Contract Signed: Network Services Contract
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THE CITY OF
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MEMORANDUM
Date: October 19, 2006
To: Michael C, Van Milligen, City Manager
From: Chris Kohlmann, IS Manager
RE: Network Services Contract
DISCUSSION
Attached, please find the latest renewal of the contract for network support services
for the City, This contract is a maintenance contract with Communications
Engineering and covers update and support for all network equipment for the City
and DLEC for an amount of $24,836,19, The expense for this item is budgeted in
the Information Services Department budget The amount budgeted for FY 2007 is
$25,000, There have been no changes in terms from last year.
ACTION STEP
I am forwarding this contract to you for signature under the direction of the revised
guidelines for contracts distributed in a memo from Assistant City Manager Cindy
Steinhauser earlier this year.
I would ask that you sign this contract and return to me, If you have any questions,
please let me know, Thank-you,
10/19/2006
10/17/2006
TechnoloC;y At WOrk
Comn",ni::al""" El"Gil1Mll"iJ COfrl='A~
Service Contract
&
Statement of Work
Contract # 05N0402
September 1, 2006 - August 31, 2007
PREPARED FOR:
ON
OCTOBER 17, 2006
1:21 PM
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STATEMENT OF WORK
Statement of Work Timeframe:
This Service Contract will run from September 1, 2006 through August 31, 2007. Unless otherwise stated, at the
end of this timeframe CEC and the City of Dubuque will endeavor to review this Service Contract and update the
Equipment List. CEC's normal business hours are 7:30am to 4:30pm Monday through Friday, exclusive of
CEC-observed holidays.
Response Time:
Response time for this Service Contract begins when the City of Dubuque contacts the CEC Customer Support
Center (CSC), via the telephone numbers listed below. Emails are recommended for non-emergencies only, are
processed as received and may delay CEC Response Time. Once the CSC is contacted, the City of Dubuque is
offered a callback within four (4) hours and a Technician ansite within eight (8) hours. Response times are valid for
items on the attached Equipment List during CEC's normal business hours. Calls requiring a response outside of
these noted response times and/or hours, or for items not on the attached Equipment List, will be billed to the City of
Dubuque at CEC's T &M rates. The CSC phone numbers are:
Hiawatha (319) 294-9000 x1299
Toll free (866) 423-2247
Email cecservice@ceciowa.colll (email for non-emergencies only)
Service Contract Labor:
CEC Labor to repair items on the attached Equipment List, from normal wear and usage, is included with this
Service Contract when performed during the Response Time(s) noted above. Normal wear and usage does not
include negligence, misuse, external force, physical abuse, loss of electrical power or power fluctuation. Labor
completed outside of the Response Time(s) noted above, for items not on the attached Equipment List, or for repair
of items outside of normal wear and usage, will be billed to the City of Dubuque at CEC' s T &M rates. Lift rental or
rental of specialized equipment needed for repair of equipment is not included with this Service Contract.
Parts Replacement:
Next Business Day Parts Replacement is included with this Service Contract, through Cisco SMARTnet, from
normal wear and usage of the noted Cisco items on the attached Equipment List. Once released by a Cisco
Technician, parts will be available for Next Business Day delivery. Replacement of physically damaged equipment
is not included in this Service Contract. In order to ensure proper coverage through Cisco SMARTnet, all model
numbers and serial numbers of chassis' and component cards must be shown on the attached Equipment List.
Component Parts Replacement is included with this Service Contract from normal wear and usage for the remainder
of the items on the attached Equipment List. Advanced system replacement, complete system replacement and
replacement of physically damaged equipment is not included in this Service Contract.
Preventative Maintenance:
Preventative Maintenance checks are not included with this Service Contract.
Software Updates:
Cisco IOS Software Updates are included with this Service Contract, through Cisco SMARTnet, for the noted Cisco
items on the attached Equipment List. Updates can either be downloaded from the Cisco website or ordered on
physical media directly from Cisco. CEC labor to install software updates is not included with this Service
Contract.
