The URL can be used to link to this page

AGREEMENT FOR INTERNET ACCESS - VOICE SERVICES - TRANSPORT SERVICESContract No. 142731 Customer Information and Contract Specifications Customer Name: City of Clearwater, Florida Contract Status: • Standard Terms and Conditions on File as of 09/19/2008 Service Order �tw telecom� This Service Order is entered into by tw telecom holdings inc. on behalf of itself and its wholly owned operating subsidiaries (collectively "TWTC") and City of Clearwater, Florida ("Customer"). It is effective upon execution by both Parties. ervice Address Description' - Order Term Qty Unit MRC Unit NRC Total MRC Total NRC Type (Months) 100 S Myrtle AVE, Internet Access - 50 Mbps Renewal 12 1 $1,400.00 $0.00 $1,400.00 $0.00 learvvater, FL 33756- 520 - Service Level = 24x7x4 - Primary DNS (up to 10) - Secondary DNS (up to 50) Internet Transport - Ethernet 1 $260.00 $0.00 $260.00 $0.00 1 �OMbps ubtotal ' 51,660.00 50.00 otals ;1,660.00 s0.00 Additional charges may be assessed if Customer causes a delay in installation or if wiring is required between the service address and the network demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditions executed by Customer, as referenced above. Internet Usage: Customer shall not transmit or store material in violation of any Federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or infringement of trademark or copyright. Custorner agrees to adhere to TWTC's IP policy at http://www.twtelecom.com/cust center/ip addressinq�olic .� and Acceptable Use Policy ("AUP") at http�//www twtelecom com/cust center/acceptable use�olicy.html, which may be modified from time to time. Equipment Recoverv Upon termination of a Service for any reason, TW'fC or its representative will contact Customer to schedule a mutually acceptable time and date for TWTC's retrieval of TWTC Equipment located on Customer's premises. Alternatively, TWTC may request that Customer package TWTC's Equipment and return it, at TWTC's cost, to a location identified by TWTC. If Customer does not provide TWTC with access to its premises to allow TWTC to recover the TWTC Equipment within thirty (30) days following TWTC's contact, or if Customer does not ship the TWTC Equipment back to TWTC within the thirty (30) days, then TWTC may charge Customer for the replacement cost of the TWTC Equipment. Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 1 of 2 Contract No. 142731 Signature Block tw telecom hoidinas inc. Signature: ��,/ �j Name: Rich Santoro Title: VP / M Date: � <.3/�� Sales Person: Tim Fitrpatric An�roved as to form: Customer: Name: Title: Date: Attest: �tw telecom� of Clearwater. Florida .�%Gt-�w,.�.. � . � Wlliam B. Horne, II Citv Manaaer �-G'/:2 Si nature. �. � �. Si nature: ` ' ' ` � Leslie Dou all-Sides Rosemarie Call Assistant Ci Attorne Ci Clerk Customer and the individual signing above represent that such individual has the authority to Agreement. Version 1.1 Rev. 5-12-11 tw telecom — Confidential _ �+�r"�� ""^' _ • ��ti" • XtG��t.� wr� "' :. ', .:w �. � �, � Page 2 of 2 Contract No. 141847 Customer information and Contract Specifications Customer Name: City of Clearwater, Florida Contract Status: • Standard Terms and Conditions on File as of 09/19/2008 Service Order ,,�tw telecom,.� This Service Order is entered into by tw telecom holdings inc. on behalf of itself and its wholly owned operating subsidiaries (collectively "T1NTC") and City of Clearwater, Florida ("Customer"). It is effective upon execution by both Parties. ervice Address Description Order Term Qty Unit MRC Unit NRC Total MRC Total NRC TYpe lMonths) 17�0 N Belcher RD, oice T1 Flat ISDN Renewal 24 1 $373.92 $0.00 $373.92 $0.00 learwater, FL 33765- 1305 - Includes 5000 LD Minutes - Flexcall (total). Domestic LD - Interstate 8xx $0.020 - Interstate 1+ $0.020 - Intrastate 8xx $0.040 - Intrastate 1+ $0.030 Local Loop 1 $176.08 $0.00 $176.08 $0.00 Individual Telephone Numbers 49 $0.15 $0.00 $7.35 $0.00 - First 100 ITNs: Priced as 49 @ 0.15 mrc / $0.35 nrc ubtotal $557.35 $0.00 otals 5557.35 50.00 Additional charges may be assessed if Customer causes a delay in installation or if wiring is required between the service address and the network demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditions executed by Customer, as referenced above. Voice Services Federal Subscriber Line Charges ("FSLC") will be assessed for VersiPak voice when not part of a VersiPak Bundle (ISDN PRIs, Digital and Analog Trunks, and Business Line) as well as for Complete Lines and Business Line/Analog Trunk Services. FSLC rates are posted to the TWTC web site at www.twtelecom.com which may be modified from time to time. Customer may not use the Services to provide voice content related services including, without limitation, chat lines. If Customer breaches this provision, TWTC may immediately terminate or suspend