ETHERNET VIRTUAL PRIVATE LINE - DEDICATED INTERNET ACCESSFRONTIER
Ethernet Virtual Private Line (EVPL)
Dedicated Internet Access (DIA)
Frontier Business
Frontier Confidential
This is Schedule Number S-5550068323 to the Frontier Services Agreement dated 02/18/2022 ("FSA") by and between City of Clearwater ("Customer")
and Frontier Communications of America, Inc. on behalf of itself and its affiliates ("Frontier"). Customer orders and Frontier agrees to provide the
Services and Equipment identified in the Schedule below.
Schedule Type/Purpose: DIA Schedule_02012021
Schedule Date: 09/19/2022
Service Term: 36 Months
Service Location: 612 Cleveland Street, Clearwater, FL 33755
DIA (Dedicated Internet Access)
Silver 1 Gbps
IP
/29 = 5 IPs
Service Location: 100 North Osceola Avenue, Clearwater, FE 33755
DIA (Dedicated Internet Access)
Silver 1 Gbps
IP
/29 = 5 IPs
Total:
1. Service Description:
$815.00
$0.00
$815.00
$0.00
$1,630.00
$0.00
$0.00
$0.00
$0.00
$0.00
a. Dedicated Internet Access ("DIA") DIA is a dedicated bandwidth from Customer Service Location to the Frontier IP network then to the public
Internet which provides reliable, secure and scalable bandwidth. Physical termination shall conform to applicable rules and regulations with respect to
Minimum point of entry (MPOE) and demarcation point. If Customer requests extensions beyond the MPOE, such extension (s) shall be subject to
Frontier's cabling service policies and Frontier's charges related thereto per separate Frontier Cabling Service and Fee Schedule.
2. Pre -installation cancellation fees. FOC Notice and Special Construction.
a. Pre -installation cancellation fees. Notwithstanding any provision of the FSA: (1) If Customer cancels any Service or Equipment prior to delivery of any
Equipment or installation of the Service or Equipment, Customer shall pay a processing fee of $750 (the "Processing Fee") and (2) Frontier will provide
Customer with notice (the "FOC Notice") of the project completion ljate (the "FOC Date") as soon as possible in Tight of the requested services and customer's
location. If Customer cancels more than ten (10) business days after the issuance of the FOC Notice, Customer shall pay the Processing Fee and the total
costs and expenditures of Frontier in connection with establishing the Service and / or providing the Equipment prior to Frontier's receipt of notice of
cancellation including but not limited to any construction and engineering costs and Equipment restocking fees.
b. Special Construction: All Services are subject to availability and Frontier Network limitations. The rates identified in this Schedule are estimated based
on standard installation costs and Services may not be available at all service locations at the rates identified. If Frontier determines, in its reasonable
discretion, that the costs of provisioning Service to any service location are materially higher than normal, Frontier will notify Customer of the additional costs
associated with provision of the Services and request Customer's acceptance of such costs as a condition to proceeding ("Special Construction"). Upon
notification that Special Construction is required, Customer will have ten (10) business days to notify Frontier of its acceptance. If the Customer does not
agree to the Special Construction within ten (10) business days, the Customer shall be deemed to have cancelled the Service Schedule without further
liability. If the Customer agrees to the Special Construction, Frontier and Customer will execute a replacement Schedule. Notwithstanding the foregoing,
Customer shall not be required to pay construction, engineering and Processing Fees if the cancellation is within ten (10) business days of receipt of
Frontier's notification of additional special construction and engineering costs pursuant to this Service Schedule.
3. Obligations of Customer. Customer is responsible to ensure appropriate processes and protocols are in place for rate shaping to the amount of
throughput ordered. Customer acknowledges that failure to comply with this responsibility may negatively impact Service performance.
Ver. 04252022 EVPL EIA TPA Vlocity v. 11 Page 1
0 _ ,.
FRONTIER
Ethernet Virtual Private Line (EVPL)
Dedicated Internet Access (DIA)
Frontier Business
Frontier Confidential
4. After Hours/Holiday Labor Hours. If Customer desires coordinated tum up services ("After Hours') during non -business hours, defined below, then the
After Hours services shall be provided at the rate of $175.00 per hour. Non -business hours include: (1) weeknights between the hours of 5:00 p.m. and
7:59 a.m. local time; (2) weekends, including Saturday and/or Sunday and (3) the Frontier designated holidays (New Year's Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day).
Such After Hours services may be subject to change, based upon Frontier's reasonable determination of increases in actual costs to provide such After
Hours services, determined in accordance with generally accepted commercial accounting practices, and consistent with After Hours service charges for
projects comparable to the project outlined in this Schedule.
5. Internet Acceptable Use Policy and Security. Customer shall comply, and shall cause all Service users to comply, with Frontier's 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 requirement provisions of the FSA. 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's accounts or Internet access by Frontier. Customer will defend and indemnify Frontier and
its affiliates with respect to claims arising from Customer's or third parties' usage of Frontier Internet access through Customer's hardware or software.
6. Service Level Agreement.
The Ethernet Service Level Agreement for the described Ethernet Services is attached hereto and incorporated herein as Exhibit 1.