. T&M -CEC time and materials rates.
. Advanced Replacement - Loaner equipmenl during out of office maintenance period (i.e. radio, camera, monitor, ete).
PAGE 2 OF 7 FOR OSN0402
***CONFIDENTIALlTY STATEMENT***
All information, concepts, diagrams and pricing contained in this document are proprietary and stric{]y contldential. Neither CEC nor the City of
Dubuque will share or distribute this documenl, in whole or in part, with any third party, without prior written approval from both parties.
October/7,1006
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Item Serial #
WS-C2950G-24-EI FOC0742XIHJ
WS-C2950G-24-EI FOC0742WIHW
WS-C2950G-48-EI FHK0729X02X
WS-C2950G-48-EI FHK0729Y038
WS-C3750-48TS-S CAT0748ROWT
WS-C3750-48TS-S CAT0748ROWY
WS-C3750-48TS-S CAT0748ROWM
WS-C3750-48TS-S CAT0748ROXE
WS-C3750-48TS-S CAT0748ROX3
WS-C3750-48TS-S CAT0748ROXl
WS-C3750-48TS-E CAT0734ROUT
WS-C2750-24TS-S CATl025ZKWB
WS-C3750G-24TS-E CAT0743XOVM
WS-C3750G-24TS-S 1 U FOCI 0 19YOKZ
WS-C3750G-12S-E CAT0740ROR8
WS-C3524-XL-EN FAB0528WIFT
WS-C3512-XL-EN FAB0544WIKG
WS-C2950G-48-EJ FHK0632W276
WS-C2950G-24-EI FOC0742Z2DU
WS-C2950G-24-EI FHK0633WOVG
WS-C2950G-24-EI FHK0624Y008
WS-C2950G-24-EI FOC0817XOW4
WS-C2950G-24-EI FOC0811 W42W
WS-C2950G-24-EI FOC0620XIG3
WS-C2950-24 FHK0646Z0KE
WS-C2950-12 FOC0616WIPY
WS-C2950-12 FOC0831 Y26Y
WS-C2940-8TF-S FHK0815Y12T
WS-C2940-8TF-S FHK0920Z06Z
WS-2960-24TC-L
WS-2960-24TC-L
WS-2960-24TC-L
WS-C2940-8TF-S
WS-C412M
CISC02610XM
CISCO 1721
CISCOI721
CISCO 1721
CISCO 1721
CISCO 1721
FHK0920X09K
ACT0618010U
JMX0703L8U6
JMX071OJOTJ
JMX07lOFINS
JMX0710FIPI
JMX0710FINA
FTX0832XOZN
EQUIPMENT LIST*
Location
Basement - 855 Central A venue
l,t Floor - 855 Central A venue
Basement - 855 Central A venue
1'1 Floor - 855 Central A venue
City Hall
City Hall
City Hall
DLEC
DLEC
DLEC
Annex
Library
Annex
Parts Replacement
Included
Y - 24x7x4
Y - 24x7x4
Y - 24x7x4
Y - 24x7x4
y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y- 8x5xNBD
Y - 8x5xNBD
Y- 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y - 8x5xNBD
Y- 8x5xNBD
y- 8x5xNBD
Y- 8x5xNBD
Y- 8x5xNBD
Y- 8x5xNBD
Y- 8x5xNBD
Y 8x5xNBD
Y- 8x5xNBD
y- 8x5xNBD
Y- 8x5xNBD
y- 8x5xNBD
Y- 8x5xNBD
Annex
Harbor View - GDDC
Harbor View - Attorney
Spare
5 Flags
Fire Headquarters
Water Dept.
Airport
Airport
Transit
Housing
Courthouse
City Hall Annex
Airport
Fire Station 3
County Courthouse
51h Street Parking Ramp
Locust Street Parking Ramp
Fire Station 4
4th Street Ramp
City Hall
Housing
Parks & Rec.
