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AGREEMENT FOR INTERNET ACCESS - VOICE SERVICESDocumeM No. zs�� �tw telecomm Customer Information and Contract Saecifications Customer Name: City of Clearwater, Florida Contract Statua: • Standard Temu and Conditions on Fite as of 09/99l2008 Service Order This Service Order is entered into by tw tslecom holdtngs inc. on behalf of itself and its wholty owned operating subsidiaries (collectively "7UVTC") and Ctty of Clearwater, Florida ("Custome�. It is effective upon execution by boih Pa�ties. rvice Addross cription OMet Term 4ty Unit MRC Unk NRC Total MRC 7ota1 NRr Type (Months) _ 00 S Mlyrtle AVE, ntemet Acxess -100 Mbps Renewal 92 1 51,335.00 ;O.DO 31,335.00 $0.(10 learvuater, FL 33758- 520 - SeMce Levei � 24x7x4 - P�Imary DNS (up to 10) - Secondary DNS (up to 50) ntemet Transport - Ethemei 1 $326.00 50.00 $325.00 $0.(10 OOMbps ubtota� s1,66D.00 S0.t10 omb 51,660.00 S0.t10 Additional ch�rges may be assessed if Customer causes a delay ln installation or if wiring is required between the se�vics address and tha network demarcation point. Contrac# Provisions The Services ordered herein are govemed by ihis Sen►ice Order and the tw telecom Standard 7erms �nci Conditioris executed by Customer, as referenced above. lntemet Usage: Customer shal! not transmit or store materiai in violation of any Fede�ral or state laws or regulations, inciuding, bi,it nat limi#ed to, obscenity, indecency, deFdmation or infringement of trademark or copyright. Customer agrees to adhere ta� TWTC's IP p0liCies at http�l/www iwteleCOm comisupport-informationJcustomer-resources/product-resourcesJip- addressingpolicyl and http�llwww twtelecom com/support-informaiion/customer-resources/product-resourceslpeerinq-policY/ and TWTC's Acceptable Use Policy ("AUP'� at http�/lwww twteiecom.comisupaort-information/leq�;�l- information/acceptable-use-policVf, which may be madified from time to time. EqUlplll@tl� R@COV@I'Y Upon termination of a Service for any reason, TWTC or its representative will contact Customer to schedule a mutually acceptabfe #ime and date for 7WTC's retrievaf of'iWTC Equipment located on Customer's premises. Alternatively, TWI'C may request that Customer package TWTG's Equipment and retum it, at TWTC's cost, to a locatian identtfted by TWT�C. If Customer does not provide TWTC with access to its premises to allow TWTC to recover the TWTC Equipment withiin thirty {30) days fotlowing 7WTC's contact, or if Customer does not ship the TWTC Equipment back to TWl'C within tl•ie tt�irty (30) days, then TWTC may charge Customer for the replacement cost of the TWiC Equipment. Servtce Ordar tw telecoro—Con�denGal Page 1 a!f 2 Document No. 286096 �tw telecom.. Signature Block tw teloco� Signature: Title: Da#e: Sales as inc. Signature: of Rlame: William 8. Horne, II Title: City Manager 2�/� Date: �),r ;,;, �. �.. , 0 CC2�- Fiorida ,,..�.. . �� s� ' ' `� �, . � . , ,,' ' ,� : . � � : r► : ���� . r ���, ` �` . Customer and the individual signing above represent that such individuat has the authority to bind Customer Agreement. Servfce Order tw takcom — Confidential Page 2 ot S! Docwment No. 286094 �`vv te�eCOm'" Customer Information and Con#ract Saecifications Custamer Name: City of Clearvvater, Florida Contract S#atus: • Standard Terms and Conditions on File as of 09I19/2008 Service Order This Sen►ice Order is entered into by 1w telecom hoidings inc. on behalf of kseif and its whoily owned operatin�g subsidfaries {collectively "TWTC") and City of Ctearwater, Florida ("Customer"). It is effective upon execudon by boi:h Partles. rvice Addross scriptlon Order Tsmn Qty Unit MRC Unit NRC Total MRC Tobl NR�C Typs (Months) 00 S Nlyrtle AVE, oice T1 Flat ISDN Renewal 12 8 5385.00 Z0.00 $2,310.00 E0.(10 leanvater, Ft 33758- 520 - tncludes 39000 LD Minutes - excall (tatai). ndlvidual Tefephone Numbers 1000 lVfA WA $150.00 $O.LID - First 100 I7Ns: Prtced as 1tl0 l� 0.15 mrc /$0.35 nrc - ITNs over 100: Pticed as 900 � 0.15 mrc /$0.35 nrc Domestic LD - Interstate 8xx $0.020 - Mterstate 1+ $0.020 - Intrastate 8xx $0.04Q - Intrastate 1+ 50.030 � ubtotal ;2,460.00 SO.OM� ctsts SZ,46fl.00 S9.O�iD Additional charges may be assessed if Customer causes a delay in instailation or if wiring is required between the servic.e address and the neiwork demarcation point. Contract Provisions The Services ordered herein are governed by this Service Order and the tw telecom Standard Terms and Conditioris executed by Customer, as referenced above. Voice Services Voice Services ordered herein are aiso governed by the Important E911 Disclosure and Acknowledgement th�;it accompanies this Service Order