the Services and collect applicable early termination charges. Customer shall notify TWTC immediately if it breaches this provision. Customer shall indemnify, defend and hold TWTC harmless from all claims, demands, costs, damages, losses, liabilities and expenses of any nature arising from Customer's breach of this provision, including any costs and attorneys' fees incurred by TWTC. Customer shall 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 uses the voice Services to support prepaid calling card calls, Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 1 of 3 Contract No. 141847 �tw telecom�, such use is subject to the requirements outlined in FCC Order 06-79 (June 30, 2006). Customer shall remit all intrastate or interstate access charges directly to the appropriate carrier. TWTC may disconnect Services if Customer violates this provision and fails to cure the violation within ten days following written notice from TWTC. 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, including all costs and attorneys' fees incurred by TWTC. TWTC does not support resale of switched services to end users including, but not limited to, support for E911 addressing, local number portability, calling name delivery, end user billing, and directory listings unless special arrangements are agreed to in writing by IWTC. Voice Services provided herein are not designed for but may be compatible with remote metering, supervisory control and alarm signaling. To the extent Customer uses the voice Services to facilitate remote metering, supervisory control and alarm signaling purposes, Customer is solely responsible for ensuring compatibility. Voice Services - Access to Emerqency Services Voice Services are configured to transmit only the Customer's Billing Telephone Number ("BTN") and the physical service address for the BTN to emergency response organizations (911/E911 or Public Safety Answering Point "PSAP"). Calls to 911 that originate on Intercity Switched Service ("ISS") and Local Reach Service will be completely blocked. Calls to 911 that originate on Expanded Exchange Service ("EES"), or from locations other than the Customer's physical service address associated with the BTN, will not be directed to a PSAP capable of responding to the emergency condition. TWTC cannot identify, control or track the location of individual end-user stations, or Customer's method of connecting end-user stations. TWTC is not responsible for providing end user location information to the E911 system. If Customer uses any form of private switch/automatic location identification ("PS/ALI") capability to identify individual stations from which E911 calls originate, Customer must first arrange in writing with TWTC to obtain a special E911 feature or emergency authorities will be unable to identify individual station locations. TWTC has no liability or responsibility whatsoever for inaccuracies in the 911 database associated with Customer-provided information, and TWTC is not responsible for Customer's inability to access emergency services, except to the extent caused by TWTC's gross negligence or willful misconduct. ITN's Special Provisions Each ITN requested by Customer hereunder, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Toll Free Numbers (8xx) Special Provisions Each Toll Free Number requested by Customer, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Lonct Distance By subscribing to Long Distance Services(s) including use of minutes incorporated into bundled or integrated packages, Customer acknowledges that it has selected TWTC as its IntraLATA and InterLATA Long Distance Toll Provider. Minimum initial per call charge is $.01 (one cent), which will be applied to all long distance calls. If 40% or more of Customer's long distance traffic results in TWTC incurring inter-carrier compensation costs that are at least 20% higher than Customer's contracted long distance rate, the Parties agrees to enter into good faith negotiations to increase the rate for long distance Services. If the Parties are not able to reach agreement regarding a new long distance rate, TWTC may discontinue providing the long distance Services following ten days written notice without further obligation. For information regarding international toll blocking and international/offshore pricing for TWTC long distance Services (including Alaska, Hawaii, Puerto Rico, US Virgin Islands and Guam), please refer to TWTC Interstate and International Terms and Conditions/Price List documents available at www.twtelecom.com. Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 2 of 3 Contract No.141847 Signature Block tw telecom holdinas inc. �ignature: ,��,G/, � T° Name: Rich Santoro Title: j� Date: C,�7 Sales Person: Tim Fitzpatric Approved as to form: ,,�tw telecom,� Customer: City of Clearwater, Florida Signature: ��. � p�� Name: William B. Home II Title: City Manaqer Date: (2� �� .