This Schedule is not effective and pricing, dates and terms are subject to change until signed by both parties. This Schedule and any of the provisions
hereof may not be modified in any manner except by mutual written agreement. The above rates do not include any taxes, fees, regulatory fees/surcharges
or surcharges applicable to the Service. This Schedule, and all terms and conditions of the FSA, is the entire agreement between the parties with respect
to the Services described herein, and supersedes any and all prior or contemporaneous agreements, representations, statements, negotiations, and
undertakings written or oral with respect to the subject matter hereof.
Frontier Communications of America, Inc. City of Clearwater
Signature:
Awe Gawk
Scott (Christopher) Crouch (Sep 21, 2022 11:13 EDT)
Printed Name: Scott Crouch
Title: Enterprise Sales Director
Date:
09/21/2022
Countersigned:
Frank Hibbard
Mayor
Apps ved as to f
4cw,mC-'(
Owen Kohler
Assistant City Attorney
Ver. 04252022 EVPL EIA TPA Vlocity v. 11
By:
Attest:
Signature:
Printed
Name:
Title:
Date:
CITY OF CLEARWATER, FLORIDA
..u" iiu,...kr3
Jon Jennings
City Manager
Rosemarie Call
City Clerk
Page 2
FRONTIER
Ethernet Virtual Private Line (EVPL)
Dedicated Internet Access (DIA)
Frontier Business
Frontier Confidential
EXHIBIT 1
EVPL AND DIA SERVICE LEVEL AGREEMENT
This Ethernet Service Level Agreement ("SLA") applies to Ethernet Services ordered pursuant to an EVPL Ethernet Virtual Private Line (EVPL)
Dedicated Internet Access (DIA) executed by and between City of Clearwater ("Customer") and Frontier Communications of America, Inc. ("Frontier").
The terms of this SLA apply exclusively to the Ethernet network elements directly within Frontier's management responsibility and control ("EVPUDIA
Service," or where specifically designated "EVPL Service").
1. Operational Objectives
a. On Time Provisioning: The objective for On -Time Provisioning for On -Net Services, where available, (specifically, qualified Tampa operating
area) is determined from (a) the date the order is submitted and approved into the Frontier ordering system (by Frontier) to (b) successful
testing by Frontier, within 30 calendar days. Customer must contact Frontier's dedicated phone number (1-800-921-8002) within 30 days
of objective target date. If Frontier's failure to meet the On Time Provisioning objective is validated, Customer will receive a one month
MRC credit (taxes, fees and surcharges are excluded). The Customer credit will appear within two (2) billing cycles from the time of credit
validation. The On -Time Provisioning objective excludes bandwidths of 1G to 100G On -Net Service or Customer requested non-standard
bandwidth speeds. The On -Time Provisioning credit is also subject to Sections 3 and 4 below, as applicable. Customer is required to
provide (i) suitable building facilities (including but not limited to space, circuitry, power, backup power, and surge protectors) for the
installation, operation, and maintenance of Frontier's Network in accordance with manufacturer's documentation and Frontier's installation
standards, and (ii) a well -lighted and safe working area that complies with all local safety standards and regulations.
b. Circuit Availability: Circuit Availability is the ability to
exchange data packets with the nearest Frontier Internet
Point of Presence ("POP") or DIA Customer egress port (Z
location) via the ingress port (A location). "Service Outage"
occurs when packet transport is unavailable or when the
output signal is outside the limits of this service guarantee.
Availability is measured by the number of minutes during a
calendar month that the On -Net Service is operational,
divided by the total minutes in that calendar month.
Calculation is based on the stop -clock method beginning at
the date and time of the Customer -initiated trouble ticket and
ends when Frontier restores SLA -compliant circ(rit operation.
Frontier's On -Net Service Availability commitment and applicable Service credit are outlined in Table 1A, subject to Sections 3 and 4 below.
Circuit Availability (CA)
MRC Service
Credit
Availability
99.99%
Below 99.99%
Service
Credit
30%
MRC
c. Mean Time to Repair (MTTR): MTTR is a monthly calculation of the
average duration of time between Trouble Ticket initiation (in accordance
with Section 2B) and Frontier's reinstatement of the DIA Service to meet
the Availability performance objective. The MTTR objectives, and credits
applicable to a failure to meet such objectives, are outlined in Table 1B,
subject to Sections 3 and 4 below.
2. Service Outage Reporting Procedure.
Mean Time To Re • air
MRC Service Credit
MTTR
4 Hours
25 % MRC above 4 hrs
50% MRC above 6 hrs.
a. Frontier will maintain a point -of -contact for Customer to report a Service Outage, twenty-four (24) hours a day, seven (7) days a week.
b. When EVPUDIA Service is impacted from a Service Outage, Customer must contact Frontier's commercial customer support center (also
known as the "NOC") at 1-(888) 637-9620 to identify the Service Outage and initiate an investigation of the cause (Trouble Ticket").
