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VOICE SERVICE ORDER FORM (2)10/31/2008 FRI 14:52 FAX 813 281 0125 Time Warner Telecom Voice Service Order Form Q001/005 `?..'Jtelecomw Contract Classification ?Master SmleeS Agreement on Fie Date of Original on File: NEW Date of Original on File: 01/20/06 0+ TWrt Standard Terms and Conditions On File . 1rud s, u _ This Service Order is entered into by tw, telecom holdings Inc. by and through its wholly owned subsidiaries that are certified to provide the services being ordered hereunder (oollectively "TWTC') and City of Clearwater, Florida ("Customer"). It is effective upon execution by both Parties ("Effective Date'). The voice services described herein are governed by TWTC's applicable tariff or price list on file with the state pubic utilities commission or similar regulatory body (or, in the states of Oregon, Kentucky, Washington, North Carolina, Ohio and Indiana, they are governed by TWTC's Standard Terms and Conditions or Master Services Agreement executed by Customer, and in Ohio by TW TC's service catalog posted at www.twlelecom.com). Federal Subscriber Line Charges ("FSLC) will be assessed for VerslPak, ISDN PRIs, Digital and Analog Trunks, and Business Line services, but not for Voice TI, IP Trunks, or VerslPak bundles. Updated FSLC rates are posted to the TWTC web site at www.lwlelecom.com-and are subject to change. Additional charges may be assessed if Customer causes a delay In installation, or requires an extension of a network demarcation or Inside wiring. Customer may not use the services to provide voice content related services including, without li ilatkq % chat lines. If Customer breaches this provision, TWTC may immediately terminate or suspend the services ordered hereunder and collect any applicable termination charges. £uslomer agrees to notify TWTC Immediately if it breaches this provision. Customer Is solely liable for and will indemnify, defend and hold TWTC harmless from a9 claims, demands, costs, damages, losses, liabilities and expenses of any nature arising from such breach, plus any costs and attorneys' fees incurred by TWTC in enforcing this provision. Customer may not use the voice services as a substitute for carrier interconnection or switched access services and must immediately notify TWTC if it does so. If Customer is using service to support prepaid calling card calls, Customer acknowledges that any use of service for the transport of originating or terminating pre paid caging card traffic Is subject to the requirements outlined in the order contained in FCC 06.79 (June 30, 2006). Customer agrees to remit any intrastate or interstate access charges directly to the appropriate carrier. TWTC may disconnect services if the violation is not cured within 10 days following written notice. Customer must indemnify, defend and hold TWTC harmless from all claims, demands, damages and expenses arising from or related to Customer's breach of this provision. TWTC does not support resale of switched services to and users Including, but not limited to, support for E911 addressing, local number portability, caging name delivery, end user billing, and directory listings unless special arrangements are agreed to in writing by TWTC. Services provided herein are not designed for, but may be capable of being used by Customers with, remote metering, supervisory control and alarm signaling. To the extent Customer uses services to facilitate remote metering, supervisory control and alarm signaling purposes, Customer Is solely responsible for ensuring compatibility. Customer agrees that TWTC has no responsibility or liability for Customer's use of the Services for remote metering, supervisory control antor alarm signaling. TWTC will send only the Customer's Billing Telephone Number (BTN) to the E911 Selective Router for transfer to the appropriate Public Safety Answering Point (PSAP). Only the physical address listed for the BTN will be displayed at the PSAP. TWTC wig not send the station number or location (the Automatic Number Identification or'ANI') of the telephone set making the E911 call unless special arrangements are made and agreed to in writing. If Customer wishes to identity the Individual station from which an E911 call originates, it must utilize a Private Switch/Automalic Location Identification (PS/ALI) software that interfaces with the host ALI database or a third party vendor to enter end user information into the host ALI database. If Customer opts not to provide end user location information for individual stations;:neither TWTC nor its affiliates are responsible for providing end user information to the E911 system. Upon expiration of a term contract, the service term will automatically renew at the same forms and conditions for successive 12-month terms (or as otherwise stated in the Standard Terms and Conditions If applicable) unless either parry notifies the other in writing thirty (30) days prior to the expiration of the then current term that it wishes to terminate the service. Customer Name: City of Clearwater Florida Service Address: 100 S Myrtle Avenue Billing Address: 100 S Myrtle Avenue, Clearwater FL 33756-5520 Clearwater, FL 33756-5520 TERM: 12 Months Monthly Non-Recurring Grand Total (Detailed Price Description Below) Recurring $2,700.00 Charges "NRC" $0.00 Charges "MRC" Version 3.2 Revised 9.3-06 iIIPrTL?` Page 1 015 10/31/2008 FRI 14:52 FAX 813 281 0125 Time Warner Telecom IM002/005 Customer and the individual signing below represent that such individual has the authority to bind Customer to this Agreement. tw telecom holdings inc. Customer: City o learwater, Florida Signature: Signature: Print Name: Enter GM! RVP Name Print Name: William a. Horne 11 Title: _ Title: City Manager Date: Date: ?- Sales Person: Catherine Martin I 9?Atte t: . /f?E Signature: I? K ` Print Name; C nthl . Goudeau Title: City Cleft Date: I1 ti ZOO Special Provisions for Individual Telephone Number (ITN's): Excluding Services provided in Texas and Hawaii, each ITN requested by Customer hereunder, either at the time of this Service Order or thereafter, will be charged at $0.15 MRC and $0.35 NRC. ITN rates for Services provided In Hawaii and Texas are specified in TW TC's applicable tariffs. Special Provisions for Toll Free Numbers (8xx): Each Toll Free Number requested by Customer hereunder, either at the time of this Service Order or thereafter, will be charged at $15.00 NRC. VOICE SERVICES: VOICE TI Unit Price Guanti MoMhf Total Unit Install Total Install Voice T1 • 2Wa PRI) Flat $425.00 6 S2,650.00 $0.00 $0.00 7S-elect Service> <S-elect Usage T > <Select Service> <Select Usage T > <Select Service> <Select Usage T > Voice T1 Feature Please describe Voice T1 Feature Please describe f ppr ed as to form: Signature: Zz? If Print Name: Title: Assistant City Attorney Date: Version 3.2 Revised 9.3.08 .7w telecom .; . Pago 2 of 5 10/31/2008 FRI 14:52 FAX 813 281 0125 Time Warner Telecom Q003/005 Volce T1 Feature Please describe VOICE SERVICES: TELEPHONE NUMBERS Unit Price QqAq!Lty? Monthl Total Unlt Install Total Install Individual Telephone Number (ITN) ITN - 100 numbers or less HI ITN - greater than 100 HI $0.15 1000 $150.00 SOHO $0.00 LONG DISTANCE SERVICES (NON-USAGE): Unit Price Quantity Monthl Total Unit Install Total Install Dedicated Access Facility - Digital Signal Dedicated Access Facility - PRI Signal Account Codes Toll Free Toll Free Special Routing Toll Free Vanity Number Toll Free Directo Listi Other: 5000 Free MOU a month per PRI $0.00 30000 $0.00 $0.00 $0.00 LONG DISTANCE SERVICES (USAGE): Monthly MOU (3) 1+ Intrastate I Intralata RPM (1) 1+ Interstate RPM axx Intrastate I Intralata RPM (1) 8xx Interstate RPM TW Telecom Lon Distance: V01P VPN 1+ Site to Site Calgn 4 .040 $0.026 Lon Distance 1+ 50.040 $0.026 Lo Distance 8xx $0.040 $0326 1+ Add'I 1+ Add'l 8xx Add'I Long Distance Bundle Pkgs: Package MRC Intrastate / Interstate RPM Intrastate / 8xx Add'I Interstate-RPM (2) MOU (3) Intralata RPM (2) (2) Intralata RPM (2) VolP VPN 1+ Site to Site Calling 4 0.040 $0.028 Bundled Lon Distance 1+/8XX $0.040 $0.026 $0.040 $0.026 Add'I Bundled Lon Distance 1+/8XX BOB's $0.040 $0.026 $0.040 $0.026 Add'i Interstate Lon Distance Bundle ICB onl $0.026 $0.026 Add'I Inirastate/Intralata Lon Distance Bundle ICB $0.040 $0.040 Switchless: Lon Distance Switchless 1+ $0.000 50.000 ! 