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BULLET St. Louis City Ordinance 67413

St. Louis City Ordinances have been converted to electronic format by the staff of the St. Louis Public Library. There may be maps or illustrations (graphics) that are not available in this format. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Ordinances may be obtained from the Register's Office at the St. Louis City Hall.



FLOOR SUBSTITUTE

BOARD BILL NO. [06] 416

INTRODUCED BY ALDERMAN MATT VILLA, KATHLEEN HANRAHAN, JENNIFER FLORIDA, STEPHEN GREGALI, LEWIS REED

An ordinance recommended by the Board of Public Service, authorizing and directing the Mayor and Comptroller to enter into and execute, on behalf of the City, a Wi-FI Access Agreement ("Agreement") between the City of St. Louis (the "City") and SBC Internet Services, Inc. (a California corporation), d/b/a AT&T Internet Services ("the Company") pursuant to which Company will access and use City property, as defined in the Agreement, to construct and operate a wireless broadband internet access system for public use and to provide free and fee wireless broadband internet access, on terms and conditions set forth in the Agreement, a form of which is attached hereto, marked Exhibit 1 and incorporated herein by reference.

BE IT ORDAINED BY THE CITY OF ST. LOUIS, AS FOLLOWS:

SECTION ONE. The Mayor and Comptroller are hereby authorized and directed to enter into, execute and deliver, on behalf of the City of St. Louis (the "City"), a Wi-Fi Access Agreement ("Agreement") between "the City" and SBC Internet Services, Inc., d/b/a AT&T Internet Services (the "Company") pursuant to which the Company will access and use City Property, as defined in the Agreement, to construct and operate a wireless broadband internet access system for public use and to provide free and fee wireless broadband internet access, on terms and conditions set forth in the Agreement, in substantially the form attached hereto as Exhibit 1, which is incorporated herein and made a part of this ordinance by this reference.

EXHIBIT A
POLE ATTACHMENT AND ELECTRICAL POWER CONDITIONS

PREFACE

A. The Parties have, concurrent herewith, entered into a Wireless Broadband Access Agreement (the “Wireless Agreement”) for the provision by AT&T of certain wireless broadband services within the City.

B. The Wireless Agreement establishes a framework pursuant to which AT&T will provide wireless broadband services in and for the City, and for its citizens, residents and visitors.

C. The Wireless Agreement contemplates and requires that AT&T have access to certain City Facilities and City-provided electrical power for use by AT&T in order to provide wireless services.

Section 1:    Background

1.1    The City operates and maintains certain street light and traffic signal poles, street light arms, and other structures, as well as easements associated with such appurtenances and public rights-of-ways (“City Facilities”), as listed on Exhibit A-1. The City wishes to grant AT&T, together with its contractors and subcontractors, the non-exclusive use of such City Facilities, including (i) the right to attach wireless network equipment and facilities (“Network Equipment”) to the City Facilities, (ii) access to easements and public rights of way that allow access to such City Facilities, and (iii) the provision of adequate electrical power for the Network, as stated herein.

    1.2    The Parties are entering into a Wi-Fi Access Agreement under which AT&T shall install, operate, and maintain its Network Equipment, in order to provide a proprietary wireless broadband telecommunications service where such City Facilities exist.

1.3    AT&T wishes, subject to the terms and conditions of this Agreement, to attach Network Equipment, including certain switching, processing, communications transmission and communications distribution equipment, including radio, wire, cable, fiber and amplifier facilities, to such City Facilities and obtain from the City electrical power for such Network equipment and facilities in order to establish, maintain and operate an AT&T proprietary wireless broadband telecommunications service.

1.4    The City is willing to authorize such Attachments by AT&T to City Facilities and provide the electrical power, as well as all necessary ingress and egress to City easements and public rights-of-way to facilitate such Attachments, as set forth below.

Section 2: Definitions

"Agreement" means the Wi-Fi Access Agreement to which this document is attached as Exhibit A-1.

"Attachment" means the physical affixing or connection of Network Equipment and facilities, by AT&T and its contractors or agents, to the City Facilities designated pursuant to this Agreement.

"City Facilities" means certain light poles, traffic signal poles, city buildings and structures, overhead and underground structures, and all appurtenances, located at agreed locations on City rights-of-way, owned by City and selected from the locations on Exhibit A-1. Where the context so requires, "City Facilities" will include the underlying Rights-of-way. Unless otherwise specified herein, the term "City Facilities" does not include City-owned poles, ducts or conduits used for the generation, transmission, or distribution of electricity provisions for use of these facilities, nor non-City owned facilities which are being used for wireless service by third parties.

"City Project Manager" means a designated City employee who performs the duties stated herein, such designation will be made by written notice to AT&T immediately after the Effective Date.

"City Rights-of-way" (or "ROW") means City-owned real property wherein the City Facilities are located.

"Construction Permit" means the authorization by the City herein to AT&T to access and install the Network on or in City Facilities or City Rights-of-way and includes construction permits, street opening permits and minor conditional use permits.

"Day" means calendar day unless otherwise specified.

"Designated Street Lights" means those City Facilities that are street light poles with electrical power listed on Exhibit A-1, selected and identified by AT&T on the bulk Construction Permit application for attachment of Network equipment.

"License" means, for purposes of this Agreement, the right, authorization and permission from the City to AT&T by which AT&T may access City Facilities and use such for provision of wireless broadband services.

"Mast Arms" means mast arm street lights that are attached to utility poles as identified on Exhibit A-1.

"Network" means the wireless (i.e., radio) broadband access service facilities and equipment installed on City Facilities and used by AT&T to provide the wireless broadband services in the City.

Section 3: Pole Attachment Rights

3.1 Access to City ROW and Use of City Facilities. The City hereby grants to AT&T the right to make all Attachments of the Network, obtain necessary electrical power and use the City Facilities for the installation, operation, and maintenance of wireless services and for the transmission, reception and operation of the wireless services and incidental uses but for no other uses. AT&T shall have the right prior to the commencement of the installation of the Network to enter the City ROW at reasonable times designated by the City to perform surveys, tests and other engineering procedures on the City Facilities located in the City ROW, if necessary, to determine that AT&T’s use of the City Facilities will be compatible with AT&T’s engineering specifications, service design, operations and governmental approvals. AT&T shall give the City five (5) business days notice of AT&T’s exercise of such right if accessing non-public areas of buildings and structures. The City agrees to reasonably cooperate with AT&T where required, at no cost to the City, to allow AT&T to perform these activities.

3.2 Term of Rights. The attachment rights shall run concurrently with the term of the Wi-Fi Access Agreement. Upon expiration or termination of the Wi-Fi Agreement, the attachment rights shall also expire or terminate and any rights granted by this Exhibit shall cease.

3.3 Nonexclusivity. AT&T understands that this Agreement does not provide AT&T exclusive use of the City ROW or any City Facility and that the City shall have the right to permit other providers of communications or other entities to install equipment or devices in the City ROW and on City Facilities. The City agrees, however, that in granting others similar access to and use of any City Facility, or for the City’s own use, the City will take reasonable steps to assure that such additional use does not present any electrical or other interference with the use of the Network for the purposes of the Wireless Agreement.

3.4 Inter-Relationship. The City agrees and recognizes herein, that that AT&T’s performance under the Wireless Agreement is dependent upon its use of the City Facilities and Power, as set forth in this Agreement. If the City imposes any requirement on AT&T pursuant to Section 3.3 of this Agreement that would materially impair AT&T’s ability to fulfill its obligations under the Wireless Agreement, the City and AT&T agree to use their best efforts to negotiate an acceptable alternate solution to avoid and/or mitigate any such impairment.

3.5 Condition Ready. The City shall provide sufficient suitable City Facilities for AT&T to be able to install its Network and provide wireless services in areas where such City Facilities currently exist. Except as otherwise provided in this section, however, nothing in this Agreement shall require the City to make any particular City Facility available to AT&T or to repair or make ready any City Facility for installation of AT&T’s Network.

Section 4: Construction

4.1 Location of Network. The proposed locations of AT&T's planned initial installation of the Network shall be provided to the City promptly after AT&T's review of available City maps of streetlight, traffic signal pole, and city-owned facilities and prior to commencement of any deployment activities. AT&T shall submit regular reports with maps identifying the number, location and types of components planned to be installed, until the Network installation is complete. Documentation shall be submitted to the City Project Manager in an agreed format sufficient to permit City review, oversight and approval in advance of construction. AT&T shall keep the City Project Manager informed of progress on deployment on a bi-weekly basis. AT&T shall make a report to the City Project Manager upon completion of each sub-phase identifying any deviation from the approved plan.

Upon the completion of installation of the Network, AT&T shall promptly, but in no event not later than thirty (30) days following such completion, furnish to the City a summary and map identifying the exact location of Network equipment and facilities on or in City Facilities and in the City ROW.

4.2 No Advertising, Signage or Marks. Absent the City’s prior written consent, AT&T shall not place any marks, signs, advertisements, notices, decorations, or any other unauthorized devices or Attachments in or on City Facilities or the ROW or other City ROW. AT&T may place a small identifying mark on the Network equipment or facilities mounted in the City ROW to facilitate identification.

4.3 Construction Standards. Network shall be installed on and removed from the City Facilities in a good and workmanlike manner without the attachment of any construction liens. City reserves the right to require AT&T, at its own expense, to paint any Network equipment or facilities in a manner consistent with the color of the City Facilities to minimize the visual impact of the Network without impacting the performance or capability of the Network equipment. If performance or capability of the Network equipment would be so affected the Parties will meet and confer on an acceptable alternate solution to avoid and/or mitigate any such performance or capability impact while also mitigating the visual impact.

4.4 Alterations, Additions, Improvements and Equipment Upgrades. AT&T shall not make or allow to be made any alterations, additions or improvements to or of any City Facilities or any part thereof without first obtaining the written consent of the City. If the City consents, all alterations, additions or improvements shall be made at AT&T’s sole expense. AT&T may update or replace the Network from time to time with the prior written notice to the City. AT&T shall submit to the City a detailed proposal for any replacement Network and any supplemental materials, as may be requested. Upon termination of the Wi-Fi Agreement, AT&T at its sole cost and expense shall remove any alterations, additions, improvements or equipment upgrades and shall repair with all due diligence and at its sole cost and expense any damage to the City Facility caused by removal and restore such City Facility to reasonable conditions for City use, wear and tear excepted.

4.5 Hazardous Materials. Upon AT&T’s request, the City shall provide AT&T with all written materials in the City’s possession or control that the City may be required by federal regulations to provide to the City’s employees regarding the presence of Hazardous Materials on City Facilities that AT&T is considering using for or in connection with installation or Attachment of any Network element.

Section 5: Relocation and Displacement of Network.

5.1 Relocations at City’s Request. AT&T understands and acknowledges that City may occasionally require AT&T to relocate or remove Network equipment or facility from one or more of its City Facilities or City ROW, and AT&T shall at City's direction relocate or remove such at AT&T's sole cost and expense, whenever City reasonably determines that the relocation or removal is needed for any of the following purposes: (a) to facilitate the construction, completion, repair, relocation, or maintenance of a City project; (b) to prevent a Network component from interfering with or adversely affecting proper operation of City-owned light poles, traffic signal poles, or other City Facilities; or (c) to protect or preserve the public health or safety, or the perception thereof. In any such case, the City shall use its best efforts to afford AT&T a reasonably equivalent alternate location. Except in case of emergency, if AT&T shall fail to relocate or remove any such Network equipment or facility as requested by the City within fifteen (15) days, the City shall be entitled to relocate or remove the same at AT&T's sole cost and expense, without further notice to AT&T. In such event the City shall not be responsible for damage to the removed Network equipment or facility, but shall use reasonable care to preserve such removed equipment or facility until retrieved by AT&T. The City recognizes that such a required change could materially impair AT&T’s ability to meet its obligations under the Wireless Agreement, in such a case, the City and AT&T agree to use their best efforts to negotiate an acceptable alternate solution to avoid and/or mitigate interruption any such impairment.

