HomeMy Public PortalAbout2011.10.20 Frontier Service Agreementfro 1 r°
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FRONTIER SERVICES AGREEMENT
This Agreement is made this
Idaho, with an address at 201 Lenora, McCall, Idaho 83638 (referred to herein as "Frontier"), and City of McCall, whose address is 216
East Park Street, McCall, Idaho 83638 (referred to herein as "Customer").
1. Services
day of 0401oer 2011, by and between Citizens Telecommunications Company of
Frontier will provide the services on the attached Schedules that
Customer has initialed, which Schedules are incorporated herein by
reference and made a part hereof (the "Services"). The Services
are described further in the attached Schedules and this Agreement
becomes effective for such Services upon Customer initialing each
applicable Schedule where indicated. For Services covered by
tariff, Customer recognizes that in the event of any inconsistencies
between this Agreement and the tariffs, except with respect to
pricing, termination charges or cancellation charges for which this
Agreement shall control in all circumstances (subject to Section 15
hereof), the tariffs shall control for regulated Services (other than for
pricing), and this Agreement shall control for unregulated Services.
In the event of any conflict between this Agreement and any
Schedule, the Schedule shall control. Customer further recognizes
that if Customer selects long distance services, such services will
be provided directly by Frontier Communications of America, Inc.
("LD Carrier") and Frontier is acting solely as LD Carrier's agent
with respect to such services. If long distance services are being
contracted for by Customer hereunder, Customer shall execute a
Letter of Authorization in the form of Schedule LD, attached hereto.
Services, special facilities and equipment may also be provided by
other local or long distance carriers that are affiliates or
subcontractors of Frontier and such Services will be subject to the
terms and conditions of this Agreement.
Frontier will maintain, repair and service the facilities and equipment
used to provide. the Services or leased to Customer as part of this
Agreement, up to and including the point at which the facilities and
equipment are made available for interconnection to Customer's
premises equipment or inside wiring. Only authorized agents and
representatives of Frontier may. perform such work. Any repair,
alteration or servicing of Frontier's facilities or equipment by
Customer or third parties without the express written consent of
Frontier is cause for termination of this Agreement at Frontier's
option. For any portion of Frontier's circuits that are provided by
third parties, Frontier's maintenance responsibility is limited to the
prompt identification and notification of appropriate parties. Frontier
will make every reasonable effort as Customer's agent to obtain
prompt action from such a third party.
Minimum Usage Guarantee
If: Customer has selected Service(s) for which there is a Minimum
Usage Guarantee; then . unless otherwise described in this
Agreement or the applicable Schedule, Customer shall be liable to
Frontier for meeting such Minimum Usage Guarantee during the
initial term stated in the applicable Schedule or tariff. Unless
otherwise stated in the Schedule, any Minimum Usage Guarantee
period begins on the date of installation of the applicable Service.
Taxes or tax -related surcharges, governmentally imposed or
permitted surcharges, nonrecurring charges (including but not
limited to installation charges), operator assistance charges, and
any charges of third parties that are passed through to Customer .
are not included in determining whether Customer has met any
Minimum Usage Guarantee. Customer agrees that the prices in the
Schedules are based in part upon any term and volume
commitments that Customer is making to Frontier. If Customer's
purchases are less than any Minimum Usage Guarantee committed
to in any Schedule, Frontier may, in addition to any other rights and
remedies it may have, recover the shortfall from Customer, and may
elect at its option either to continue to recover the shortfall
prospectively or increase the price prospectively to reflect Frontier's
then -current prices for comparable terms and volumes.
3. Cancellation Charges
Whether or not Customer enters into a minimum term commitment,
if Customer terminates or cancels an order for a Service prior to the
completion of installation of the Service, Customer shall pay a
cancellation charge equal to one month of recurring charges for the
Service plus the total costs and expenses of Frontier in connection
with establishing the Service prior to Frontier's receipt of notice of
termination or cancellation, including, but not limited to,. Frontier's
applicable installation charges for the Service.