Form or was previousty executed by the Customer. A copy of tw tefecam's E919 Disclosure and Acknowledgement is located at:http:/lwww.twtelecom.com/e911-disclosure-and-acknowledgemend. Voice Services Fedecal Subscriber Line Charges ("FSLC') wili be assessed for VersiPak voice when not part ot a VersiPak Bundfe (ISDIN PRIs, Digital and Analog Trunks, and Business Line) as well as for Complete Lines and Business Line/Analog Trun�'k Services. FSLC rates are posted to the 7WTC web site at www.twtelecom.com which may be modifled from tfine to time. Service Order tw telecom — Confidenlial Page 1 of 3 Docume�t No. 286094 �tw telecomm Customer may not use the Services to provide voice content related services including, without Ifmltation, 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 indemnifi�r, defend and hold TWTC harmiess from aN ctaims, demands, costs, damag�s, tosses, liabilities and expenses of any nature aristng front Customer's breach of this provision, induding any costs and attorneys' fees incurred by TWTC. Customer ahall not use the voice Services as a substitute tor carrier interconnection or swiiched access s�rvices aro�d must immediately notity iWTC if it does so. If Customer uses the voice Services to suppor# prepaid calling card calbs, such use is subject to the requirements outlined in FCC Order 06-79 (June 3�, 2006). Custdmer shall remit all intrastai�e or interstate access charges directly to the appropriate carrier. TWTC may disconnect Services it Customer violates this provision and faiis to cure the violation within ten days foltowing written notice from TWTC. Customer must indemnifiyr, defend and hold TWTC harmless from all claims, demands, damages and expenses arising from or related to Customer's breach af this provision, including aEl costs and attorneys' fees ineurred by TWTC. TWTC does not support resale cif switched services to end users including, but not {imited to, support for E811 addressing, Iocal number portability, callinrg name delivery, end uset billing, and directory lis8ngs unless special arrangements are agreed to in writing by TWTC. Voice Services p�ovided herein are not designed for but may be compatibie with remote metering, supervisory control an��d alarm signaling. To the extent Custome� uses the voice Services to facititate remote metertng, supervisory control an��d alarm signaling purposes, Customer is solely responsibte for ensuring compatibility. 'ffV's Special Provisions �Each ITN or�VTN requested by Customer hereunder, either at tt�e time of this Service Order or thereaiter, will be chargE��d at the appticable TWfC curcent tariff rate or posted price lists. Toll F�ee Numbers �8xx� Special Provisions Each Toll Free Number requested by Customer, either at #he time of this Service Order or thereafter, wilt be charged �at the applicabte TWTC current tariK rate or posted price fists. Domestic and International Long Distance Servicss Sy contracting for 7WTCs long distance services, including #or minutes that are packaged with bundled or integrate�d services, Customer acknowlsdges that it has selected TWTC as its intraLATA and Inte��.ATA long distance totl provider. Customer will not incur any usage charges for calls originating from any voice sen►ice in which TWTC is the selected lon!g distance provider and terminating to a telephone number associated with a TWTC tacal voice service. The minimunn initia! per call charge for al) other long distance cafls is $.01 (one cent). If 40°� or more oi Customer's long distance traffic resulks in TW1'C incuMng inter-carrier compensation costs that are s3�t teast 20�o higher than Customer's contracted long dist�nce rate, the Partiss agree to enter into good faith negotiations 1:�� increase the rate for tong distance servlces. lf the Parties are not able t� reach agreement regarding a new long distanc�� rate, TWTC may discontinue providing the long distance services follawing ten days written notice. Domestic package minutes are applicab�e to both 1+ and 8xx ioll free long distance caAs. Unused package minutes do not carry over to subsequent months. Lxcept as othecwise specified in this Service Order, international tong disEance calls are charged at the rates specifled in 'fWrC's international price list found at www.twtelscom_com/tariffed-internaiional-rates. Informatlon regarding intemational to11 blocking and intemational/offshore pricing for 7WTC's intematlonal long distance Services is also available at this website. Service Order tw telecom — Confidential Page 2 of 3 Dotument No. 28604A �tw telecom� Signature Biock Customer and the individua! sign[ng above represent that such individual has the