5.2 Relocations at AT&T's Request. In the event AT&T desires to relocate any Network equipment or facility from one City Facility to another, AT&T shall so advise the City. The City will use its best efforts to accommodate AT&T by making another reasonably equivalent City Facility available for use in accordance with and subject to the terms and conditions of this Agreement, at AT&T’s sole cost and expense. During any Attachment, if AT&T discovers that the City Facility is unsuitable for any reason, AT&T is authorized to move such to another City Facility which is suitable upon prompt notice to City Project Manager, or designate.

5.3 Damage to City Facility. Whenever the removal or relocation of Network is required or permitted under this Agreement, and such removal or relocation shall cause or causes the City Facility to be damaged, AT&T, at its sole cost and expense, shall, promptly repair and return the City Facility in which the Network is located to its prior condition to the satisfaction of the City’s Director of Public Works. If AT&T does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to AT&T, to perform or cause to be performed such reasonable and necessary work on behalf of AT&T and to charge AT&T for the proposed costs to be incurred or the actual costs incurred by the City at the City's standard rates. Upon the receipt of a demand for payment by the City, AT&T shall promptly reimburse the City for such costs.

5.4 Repairs and Notification. Any damage done to the City Facilities during construction, installation, repairs, relocation and/or during operations shall be repaired or replaced immediately at AT&T's sole cost and expense and to City's sole satisfaction. AT&T shall pay all costs and expenses in relation to maintaining the integrity of the City Facilities in connection with AT&T’s construction, installation, repairs, relocation and/or operations of Network. Except in case of emergency, AT&T shall notify City in advance in writing of AT&T’s proposed construction, maintenance or repair activities to be performed on the City Facilities in order to coordinate those activities with City’s operations.

5.5 Destruction of City Facilities. In the event that a City Facility, including but not limited to a traffic signal pole, street light pole, light or other supporting structure is rendered unusable through the action of a third party, including, but not limited to, vehicle involved in a collision with such facility, City’s sole responsibility shall be to notify AT&T of such action, transport any Network equipment or facilities located or attached to such facility to a place of storage and make such equipment and facilities available for retrieval by AT&T with fourteen (14) days from the time such notice is given. City shall use reasonable care to preserve such but shall not be responsible for any damage to the equipment resulting from the transportation or storage as stated herein.

5.6 City Repairs to City Facilities. City reserves to itself the right to maintain and repair the City Facilities and to operate its facilities in such manner as will best enable it to fulfill its own requirements and will use reasonable care not to damage any AT&T Network equipment or facilities during such maintenance, but City shall not be liable to AT&T for any interruptions to AT&T’s wireless services or interference with the operation of the Network arising in any manner from such maintenance of the City Facilities. If such repairs may materially impair AT&T’s ability to meet its obligations under the Wi-Fi Agreement, the City and AT&T agree to use their best efforts to negotiate an acceptable alternate solution to avoid and/or mitigate such impairment.

City recognizes that the provision of electric power under this Agreement is material to the provision of wireless services by AT&T. Nevertheless AT&T recognizes that City may occasionally have to make repairs or perform maintenance on the City Facilities which will cause a temporary cessation or loss of electricity. City shall endeavor to return electric service to the Network in a timely manner.

Section 6: Maintenance.

6.1 AT&T’s Obligation to Maintain. AT&T shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Network, and improvements, and shall keep the same in good repair and condition during the term of the Agreement.

6.2 Safe Condition and Good Repair. AT&T shall keep the Rights-of-Way free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference caused by the Network. AT&T shall, at its own expense, maintain the Network and any equipment on or attached to the City Facilities in (i) a safe condition, in good repair; (ii) in a manner reasonably satisfactory to City so as not to conflict with the use of or other leasing of the City Facility by City; and (iii) in conformity with such requirements and specifications as the City may require at the time of installation and thereafter in compliance with all federal, state and local laws and regulations of general applicability, including but not limited to the National Electrical Safety Code. AT&T shall not interfere with the use of the City Facility, related facilities or other equipment of other tenants on the same City Facility.

6.3 Painting of Network. In the event the City or any other tenant undertakes painting, construction or other alterations on City Facilities, AT&T shall take reasonable measures at AT&T’s cost to cover or protect AT&T's equipment, personal property or Network from paint and debris fallout which may occur during the painting, construction or alteration process.

6.4 City’s Rights with Regard to Maintenance. After AT&T has constructed its Network, the City shall keep in good repair and condition the City Facilities used by the Network. The City recognizes that AT&T’s provision of wireless services may be dependent upon this.

6.5 Mutual Cooperation. The City agrees to reasonably and non-discriminatorily cooperate with AT&T in obtaining, at AT&T's expense (including reimbursement of the City's reasonable attorney and administrative fees), any federal licenses and permits required for or substantially required by AT&T’s use of the City Facilities. AT&T shall obtain written certification from the City of ST. Louis that the City Facilities on the Rights-of-way cause no interference or loss of signal of any City owned or operated communications services prior to turning up power and transmitting any signal from the AT&T’s Network on the City Facilities. AT&T agrees to cooperate with the City to provide and review all technical information including engineering data on intermodulation and power output of AT&T’s Network to allow a determination by the City of the AT&T’s Network probable impact on City owned and operated communications facilities.

Sections 7 and 8 intentionally omitted

Section 9: Fees and Charges

9.1 Charges for Electricity. At no charge to AT & T, AT&T shall have the right to draw electricity for the operation of wireless services from the City’s power source associated with each Attachment to City Facilities.

Section 10: Ownership Rights. No use, however extended of any City Facility under this Agreement shall create or vest in AT&T any ownership or property rights. AT&T’s rights shall be and remain a mere non-exclusive license to use any particular City Facility. Licensed use to a particular City Facility may be terminated at any time by City upon ninety (90) days written notice to AT&T and AT&T shall remove immediately thereafter any Network from the City Facility, provided that City offers an alternative location for such Network. Nothing herein contained shall be construed to compel City to maintain any particular City Facility for a period longer than that demanded by its own service requirements. Likewise, AT&T’s use of City Facilities for wireless services, however extended, shall not create or vest in City any ownership or property rights in any AT&T Network equipment or facilities or system.

Section 11: Discontinuation or Abandonment of Network/Removal Security

11.1 Discontinuation or Abandonment. Subject to the deployment timeline set forth in Section 12 of the Wi-Fi Access Agreement, in the event that any portion of the Network, is either abandoned or not in service for a period of six (6) months or more, City, at its sole option, and without waiving any other available remedy, may require AT&T to promptly remove such portion of the Network at AT&T’s sole cost and expense unless City and AT&T otherwise agree to the disposition of such pursuant to Section 2.11 of the Wi-Fi Agreement. In addition, the City may deem such Network components abandoned and take possession and ownership of them.

Section 12: Insurance.

12.1 General. Prior to the City's execution of this Agreement, AT&T shall obtain, and shall thereafter maintain during the term of this Agreement, such general liability insurance as required to insure AT&T against damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations or by anyone directly or indirectly employed by, connected with, or acting for or on behalf of AT&T.

12.2 Commercial General Liability and Automobile Insurance. Prior to the City's execution of this Agreement, AT&T shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure AT&T against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of AT&T, or AT&T may provide reasonable evidence of self-insurance for these same limits. The City, and its officers, employees and agents, shall be named as additional insureds under the AT&T’s insurance policies.

12.2.1 AT&T’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent consultant’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

12.2.2 AT&T’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of AT&T’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with AT&T’s performance of this Agreement, which vehicles shall include, but are not limited to, AT&T owned vehicles, AT&T leased vehicles, AT&T’s employee vehicles, non-AT&T owned vehicles and hired vehicles.

12.2.3 Prior to the City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

"It is agreed that the City of St. Louis, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of St. Louis."

12.2.4 The insurance policy or policies shall also comply with the following provisions:

a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.

b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.

c. The policy shall specify that the insurance provided by AT&T will be considered primary and not contributory to any other insurance available to the City.

The policies shall not be canceled unless thirty (30) days' prior written notification of intended cancellation has been given to the City by certified or registered mail.

 Section 13: Default.

In the event either Party shall fail to observe or perform any material aspect of the terms and provisions of this Exhibit and such failure shall continue for a period of thirty (30) days after receipt of written notice from the non-defaulting Party ("Default"), then the non-defaulting Party may terminate the Agreement, provided however, that where such Default cannot reasonably be cured within such period, and the defaulting Party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the time for curing such Default shall be extended for an amount of time, not to exceed sixty (60) days, as may be necessary under the circumstances to complete such cure.

Section 14: Authorized Representatives.

Each Party shall designate a representative who is authorized to act on its behalf as a contact in pole attachment and electrical power matters addressed herein.