Wastewater
Airport
In The Annex Basement
PAGE 3 OF 7 FOR OSN0402
"'''''''CONFIDENTIALITY STATEMENT"''''.
All information, concepts, diagrams and pricing contained in this document are proprietary and strictly contldenlial. Neilher CEC nor the City of
Dubuque will share or distribute this document, in whole or in part, with any third party, without prior written approval from both parties.
OcmbtrI7.2006
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PIX-515E-UR-BUN
PIX-501-BUN-K9
PIX-501-BUN-K9
PIX-501-BUN-K9
AIR-API231G-A-K9
88808350885
88808371299
88808371242
88808371219
FOC08163KBR
In the Annex Basement
JFK Fire Station 2
S. Grandview Fire Station 5
Rhomberg Fire Station 6
Fire Headquarters
y- 8x5xNBD
y- 8x5xNBD
y- 8x5xNBD
y- 8x5xNBD
y - 8x5xNBD
PAGE 4 OF 7 FOR OSN040Z
*"'*CONFIDENTIALITY STATEMENT"'**
All information, concepts, diagrams and pricing contained in this document are proprietary and strictly confidential. Neither CEC nor the City of
Dubuque will share or distribute this document, in whole or in part, with any third party, without prior written approval from both parties.
Ocrobuf7.2006
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AUTHORIZATION TO PROCEED
CEC is authorized to proceed with the Service Contract coverage in accordance with the attached Statement of
Work. CEC and the City of Dubuque acknowledge that this Statement of Work is subject to the Terms and
Conditions of the "Service Contract Master Agreement", attached hereto and incorporated herein as Exhibit A.
~
. Service Contract Prices are valid for 30 days from dale in authorization block below
. Taxes and handling costs, where applicable, are not included in the Service Contract cost.
x
x
x
Authorized Signature(s) & Date
Dave Blazicek
Account Manager
Ii; /1 qlu'~
Date f I
October 17 2006,1:21:24 PM
Date
After hours contact information:
In some instances, a customer may need to be conlacted after normal business hours by CEC. Please provide a valid after-hours contact name
and phone number.
Chris A. Kohlmann 563-599-2695
Contact Name (please print)
Contact Phone Number
PAGE 5 OF 7 FOR OSN0402
***CONFIDENTIALITY $TATEMENT***
All information, concepts, diagrams and pricing contained in this document are proprietary and strictly confidential. Neither CEC nor the City of
Dubuque will share or distribute this document, in whole or in part, with any third party, without prior written approval from both parties,
OcwberJ7,lOO6
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SERVICE CONTRACT MASTER AGREEMENT ("Al!reement") - Exhibit A
Between Communications Em~ineerin2 Comoanv ("eEe"). an Iowa CorDoration. and City of Dubuoue ("Customer"),
Recitals: i. It is anticipated that CEC will provide services to Customer as identified on auached Statements of Work ("Statements of Work").
ii. CEC and Customer desire to set forth the terms and conditions thai will govern the Statements of Work
In consideration of the mutual obligations sel forth in this Agreement and the separate Statements of Work, CEC and customer agree as follows:
1. STATEMENT OF SERVICES
A. Scone of A2reement. This Agreement contains the final and complete agreement and understanding with respect to the subject matter hereof
and super-cedes all prior agreements, proposals, negotiations, letters of intent, or other correspondence, whether written or oral, relating to the
services performed hereunder.
B. Statement oCWork. CEC shall provide standard maintenance, monitoring, updates, and general service as identified on the Statements of
Work and agreed to by the parties ("Services"). Each such Statement of Work shall contain a detailed written description of the Services to be
performed, the term of performance and the cost of providing the Services. Each such Statement of Work is incorporated into and made a part of
this Agreement. Service, maintenance or repair resulting from configuration changes made or attempted by persons unauthorized by CEC is
excluded from the Statement of Work. Any work done by CEC that is non-system related or not covered by the Statement of Work, will be bi1led
to the Customer at Time and Materials rates.