If Customer has selected Services for which there is a minimum
term _commitment or the applicable Schedule includes a minimum
term commitment, and if Customer terminates or cancels a Service
after completion of installation but prior to completion of the
minimum term commitment or Frontier terminates the Service or
this Agreement pursuant to Section 9.a. hereof, unless otherwise
stated in, the Schedule, Customer shall immediately pay Frontier a
cancellation charge equal to the monthly recurring charges for the.
terminated or canceled Service, plus the following associated
surcharges for such Service: subscriber line charges, primary
interexchange carrier charges, and universal service fund charges,
multipliedby the number of months remaining in the applicable
minimum term commitment. Unless otherwise stated in the
Schedule, partial months shall be prorated so that Customer's total
payment of recurring charges (plus applicable surcharges) before
and after termination or cancellation equals the monthly recurring
charges (plus applicable surcharges) for the Service multiplied by
the total number of months in the minimum term commitment.
Unless otherwise stated in . the Schedule, any minimum term
commitment begins on the effective billing date for the applicable
Service.
It is agreed that Frontier's damages,in the event of early termination
will be difficult or impossible to ascertain. These provisions are
intended, therefore, to establish liquidated damages in the event of.
termination and are not intended as a penalty.
The minimum term provisions or Minimum Usage Guarantees for
any Service selected by Customer hereunder shall have no effect
on any other minimum term commitments or Minimum Usage
Guarantees that Customer may have with Frontier, whether under
this Agreement, or otherwise.
4. Payment
Cuatomer shall pay all charges set forth in the attached Schedules
and. in applicable tariffs.. Customer shall be responsible for alt
charges for Services commencing upon the earlier of (i) Customer's
use of the applicable Service(s) or (ii) five. (5) days following
Frontier's installation of such Service(s). Unless otherwise specified
in an applicable Schedule or tariff, or otherwise required by statute -
or rule, all payments shall be due within. thirty (30) days of the
invoice date and late payments shall be subject to,a late payment
fee of :the lesser of one and one-half percent.(1.5%) per month:or
the maximum allowed by law. - The late payment fee referred to
above will be in addition to and not in lieu of any other remedies
Frontier may have hereunder or under the law as a result of
Customer's failure to pay. If Frontier does not receive notice of a
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CLrty ofMcCall � FSA.doc
payment dispute by Customer within ninety (90) calendar days after
Customer's receipt of an invoice, such invoice will be final and not
subject to further challenge. Upon timely receipt of a notice of
dispute, Frontier will promptly investigate all disputed. charges and
report its findings and disposition of the dispute to Customer within
sixty (60) calendar days. For the purpose of computing partial
month charges, a month will consist of thirty (30) calendar days.
In addition to the charges set forth in the applicable tariffs and
Schedules, Customer shall pay any and all federal, state or local
sales, use, privilege, gross receipts or excise taxes (exclusive of
taxes based on the net income of Frontier or its affiliates), or any
charges in lieu thereof, and any applicable surcharges, including but
not limited to Primary Interexchange Carrier Charge ("PICC"),
Federal Pre -Subscribed Line Charge. ("FEPS"), Carrier Cost
Recovery Surcharge, E-911, Universal Service and Local Number
Portability surcharges related to the Services, in the amounts
applicable at the time of billing.
5. Term
This Agreement is effective as of the date written above, and shall
continue in full force and effect as long as any of the Services
continue to be provided pursuant to any Schedule hereto, unless
terminated in accordance with the provisions hereof. If neither party
provides the other with written notice of its intent to terminate this
Agreement, or any Service provided pursuant to any Schedule, at
least sixty (60) days prior to expiration of any minimum term
commitment for any or all Services, or any renewal thereof as
provided below, then this Agreement shall be deemed automatically
renewed for additional one-year periods at the then applicable one-
year term rate, excluding promotional rates. Notwithstanding the
above, if tariff pricing was applicable during the initial term of this
Agreement, pricing for Services continuing during any renewal term
shall be at the then applicable tariff rate.
6. Limitation of Liability and Warranty Provisions
Subject to the limitations imposed by Article 8, Section 4 of the
Idaho Constitution, the liability of Frontier and its affiliates for the
Services provided under this Agreement shall in no event exceed
the limitations of liability set forth in the applicable tariffs or
regulatory rule or order, or, if there is no applicable tariff provision,
rule or order, the total amount paid for the applicable Service
pursuant to this Agreement and the attached Schedules. In cases
of Service outages or interruptions, liability shall be limited to 1/720.
of the monthly charge for each hour the Service is interrupted.