Exhibit A-1

City Facilities and Other City Assets

City of St. Louis
Assets/Inventory

Street Department
City Light Poles

TRAFFIC SIGNAL
INTERSECTIONS

ACADEMY
    PAGE – STATE
ADELAIDE
    HALL – STATE
ALABAMA
    GERMANIA
WEBER
   
ANGELICA
    BROADWAY
ARLINGTON
    NATURAL BRIDGE – STATE
ARSENAL
    BROADWAY
CALIFORNIA
CLIFTON / WATSON
COMPTON
GRAND
GRAVOIS / PENNSYLVANIA
IVANHOE
JAMIESON
JEFFERSON
KINGSHIGHWAY
LEMP
MORGANFORD
NEBRASKA
SPRING
SUBLETTE
TOWER GROVE
ASHLAND
    UNION
ASTRA
    RIVERVIEW – STATE
BADEN
    BROADWAY
BANCROFT
    CHIPPEWA
HAMPTON
BARNES EMERGENCY ROOM
    KINGSHIGHWAY
BARNES HOSP. PL.
    BARNES HOSP PL GARAGE
KINGSHIGHWAY
BATES
    BROADWAY
GRAND
MORGANFORD
VIRGINIA
BEAUMONT
    MARKET
BECK
    KINGSHIGHWAY
MORGANFORD
BELL
    GRAND
BELT
    DR. MLK
DELMAR
NATURAL BRIDGE - STATE
PAGE – STATE
BERTHOLD
    HAMPTON
BIDDLE
    BROADWAY
THIRD
SEVENTH
BIRCHER
    KINGSHIGHWAY – STATE
BI-STATE ROW
BLAINE
    GRAND
BLAIR
    GRAND
N. FLORISSANT
BOYLE
    CLAYTON
FOREST PARK
LINDELL
MANCHESTER - STATE
VANDEVENTER
WEST PINE
BRANNON
    CHIPPEWA
SOUTHWEST
BROADWAY
    CALVARY
CERRE
CHESTNUT
CHIPPEWA
CHOUTEAU - STATE
COLE
CONVENTION PL
DAVIS
DORCAS
EAST RAILROAD
EILER
GASCONADE
GIMBLIN
HALLS FERRY
HARLAN
ITASKA
KEOKUK
LAFAYETTE
LEMP
LOCUST
LOUGHBOROUGH
LYNCH
MALLINKRODT
MARCEAU
MARKET
McLARAN
MEDERER
MERAMEC
MILLER PARK
NAGEL
N MARKET
OLD BROADWAY
OLIVE
OSCEOLA
PARK
PINE
E. PRAIRIE
RIVERVIEW
SCHIRMER
ST CHARLES
SEVENTH
SPRUCE
SWITZER
TAYLOR
WALNUT
WASHINGTON
BROWN
    UNION
BUSCH PL
    LYNCH
SEVENTH
CABANNE
    GOODFELLOW
    ROSEDALE / SKINKER
CALVARY
    WEST FLORISSANT
CALIFORNIA
    GRAVOIS – STATE
CANTERBURY
    McCAUSLAND
CAROLINE
    GRAND
CARONDELET
    DesPERES / MORGANFORD
CARR
    SEVENTH
TUCKER
CARTER
    GRAND
PRAIRIE
CASS
    DR MLK - STATE
FOURTEENTH
GRAND
JEFFERSON
NINTH
TENTH
THIRD
THIRTEENTH
TWENTIETH
  CATES
    UNION
CERRE
    FOURTH
CHEROKEE
    GRAVOIS - STATE
JEFFERSON
CHESTNUT
    EIGHTEENTH
EIGHTH
ELEVENTH
FOURTEENTH
FOURTH
MEMORIAL – NB
MEMORIAL – SB
NINTH
SEVENTH
SIXTH
TENTH
TUCKER
TWENTIETH
CHILDREN’S PL.
    MID-BLOCK
KINGSHIGHWAY
CHILDREN’S HOSP.
CHIPPEWA
    CREIGHTON
GRAND
GRAVOIS
GUSTINE
HAMPTON
HEREFORD
JAMIESON
KINGSHIGHWAY
LANDSDOWNE
MACKLIND
MERAMEC
MORGANFORD
RIDGEWOOD
SHOP N’ SAVE
SPRING
WATSON
CHOUTEAU – ALL STATE
    AMEREN UE
CHOUTEAU BRIDGE
COMPTON
DOLMAN
EIGHTEENTH
FOURTEENTH
FOURTH
GRAND
GRAVOIS
HIGHWAY 40
JEFFERSON
THIRTY NINETH
TUCKER / 11TH
TWENTY SECOND
VANDEVENTER / MANCHESTER
CHRISTY
    EICHELBERGER
GRAVOIS - STATE
KINGSHIGHWAY
CLARA
    DELMAR
NATURAL BRIDGE - STATE
PAGE – STATE
CLARK
    EIGHTEENTH
ELEVENTH
FOURTEENTH
NINTH
SEVENTH
STADIUM PL
TENTH
TUCKER
CLAYTON
    HAMPTON
McCAUSLAND / SKINKER
COLE
    ELEVENTH
BROADWAY
FOURTH
GRAVOIS
NINTH
SEVENTH
SEVENTY
TENTH
THIRD
TUCKER
COLUMBIA
    HAMPTON
KINGSHIGHWAY
COMPTON
    DELMAR
FOREST PARK
HAMPTON
KINGSHIGHWAY
LACLEDE
MAGNOLIA
MARKET
OLIVE
SEVENTH
TENTH
TUCKER
WASHINGTON
WYOMING
CONNECTICUT
    KINGSHIGHWAY
CONVENTION PLAZA
    DR MLK
EIGHTEENTH
EIGHTH
ELEVENTH
FOURTEENTH
FOURTH
GRAND
JEFFERSON
LEFFINGWELL
MEMORIAL
NINTH
SEVENTH
SIXTH
TENTH
TWENTIETH
COOK
    N. GRAND
CORA
    DR MLK
COTE BRILLIANTE
    GOODFELLOW
KINGSHIGHWAY
UNION   
COUNCIL PL.
    GRAND
DALE
    McCAUSLAND
DeBALIVIERE
    DELMAR
FOREST PARK
LINDELL
PERSHING
WATERMAN   
DELMAR
    BELT
CLARA
COMPTON
DES PERES / HODIAMONT
EIGHTEENTH
EIGHTH
ELEVENTH
ENRIGHT / SPRING
EUCLID
FOURTEENTH
GOODFELLOW
GRAND
HAMILTON
JEFFERSON
KINGSHIGHWAY
LEFFINGWELL
NEWSTEAD
NINTH
PENDELTON
SARAH
SIXTH
SKINKER
TAYLOR
TWENTIETH
UNION
VANDEVENTER
WALTON
DELOR
    GRAND
GRAVOIS - STATE
MORGANFORD – STATE       
DeTONTY
    GRAND
DES PERES
    FOREST PARK
HODIAMONT
DEVONSHIRE
    KINGSHIGHWAY
DODIER
    GRAND
KINGSHIGHWAY
DOLMAN
    LAFAYETTE – STATE
DR MLK
    EUCLID
FOURTEENTH - STATE
GOODFELLOW
GRAND / EVANS - STATE
HAMILTON
JEFFERSON - STATE
KINGSHIGHWAY
MARCUS
NEWSTEAD
PAGE - STATE
PRAIRIE
SARAH
SPRING
TAYLOR
TUCKER
TWENTIETH
UNION
VANDEVENTER
WARNE
WHITTIER 
DUKE
    GRAVOIS – STATE
EADS
    JEFFERSON
EAST GRAND
    EMILY
ECOFF
    MANCHESTER – STATE
EICHELBERGER
    GRAND
HAMPTON
KINGSHIGHWAY
EIGHTEENTH
    EAST ENTRANCE
GRATIOT
LOCUST
MARKET
OLIVE
PINE
WALNUT
WASHINGTON
EIGHTH
    LOCUST
MARKET
OLIVE
PINE
WALNUT
WASHINGTON  
EMILY
    GRAND
ENRIGHT
    GRAND
KINGSHIGHWAY
SPRING
VANDEVENTER
ETZEL
    GOODFELLOW
PAGE - STATE
SKINKER
EUCLID
    FOREST PARK
KINGSHIGHWAY
LINDELL
NATURAL BRIDGE - STATE
PAGE - STATE
WEST PINE
FAIR
    NATURAL BRIDGE – STATE
FARRAR
    NATURAL BRIDGE – STATE
FIFTEENTH
    MARKET
FINNEY
    SARAH
VANDEVENTER
FOREST PARK
    GRAND
KINGSHIGHWAY
NEWSTEAD
SARAH
SKINKER
SPRING
TAYLOR
VANDEVENTER
FORSYTH
    SKINKER
FOURTEENTH
    FRANKLIN
LAFAYETTE
LaSALLE
LOCUST
OLIVE
PARK
PINE
SPRUCE
WASHINGTON
FOURTH
    CERRE
LOCUST
MARKET
OLIVE
PINE
SPRUCE
WALNUT
WASHINGTON
FOUNTAIN
    KINGSHIGHWAY
FOX THEATRE
   
FRANKLIN
    EIGHTH
GRAND
NINTH
SEVENTH
SIXTH
TENTH
FYLER
    HAMPTON
KINGSHIGHWAY
WATSON
GARRISON
    MARKET
NATURAL BRIDGE - STATE
WASHINGTON
GERMANIA
    GRAVOIS - STATE
HAMPTON - STATE
MORGANFORD
GEYER
    GRAVOIS
GIMBLIN
    HALL - STATE
HALLS FERRY
GLASGOW
    NATURAL BRIDGE – STATE
GOODFELLOW
    GATE 1
GATE 3
LILLIAN
MAPLE
McLARAN
NATURAL BRIDGE - STATE
PAGE - STATE
RIDGE
STRATFORD
ST. LOUIS
WABADA
WELLS
GRAND
    GRAVOIS - STATE
HARTFORD
HEBERT
HIGHWAY 40
ITASKA
KINGSHIGHWAY
KOSSUTH
LACLEDE
LAFAYETTE - STATE
LIERMAN
LOUGHBOROUGH
MARKET
GRAND
    McDONALD
MAGNOLIA
MERAMEC
MIAMI - STATE
MID-BLOCK
NATURAL BRIDGE - STATE
N. MARKET
OSCEOLA
OLIVE
OSAGE
PAGE - STATE
PARK
PESTALOZZI
RUSSELL
SHAW
SHENANDOAH
ST. LOUIS
TAFT
UTAH
WASHINGTON
WEST FLORISSANT
WEST PINE
WYOMING
GRATIOT
    SEVENTH
GRAVOIS – ALL STATE
    CECIL
GUSTINE
HAMPTON
MORGANFORD
HOLLY HILLS
HYDRAULIC
JEFFERSON
KINGSHIGHWAY
LOUGHBOROUGH
LYNCH
McNAIR
MERAMEC
NEBRASKA
OHIO
RIVER DES PERES
RUSSELL
SHENANDOAH
SIDNEY
SPRING
TAFT
TENNESSEE
TUCKER
UTAH
WYOMING
HALL
    RIVERVIEW - STATE
HALLS FERRY
    McLARAN
NEWBY
RIVERVIEW - STATE
VERONICA
HAMILTON
    PAGE
HAMPTON
    HOLLY HILLS
LOUGHBOROUGH
NOTTINGHAM
OAKLAND
HAMPTON RAMP
REBER
SOUTHWEST
1900 HAMPTON
WATSON
WELLS
WEST PARK
WILSON
HEBERT
    N. FLORISSANT
HICKORY
    SEVENTH
TUCKER
HODIAMONT
    KINGSHIGHWAY
PAGE - STATE
SKINKER
HOLLY HILLS
    HAMPTON
MORGANFORD
HORTON
    SKINKER
JAMIESON
    LANSDOWNE
JEFFERSON
    LOCUST
MARKET
MIAMI
OLIVE
PARK
PINE
RUSSELL
RUTGER
SHENANDOAH
STODDARD
UTAH
WASHINGTON
WINNEBAGO
WYOMING
KINGSHIGHWAY
    BARNES EMERGENCY ROOM
I-44 - STATE
LACLEDE
LEXINGTON
LINDELL
MAGNOLIA
MANCHESTER - STATE
NORTHRUP
McPHERSON
McREE
NATURAL BRIDGE - STATE
NOTTINGHAM
OAKLAND
OLEATHA
PAGE - STATE
PARKVIEW
PENROSE
RHODES
RIDGE
SCHOLLMEYER
SHAW
SOUTHWEST
ST. LOUIS
SUTHERLAND
VANDEVENTER
WASHINGTON
WATERMAN
WEST FLORISSANT
WEST PINE 
KNOX
    MANCHESTER – STATE
LACLEDE
    SPRING
VANDEVENTER
   
