice to Customer In addition, WCI may immediately terminate this Agreement or suspend the provision of the Services
to Customer if any of the following occur (i) a failure by Customer to pay all required fees and charges under this Agreement when due, (ii) a breach of any covenant.
term or condition of this Agreement by Customer. (iii) Customer makes an assignment for the benefit of creditors or becomes bankrupt or insolvent; or( iv ) WCI is unable
to provide the Services by reason of any cause outside its reasonable control, including but not limited to earthquake, flood, fire, failure of a WCI supplier to perform, or
labor dispi.te No individual or entity, including Customer, shall have, receive or retain any proprietary interest in any toll free service number or other telephone number.
ORDER CANCELLATION CHARGES. In addition, or as an altemattve. to any other remedies provided for in this Agreement, W'Ci further reserves the right, in its
sole and absolute discretion, to charge a cancellation fee if the Customer cancels the Service Order prior to the circuit install date. The rate for this cancellation fee is $200
per workday per location and per service as defined in the Master Service Agreement and begins on the day the Effective Date
ASSIGNMENT. Neither party shall assign, sublet, or transfer any interest in this Agreement without the prior written consent ofthe other party, which consent shall not
be unreasonably withheld; provided, however, that WCI may assign and transfer this Agreement to am parent subsidiary, successor, affiliated company or other business
entity without the prior written consent of Customer.
USE BV MINORS. If a minor uses the Services through Customers account, Customer (p shall exercise supervision over the minors use of the Services and access to the
Intemet, (n) assumes all risks associated with the minors viewing ofcontent received through use of the Services and the minors transmission of materials, content, or
information via the Internet, (in) assumes anv and all liabilities resulting from the minors use of the Services, and (iv) consents to the collection, use and disclosure of
information about the minor and the minors use of the Services.
UNIVERSAL SERVICE FUND CFLARGE. A monthly Universal Service Fund charge shall be added to each bill based upon the total billed revenues. This charge shall
be based upon the Federal Communications Commission assessment
PAY TELEPHONE (P AYPHONE) SURCHARGE. A surcharge shall be assessed for each call made from a pay telephone to a toll free number or using a calling card
and dialing the carrier prefix in the form 101 XXXX Although collected on your bill, this charge is reimbursed to pay telephone service providers. The initial charge is
$0.60 per call, but may var) from time to time as the Federal Communications Commission or payphone service providers change the rate for pay telephone compensation.
NUMBER PORTING. if W'Cl will be porting phone numbers from customer's previous carrier to the WC1 network, a List A will be provided outlining the numbers to
be ported Customer will be required to verify information and sign off on the List A and return to %VC1 for their records. Any changes to the List A after customer has
signed off could result in a $200 charge to the customer. Once the information has been confirma a port date will be established. If the port date is cancelled within five
(5) days of the scheduled date, the customer will incur a 5500 fee.
DISPUTES. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington without regard to conflicts of laws principles.
The forum for any dispute arising Linder or relating to this Agreement shall be the state and federal courts of Fang County, Washington, and both parties submit to the
jurisdiction and venue of such courts. The substantially prevailing party in any legal proceeding relating to or arising from this Agreement shall be awarded its reasonable
attorneys' fees and costs incurred including without limitation those incurred on appeal or in any bankruptcy proceeding If notice of a dispute as to charges is not received,
in writing, by "Cl. 'within ninety (90) days after date of invoice, such invoice shall be deemed to be correct and binding upon Customer Customer must pay all
undisputed charges per the terms of this Agreement.
MISCELLANEOUS. If any pan of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect,
as near:. as possible. the original intentions of the parties. If such interpretation is not possible, that portion shall be deemed severed from this Agreement and the
remaining portions shall remain in full force and effect WCi's rights under this Agreement may not be waived unless contained in a writing signed by an authorized
representamve of WCI, and failure by WCI to enforce any of its rights under this Agreement shall not constitute a waiver of such rights This Agreement shall not be
assigned or transferred, in whole or in part, except by %VCI to any entity controlling, controlled by or under common control of %ti CI or in connection with an entity that
purchases substantially all of the assets of WCI The person executing this Agreement on behalf of Customer must be over eighteen years of age The "Interruption of
Service and Warranty Disclaimer," "Damages Disclaimer and Limitation of Remedies," and "Indemnification" provisions shall survive the termination or expiration of this
Agreement.
NO INSTALLVFION GUARANTY. WCI will use its best efforts to provide the Services ordered on or before the requested dates, yet there is no delivery guarantee due
to interfacing with multiple vendors. The Customer will be notified of delivery milestones and potential delays if applicable In any case the Customer must be prepared
for installation when notified of the circuit being tested and released Customer agrees that WCi shall not be liable for any expenses caused by delays in installation.
INSTALLATIONS. Installations shall be scheduled within normal business hours (Monday through Frida), 8 00am - 5 o0pm). After-hours installations will incur
additional charges N'C'I reserves the right to charge a fee of up to $2.000 per circuit per location for order expedites. Expedites offer no guarantee of an earlier
installation date. var.ables such as facilities, carriers and network availability are determining factors.
GENERAL. Am amendment to this Agreement must be in writing and signed by the parties hereto Facsimile copies of thus Agreement and any amendments or
modifications hereto, including facsimile signatures, will be accepted by the parties as originals. The failure of either party to insist upon the performance of any provision
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or to exercise and right granted hereunder w-i II not be construed as a waiver of such provision(s), and the same will cont inue in full force . If any provision hereof is held to
be invalid, void, or unenforceable, the remainder of the provisions will nevertheless remained unimpaired and in effect. All notices which may be, or are required to be,
given under this Agreement shall be in writing and shall I% delivered personally, sent by a commercially recognized overnight courier such as Federal Express or LIPS, serf
by certified mail or sent by facsimile transmission with a machine which provides electronic confirmation of delivery . Notices shall be sent to the addresses listed on the
front of this Agreement and in the case of any notice to H'CI, a copy shall also be sent in the manner provided above to the following address. WCI Legal Department,
1945 Yale Place East, Seattle. WA 98102, FAX NO 206-774-4000. The venous rights and remedies given to or reserved by either party herein or allowed by law, are
cumulative, and no delay or omission to exercise am of its rights will be construed as a waiver of any default or acquiescence, nor will arty waiver of any breach or any
provision be considered a condonement or any continuing or subsequent breach the same provision.
4-
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* Fax Communication
CITY of Information Services
AitiBURN 2 First St. SE
WASHINGTON Auburn WA 98002
Fax 253-876-1920
To: Andrea Blubaugh From: Colin Schmalz
Fax: 206-652-4468 Title: Network Comm Engineer
Phone: 206-219-5712 Phone: 253-804-5021
Date: July 11, 2008 Pages: 5
Re: Letter of Authorization CC:
Remarks: ? Urgent ? For Review ? Please Reply ? For Your Information
Original: ? will follow in mail ? will not follow in mail
• Comments:
Andrea,
I will be out of the office next week, please feel free to give me a call the following week to discuss
coordination of this change order.
Thanks, Colin
CONFIDENTIALITY NOTE: The information contained in this facsimile message is legally privileged and
confidential information intended only for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
facsimile is strictly prohiCaed. If you have received this facsimile in error, please immediately notify us by telephone
and return the original message to us at the address set for above.
AUBURN- MORE THAN YOU IMAGINED