Notwithstanding the above, Frontier will not be liable to Customer
for interruptions in Services caused by failure of hardware or
software, failure of communications services, power outages, or
other interruptions not within the• complete control of Frontier. In
addition, there will be no credits, reductions or set -offs against
charges for Services, or for downtime of Services, except as
expressly set forth herein.
IN NO EVENT WILL FRONTIER OR ITS AFFILIATES BE LIABLE
FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, OR
FOR ANY - SPECIAL, INDIRECT OR CONSEQUENTIAL -
DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
FRONTIER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR
ANY LOSS, COST, CLAIM OR EXPENSE EXPERIENCED OR
INCURRED BY. CUSTOMER RESULTING FROM THE USE OF
THE SERVICES OR EQUIPMENT PROVIDED THEREUNDER,
INCLUDING, BUT NOT LIMITED TO, TOLL FRAUD.
EXCEPT AS OTHERWISE PROVIDED HEREIN OR IN THE
APPLICABLE SCHEDULES, -FRONTIER DISCLAIMS ALL
WARRANTIES WITH RESPECT TO ITS FACILITIES,.
TRANSMISSION, EQUIPMENT, DATA OR SERVICES PROVIDED
HEREUNDER, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FUNCTION.
No action, regardless of form, arising out of this Agreement or the
Schedules may be brought more than two (2) years after the cause
of action has arisen. The parties hereby waive the right to invoke
any different limitation on the bringing of actions provided under
state law.
7. Indemnification
Customer shall be liable for and shall indemnify, defend and hold
Frontier and its affiliates harmless from and against any and all
claims, loss, damage, cost or expense (including reasonable
attorneys' fees) arising out of Customer's negligent, willful or
unauthorized acts, failures to act or misrepresentations, and, in the
case of facilities or equipment, failure to maintain an adequate and
safe environment or permitting unauthorized repairs.
8. Confidentiality
Both parties agree that all terms and conditions set forth in this
Agreement shall be considered confidential, and that details of the
terms of this Agreement, or the Services provided under this
Agreement, shall not be disclosed to third parties, other than
affiliates, employees, agents or contractors who have a need to
know such information in the scope of their employment or
engagement, without the prior written consent of the other party,
unless required by law.
Customer and Frontier may disclose to each other information that
is confidential in nature. In order to receive confidential treatment,
all such information (hereafter "Information") shall be either (i)
clearly marked as confidential if written, or clearly identified as
confidential if oral or (ii) reasonably understood by the recipient,
based on the nature of the Information or the circumstances of
disclosure, to be in need of confidential treatment or proprietary to
the discloser. Customer and Frontier agree not to disclose any
Information to any third party, to keep Information in a secure place
available only to employees, affiliates or agents who are subject to
obligations of confidentiality no less restrictive than those set forth
herein, who need to know the Information for purposes of the
business dealing between Customer and Frontier, and to use
Information only in connection with such business dealings.
Information will lose its confidential status if obtained legitimately
from a third party without restriction or upon the expiration of six (6)
years from delivery of each item of Information. Information shall
remain the property of the disclosing party and shall be returned to
such party on request or upon termination of the business dealing
between Customer and Frontier. This Agreement is enforceable by
injunction.
Notwithstanding anything herein to the contrary, Frontier shall have
the right to include Customer's name in a public list of current
customers who use Frontiers services, provided Frontier does not
make any representation with respect to Customer and does not
attribute any endorsements to Customer, without Customer's prior
written consent. In addition, Frontier may issue a press release
announcing Customer as a new customer of Frontier or an existing
customer obtaining expanded or additional services from Frontier,
as the case may be.