LAFAYETTE
    SEVENTH
TUCKER
LANSDOWNE
    RIVER DES PERES
    WABASH
WATSON
LEBANON
    SEVENTH
LEE
    NEWSTEAD
LEFFINGWELL
    OLIVE
LILLIAN
    RIVERVIEW - STATE
LINDELL
    McPHERSON
NEWSTEAD
SARAH
SKINKER
SPRING
TAYLOR
UNION
VANDEVENTER
WEST PINE
WHITTIER
LINDENWOOD
    WATSON
LOCUST
    NINTH
SEVENTH
SIXTH
TENTH
TUCKER
TWENTIETH
LOUGHBOROUGH
    LOUGHBOROUGH DR.
MORGANFORD
LYNCH
    SEVENTH
MACKLIND
    MANCHESTER
OAKLAND
SOUTHWEST
MADISON
    N. FLORISSANT
MAFFITT
    UNION
MAGNOLIA
    SPRING
TOWER GROVE
MANCHESTER – ALL STATE
    McCAUSLAND
NEWSTEAD
PRATHER
SARAH
SUBLETTE
SULPHUR
TAYLOR
TOWER GROVE
WALDEMAR
MARCUS
    NATURAL BRIDGE
MARGARETTA
    UNION
MARKET
    AG EDWARDS
EAST ENTRANCE
MEMORIAL – NB
MEMORIAL – SB
NINTH
RAMP R
SEVENTH
SIXTEENTH
TENTH
TUCKER
TWENTIETH
TWENTY FIRST
VANDEVENTER
McCAUSLAND
    MITCHELL
PLATEAU
SKINKER / OAKLAND
SOUTHWEST
WISE
McLARAN
    RIVERVIEW - STATE
McPHERSON
    SARAH
McREE
    TOWER GROVE
MEMORIAL
    EADS BRIDGE
PINE NB
PINE SB
WALNUT NB
WALNUT SB
MERAMEC
    MORGANFORD
MIMIKA
    W. FLORISSANT
MINERVA
    UNION
MORGAN
    I-70
SERVICE DR
THIRD
MORGANFORD
    ROBERT
WALSH
MULLANPHY
    SEVENTH
NATURAL BRIDGE – ALL STATE
    NEWSTEAD
PALM
PRAIRIE
SALISBURY
SHREVE
TAYLOR
UNION
VANDEVENTER
NEWSTEAD
    PAGE - STATE
ST. LOUIS
WASHINGTON
WEST PINE
NINTH
    O’FALLON
OLIVE
PINE
SALISBURY - STATE
WASHINGTON
NORTH FLORISSANT
    N. MARKET
PALM
SALISBURY - STATE
ST. LOUIS
NORTH MARKET
    VANDEVENTER
OAKLAND
    JR. COLLEGE
O’FALLON
    SEVENTH
OLIVE
    SEVENTH
SIXTEENTH
OLIVE
    SIXTH
SKINKER
SPRING
TENTH
TUCKER
TWENTIETH
VANDEVENTER
PAGE – ALL STATE
    PENDLETON
REV. G.H. PRUITT
SARAH
SKINKER
SPRING
TAYLOR
UNION
VANDEVENTER
WALTON
WEST END
WHITTIER
PALM
    TWENTY FIRST
PARK
    SEVENTH
TUCKER
PARNELL
    ST. LOUIS
PERNOD
    WATSON
PERSHING
    UNION
PINE
    SEVENTH
SIXTH
TENTH
TUCKER
TWENTIETH
POPE
    WEST FLORISSANT
RIVERVIEW
    SWITZER – STATE
    WEST FLORISSANT - STATE
ROSEBURY
    SKINKER
RUSSELL
    SEVENTH
TWELFTH
SACRAMENTO
    UNION
SARAH
    WASHINGTON
WEST PINE
SEVENTH
    SHENANDOAH
SIDNEY
SPRUCE (STADIUM PL)
WALNUT
WASHINGTON
SHAW
    TOWER GROVE
VANDEVENTER
SHREVE
    WEST FLORISSANT
SIXTH
    WASHINGTON
SKINKER
    HEBREW TEMPLE
WATERMAN
WYDOWN   
SOUTHWEST
    WATSON / SULPHUR
SPRING
    WASHINGTON
WEST PINE
SPRUCE
    STADIUM PLAZA
TUCKER
ST. CHARLES
    TUCKER
ST. LOUIS
    TWENTIETH
UNION
VANDEVENTER
TAYLOR
    WEST FLORISSANT
WEST PINE
TENTH
    WALNUT
WASHINGTON
THIRD
    THIRD STREET RUN
TOWER GROVE
    VANDEVENTER
TUCKER
    WASHINGTON
UNION
    WABADA
WATERMAN
WEST FLORISSANT
VANDEVENTER
    WASHINGTON
WEST BELLE
WEST PINE
VETERAN’S BRIDGE
    3RD & 4TH
WARNE
    WEST FLORISSANT

City Buildings,Sites, Parks, & Event Panels (Sorted By Location Name)       
           
1520    Market Street    1520 Market Building (Abrams)    
1520    Market Street    1520 Market Building (Abrams)    
3    N Market St Rear    Air Pollution Station    
5033    Southwest Ave Rear    Air Pollution Station    
5033    Southwest Ave Rear    Air Pollution Station    
3217    Keokuk St     Air Pollution Station     
4522    Margaretta Ave Rear    Air Pollution Station     
8227    S Broadway    Air Pollution Station 2    
4365    Cote Brilliante    Air Pollution Station 3    
5836    Manchester Ave    Air Pollution Station 4    
3247    Blair Ave    Air Pollution Station 6    
3026    Minnesota Ave     Air Pollution Station 7    
6204    Hall St Rear    Air Pollution Station 9    
1720    N 2 nd St    Air Pollution Station Mound St    
1321    N 13 th St    Air Pollution Station Stone Bldg    
2108    Gasconade St    Animal Regulation Center    
5839    St Louis Ave    Barrett Brothers Park    
5897    St Louis Ave    Barrett Brothers Park/Ball Field     
5616    S Broadway    Bellerive Park Comfort Station    
1913    Macklind Ave    Berra Park   
5420    Shaw Ave    Berra Park   
2923    N Broadway    Board Up Building   
416    East Catalan     Brightside   
2900    Hickory St    Buder Rec Center   
1114    Market St    Carnahan Building   
3741    Loughborough Ave    Carondelet Park    
8146    Michigan Ave    Carondelet Park Comfort Station    
6701    Colorado    Carondelet Park Fields/Courts    
3901    Loughborough Ave    Carondelet Prk - Comfort Station    
1010    Selby Pl    Carr Square Park   
3117    Franklin Ave    Chambers Park/Rec/Pool    
1317    Utah St    Cherokee Park - Comfort Station    
2310    Wyoming St    Cherokee Rec Center   
2310    Wyoming St    Cherokee Rec Center   
6115    Christy    Christy Park   
1200    Market St    City Hall Park Lot/ Bldg    
560    Terminal Row Rear    City Landfill Trailer    
3216    Ivanhoe Ave    City Owned Parking Lot    
4101    Forest Park Ave    City Park   
5009    Natural Bridge Ave     City Park    
1080    Riverview Blvd    City Park   
5218    Riverview Blvd    City Park   
3610    Wabash Ave    City Park   
100    Humboldt    City Trailer   
3827    N Enright (See 911 N Spring)    Civil Courts    
911    N Spring (3827 N Enright)    Civil Courts    
12    N Tucker Blvd    Civil Courts    
6210    Simpson Ave    Clifton Heights Park    
1120    N 10 th St    Columbus Square Park/Courts    
4971    Oakland Ave    Communications Cable TV    
5503    Clemens    Compost Station - Base Office    
1903    Compton Hill Pl    Compton Hill Park/Courts    
4025    Minnesota Ave    Dunn Marquette   
3861    Keokuk St    Dunnica Park Comfort Station    
614    N 1 st St    Eads Bridge Deck C Recept    
7075    Canterbury Ave    Ellendale/Arsenal Park    
2650    Hampton Ave    EMS Ambulance Serv   
2650    Hampton Ave Rear    EMS Ambulance Serv    
1202    Washington Ave     Event Panel - 12 th/Washington   
510    N 13 th St    Event Panel - 13 th/Washington    
600    N 14 th St    Event Panel - 14 th/Washington    
    N 15 th St    Event Panel - 15 th/Chestnut    
600    N 18 th St    Event Panel - 18 th/Washington    
1413    N 13 th St    Facilities Mgmt   
4036    Kossuth Ave    Fairgrounds Park     
2610    Cass Ave. at N Jefferson    Fire Department Hdqtrs    
3535    Goodfellow Blvd    Fire Dept Storage    
2908    S Jefferson Ave    Fire House 1   
4425    S Compton Ave    Fire House 4   
2123    N Market St    Fire House 5   
5749    Manchester Ave    Fire House 6   
1101    S Jefferson Ave/LaSalle    Fire House 7     
1501    Salisbury St    Fire House 8   
814    La Beaume    Fire House 9   
4161    Kennerly Ave    Fire House 10   
2224    S 7 th St    Fire House 11   
5218    West Florissant Ave     Fire House 12    
1400    Shawmut Pl    Fire House 13   
3523    Magnolia Ave    Fire House 14   
3238    Dr Martin Luther King Dr    Fire House 17    
6624    Morganford Rd    Fire House 19   
5600    Prescott    Fire House 20   
5600    Prescott Ave     Fire House 20 (Building)    
1229    Mc Causland Ave    Fire House 22   
6502    Michigan Ave    Fire House 23   
5245    Natural Bridge Ave    Fire House 24    
4522    Margaretta Ave    Fire House 26   
5435    Partridge Ave    Fire House 27   
4808    Enright Ave    Fire House 28   
3850    Forest Park Ave/S Vanvntr    Fire House 29    
573    De Baliviere    Fire House 30   
4408    Donovan Ave    Fire House 31   
3500    S Grand Blvd    Fire House 32   
8300    N Broadway    Fire House 33   
8227    S Broadway    Fire House 34   
5450    Arsenal St    Fire House 35   
5000    S Kingshighway    Fire House 36   
5000    S Kingshighway    Fire House 36   
    Forest Park    Forest Park   
    Forest Park    Forest Park   
5181    Grand Drive    Forest Park   
5595    Grand Drive Rear    Forest Park   
5800    Lagoon Drive (Fine Arts Dr)    Forest Park    
5902    Lagoon Drive (Fine Arts Dr)    Forest Park    
6140    Lagoon Drive (Fine Arts Dr)    Forest Park    
6600    Valley Drive    Forest Park   
2700    Shenandoah    Fox Park   
2311    Iowa St at Victor    Fox Park Comfort Station    
212    Jefferson Dr    FP - Adjacent Steinberg    
5600    Clayton Ave    FP - Admin Building    
    Forest Park    FP - Admin Building   
6602    Fine Arts Drive (Lagoon Dr)    FP - Art Hill - Irrigation Pump   
6351    Oakland Ave    FP - at Tamm   
600    N of Oakland    FP - Ballfields   
5400    Clayton Ave    FP - East Service   
1    Forest Park    FP - ESD Shop   
5300    Clayton Ave    FP - Forest Park   
5900    Lagoon Drive    FP - Golf Course Irrig Pump    
5180    Grand Dr    FP - Hatchery   
5700    Union Drive    FP - Jewel Box   
550    Theatre Drive    FP - Pagoda Circle    
99999    Wells Dr FP S     FP - Parks Dept Cntl Fld House   
400    S Kingshighway    FP - Steinberg Skating Rink    
    Forest Park    FP - Utility Shed (near Green House)    
5500    Clayton Ave    FP - West Service - Aviation Fld    
    Forest Park    FP - Woodwork Shop   
5318    Donovan Ave    Francis Park   
1900    Prather Ave    Franz Park   
2911    Gamble St    Gamble Center   
1000    Chestnut St    Gateway Plaza   
22    N 9 th St    Gateway Plaza   
5729    Kingsbury (Park Enclosures)    Gazebo    
3530    Louisiana    Gravois Park   
1453    Clara Ave    Hamilton Hgts Prk Cardinal Care    
4875    Ashland Ave    Handy Park   
634    N Grand Blvd    Health Dept-MO Theater Bldg    
8700    N Broadway    Hickey Park - Ball Field Lights    
8700    N Broadway    Hickey Prk-Comfort Sta/Utility Shed    
3819    Blair Ave    Hyde Park   
1414    Park Ave    Irrigation System     
    Corner of Belt & Clemens    Ivory Perry Park    
200    S Tucker Blvd    Justice Center   
920    N Vandeventer    Juvenile Courts Building    
510    Chestnut St    Kiener Plaza   
600    Chestnut St    Kiener Plaza   
1529    Mississippi Ave at Park    Lafayette Park (Enc Pavilion)   
2001    Lafayette Ave    Lafayette Park - Pagoda & Bldg    
1117    Carroll St    Leisure Rec Center   
7167    Jamieson Ave     Lindenwood Park    
3635    Prather Ave    Lindenwood Park   
3203    S 2 nd St    Lyon Park Ball Field   
3201    S 2 nd St    Lyon Park Comfort Station    
1304    Union Blvd At Page    Marie Fowler Park Pavilion    
3100    Osage St    Marquette Park   
4236    Utah St    McDonald Park   
7600    Hall St    Med Security Inst (bps N trailer)    
7540    Hall St    Med Security Inst (bps trailer)    
1300    Clark Ave    Medical Examiners Office    
7600    Hall St    Medium Security Inst   
1301    Market St    Memorial Plaza Park   
11    N 13 th St    Memorial Plaza Park   
2601    Meramec St    Minnewood Park   
3800    Aldine at Prairie    Mulch Station Shed     
1320    Market St    Municipal Courts Bldg    
1100    Clark Ave    Municipal Garage   
9440    Riverview Dr    N Riverfront Comfort Station    
    West Florissant Ave     O'Fallon Park    
5530    Algernon St    O'Fallon Park     
    O'Fallon Park    O'Fallon Park - Boat House     
3215    Gasconade St    Old Record Center   
3126    Alfred Ave    Park Side Rec Center    
4220    N Kingshighway Blvd    Penrose Park Ball Field    
5601    Pershing Ave    Pershing & Clara Fountain    
50/100    East Grand Ave Rear    Refuse Division    
4200    N 1 st St    Refuse Division     
4100    S 1 st St    Refuse Division - Main Office    
4190    S 1 st St    Refuse Division Garage - South    
4759    Hamburg Ave Rear    River Des Peres Park    
211    Biddle St    Road Parkway/Biddle Iriga Agncy    
2409    N Spring Ave    Rumbold Park   
7799    S Broadway    Schmit House   
7799    S Broadway    Schmit House Comfort Station    
5602    Arsenal St    Senior Citizens Center    
1532    Academy Ave    Sherman Park   
1315    Chestnut St    Soldier's Memo - CEMA    
730    Carroll St    Soulard Center   
715    Lafayette Ave    Soulard Park Comfort Station    
1733    Sublette Ave Rear    Street Dept - Automotive Mnt    
1601    Sublette Ave Rear    Street Dept - Brine Station    
1900    Hampton Ave    Street Dept - Offices    
2820    Scott Ave    Street Dept - Salt Storage Yard    
547    Rosedale    Streetscape Lighting   
2900    January Ave    Sublette Park   
5561    Arsenal St    Sublette Park Tennis Courts    
3727    Natural Bridge Ave    SW Pool & Ltg 4KV    
4201    Cottage Ave    Tandy Rec Center   
3710    Fair Ave     Tennis Courts   
1601    S Spring Ave    Tiffany Park   
5681    Marquette Ave    Tilles Park     
2800    Market St    Traffic Signal   
3760    S Jefferson Ave    Triangle Park - Fountain    
1201    N Tucker Blvd    Vector Control   
7702    Vermont Ave (7700 Virginia)    Villa (Red) Fountain Park   
4991    Thrush Ave    Walnut Park Community Ctr    
724    Union Blvd    West End Rec Center   
7339    Hampton Ave    Willmore Park   
1515    N Kingshighway Blvd    Wohl Rec Center     