C. Customer Resoonsibilities. Customer warrants that all equipment listed in the Statements of Work ("Equipment") is in good working order
and is installed or operating according to the original manufacturer's specifications. Customer agrees to prevent unauthorized service to
Equipment. Such unauthorized service to Equipment shall, in CEC's sole discretion, be cause for a material breach hereunder and/or cause CEC
to immediately terminate Services as to that piece of Equipment. Customer has no right to a refund or offset payment attributable to any such
termination of Services to the Equipment.
D. Exclusions from Standard Maintenance. Specific items excluded from standard maintenance include, but are not limited to: base station
antenna; base station transmission lines; base station multi-coupler; tower or tower lighting; external power supply system and/or battery; pager
or portable batteries; pager or portable accessories (speaker mics. etc.); reprogramming of Equipment with different parameters; diagnostics to
locate external interfering signals; ccrv video tube.
E. TeleDhone Lines. Where telephone lines and Equipment are used in conjunction. CEC has no responsibility for such telephone lines. Upon
request and mutual agreement of the parties, CEC will, at time and material rates, assist telephone-company in repairing problems. Service,
maintenance or repair resulting from configuration changes made or attempted by persons unauthorized by CEC is also excluded from the
maintenance agreemenl. Any work done by CEC that is be non-system related or not covered by the Statement of Work, will also be billed to the
Customer at time & Material rates.
F. Obsolete EQuioment. Obsolete equipment is defined by CEC as equipment that is no longer manufactured or for which parts are no longer
available from the manufacturer. Obsolete equipment that is found by CEC technicians, and is listed on the Statement of Work. will be
recommended for replacement or removal from the customers system. CEC will make a reasonable attempt 10 repair the Obsolete Equipment,
provided parts are available from another source. It is the sole responsibility of the Customer to replace Obsolete Equipment.
G. CEC ResDonsibilities. CEC will meet all response times, both callback and onsite times, and keep Equipment in working order - as set forth
in the Statement of Work. CEC shall assume sole responsibility for the supervision of its staff assigned to perfonn work under the Statement of
Work. CEC may, in its sole discretion, appoint a third party to complete any work on behalf of and for CEC. Appointment of a third party will
not relieve CEC of its duties or obligations hereunder.
2. PAYMENT
A. All Services performed by CEC that are not covered by the Statement of Work shall be rendered on a time and materials basis.
B. Invoices shall be rendered to Customer prior to commencement of Services. Payments are due in full within thirty (30) days of invoice date.
C. If Customer fails to pay any amounts due within thirty (30) days of it being due, Customer shall be charged a finance charge of
I If:z % per month or any part thereof, on the complete outstanding principle, until Customer becomes current with its account. CEC reserves the
right to apply any payment towards outstanding finance charges prior to any principle balance due hereunder.
D. If Customer becomes more than thirty (30) days delinquent, in CEC's sole discretion, such delinquency shall be considered a material breach
hereunder and CEC can either suspend the Services until Customer becomes current or terminate this Agreement and/or any applicable Statement
of Work. Suspension or termination of Services pursuant to this Section 2.0. shall not affect any Olher rights or remedies available to CEC
hereunder.
E. Any and all taxes, except income taxes, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales
or use taxes, shall be paid by the Customer. CEC shall not be responsible for any taxes or penalties assessed by reason of any claims that CEC is
an employee of Customer. Customer and CEC hereby specifically agree and acknowledge that CEC is not an employee or agent of Customer.
3. CONFIDENTIALITY
A. Definition of Confidential Information. The term "Confidential Information" shall mean matters relating to Customer's business activities
or CEC's business activities that is in written form and clearly marked "Confidential" (or words of similar impact).
B. Standard of Care. During the term of this Agreement and for five (5) years thereafter, each party shall use its beSI efforts to hold all
Confidential Information in contidence.