Notwithstanding anything herein to the contrary, Customer is
required to comply with Idaho's Public Records Law embodied at
Chapter 3, Title 9, Idaho Code. To the extent that information in this_
agreement constitutes "trade secrets" of Frontier, such information
shall be exempt from disclosure. However, other information in this
agreement which does -not qualify as a trade secret under Idaho
law, or is not otherwise protected from disclosure by federal law, is
notconfidential and may be disclosed in response to a public
records request. Frontier shall notify Customer, within 30 days after
execution of this agreement, of any information in this Agreementor
affiliated records that it believes is a trade secret so that Customer
may flag such information accordingly. Failure to notify Customer
within said time period will constitute consent to disclosure of this
Agreement or affiliated records.
Ver. 2010-07-22
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9. Default
a. Breach by Customer: If Customer fails to make any payment
when due, or fails to comply with any other term or condition of
this Agreement or any Schedule, and such failure continues for
five (5) days in the event of failure to make payments, or thirty
(30) days in the event of any other default, after notice of such
failure, Frontier shall have the right either to suspend the
Service until the default is remedied or to terminate this
Agreement or any Schedule. In the case of failure to make
payment for equipment purchased or leased hereunder,
Frontier shall have the right, without notice, demand or legal
process, to demand payment of all amounts remaining to be
paid under the applicable Schedule and to take possession
and dispose of the property in a commercially reasonable
manner. Retaking or resale of such equipment shall not
release Customer from its obligation to pay all amounts due
under this Agreement and the Schedules.
b. Breach by Frontier: If Frontier has not remedied any breach
within thirty (30) days after Frontier's receipt of notice from
Customer of such breach, Customer may terminate the circuit
or Service which is the subject of such breach. Except for
charges incurred prior to the termination and except for
charges incurred with continued use despite termination,
Customer shall have no further obligation to Frontier for
payment of charges for the terminated circuit or Service after
such termination.
c. Frontier, after giving notice to Customer and after having given
Customer an opportunity, appropriate to the circumstances
involved, to respond to such notice, may, under the following
conditions, forthwith terminate any Service, and sever the
connection to Frontiers network and remove its equipment
from Customer's premises:
1) In the event of prohibited, unlawful or improper use of the
facilities or Service or abuse of the facilities, or
2) If, in the sole judgment of Frontier, any use of the facilities
or Service by Customer would have a material negative impact
on the business of Frontier or the efficiency of Frontier's
personnel, plant, property or Service.
Frontier, however, shall have the right to take immediate
action, including termination of the Service and severing of the
connection to its network without notice to Customer when
injury or damage to Frontier personnel, plant, property or
Service is occurring, or is likely to occur.
10. Force Majeure
In no event will Frontier or its affiliates be liable for any delay in
performance directly or indirectly caused by events beyond their
control, including, but not limited to: acts of Customer, its agents,
employees or contractors; acts of God; acts of the public enemy;
acts of the United States, a state or other political subdivision; fire,
floods or other natural disasters; accidents; wars; labor disputes or
shortages; and inability to obtain material, power, equipment or
transportation.
11. Assignment
This Agreement may not be: assigned by either party without the
other parry's prior writtenconsent, which consent shall not be
unreasonably withheld or delayed, except that Frontier may assign
this Agreement to any successor to the business of Frontier by
merger, consolidation or sale of assets or to any corporation
controlling, controlled by or under common control with Frontier.
Frontier may subcontract portions of the work to be performed
hereunder, but shall remain fully liable to Customer for the
workmanlike performance thereof.
12. Work Site Conditions
This Agreement assumes that any Services provided hereunder do
not involve Frontiers contact with or removal of asbestos or other
toxic or hazardous materials. If asbestos, or material containing
asbestos, or any other hazardous or toxic materials are discovered
during work pursuant to this Agreement, Frontier will suspend its
work for a reasonable period of time to permit Customer to engage
a qualified firm to remove and dispose of the asbestos or other toxic
or hazardous materials from the site and receive an equitable
adjustment to the sums due or to be due to Frontier under this
Agreement as a result of any increase in costs Frontier experiences
as a result of such suspension.
Customer acknowledges that Frontier shall not be responsible for
any claims, demands or damages arising out of the removal of
asbestos or any other hazardous or toxic material from the work site
and agrees to release, indemnify, defend and hold harmless
Frontier from and against any damages, losses, claims, demands or
lawsuits arising out of or relating to the presence, removal or
disposal of asbestos or any other hazardous or toxic material from
the work site.