City Buildings,Sites, Parks, & Event Panels (Sorted By Street)         

1532    Academy Ave    Sherman Park    
3800    Aldine at Prairie    Mulch Station Shed     
3126    Alfred Ave    Park Side Rec Center    
5530    Algernon St    O'Fallon Park     
5450    Arsenal St    Fire House 35   
5602    Arsenal St    Senior Citizens Center    
5561    Arsenal St    Sublette Park Tennis Courts    
4875    Ashland Ave    Handy Park   
211    Biddle St    Road Parkway/Biddle Iriga Agncy    
3247    Blair Ave    Air Pollution Station 6    
3819    Blair Ave    Hyde Park   
7075    Canterbury Ave    Ellendale/Arsenal Park    
1117    Carroll St    Leisure Rec Center   
730    Carroll St    Soulard Center   
2610    Cass Ave. at N Jefferson    Fire Department Hdqtrs    
1000    Chestnut St    Gateway Plaza   
510    Chestnut St    Kiener Plaza   
600    Chestnut St    Kiener Plaza   
1315    Chestnut St    Soldier's Memo - CEMA    
6115    Christy    Christy Park   
1453    Clara Ave    Hamilton Hgts Prk Cardinal Care    
1300    Clark Ave    Medical Examiners Office    
1100    Clark Ave    Municipal Garage   
5600    Clayton Ave    FP - Admin Building    
5400    Clayton Ave    FP - East Service   
5300    Clayton Ave    FP - Forest Park   
5500    Clayton Ave    FP - West Service - Aviation Fld    
5503    Clemens    Compost Station - Base Office    
6701    Colorado    Carondelet Park Fields/Courts    
1903    Compton Hill Pl    Compton Hill Park/Courts    
    Corner of Belt & Clemens    Ivory Perry Park    
4365    Cote Brilliante    Air Pollution Station 3    
4201    Cottage Ave    Tandy Rec Center   
573    De Baliviere    Fire House 30   
4408    Donovan Ave    Fire House 31   
5318    Donovan Ave    Francis Park   
3238    Dr Martin Luther King Dr    Fire House 17    
416    East Catalan     Brightside   
50/100    East Grand Ave Rear    Refuse Division    
4808    Enright Ave    Fire House 28   
3710    Fair Ave     Tennis Courts   
6602    Fine Arts Drive (Lagoon Dr)    FP - Art Hill - Irrigation Pump   
    Forest Park    Forest Park   
    Forest Park    Forest Park   
    Forest Park    FP - Admin Building   
    Forest Park    FP - ESD Shop   
    Forest Park    FP - Utility Shed (near Green House)    
    Forest Park    FP - Woodwork Shop   
4101    Forest Park Ave    City Park   
3850    Forest Park Ave/S Vanvntr    Fire House 29    
3117    Franklin Ave    Chambers Park/Rec/Pool    
2911    Gamble St    Gamble Center   
2108    Gasconade St    Animal Regulation Center    
3215    Gasconade St    Old Record Center   
3535    Goodfellow Blvd    Fire Dept Storage    
5180    Grand Dr    FP - Hatchery   
5181    Grand Drive    Forest Park   
5595    Grand Drive Rear    Forest Park   
7600    Hall St    Med Security Inst (bps N trailer)    
7540    Hall St    Med Security Inst (bps trailer)    
7600    Hall St    Medium Security Inst   
6204    Hall St Rear    Air Pollution Station 9    
4759    Hamburg Ave Rear    River Des Peres Park    
2650    Hampton Ave    EMS Ambulance Serv   
1900    Hampton Ave    Street Dept - Offices    
7339    Hampton Ave    Willmore Park   
2650    Hampton Ave Rear    EMS Ambulance Serv    
2900    Hickory St    Buder Rec Center   
100    Humboldt    City Trailer   
2311    Iowa St at Victor    Fox Park Comfort Station    
3216    Ivanhoe Ave    City Owned Parking Lot    
7167    Jamieson Ave     Lindenwood Park    
2900    January Ave    Sublette Park   
212    Jefferson Dr    FP - Adjacent Steinberg    
4161    Kennerly Ave    Fire House 10   
3861    Keokuk St    Dunnica Park Comfort Station    
3217    Keokuk St     Air Pollution Station     
5729    Kingsbury (Park Enclosures)    Gazebo    
4036    Kossuth Ave    Fairgrounds Park     
814    La Beaume    Fire House 9   
2001    Lafayette Ave    Lafayette Park - Pagoda & Bldg    
715    Lafayette Ave    Soulard Park Comfort Station    
5900    Lagoon Drive    FP - Golf Course Irrig Pump    
5800    Lagoon Drive (Fine Arts Dr)    Forest Park    
5902    Lagoon Drive (Fine Arts Dr)    Forest Park    
6140    Lagoon Drive (Fine Arts Dr)    Forest Park    
3741    Loughborough Ave    Carondelet Park    
3901    Loughborough Ave    Carondelet Prk - Comfort Station    
3530    Louisiana    Gravois Park   
1913    Macklind Ave    Berra Park   
3523    Magnolia Ave    Fire House 14   
5836    Manchester Ave    Air Pollution Station 4    
5749    Manchester Ave    Fire House 6   
4522    Margaretta Ave    Fire House 26   
4522    Margaretta Ave Rear    Air Pollution Station     
1114    Market St    Carnahan Building   
1200    Market St    City Hall Park Lot/ Bldg    
1301    Market St    Memorial Plaza Park   
1320    Market St    Municipal Courts Bldg    
2800    Market St    Traffic Signal   
1520    Market Street    1520 Market Building (Abrams)    
1520    Market Street    1520 Market Building (Abrams)    
5681    Marquette Ave    Tilles Park     
1229    Mc Causland Ave    Fire House 22   
2601    Meramec St    Minnewood Park   
8146    Michigan Ave    Carondelet Park Comfort Station    
6502    Michigan Ave    Fire House 23   
4025    Minnesota Ave    Dunn Marquette   
3026    Minnesota Ave     Air Pollution Station 7    
1529    Mississippi Ave at Park    Lafayette Park (Enc Pavilion)   
6624    Morganford Rd    Fire House 19   
614    N 1 st St    Eads Bridge Deck C Recept    
4200    N 1 st St    Refuse Division     
1720    N 2 nd St    Air Pollution Station Mound St    
22    N 9 th St    Gateway Plaza   
1120    N 10 th St    Columbus Square Park/Courts    
1321    N 13 th St    Air Pollution Station Stone Bldg    
510    N 13 th St    Event Panel - 13 th/Washington    
1413    N 13 th St    Facilities Mgmt   
11    N 13 th St    Memorial Plaza Park   
600    N 14 th St    Event Panel - 14 th/Washington    
    N 15 th St    Event Panel - 15 th/Chestnut    
600    N 18 th St    Event Panel - 18 th/Washington    
2923    N Broadway    Board Up Building   
8300    N Broadway    Fire House 33   
8700    N Broadway    Hickey Park - Ball Field Lights    
8700    N Broadway    Hickey Prk-Comfort Sta/Utility Shed    
3827    N Enright (See 911 N Spring)    Civil Courts    
634    N Grand Blvd    Health Dept-MO Theater Bldg    
4220    N Kingshighway Blvd    Penrose Park Ball Field    
1515    N Kingshighway Blvd    Wohl Rec Center     
2123    N Market St    Fire House 5   
3    N Market St Rear    Air Pollution Station    
911    N Spring (3827 N Enright)    Civil Courts    
2409    N Spring Ave    Rumbold Park   
12    N Tucker Blvd    Civil Courts    
1201    N Tucker Blvd    Vector Control   
920    N Vandeventer    Juvenile Courts Building    
600    N of Oakland    FP - Ballfields   
5245    Natural Bridge Ave    Fire House 24    
3727    Natural Bridge Ave    SW Pool & Ltg 4KV    
5009    Natural Bridge Ave     City Park    
4971    Oakland Ave    Communications Cable TV    
6351    Oakland Ave    FP - at Tamm   
    O'Fallon Park    O'Fallon Park - Boat House     
3100    Osage St    Marquette Park   
1414    Park Ave    Irrigation System     
5435    Partridge Ave    Fire House 27   
5601    Pershing Ave    Pershing & Clara Fountain    
1900    Prather Ave    Franz Park   
3635    Prather Ave    Lindenwood Park   
5600    Prescott    Fire House 20   
5600    Prescott Ave     Fire House 20 (Building)    
1080    Riverview Blvd    City Park   
5218    Riverview Blvd    City Park   
9440    Riverview Dr    N Riverfront Comfort Station    
547    Rosedale    Streetscape Lighting   
4100    S 1 st St    Refuse Division - Main Office    
4190    S 1 st St    Refuse Division Garage - South    
3203    S 2 nd St    Lyon Park Ball Field   
3201    S 2 nd St    Lyon Park Comfort Station    
2224    S 7 th St    Fire House 11   
8227    S Broadway    Air Pollution Station 2    
5616    S Broadway    Bellerive Park Comfort Station    
8227    S Broadway    Fire House 34   
7799    S Broadway    Schmit House   
7799    S Broadway    Schmit House Comfort Station    
4425    S Compton Ave    Fire House 4   
3500    S Grand Blvd    Fire House 32   
2908    S Jefferson Ave    Fire House 1   
3760    S Jefferson Ave    Triangle Park - Fountain    
1101    S Jefferson Ave/LaSalle    Fire House 7     
5000    S Kingshighway    Fire House 36   
5000    S Kingshighway    Fire House 36   
400    S Kingshighway    FP - Steinberg Skating Rink    
1601    S Spring Ave    Tiffany Park   
200    S Tucker Blvd    Justice Center   
1501    Salisbury St    Fire House 8   
2820    Scott Ave    Street Dept - Salt Storage Yard    
1010    Selby Pl    Carr Square Park   
5420    Shaw Ave    Berra Park   
1400    Shawmut Pl    Fire House 13   
2700    Shenandoah    Fox Park   
6210    Simpson Ave    Clifton Heights Park    
5033    Southwest Ave Rear    Air Pollution Station    
5033    Southwest Ave Rear    Air Pollution Station    
5839    St Louis Ave    Barrett Brothers Park    
5897    St Louis Ave    Barrett Brothers Park/Ball Field     
1733    Sublette Ave Rear    Street Dept - Automotive Mnt    
1601    Sublette Ave Rear    Street Dept - Brine Station    
560    Terminal Row Rear    City Landfill Trailer    
550    Theatre Drive    FP - Pagoda Circle    
4991    Thrush Ave    Walnut Park Community Ctr    
724    Union Blvd    West End Rec Center   
1304    Union Blvd At Page    Marie Fowler Park Pavilion    
5700    Union Drive    FP - Jewel Box   
1317    Utah St    Cherokee Park - Comfort Station    
4236    Utah St    McDonald Park   
6600    Valley Drive    Forest Park   
7702    Vermont Ave (7700 Virginia)    Villa (Red) Fountain Park   
3610    Wabash Ave    City Park   
1202    Washington Ave     Event Panel - 12 th/Washington   
99999    Wells Dr FP S     FP - Parks Dept Cntl Fld House   
5218    West Florissant Ave     Fire House 12    
    West Florissant Ave     O'Fallon Park    
2310    Wyoming St    Cherokee Rec Center   
2310    Wyoming St    Cherokee Rec Center   