4. WARRANTY OF PERFORMANCE
A. Standard of Performance. CEC shall exercise reasonable efforts to perform the Services in accordance with each Statement of Work in a
reasonable manner.
B. Manufacturer's Warranties. When permitted by the manufacturers, CEC will pass through to Customer the manufacturer's warranties on
equipment and material provided by CEC pursuant to a Statement of Work
C. Disclaimer of Warranties. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
lMPLIED, STATUTORY OR OTHERWISE, AND CEC HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON.INFRINGEMENT, AND QUALITY OF SERVICE. CEC WARRANTIES RUN ONLY TO THE CUSTOMER AND
NOT TO THIRD PARITES.
PAGE 6 oF7 FOR 05N0402
***CONFIDENTIALlTY STATEMENT***
All information, concepts, diagrams and pricing contained in this document are proprietary and strictly contidential. Neither CEC nor the City of
Dubuque will share or distribute this document, in whole or in part, with any third party, without prior written approval from both parties.
OcroberI7.2006
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5. LIMITATION OF LIABILITY AND INDEMNIFICA nON
A. Limitation or Liabilitv. IN NO EVENT SHALL eRe BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH, OR
RELATING TO THIS AGREEMENT OR ANY STATEMENT OF WORK, WHETHER OR NOT SUCH DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT CEC HAS BEEN ADYISED OF THE PossmILITY OF SUCH DAMAGES,
INCLUDING BUT NOT LIMITED TO BODILY OR PHYSICAL INJURY, DEATH, LOSS OF PROFITS OR REVENUE, LOSS OF
GOODWILL, ATTORNEYS FEES, DAMAGE TO BUSINESS OR BUSINESS RELATIONS, LOSS OF USE OF EQUIPMENT, COST
OF CAPITAL, COST OF SUBSTITUTED FACILITIES OR SERYICES, DOWN-TIME COSTS, CLAIMS BY CLIENTS OR
CUSTOMERS OF CUSTOMER, OR DAMAGES FOR ECONOMIC LOSSES OR PROPERTY DAMAGE ARISING FROM,
CONNECTED WITH, OR RELATING TO CEC'S ACTS OR OMISSIONS, WHETHER UNDER NEGLIGENCE, STRICT
LIABILITY, OTHER PRODUCT LIABILITY THEORIES, OR OTHER LIABILITY THEORIES. CEC'S TOTAL LIABILITY TO
CUSTOMER OR ANY THIRD PARTY FOR ANY REASON OR CAUSE OF ACTION SHALL NOT EXCEED THE AMOUNT PAID
TO CEC PURSUANT TO THE STATEMENT OF WORK RELATED TO THE CAUSE OF ACTION. THIS LIMITATION OF
REMEDY APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE. THE PARTIES UNDERSTAND AND AGREE THAT
THE REMEDIES AND LIMJTATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY
BETWEEN THE PARTIES. THE FEES HEREIN REFLECf, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK
AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT. IF FOR ANY REASON THIS
LIMITATION OF LIABILITY IS FOUND NOT TO BE APPLICABLE TO TlllRD PARTIES, THEN IN ANY EVENT THIS
PARAGRAPH SHALL STILL BE APPLICABLE WITH RESPECT TO ANY AND ALL CLAIMS BY CUSTOMER.
B. Time Limitation. Not withstanding any applicable statute of limitations, no action, regardless of fonn, arising out of the transactions under
this agreement, may be brought by either party more than ten (10) years after the cause of action has occurred, except that an action for non-
payment may be brought within ten (10) years of the date of last payment.
C. Indemnification. CEC and Customer agree to indemnify and hold hannless each other from any and aJI claims or causes of action by any
party arising from or in any way related to, either CEC's or Customer's conduct or equipment or services provided by CEC or Customer. CEC
and Customer will, upon request by the other, defend against all such actions, proceedings, claims, demands, suits, outlays, damages or expenses,
including reasonable legal fees and other costs that may be assessed and which may incur in defending any proceedings.