13. Title and Risk of Loss
In the case of equipment provided hereunder, risk of loss or
damage shall pass to Customer at time of delivery to Customer.
Title to any sold equipment passes to Customer upon payment in
full for the equipment or upon completion of installation and
Customer's acceptance, whichever occurs first. Unless an
acceptance test is deemed necessary by the parties, acceptance by
Customer is deemed to occur at the time of cutover as evidenced
by the interconnection of the equipment to the public network and
its ability to place and receive external and internal telephone calls
or data traffic. Until the purchase price and all other amounts added
thereto have been paid in full, Frontier shallretain a security interest
in the equipment to secure payment of the purchase price. The
parties hereby agree that this Agreement shall constitute a security
agreement and financing statement as those terms are defined in
the Uniform Commercial Code. Customer will promptly execute any
additional documents or instruments requested by Frontier to
protect Frontiers interests.
Unless expressly sold to Customer, any equipment installed at
Customer's premises in connection with the Services remains the
property of Frontier and upon termination of this Agreement or any
applicable Service, such equipment shall be returned to Frontier in
the same condition as installed, normal wear and tear excepted. In
the event of Customer's failure to comply with the preceding
sentence, Customer will be billed for and pay to Frontier an amount
equal to the retail value of such equipment.
Frontier will be provided reasonable access to Customer's premises
during normal business hours for the purpose of installing,
inspecting, testing, rearranging, repairing or removing any Service
and/or related equipment.
Customer will reimburse Frontier for anyloss of, or damage to, any
Frontier facilities or equipment in or •on Customers premises :or
property resulting from theft, willful injury, or any other cause
whatsoever, other than by fire or unavoidable accident, and other
than any loss or damage resulting from the negligence or willful
misconduct of Frontier or its- agents. The term "unavoidable
accident" does not include theft.
14. Competition
Customer recognizes the availability of competitive alternatives for
receiving the Service(s) provided under this Agreement either now.
or in the future, and has freely elected to enter into this Agreement
in order to receive the benefits it offers.
Ver. 2010-07-22
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,fCity of McC"a11:- FSAdoc
15. Government Regulation
Notwithstanding anything in Section 1 regarding the precedence of
contract or tariff, to the extent that any Service(s) provided
hereunder are subject to the jurisdiction of the Federal
Communications Commission ("FCC") and/or any state utility
regulatory agency, this Agreement shall at all times be subject to
changes, modifications, orders and rulings by the FCC and/or that
regulatory agency. Frontier reserves the right to suspend, modify or
terminate any Service without liability where any statute, regulation
and/or ruling, including modifications thereto, by any regulatory
agency (including the FCC), legislative body or court of competent
jurisdiction, (i) prohibits, restricts or otherwise prevents Frontier from
furnishing such Service, or (ii) has a material negative impact on
Frontiers performance hereunder or the benefits provided by this
Agreement. If provision of any Service pursuant to this Agreement
is subject to advance approval of the FCC and/or any state utility
regulatory agency, this Agreement shall not become effective with
respect to such Service until fifteen (15) days after receipt by
Frontier of written notice of such approval.
16. Governing Law
This Agreement shall be governed by and construed according to
the laws of the State in which Services are being provided
hereunder without regard to its conflicts of laws provisions. Any
related litigation may be brought in any State or Federal courts of
competent jurisdiction: within such State. Customer and Frontier
consent to personal jurisdiction in such courts.
17. Merger and Modification
This Agreement and the Schedules hereto contain the entire
agreement between the parties relating to the subject matter hereof,
andmay not be modified, amended or supplemented except by
written agreement signed by an authorized representative of each
party.
18. No Waiver
If either party fails, at any time, to enforce any right or remedy
available to it under this Agreement, that failure shall not be
construed to be a waiver of the right or remedy with respect to any
other breach or failure by the other party.
19. Severability
A declaration by any court, or other binding legal source, that any
provision of this Agreement or any Schedule is illegal and void, will
not affect the legality and enforceability of any other provisions of
this Agreement, unless the provisions are mutually dependent.