Exhibit B - Deployment Schedule

Municipal Wi-Fi System Overview – St. Louis, MO

A. Company will deploy a State-of-the-Art Wi-Fi Network (the “System”) using City Property, to the current developed areas (i.e., areas with existing, occupied City, business and residential buildings and City park areas) of the City within the approximately the 62 square miles of City limits according to the defined deployment schedule (Exhibit B), that will include a combination of the following technology:

Combined Backhaul

The St. Louis, MO Wi-Fi System shall be deployed in phases (subject to timely City permits, and using and obtaining suitable City Property and power) according to the following “Phase” schedule and subject to unanticipated events or conditions, such as street closures:

Phase I - Pilot
Timeframe: Start Date (where Start Date means the first business day following the City’s granting/issue of Company’s requested permits herein) +90 Days to build (+ up to 90 additional day testing. )

System Technology:
IEEE 802.11b/g standard Wi-Fi (2.4GHz)
5.8 GHz services for point-to-point and point-to-multipoint services

Company will also test an IEEE 802.11a based 4.9 GHz public safety network using the same City Property

Coverage Area:
Central Business Area downtown, as defined in Exhibit B-1
Phase II
Timeframe: Acceptance of Phase I +1 Year

System Technology:
IEEE 802.11b/g standard Wi-Fi (2.4GHz)
5.8 GHz services for point-to-point and point-to-multipoint services

Coverage Area:
as defined in Exhibit B-1, attached hereto

Total Coverage Area including Phase I: approximately 45 square miles, as defined in Exhibit B-2

Phase III
Timeframe: Acceptance of Phase II +1 Year

System Technology:
IEEE 802.11b/g standard Wi-Fi (2.4GHz)
5.8 GHz services for point-to-point and point-to-multipoint services

Coverage Area:

Total Coverage Area including Phase I and II: shall not extend beyond the developed area within City Limits, as shown in Exhibits B-1, B-2 and B-3.

Exhibit B-1 – Phase I Coverage

The following is an overview of the planned coverage for the City of St. Louis, MO Wi-Fi System.

Phase I
Boundaries (approximately 2.9 sq. miles)
North Boundary – Dr. Martin Luther King Blvd
South Boundary – I-64
East Boundary – Mississippi River
West Boundary – N. Grand Blvd / N. Vandeventer Ave.
See map below

Exhibit B-2, Phase II Coverage

Boundaries (including Phase I, approximately 42 sq. miles)

See map below

Exhibit B-3, Phase III Coverage

Boundaries (including Phase I and II, approximately 62 sq. miles) in City Limits

See map below
Exhibit C- Pilot- Phase I

A.    Definitions

(a)    “Pilot Conditions” shall mean that all of the following has occurred and been satisfied:

(1)    City has obtained Board of Aldermen approval or authorization for execution of the Agreement;

(2)    Fully authorized representatives of both Parties have signed this Agreement;

(3)    There are no court actions or civil actions that have resulted in Company not having substantially all of the rights to perform as described in the Agreement;

(4)    There are no laws, statutes, or regulations or any Board of Aldermen ordinances that have the effect of Company not having substantially all of the rights to perform as described in the Agreement; and

(5)    All necessary and appropriate permits, licenses and authorizations of the City, State and Federal governments for the Pilot (“Permits”) have been issued and have not been terminated or revoked (excepting those Permits that City and Company have otherwise agreed will be issued on a rolling basis, if any).

(b)    “Pilot Period” shall mean a approximately ninety (90) day construction period and a following 90 day test period.

(c)    “Pilot” shall mean a test to validate the Company deployment plan, processes, Service and technology during the Pilot Period in accordance with this Exhibit D.

(d)    “Pilot Area” shall mean the area designated for Phase I Coverage on Exhibit B-1.

(e)    “Success Criteria” has the meaning given in Section B(a) below.
(f) “Coverage” means the System in deployed in the designated area to provide the ability of a user to access the Services if the user has a compatible personal computer (“PC”), with “compatible” meaning either a lap top or desk top with approximately 100 mW of power, 2 dBi gain, and of the type generally used for internet access) and the user is either (a) outdoors or (b) indoors with appropriately equipped PC to transmit wireless signal to the coverage area in which the user is located (indoor users may require additional CPE devices.).

B.    Objectives of Pilot

(a)    Company will test the System and Service in the Pilot Area. Company will endeavor to obtain the following technical and user results (“Success Criteria”):

1. Coverage – 90% outdoor line-of-sight Coverage based on the availability of City Property for mounting assets, with incidental indoor coverage (first and second stories only) in perimeter facing rooms with outward facing walls where line-of-sight outdoor coverage is also available .


2. Throughput – to be measured approximately one/two meters off the ground with a compatible PC-type device.

3.     A user survey shows >75% of free and fee users are satisfied or very satisfied with the System and Service.

Company will hire a third party to perform testing associated with these Success Criteria at times and places mutually agreed to by Company and City.

(b)    End-users in the Pilot Area will be able to log on and access the Service and System by connecting to Wi-Fi access with PC browser capability. Users will be able to connect to a publicly visible service set identifier (SSID) and open their browser and go to the main AT&T portal website for access authentication.

(c)     Upon initial failure to achieve any of the above criteria, Company (with input from City) will identify failure points, and evaluate reasonable and economic options, alternatives and remedies to achieve Pilot Success Criteria. Pilot Period may be extended as necessary for this purpose, not to exceed an additional 40 days. If the Parties are unable to resolve the failure points, either Party may elect to terminate the Agreement.

C.    Procedures for Conducting the Pilot

(a)    Upon successful completion and satisfaction of the Pilot Conditions and after a detailed design review meeting including Company, City and principal subcontractors, Company shall install, implement and test the Service and System.


(b) Company shall send City notice when the results of the Pilot are available, as well as test results for the Pilot. City and Company shall meet to review the test results. If the Pilot has not met the Success Criteria, then Company shall not proceed to a broader implementation of the System and will use good faith commercially reasonable efforts to resolve any problems and/or provide alternatives or changes to the Pilot design, so that the Pilot can meet the Success Criteria.

(c) The Pilot will include a Capture Portal with a customized AT&T welcome page. Company may include advertising on the Capture Portal.

(d) Within thirty (30) days after the Parties agree that the Pilot has met the Success Criteria, Company shall propose a plan for a broader deployment of the System beyond the Pilot (the “Plan”), which Plan shall be consistent with Exhibit B, Exhibit B-2 and Exhibit B-3.


Company shall continue to operate the System, unless otherwise agreed, in the Pilot Area during the finalization of the Plan and the installation of the remainder of the System.

Exhibit D - Services Packages

Company will initially offer a suite of diverse access packages of free and fee based services for consumers, visitors, and businesses. The parameters in each package are subject to modification as market conditions may develop: except before any modification is implemented by AT&T for free service, AT&T will meet and confer with City and if AT&T proposes to eliminate or substantially reduce the features associates with Free service , City shall have the right to require AT&T to make cash payments for attachment to City Property, including associated power usage, of used in the provision of such Free Service, not to exceed the prevailing City pole attachment and electricity rate for similar City Property.

Fee Access Packages
Company will offer fee based access service packages besides the free service. Any such fee based access packages Company chooses to offer shall comply with any and all federal, state and local laws. The City of St. Louis by virtue of this agreement shall not be considered to have endorsed any particular fee access package.

Blocking
The system shall support the ability to block specific ports to increase the security; such as (1) TCP traffic blocked on ports 80 (inbound), 135 (inbound), 137, 138, 139, 445 and 8053, and (2) UDP traffic blocked on ports 1434, 8053, 8083 and 8084, and VPN. Otherwise, the 2.4 GHz system shall be deployed such that it complies with the FCC’s Policy Statement of September 23, 2005 (FCC 05-151) unless amended.

Exhibit E– Wholesale Access Package

Exhibit F - Governance

Company and the City agree to the following system of joint reviews to ensure the proper growth and development of the City of St. Louis Wi-Fi System.

Resources

Executive Review

Performance and Reporting

Exhibit G - On-Line Advertising

Advertising shall be appropriate to all ages. Company shall reject any advertisement for reasons including but not limited to inappropriateness to an audience of all ages, pornography, violence, hate, etc.