6. TERM AND TERMINATION
A. Commencement Date. This Agreement becomes effective on the date the Statement of Work is signed by CEC and Customer. The term of
this Agreement will terminate upon the earlier of: (i) CEC and Customer fulfilling all of their obligations under all Statements of Work; or (ii)
Thirty (30) days after either party provides written notice to the other party that this Agreement and all associated Statements of Work are being
terminated. If this Agreement is terminated as provided in subparagraph (ii) of this Section, Customer shall pay CEC for all services provided
through the termination date, and all direct expenses incurred by CEC in connection with this Agreement and the Statements of Work, including
by way of illustration, but not necessarily limited to, any manufacturer service contracts that CEC has purchased in connection with this
Agreement or any of the Statements of Work.
7. INDEPENDENT CONTRACTORS. In the performance of this Agreement, CEC, together with its staff, is acting as an independent
contractor and not as an employee or agent of Customer.
8. GENERAL PROVISIONS
A. Entire Al!reement. This Agreement, and any applicable Statements of Work, are the complete and tinal statement of the Agreement between
the parties and supercedes all proposed oral or written communications, and any and all other communications between the parties relating to the
subject maller of this Agreement. This Agreement and any Statement of Work entered into hereunder shall control and govern the relationship
between the parties. Additional and contrary terms or conditions, proposed orally or in writing by Customer, shall be null, void and of no effect.
B. Governinl! Law. This Agreement shall be governed by the substantive and procedural laws of the State of Iowa without regard to its conflict
of laws provisions. The exclusive forum for all disputes shall be the federal and state courts located in a mutually agreed upon county in Iowa.
Each of the parties hereto consent and submit to the jurisdiction of those courts and further agree that the service of any process, summons, notice
or document in the manner set forth in subparagraph C of this paragraph shall be effective service for purposes of any litigation in any such court.
C. Notices. Any notice, consent, approval, request, demand or other communication required or permiued hereunder must be in writing to be
effective and shall be delivered as follows (i) personally delivered; (Ii) facsimile with electronic confirmation; (iii) U.S. Postal Service mail,
postage prepaid, certitied or registered mail, return receipt requested or (iv) Federal Express, United Parcel Service or such other delivery service
with signature release requested, addressed as follows:
Service Contract Manager
Communications Engineering Company
1850 Boyson Road, Hiawatha. Iowa 52233 Dubuque , IA 52001
Notice is effective upon receipt. Place of notice to be given by each respective party may be changed by such party giving to the other written
notice thereof as herein provided.
D. Injunctive Relief. CEC shall have the option to bring court proceedings to seek an injunctive or other equitable relief to enforce any right,
duty or obIlgation under this Agreement. lnjunctive relief is limited solely to a temporary restraining order or preliminary injunction. To obtain
injunctive relief or other equitable relief, CEC shall not be required to post a bond or, if required by law or by court order, Customer hereby
consents to a bond in the lowest amount permitted by law.
E. Force Majeure. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or
interruption of service resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, riots, civil
disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, unavailability at reasonable costs
of materials, labor or transportation, breakdown of equipment, or any causes beyond the reasonable control of such party. Such party, upon
giving wrinen notice to the other of the force majeure condition, shall be excused from performance to the extent such prevention or restriction;
provided, however, that the affected party shall use its best efforts to remove such condition as soon as possible.
<<END OF SERVICE CONTRACT MASTER AGREEMENT>>
Notices to Customer should be sent to:
Chris Kohlmann
1300 MalD
PAGE 7 OF 7 FOR OSN0402
***CONFIDENTlALITY STATEMENT***
All information. concepts, diagrams and pricing contained in this document are proprietary and strictly confidential. Neither CEC nor the City of
Dubuque will share or distribute this document, in whole or in part, with any third party, without prior written approval from both parties.
OCloberl7,2006