20. Internet Acceptable Use Policy and Security
If Customer subscribes to any Frontier Internet service, Customer
shall comply with Frontiers Acceptable Use Policy ("AUP"), which
Frontier may modify at any time. The current AUP is available for
review at the following address, subject to change:
http://www.frontier.com/policies/commercial aup/
Customer is responsible for maintaining awareness of the current
AUP and adhering to the AUP as it may be amended from time to
time. • Failure to comply with the AUP is grounds for immediate
suspension or termination of Frontier Internet Service,
notwithstanding any notice requirements of Section 9(a) above.
Customer is responsible for the security of its own networks,
equipment, hardware, software and software applications. Abuse
that occurs as a result of -Customer's systems or account being
compromised or as a result of activities of third parties permitted by
Customer may result in suspension of Customer'saccounts or
Internet access by Frontier. Customer will defend and indemnify
Frontier and its affiliates with respect to claims arising from
Customer's orthird parties' usage of Frontier Internet access
through Customers hardware or software.
Customer shall not bundle or resell Frontier Internet access
Services unless Customer subscribes to a Schedule designed for
the provision of Internet access by Customer to its customers
through Frontier facilities.
21. Non -Frontier Maintained Equipment
If Customer elects to maintain a PBX or similar switching or routing
equipment directly or through a third party, then Customer assumes
all risks of such maintenance including but not limited to toll fraud
that may occur as a result of weak, default or missing passwords.
Frontier will not provide credits for fraudulent usage if Frontier does
not maintain the equipment.
22. Additional Provisions (if applicable, Customer to initial where
indicated)
a. Surcharge Exemption Certification (applies to special access /
private line circuits):
10 Customer certifies [initial: " `'"''I : That any
special access lines/circuits to be provided by Frontier do not
include a termination connected to a PBX or other device
capable of interconnecting the line/circuit to a local exchange
subscriber line.
Customer understands that if it cannot so certify, or otherwise
qualify for another exemption under Frontiers tariff, a special
access surcharge may be required to be assessed on each
dedicated line/circuit.
b. Interstate / Intrastate Pricing Certification (applies to dedicated
point-to-point services):
If the Schedules include dedicated point-to-point Service(s),
Customer certifies that its dedicated point-to-point traffic.
over such Services: [initial: 1 will more
than 10% interstate in nature; OR ag [initial
will be 10% or less interstate in nature. The term "interstate
in nature" means that the traffic originates in one state and
terminates in another state or outside the United States,
regardless of how it is routed.
[ INTERNAL USE ONLY - SELECT ONE: ICB I NA ]
23. Non -appropriations
In the event funds are not budgeted and appropriated in any fiscal.
year for due under this Agreement for the then current or
succeeding fiscal year, this Agreement shall impose no obligation
on Customer as to such current or succeeding fiscal year and shall
become null and void except as to the payments herein agreed
upon for which funds shall have been appropriated and budgeted,
and no right of action or damage shall accrue to the benefits of
Frontier, its successors or assigns, for any further payments.
If the provisions of the prior paragraph are utilized by Customer,
Customer agrees to immediately notify Frontier or his assignee of
this Agreement if funds are not budgeted and appropriated.
24. Service Level Agreements
Service Level Agreements (SLAs)
For Site to Site Ethernet (Only):
Port Availability: The total number of minutes during a calendar
month in which a Customers Ethernet Port is available to exchange
data with another Ethernet Port on the. Frontier Ethernet. Network,
by the number of lapsed minutes of an outage. The calculation is
referenced by a reported trouble ticket of the outage:
SLA: 99.9%, measured over the applicable month
Credit: 10% of the.monthly-Ethernet Bandwidth Port Price
Ver. 2010-07-22
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CiyorMccarfg-A. o4
Packet Loss: Packet delivery is measured by Frontier from the
Ethemet Port to the egress port of Frontier network during a
calendar month. . Frontier will measure packets through a
measurement of the total packets received and transmitted across
Ethernet network as measured by Frontier Network Management
System.
SLA: 99.9%
Credit: 10% of the Ethernet Bandwidth Port Price
Mean Time to Repair & Resolution: Is defined as Frontiers
commitment to a mean time to repair for Ethernet Ports within four
(4) hours in any month. The calculation is referenced by a reported
trouble ticket of the outage.