Exhibit H– Capture Portal and Splash Page

Walled Garden

Company will endeavor to determine the technical feasibility of providing a customized Capture Portal/ Splash Page based on the location of the user within the City System.

Exhibit I – AT&T Privacy Policy

The current version of the AT&T privacy policy is at http://att.sbc.com/gen/privacy-policy?pid=7666#3.

WI-FI ACCESS AGREEMENT BY AND BETWEEN

City of St. Louis, Missouri

AND

SBC Internet Services, Inc.

This Wi-Fi Access Agreement (this A Agreement") is made and entered into as of the __ day of ____, 200_ (the "Effective Date"), by and between the City of St. Louis, Missouri (A City") and SBC Internet Services, Inc., d/b/a AT&T Internet Services ("Company"). City and Company may be referred to herein individually as a "Party" and collectively as the "Parties".

RECITALS 

A.    Company is a provider of wireless internet broadband access services and equipment.

B. City hereby authorizes Company to access and use City Property, as defined and in the manner provided below, to construct and operate a wireless broadband internet access system for public use (the A System") and to provide free and fee wireless broadband internet access (the A Services") during the term of this Agreement.

C. City owns, operates, and maintains street light standards and traffic light standards and other related equipment ("Street Light Poles"). City also owns, or otherwise controls access to, certain buildings, water towers and other structures ("City Buildings"). These Poles and Buildings are located on real property that City either owns or to which City maintains access. Said Street Light Poles and City Buildings are referred to collectively herein as "City Property".

D. Company may attach Company’s communications equipment related to the System ("System Equipment") to City Property and use the associated electrical power to install, operate and maintain the System and provide Service, in the manner described in the Pole Attachment Standards Document attached hereto as Exhibit A and incorporated herein by this reference. Because it is impractical to execute a separate permit application in each instance that Company desires to use City Property, it is the intent of the Parties that this Agreement shall control such permitting process and shall serve as the all-inclusive agreement regarding such use of City Property, for the duration of this Agreement.

E. Company intends to provide a level of both "Free" Wi-Fi Service (ad supported) and an upgraded "Fee" based service capability at the option of individual users.

AGREEMENT

In consideration of the above-referenced recitals and the following mutual covenants, agreements, and obligations of the Parties, Company and City agree as follows:

1. INCORPORATION OF RECITALS AND EXHIBITS

The foregoing recitals and attached Exhibits are incorporated herein as though fully set forth.

2. PROVISION OF SYSTEM AND SERVICES

In accordance with the terms and conditions contained herein, including City’s agreement to waive all permit fees under the Pole Attachment Standards Document for the use of City Property for System Equipment, Company shall design, build, install, implement, operate and administer the System and provide the Services during the term of this Agreement in the manner provided in this Agreement and the attachments hereto. The detailed description of the System and the Services are set forth in the Exhibits herein.

3. USE OF CITY PROPERTY

City hereby authorizes Company to place System Equipment on City Property, all as further provided in the Pole Attachment Standards Document. Company shall use and access City Property in such manner as not to interfere with other services provided from or on such City Property.

4. SYSTEM EQUIPMENT DEPLOYMENT AND REPORTING

Beginning two (2) weeks prior to the initial installation of System Equipment on City Facilities, and every two (2) weeks thereafter until the System has been fully installed, as stated herein, AT&T will provide the City a status report and updated schedule of deployment. This report and schedule shall include, at a minimum, the location of specific City Facilities and the description of the specific System Equipment attached or to be attached. The Parties agree to meet regularly to review progress and resolve issues; such meeting may be held telephonically. City shall have the right to review Company’s installation of equipment onto City Property, and City shall notify the Company of any required changes in the Deployment Plan., if such is inconsistent with the schedules provided. Promptly upon such notification, Company shall correct any deviations so that said equipment and its installation complies with the methods previously provided to City. City shall also have the right to inspect the actual installation of System Equipment for conformance with the Deployment Plan, Exhibit B, and Company shall correct any deviations from the Deployment Plan promptly upon notice from the City.

5. COORDINATION WITH THIRD PARTIES

Company may not interfere with any pre-existing rights of third parties who may have access to or benefit from any City Property used by Company, provided Company has prior notice of such other third parties by City. Except for any provision of electrical power on City Property used by Company, Company and City will jointly cooperate with other third party users any work that may be required by the third party users to accommodate Company's proposed work.

6. ACCESS

For the term of this Agreement, Company is authorized to use any easements of City and public rights of way for access to City Property to which System Equipment is attached pursuant to this Agreement. The right to access the City Property granted by this Agreement is non-exclusive and shall not be construed as a limitation on City’s ability to contract with other companies.

7. OWNERSHIP OF SYSTEM

Except as otherwise set forth in this Agreement, as between City and Company, Company shall retain title to the System, including the System Equipment, and each device and component thereof. No portion of the System or any System Equipment shall become a fixture unless Company expressly agrees otherwise in writing. Neither City nor any third party shall gain any ownership rights in or to the System or the System Equipment, or in any intellectual property rights in or to the System or the System Equipment, in whole or in part. Without Company’s prior approval, City will not translate, modify, disassemble, or reverse engineer the System or the System Equipment or create derivative works based on any portion of the System, the System Equipment, or any Company Information or authorize or permit others to do so. Company will retain ownership of all intellectual property rights and ownership of all documents, data, studies, surveys, maps, models, photographs, designs, diagrams, System Equipment, software, reports or other materials or Information prepared by Company or its subcontractors resulting from this Agreement.

8. CONDITIONS FOR SERVICE

City recognizes that Company’s provision of Service shall depend on items provided by City or third parties and on other factors outside Company’s control, including access to sufficient City Property, the provision of adequate electricity to the System Equipment, prospective users’ having the appropriate equipment on their personal computers, interference, etc.

9. INSTALLATION AND MAINTENANCE OF SYSTEM EQUIPMENT

Company shall, at its own sole risk and expense, install and maintain System Equipment on City Property in safe and good repair and in accordance with the requirements of all municipal, state and federal laws, ordinances and regulations including the National Electrical Codes and all local modifications and regulations. As part of providing suitable City Facilities for use herein, City shall also, at no cost to Company, provide electricity to Company on such City Property to power the System Equipment in such amounts and in such form as already exists and is already available on such Property.

10. IDENTIFICATION OF SYSTEM EQUIPMENT

Company shall identify the System Equipment newly installed or serviced at each City Facility used by Company by means of a marking method mutually agreed upon by the Parties. Company shall provide City a Company contact telephone number to enable City to report any concerns regarding the System Equipment. In the event that City reports such concerns to Company, Company shall promptly respond to such call(s).

11. RESERVATION OF RIGHTS

City reserves the right to use, operate and maintain City Property, provided that City shall give Company fifteen (15) days advance notice of any non-emergency work which affects Company's System Equipment.

12. NO OWNERSHIP OR VESTED INTEREST IN CITY PROPERTY CREATED

No use of any City Property permitted under this Agreement shall create or vest in Company any ownership interest, tenancy, estate or any other interest in the City Property. Company's rights therein shall be and remain a license. Each Party shall pay the cost of the installation and maintenance of its own facilities. Nothing in this Agreement shall be construed to compel City to maintain any City Property for a period longer than demanded by its own service requirements.

13. DAMAGE TO CITY PROPERTY

Company shall endeavor to avoid causing damage to City Property. Company shall assume responsibility for any loss from such damage caused by Company. Company shall make a prompt report of the occurrence of any such damage to City and shall, on demand, either restore such property to its condition prior to such damage (reasonable wear and tear excepted), or, at the City’s option, reimburse City for the reasonable cost incurred by City in making repairs occasioned by such damage.

14. REPLACEMENT OF CITY PROPERTY

14.1 Movement of System Equipment. In the event that, the City determines that any City Property to which Company has attached System Equipment will to be replaced, repaired or altered, City shall so notify Company in writing, and give Company an opportunity to relocate its affected System Equipment.

14.2 Emergency Movement. In cases of emergency, City may relocate, replace or renew the System Equipment, or transfer it to replacement City Property or perform any other work required to serve the needs of City. City shall make commercially reasonable efforts to notify Company of the relocation of its System Equipment in the event of such emergency, prior to the relocation of System Equipment. If as a result of this emergency work Service disruption occurs, City will not assert any liability against Company.

15. REMOVAL OF SYSTEM EQUIPMENT

Should Company remove its System Equipment from any of City Property, Company shall, promptly after such removal, give written notice thereof to City, specifying the poles vacated and the location thereof, as well as the date of removal. Upon any such removal, Company shall restore City Property to its original condition, fair ware and tear excepted.

16. REMOVAL OF CITY PROPERTY

16.1 Notice. If City desires at any time to remove any City Property to which System Equipment is attached, City shall, except in cases of emergency, give Company notice, in writing, to that effect at least thirty (30) days prior to the date on which it intends to remove such City Property. If Company cannot accommodate the removal of the System Equipment within the thirty (30) day notice period, then the Parties will either (1) have City remove and store Company’s System Equipment or (2) shall negotiate and mutually agree upon a longer timeframe for removal of the City Property and Company’s System Equipment, on a case by case basis.

16.2 Emergency Removal. In the event of an emergency, City may remove City Property and shall in such case immediately notify Company of the action taken, the location of and System Equipment and reasonably protect any affected System Equipment. City shall use commercially reasonable efforts to notify Company of the removal of its System Equipment, prior to such emergency removal.

17. COMPENSATION

Waiver of Permit Fee. City hereby waives any and all permit fees for the rights granted to Company hereunder to install and maintain its System Equipment on  City Property.

18. CONFIDENTIALITY OF INFORMATION

18.1 Confidentiality. In the performance of its obligations under this Agreement, either Party ("Receiving Party") may receive or have access to information owned, controlled or disclosed by the other Party ("Disclosing Party"), including Information provided under a separate nondisclosure agreement prior to executing this Agreement. No Information furnished by either Party to the other Party in connection with this Agreement shall be considered to be confidential or proprietary unless it is conspicuously marked as such. Subject to all federal and state laws, including but not limited to R.S. MO. 610.021 et seq., the Receiving Party shall treat any Information that is so clearly marked as confidential or proprietary (the "Information"), and shall use such Information only for the purpose of performing under this Agreement, except as may otherwise be agreed to by the parties in writing. Neither Party is granted any rights or license to the other Party’s Information. Each Party shall use the same degree of care to prevent its disclosure to others as it uses with respect to its own proprietary or confidential Information. All copies of such Information, in written, graphic or other tangible form, shall be returned to the Disclosing Party upon the earlier of (i) the Disclosing Party’s request or (ii) upon termination or expiration of this Agreement. All copies of such Information in intangible form, such as electronic records, including electronic mail, shall be destroyed upon the earlier of (a) the Disclosing Party’s request or (b) upon termination or expiration of this Agreement, and the Receiving Party shall certify to the Disclosing Party the destruction of all intangible copies of such Information.

18.2 Test and Pilot Results. City understands and agrees that any and all test and pilot results prepared by Company are and shall remain the property of Company and are hereby considered Company proprietary Information. Therefore, it shall be Company’s option, in its sole discretion, to furnish City copies of such documents or to discuss such documents with City, except that Company shall furnish data and documents sufficient to confirm the results in the Phase 1 Pilot. Exhibit C. City shall not disclose to any third party field trial reports or Pilot result or Pilot documents and Information furnished by Company without Company’s prior written consent.