authority to bind Customer to this Agreement. Servlce Order tw telecom — Confidential Page 3 o�f 3 Document No. 286094 �tw telecom� lmoortant E991 Disciosure and Acknowtedaement TWTC provides access to the Enhanced 911 ("E911°) system thai sends a caller's telephone number and tocatlon to an emergency dispatcher (catled a Public Safety Answering Point "PSAP"). In order to work successfully, the system relies on the correct input of numbers and addresses into centralized databases. With the introduction of Intemet Protocol or "IP" based voice services, including the use of virtual telephone numbers, it i;:, critical that TWfC`s cuslamars ("Custome�'� understand and acknowledge the items below. Take note that E911 access may not be available, or may be lirnited, as follows: 2. UVEC will advise emergency resp�nders only of the main physical address where TWTC has voice service. TIlVEC cannot identify, control or track the tocation of individual en@-user staCwns beyond the demarcation point between TWTC's iVeiwork and the Customer's equipment TWfC also cannot see the Customer's method of connecting end-user stations beyond the demarcation point. As a result, emergency authorities witl be unable to� identifyr or locate individual end-user stations unless the Customer takes the following steps. lf the Customer wants emergency responders to know the location of individual and users, then: {a) for traditionai voice services and DSIP, the Customer must purchase commercialiy available Private Switch/Automatic Location Identiflcatlon ("PSlALI") software and Customer must also anange in writing with TWTC to obtain a special E911 feature; and (b).for Converged Voice or SIP Trunking senrices, the Customer must first arrange in writing with TWTC to obtaiin a speciai E911 feature and for 7WTC to update the 911 database . i`WiCs Services are configured to transmit to PSAPs the main physica{ address only for telephone numDers tnat T1Ni'C has assigned to the Service. Unless oiherwise agreed in writing, the physical tocation of callers from otheir tetephone numbers witl not be sent to emergency responders. 3. Do o c�ll 911 irom Eorgigr�Excha�ge Services. TWTCs Network does not support dialing 941 from foreigri exchar�ge services (including BES, ��S, IS5, Virtual Reach, Local Reach or VTN) and E911 wiil not properly operate from these services. Should the customer attempt to use these services to reach 911, even calls that may complete wilt not be directed to a PSAP in a location capable of responding to the emergency. 4. Movinn oc Disabiln_o_ EauiQment Mav Block E911 Calls. If you move the equipment used to provide seNice (IAD or other device) to a tocation ott�er than the service address you identified when service was first installed without teHing us, or if you disable or damage the equipment, E911 cails may not be directed to a PSAP capable of responding to the emergency condition. 5. Power Outa,g,e Mav Prevent �911 CaAs. !f a power failure occurs that lasts tonger than the life of the backup ba4tery in or attached to the equipment on your premises used to provide service, E911 access wili not work and you will not be abte to reach eme�gency responders. ' YOU $HQULD OBTAIN A BACKUP MEANS �F CONTACTING E811 SERVICES AND tNFORM YOUR U3ER5 HOW TO DO SO. TWT'C has no liability or responsibitity whatsoever for inaccuracies in the E911 database associated with Customer provided information, and TWTC is not responsible for Custome�'s inabiiity to access emergency services, except to the extent caused by TWTC's gross negligence or wiltful misconduct. Customer hereby wai�es and releases TWTC for any and all claims that it has or may have against TWTC now or at any time in the future for damages or compensation of am,� kind that arise from, or fn any manner relate to, vaice services not having the functionality to provide access to E911 services. Customer further agrees to indemnify and hold TWTC harmless for any claims that are asserted against TWT<:: that arise from or in any manner relate to voice services not having functionality io provide access to E911 services. E911 Acknowledgement lw telecom — Confldent(al Page 1 012 Document No. Zsso� �tw telecomm ACKNOWLEDGEMENT: By signing this Disclosure and Acknowledgement, Customer a�rmatively acknowieclges that it understands and will inform users that they may not be able to contact emergency senrices by dialing 911 in the circumstances described above. Signature Block Customer and the individual signing above represent that such individual has the authority to sign this acknowiedgement on behalf of Customer. E911 Acknowledgement tw tetecom — Conndential Page 2 of 2