SLA: 4 hours
Credit: 10% of the monthly Ethernet Bandwidth Port
FRONTIER:
Citizens Telecommunications Company of Idaho
Signature:
Printed Name: j jea 1 13
Title: / Rl0
Date: Qc vL?ij7 , 2-0/l
CUSTOM•
Ci of McCall
Signature:
Printed Nam
Title:
Date:
May pr
oe -o gy .vA gotI
Ver. 2010-07-22
on -her
.... ............
•ACitizens Camr unirationsCompany
Page 5
C ofhtcCall'MetroEtliemet`Contiacl'(bidocx
[Ills Scislllels aiilicable to tills Frostier Senile'sAgreement 1
This is Schedule Number One to the Frontier Services Agreement dated September 30, 2011 between City of McCall and
FRONTIER. This Schedule is dated September , 2011. Customer orders and Frontier agrees to provide the Services listed below initialed
by Customer.
Location of Services ordered: 216 East Park (5 Mbps VLAN circuit to County) .
(Include a separate schedule for each service location if more than one)
Product
Rate / MRC,
# Lines/Circuits
Install, Chg. •
MinimumTerm
. Total
Bus. Class High Speed Internet*
$
$
$
SDSL : ..
$ .
$
$ .
Other
$
$
$
TL Install Chg.
$
TL MRC
$
Grand TL
$
. High -Speed Internet:: ❑ 2Mbps / 512Kbps (1 Mbps/512Kbps if 2M not available) .
❑ 6Mbps / 512Kbps
❑ 256Kbps / 128Kbps
IP Address (Select one with High -Speed Internet): Cl Static IP address / ❑ Dynamic IP Address
Internet Speed: ❑ 256Kbps ❑ 512Kbps ❑ 768Kbps ❑ 1.024 Mbps ❑ 1.544Mbps ❑ 2Mbps
= Product .
Rate / MRC; . =
# Lines/Circuits/
Channels
. ' Install Chg.
Minimum Term
Total
T-1 Loop
$
$ :
$
T-1 PRI
$ ..
$
,.
$
Fractional T-1 •
$
$
$
T-1
$
$
$
DID/DOD T-1:
$
$
$
ISDN***
$
$
$
ISDN WAN***
$
$
$
Bundled Business ISDN***
$
$
$
DDS
$
. $
$
DS3
$
$
$
0C3
$-
$
$
Switch DS1 (Facility): •::
$
$
$
Switch DS1 (Trunks/ Channels)
$
$
$
Other 10Mbps Metro Ethernet
Circuit/Internet Port/5,Mbps VLAN
to County
$ 980.00
1
$0.00
12 Month
$11,760.00
Other:..:
$ .
: $ .:..
$ . .
***Included in the base rate are:
TL Install Chg.
$
TL MRC
• $
Grand TL
$11,760.00.
- Two circuitswitched data channels (see Note 1) . .
- Flat rate voice usage (see Note 3)
• - Standard feature package including: (see Note 5)
- Call ID and a specified number of free circuit switched data hours (if applicable) .
NOTES:
1 'B-Ch..Hours of use are based on a single B-ch. (Example 2B-Ch. x 25 hours'= 50 B-ch. Hours) Standard usage charges ($0.03/min.) apply past- B-ch.
hours" limit.
2 The current standard ISDN tariff may be used for the Main `Business" location — Central Site.
3 A•Voice call is NOT metered (NO LMS) for the Work -At Home ISDN lines.
4 All other ISDN pricing remains the same (i:e. Multipoint, _call appearances, etc.)
5 install charges includes $125.0 install and L$34.95 Svc. Charge:
- Inside wirework, if required, is extra. (From Demarc to required room location $100.00 additional set-up / programming fee if Switched 56k/64k CAPABILITY
IS REQUIRED.). -:
* Termination After Installation: Notwithstanding Section 3 of the Agreement, if Customer's Business Class High Speed Internet Service is terminated
prior to the end of the minimum term, Customer shall pay a maximum termination charge equal to Two Hundred Fifty Dollars ($250.00) multiplied by the
number of years of its minimum term commitment; which shall be prorated based on the remaining months in the minimum term commitment as of the
Ver. 2008-02-01