� /� Attest: Si nature: �_ Si nature: � �Xi1�.(�C/2 (,� �`�-� 'l. Leslie Dou all-Sides Rosemarie Call Assistant Ci Attorne Ci Clerk Customer and the individual signing above represent that such individual has the authority to bind C� Agreement. Version 1.1 Rev. 5-12-11 tw telecom — Confidential �� \iJ� . '� _ =— to`�-� _._---- ___--- , �!. _ _ Page 3 of 3 �� Contract No. 141854 Customer Information and Contract Specifications Customer Name: City of Clearwater, Florida Contract Status: • Standard Terms and Conditions on File as of 09/19/2008 Service Order �tw telecom,m This Service Order is entered into by tw telecom holdings inc. on behalf of itself and its wholly owned operating subsidiaries (collectively "TWTC") and City of Clearwater, Florida ("Customer"). It is effective upon execution by both Parties . ervice Address Description Order Term Qty Unit MRC Unit NRC Total MRC Total NRC Type (Montns) 06 N Missouri AVE, ransport - Point to Point -(Metro Renewal 24 1 $311.80 $0.00 $311.80 $0.00 learwater, FL 33755- DS1) 321 100 S Myrtle AVE, - Interface Protection = 1 to N learwater, FL 33756- 520 - Neiwork Protection = Network Protected ubtotal 5311.80 $0.00 otals ;311.80 50.00 Additional charges may be assessed if Customer causes a delay in installation or if wiring is required between the service address and the network demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditions executed by Customer, as referenced above. Jurisdiction of Data and Transaort Services For all circuits and/or services ordered hereunder that originate and terminate at Customer locations within the same state, Customer confirms that less than 10% of the traffic transmitted over such circuits and/or services is interstate traffic. Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 1 of 2 Contract No. 141854 Signature Block tw telecom holdings inc. Name: Rich ; Title: Date: � G Sales Person: Tim F An�roved as to form: Customer: Signature: Name: Title: Date: � � Attest: �tw telecom� :ity of Clearvvater, Florida , ��. �---Lc...Q.�� William B. Horne, II _ /.� Si nature: ' � Si nature: ,��-�-�x-��`i� �� Leslie Dou all-Sides Rosemarie Call Assistant Ci Attorne Ci Clerk Customer and the individuat signing above represent that such individual has the authority to bind Agreement. Version 1.1 Rev. 5-12-11 tw telecom — Confidential �� '; �� tyf Page 2 of 2 Contract No. 140267 Customer Information and Contract Specifications Customer Name: City of Ciearwater, Florida Contract Status: • Standard Terms and Conditions on File as of 09/19/2008 Service Order ,,,�tw telecom,� This Service Order is entered into by tw telecom holdings inc. on behalf of itself and its wholly owned operating subsidiaries (collectively "TWTC") and City of Clearwater, Florida ("Customer"). It is effective upon execution by both Parties. ervice Address Description Order Term Qty Unit MRC Unit NRC Total MRC Total NRC Type (Months) 100 S Myrtle AVE, oice T1 Flat ISDN Renewal 12 6 $385.00 $0.00 $2,310.00 $0.00 learwater, FL 33756- 520 - Includes 30000 LD Minutes - Flexcalf (total). Individual Telephone Numbers 1000 N/A N/A $150.00 $0.00 - First 100 ITNs: Priced as 100 @ 0.15 mrc / $0.35 nrc - ITNs over 100: Priced as 900 @ $0.15 mrc / $0.35 nrc Domestic LD - Interstate 8xx $0.020 - Interstate 1+ $0.020 - Intrastate 8xx $0.040 - Intrastate 1+ $0.030 ubtotal 52,460.00 $0.00 otals 32,460.00 50.00 Additional charges may be assessed if Customer causes a delay in installation or if wiring is required between the service address and the network demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditions executed by Customer, as referenced above. Voice Services Federal Subscriber Line Charges ("FSLC") will be assessed for VersiPak voice when not part of a VersiPak Bundle (ISDN PRIs, Digital and Analog Trunks, and Business Line) as well as for Complete Lines and Business Line/Analog Trunk Services. FSLC rates are posted to the TWTC web site at www.twtelecom.com which may be modified from time to time. Customer may not use the Services to provide voice content related services including, without limitation, chat lines. If Customer breaches this provision, TWTC may immediately terminate or suspend the Services and collect applicable early termination charges. Customer shall notify TWTC immediately if it breaches this provision. Customer shall indemnify, defend and hold TWTC harmless from all claims, demands, costs, damages, losses, liabilities and expenses of any nature arising from Customer's breach of this provision, including any costs and attorneys' fees incurred by TWTC. Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 1 of 3 Contract No. 140267 �tw telecom,� Customer shall 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 uses the voice Services to support prepaid calling card calls, such use is subject to the requirements outlined in FCC Order 06-79 (June 30, 2006). Customer shall remit all intrastate or interstate access charges directly to the appropriate carrier. TWTC may disconnect Services if Customer violates this provision and fails to cure the violation within ten days following written notice from TWTC. Customer must indemnify, defend and hold TWfC harmless from all claims, demands, damages and expenses arising from or related to Customer's breach of this provision, including all costs and attorneys' fees incurred by TWTC. TWTC does not support resale of switched services to end users including, but not limited to, support for E911 addressing, local number portability, calling name delivery, end user billing, and directory listings unless special arrangements are agreed to in writing by TWTC. Voice Services provided herein are not designed for but may be compatible with remote metering, supervisory control and alarm signaling. To the extent Customer uses the voice Services to facilitate remote metering, supervisory control and alarm signaling purposes, Customer is solely responsible for ensuring compatibility. Voice Services - Access to Emerqency Services Voice Services are configured to transmit only the Customer's Billing Telephone Number ("BTN") and the physical service address for the BTN to emergency response organizations (911/E911 or Public Safety Answering Point "PSAP"). Calls to 911 that originate on Intercity Switched Service ("ISS") and Local Reach Service will be completely blocked. Calls to 911 that originate on Expanded Exchange Service ("EES"), or from locations other than the Customer's physical service address associated with the BTN, will not be directed to a PSAP capable of responding to the emergency condition. TWTC cannot identify, control or track the location of individual end-user stations, or Customer's method of connecting end-user stations. TWTC is not responsible for providing end user location information to the E911 system. If Customer uses any form of private switch/automatic location identification ("PS/ALI") capability to identify individual stations from which E911 calls originate, Customer must first arrange in writing with TWTC to obtain a special E911 feature or emergency authorities will be unable to identify individual station locations. TWTC has no liability or responsibility whatsoever for inaccuracies in the 911 database associated with Customer-provided information, and TWTC is not responsible for Customer's inability to access emergency services, except to the extent caused by TWTC's gross negligence or willful misconduct. ITN's Special Provisions Each ITN requested by Customer hereunder, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Toll Free Numbers (8xx) Special Provisions Each Toll Free Number requested by Customer, either at the time of this Service Order or thereafter, will be charged at the applicable TWTC current tariff rate or posted price lists. Lonq Distance By subscribing to Long Distance Services(s) including use of minutes incorporated into bundled or integrated packages, Customer acknowledges that it has selected TWTC as its IntraLATA and InterLATA Long Distance Toll Provider. Minimum initial per call charge is $.01 (one cent), which will be applied to all long distance calls. If 40% or more of Customer's long distance traffic results in TWTC incurring inter-carrier compensation costs that are at least 20% higher than Customer's contracted long distance rate, the Parties agrees to enter into good faith negotiations to increase the rate for long distance Services. If the Parties are not able to reach agreement regarding a new long distance rate, TWTC may discontinue providing the long distance Services following ten days written notice without further obligation. For information regarding international toll blocking and international/offshore pricing for TWTC long distance Services (including Alaska, Hawaii, Puerto Rico, US Virgin Islands and Guam), please refer to TWTC Interstate and International Terms and Conditions/Price List documents available at www.twtelecom.com. Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 2 of 3 Contract No. I40267 Signature B1ock tw telecom holdinas inc. Si9nature: /(�oj(�,� Name: Rich Santoro Title: VP / GM Date: � �� Q� � Sales Person: Tim FitzpatricN Approved as to form: Customer: Signature: Name: Title: Date: ( / Attest: �tw telecom.� �ity of Clearwater, Florida � .G�%�N•L � � William B. Horne, II City Manager ✓.r � .� E� fti` , .:1� / .Z ' Si nature: �. Si nature:��C��C.� � Leslie Dou all-Sides Rosemarie Call Assistant Ci Attorne Cit Clerk Customer and the individual signing above represent that such individual has the authority to bind Agreement. � Ty�e r...�.�-�.��,. �"��,: � �, , 1�.r� . '4''.%� Version 1.1 Rev. 5-12-11 tw telecom — Confidential Page 3 of 3