19. CITY INFORMATION AND FACILITIES

Company may rely on any written information provided by City. City shall use reasonable efforts to provide Company with access to City information, facilities, equipment and/or power at the times requested by Company and as Company reasonably requires to provide the Services. City also shall use reasonable efforts to keep Company informed on developments in City’s business or operations that may impact Service. Company shall have the right to access the premises of City Property at all times as reasonably necessary to fulfill its obligations hereunder; City agrees that upon request, it will provide Company with any data or knowledge in City’s possession related to such premises concerning the existence of hazardous materials, including any substance whose us, transport, storage, handling, disposal or release is regulated by any law related to pollution, protection of air, water, soil, or health and safety.

20. DISPUTE RESOLUTION

It is the expectation of both parties that the company will provide reliable, free service in developed areas as described in Exhibit D, but City understands that conditions beyond the Company's control may disrupt or degrade the service  and service quality.  If City believes that this expectation is not met, in whole or part, the two parties will meet and confer to resolve  any  problems.  If the City is still not satisfied, or if any other dispute arises out of or relates to this Agreement, or its breach, and the Parties have not been successful in resolving the dispute through direct negotiation, the Parties shall attempt to resolve the dispute through non-binding mediation by submitting the dispute to a sole mediator selected by the Parties, or if the Parties are unable to agree upon a mediator, then to a mediator selected by the American Arbitration Association ("AAA"). Each Party shall bear its own expenses and an equal share of the expenses of the mediator (and the fees of the AAA if necessary). Both Parties shall continue performing their obligations under this Agreement while any dispute is being resolved unless and until such obligations are terminated by the termination, cancellation or expiration of this Agreement.

21. TERM AND TERMINATION

21.1. Initial Term. This Agreement shall become effective on the Effective Date and shall continue in effect for a term of four (4) years (the "Initial Term").

21.2 Extension of Term. Upon the end of the Initial Term, this Agreement may be renewed for two (2) additional two (2) year Terms upon written notice sent from Company six (6) months prior the end the Initial Term and additional Term.

21.3 Termination. If a breaching Party fails to cure a material breach under this Agreement within thirty (30) days after its receipt of written notice thereof from the other Party, then, in addition to all other rights and remedies, the other Party may terminate this Agreement.

21.4 Effect of Termination. Company, at its own expense, shall remove the System Equipment from City Property within twelve (12) months of the date of any termination of this Agreement, and upon any such removal, shall restore City Property to its original condition, less reasonable wear and tear; provided that during such period Company may continue to provide Service or any part thereof.

22. NOTICE

22.1 Method of Giving Notices. All notices given or which may be given pursuant to this Agreement must be in writing and transmitted by United States mail or by private delivery system as follows:

To City at:

Office of the City Counselor
1200 Market Street, Room 314
St. Louis, MO 63103

AND

Office of the Mayor
1200 Market Street, Room 200
St. Louis, MO 63103

To Company at:

22.2 Changes of Address. Notice may also be provided to such other address as either Party may from time to time designate in writing. Any facsimile transmission by either Party must be followed up by a copy sent by mail. All such change of address notices will be effective upon their receipt.

23. REPRESENTATIONS AND WARRANTIES

23.1 City represents that, to its knowledge, after due inquiry, it has the right and authority to enter into this Agreement and grant the rights and License contained herein. City shall provide AT&T or its counsel a copy of the Board of Aldermen’s records reflecting authorization of such execution of this Agreement and shall make reasonably available for AT&T’s review copies of the relevant statutes, ordinances, rules, regulations, and procedures governing the authority of City to enter contracts, and the enforceability of contracts against City. The City further represents that it will make sufficient suitable City Facilities available for AT&T to meet its obligations under the Wireless Agreement for the provision of Wi-Fi Service in areas where such City Facilities currently exist. The City also represents that the applicable City Facilities will have the necessary electrical power available (or will be available with the issuance of any Construction Permit herein).

23.2 AT&T represents and warrants to City that, to its knowledge, after due inquiry, (i) it has all licenses, permits and rights authorizing it to enter into this Agreement; (ii) AT&T is duly organized and validly existing under the laws of the state in which it was formed and is qualified to do business in the State of Missouri; (iii) the execution and delivery of this Agreement has been duly authorized by the proper corporate proceedings; (iv) this Agreement constitutes a valid and binding obligation of AT&T enforceable in accordance with its terms, subject to the effect of principles of equity and the applicable bankruptcy, insolvency or other similar laws, now or hereafter in effect, affecting creditors’ rights generally and other customary qualifications; and (v) neither the execution, delivery or performance of this Agreement will violate or conflict with any law, rule, regulation, order, judgment, organization document, instrument or agreement by which AT&T is bound. The individuals executing this Agreement and the instruments referenced herein on behalf of AT&T each represent and warrant that they have the legal power, right and actual authority to bind AT&T to the terms and conditions of this Agreement.

24. ASSIGNMENT AND TRANSFER

AT&T shall not assign, transfer or sublicense its interest in or obligations under this Agreement ("Assign") without the prior written consent of City, which consent shall not be unreasonably withheld or delayed.

Notwithstanding the foregoing, AT&T may assign, transfer or sublicense its interests and obligations hereunder to a parent, wholly-owned affiliate, wholly-owned subsidiary company, or purchaser of all or substantially all of its assets or stock, without the prior written consent of City.

25. INDEMNIFICATION AND LIMITATION OF LIABILITY

25.1 General. To the extent not restricted by law, each Party shall protect, defend, indemnify, and hold the other Party and its officers, agents, contractors and subcontractors, employees and volunteers completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury to or death of any person or damage to any real property or tangible personal property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys’ fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Agreement and/or the use or occupancy of the City Facilities or the acts or omissions of the indemnifying Party or the indemnifying Party’s officers, agents, employees, contractors, or subcontractors, licensees, invitees or guests, regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the negligence or willful misconduct of the other Party or its officers, employees or agents. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the indemnifying Party or any of the indemnifying Party’s officers, agents, employees, contractors, subcontractors, licensees, invitees or guests. Both Parties’ obligations under this indemnification provision shall be limited to the extent applicable law restricts its application to either Party. Each Party shall give the other reasonable notice of any such claims or actions. Each Party shall use counsel reasonably acceptable to the other in carrying out its obligations hereunder.

25.2 Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, in no event shall either Party be liable to the other or to any third party for any indirect, incidental, special or consequential damages arising out of or in connection with this Agreement, including without limitation, damages for loss of business profits, anticipated revenue, information, data, the interruption of business, or any legal, engineering, consulting or other professional fees or expenses, regardless of whether such Party knew or had reason to know of the possibility of such damages.

26. AMENDMENT

This Agreement may be amended or modified only through a subsequent written document signed by the Parties.

27. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, such invalidity or non-enforceability shall not invalidate or render unenforceable any other portion of this Agreement. The entire Agreement will be construed as if it did not contain the particular invalid or unenforceable provision(s), and the rights and obligations of City and Company will be construed and enforced accordingly.

28. WARRANTY DISCLAIMER

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH THIS AGREEMENT OR THE SYSTEM OR THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, ARISING BY COURSE OF CONDUCT OR BY PERFORMANCE, CUSTOM OR USAGE IN THE TRADE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SYSTEM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE IN THEIR OPERATION OR PREVENT THIRD PARTY HACKING. COMPANY ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE INTERNET SECURITY-RELATED FEATURES OF THE SYSTEM AND/OR SERVICES. COMPANY DOES NOT GUARANTEE THE AVAILABILITY, PERFORMANCE OR SECURITY OF THE INTERNET OR WIRELESS SERVICES.

29. TERMS OF USE

Company may require users of the Service to agree electronically to terms of use governing the Service, including an acceptable use policy and Privacy Policy (Exhibit I). Such terms of use shall be consistent with Company’s standard terms of use. In the event of any conflict between such terms of use and the terms of this Agreement, the terms of this Agreement shall take precedence.

30. PUBLICITY

30.1 Use of Company Marks. City shall not use Company’s or its affiliate’s or suppliers names or any language, pictures, trademarks, service marks or symbols which could, in Company’s judgment, imply Company or its affiliates’ identity or endorsement by Company, its affiliates or any of its employees in any (i) written, electronic or oral advertising or presentation or (ii) brochure, newsletter, book, electronic database or other written matter of whatever nature, without Company’s prior written consent.

30.2 Use of City Marks. Company shall not use City’s name or any language, pictures, trademarks, service marks or symbols which could, in City’s judgment, imply City’s identity or endorsement by City or any of its employees in any (i) written, electronic or oral advertising or presentation or (ii) brochure, newsletter, book, electronic database or other written matter of whatever nature, without City’s prior written consent.

30.3 Usage Guidelines. If either party provides to the other its written approval to use of any Marks, the party’s use of such Marks shall be subject to and in strict accordance with the approving party’s usage and quality guidelines therefore as may be provided and/or changed by the approving party from time to time. All use of Marks shall inure to the benefit of the party to whom such Marks belong.

30.4 Co-branding. The Parties may develop a co-branding strategy to promote, market, offer and identify the Services.

31. FORCE MAJEURE

City understands and agrees that temporary interruptions of the Services may occur as normal events in the provision of the Services and that Company is not liable for such interruptions. City further understands and agrees that Company has no control over non-Company provided equipment and third party networks that may be in use or used to access the Services and, therefore, delays and disruptions from such equipment and networks are beyond the control of Company. In addition, none of Company or its subsidiaries, affiliates, co-branders, suppliers, licensors, partners, or other related parties, or their respective officers, agents, representatives, or employees will be responsible or liable for any failure of performance, if such failure is due to any cause beyond their reasonable control or otherwise commonly known as force majeure, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, epidemic, pandemic, cable cut, storm, or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, or delays caused by other networks or users.

32. LIMITATION OF LIABILITY

32.1 Disclaimer of Certain Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY FORM OF DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

32.2 Cap on Damages. COMPANY’S AND ITS SUPPLIERS’ TOTAL LIABILITY AND CITY’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SYSTEM OR THE SERVICES, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY COMPANY’S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000).

32.3 User or Subscribers’ Conduct. COMPANY SHALL HAVE NO LIABILITY TO CITY FOR THE CONDUCT OF SUBSCRIBERS USING OR ACCESSING THE SYSTEM OR SERVICES

33. WAIVER AND CUMULATIVE REMEDIES

No course of dealing or failure of either Party to strictly enforce any term, right or condition of this Agreement shall be construed as a general waiver or relinquishment of such term, right or condition. A waiver by either Party of any default shall not be deemed a waiver of any other default. The remedies expressly provided in this Agreement shall be in addition to any other remedies available at law or in equity.

34. NO THIRD PARTY BENEFICIARIES

Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon or give to any person, firm, individual corporation, or legal entity, other than the Parties, any rights, remedies, or other benefits under or by reason of the Agreement.

35. ENTIRE AGREEMENT

The terms contained in this Agreement, including all Exhibits and subordinate documents attached to or referenced in this Agreement, constitute the entire integrated Agreement between City and Company with regard to the subject matter contained herein. This Agreement supersedes all prior oral and written communications, agreements and understandings of the Parties, if any, with respect hereto.

IN WITNESS WHEREOF, the Parties acknowledge and accept the terms, conditions and obligations of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

[City]

By: ____________________________

 

Title: __________________________

 

Date: __________________________

[Company]

By: ____________________________

 

Title: __________________________

 

Date: __________________________

 

Legislative History
1ST READING REF TO COMM COMMITTEE COMM SUB COMM AMEND
02/09/07
2ND READING FLOOR AMEND FLOOR SUB PERFECTN PASSAGE
ORDINANCE VETOED VETO OVR SIGNED BY MAYOR
67413

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