1 Lon Distance Switchless 8xx 0.000 $0.000 Other: Calling Card Service $0.000 $0.000 SO.000 $0.000 (1) RPM = rate per minute (2) Add'i RPM = The rate per minute that will be charged after the amount of the packaged minutes are used. (3) MOU = Minutes of Use (4) VoIP VPN Site to Site Calling is designated to 1+ cars that originate and terminate on the TWTC Network. (5) International packaged minutes are for land line terminated calls only. Mobile terminated calls are not included and are charged at standard rates. (6) For Additional Long Distance Bundles, In order to be eligible for this product, the monthly long distance traffic must be at least 40% interstate.. (7) For Additional Long Distance Bundles, Customer understands and accepts that it for three consecutive months the Inlralala/inlrastate MOU makes up more than 60% of the overall monthly traffic, TWTC has the right to remove the bundle and change the rate per minute to the pre-defined tariff rate. International Blocking Option: Customer accepts international toll blocking option - Customer Representative Initials: For additional information regarding international toll blocking and internationalloffshore pricing (including Alaska, Hawaii, Puerto Rico, US Virgin Islands and Guam) for TWTC long distance services, please refer to the appropriate. TWTC interstate or international Terms and Conditions/Price List documents available at www.twtelecom.com. For Dedicated Long Distance Services, Customer understands and accepts that If, any local cage are routed over the dedicated access facility, each call wig be charged a Long Distance rate per minute. It is the Customer's responsibility to route all of Its local calls over its local laclrty. $0.00 VOICE SERVICES TOTAL $2,700.001 1 LONG DISTANCE SERVICES TOTAL NON-USAGE) $0.00 50.00 TOTAL MONTHLY RECURRING AND NON-RECURRING CHARGES $2,700.00 $0.00 Version 3,2 Revised 0.3.08 Iw tatecom Page 3 of 5 10/31/2008 FRI 14:53 FAX 813 281 0125 Time Warner Telecom Q004/005 LONG DISTANCE SERVICES LETTER OF AGENCY Jtelecom? PREFERRED CARRIER FREEZE Customer hereby authorizes TWTC to place a preferred carrier freeze ("PIC Freeze") for the service(s) checked below. This means that all service(s) checked below and placed from the telephone numbers designated below for such service(s) will be carried by TWTC, and Customer cannot change this selection unless Customer authorizes a lift of the PIC Freeze. Customer can lift the PIC Freeze in one bf two ways: (1) it can submit a written and signed authorization to TWTC staling its intent to lift any or all of the PIC Freezes designated below; or (2) it can parlicilp" in'a,'three-way conference call among itself, TWTC and the new carrier it has selected to be its preferred carrier, in which it provides TWTC with appropriate verification data and 0 states its intent to lilt any or all of the PIC Freezes designated below. Customer understands that it will not be able to make a change in carrier selection unless it lifts the PIC Freeze via one of the two methods described above. This selection may Involve a charge imposed by the telephone company providing local service to these numbers. Customer authori InterLATA Toll Service Preferred Carrier on which PIC Freeze applies: tw telecom zes TWTC to Implement a PIC Freeze for interl.ATA loll service from the carrier desi ted above for the follovA telephone numbers: Telephone Telephone Telephone Area Code Number Area Code N tuber Area Code Number Customer understands that only one telecommunications carrier may be designated as the preferred InterLATA toll carrier for any single telephone number. ( ) InteaLATA Toll Service Preferred Carrier on which PIC Freeze applies: tw telecom Customer authorizes TWTC to implement a PIC Freeze for inlral-ATA toll service from the carrier designated above for the following telephone numbers: Telephone Telephone Telephone Area Code Number Area Code Number Area Code Number Version 3.2 neyised 9.3-08 1w•teraeom..- Page 4 of 5 10/31/2008 FRI 14:53 FAX 813 281 0125 Time Warner Telecom Customer understands that only one telecommunications carrier may ce aesignatea as me prererrea muaLH r A co. tamer I m.y Sn ry= rn-Nr "I lu rr?r r ?a . 9005/005 Customer and the individual signing below represent that such individual has the authority to bind Customer to this Letter of Agency. This Letter of Agency revokes all previous letters of agency regarding long distance service provided to the telephone numbers shown above. CUSTOMER NAME: Cif of Clearw a Flodda By: Title: Signature: Date: CUSTOMER BILLING ADDRESS: 100 S Myrtle Avenue, Clearwater, FL 33756.5520 Version 3.2 Novised e-3-00 tw towom Page 5 of 5 r .r