Responsibility for Trouble Ticket initiation rests solely with Customer. Once the Trouble Ticket has been opened, the appropriate Frontier
departments will initiate diagnostic testing and isolation activities to determine the source. In the event of a Service Outage, Frontier and
Customer will cooperate to restore the Service. If the cause of a Service Outage is a failure of Frontier's equipment or facilities, Frontier
will be responsible for the repair. If the degradation is caused by a factor outside the control of Frontier, Frontier will cooperate with Customer
to conduct testing and repair activities at Customer's cost and at Frontier's, then current, standard technician rates.
c. A Service Outage begins when a Trouble Ticket is initiated and ends when the affected EVPUDIA Service is Available; provided that if the
Customer reports a problem with a Service but declines to allow Frontier access for testing and repair, the Service will be considered to be
impaired, but will not be deemed a Service Outage subject to these terms.
d. If Frontier dispatches a field technician to perform diagnostic troubleshooting and the failure was caused by the acts or omissions of
Customer or its employees, affiliates, contractors, agents, representatives or invitees; then Customer will pay Frontier for all related time
and material costs at Frontier's standard rates.
Ver. 04252022 EVPL EIA TPA Viocity v. 11 Page 3
FRONTIER
Ethernet Virtual Private Line (EVPL)
Dedicated Internet Access (DIA)
Frontier Business
Frontier Confidential
3. Credit Request and Eligibility.
a. In the event of a Service Outage, Customer may be entitled to a credit against the applicable On -Net Service MRC if (i) Customer initiated a
Trouble Ticket; (ii) the Service Outage was caused by a failure of Frontiers equipment, facilities or personnel; (iii) the Service Outage warrants a
credit based on the terms of Section 1; and (iv) Customer requests the credit within thirty (30) days of last day of the calendar month in which the
Service Outage occurred.
b. Credits do not apply to Service Outages caused, in whole or in part, by one or more of the following: (i) the acts or omissions of Customer or its
employees, affiliates, contractors, agents, representatives or invitees; (ii) failure of power, (iii) the failure or malfunction of non -Frontier equipment
or systems; (iv) circumstances or causes beyond the control of Frontier or its representatives; (v) a Planned Service Interruption; (vi) Emergency
Maintenance or (vii) interruptions resulting form Force Majeure events as defined in Customer's FSA. In addition, Customer will not be issued
credits for a Service Outage during any period in which Frontier is not provided with access to the Service location or any Frontier network
element, or while Customer is testing and/or verifying that the problem has been resolved. "Planned Service Interruption" means any Service
Outage caused by scheduled maintenance, planned enhancements or upgrades to the Frontier network; provided that Frontier will endeavor to
provide at least five (5) business days' notice prior to any such activity if it will impact the Services provided to Customer. "Emergency
Maintenance" means maintenance which, if not performed promptly, could result in a serious degradation or loss of service over the Frontier
network.
c. Except for the On -Time Provisioning credit (if applicable), all credit allowances will be limited to maximum of 50% of the MRC for the
impacted EVPUDIA Service, per month. For cascading failures, only the primary or causal failure is used in determining Service Outage
and associated consequences. Only one service level component metric can be used for determining credits for a Service Outage. In the
event of the failure of the Service to meet multiple metrics in a one-month period, the highest Service credit will apply, not the sum of
multiple Service credits. For example, If Customer's Service Outage triggers both operational objectives (i.e. Circuit Availability and Mean
Time to Repair), Customer will receive the highest available Service Credit, but not both.
d. This SLA guarantees service performance of Fro'ntier's Ethernet data services only. This SLA does not cover TDM services [DS1, NxDS1,
or DS3 services] or other voice or data services provided by Frontier. This SLA does not apply to services provided over third party non -
partner facilities, through a carrier hotel, or over Frontier facilities which terminate through a meet point circuit with a third party non -partner
carrier.
e. The final determination of whether Frontier has or has not met SLA metrics will be based on Frontier's methodology for assessment of
compliant performance. Service Outage credits are calculated based on the duration of the Service Outage, regardless of whether such
Service Outage is the result of failure of the Service to meet one or more performance metric.
f. Credit allowances, if any, will be deducted from the charges payable by Customer hereunder and will be expressly indicated on a
subsequent bill to Customer. Credits provided pursuant to this SLA shall be Customer's sole remedy with regard to Service Outages.
4. Chronic Outage: An individual EVPUDIA Service qualifies for "Chronic Outage" status if such service fails to meet the Availability objectives,
and one or more of the following: (a) a single Trouble Ticket extends for longer than 24 hours, (b) more than 3 Trouble Tickets extend for more
than 8 hours, during a rolling 6 month period, or (c) 15 separate Trouble Tickets of any duration within a calendar month. If an EVPUDIA Service
reaches Chronic Outage status, then Customer may terminate the affected EVPUDIA Service without penalty; provided that Customer must
exercise such right within ten (10) days of the EVPUDIA Service reaching Chronic Outage status and provide a minimum of 15 days prior written
notice to Frontier of the intent to exercise such termination right.
Ver. 04252022 EVPL EIA TPA Vlocity v. 11 Page 4
City of Clearwater WiFi Schedules- Frontier
Signatures needed
Final Audit Report
2022-09-21
Created: 2022-09-21
By: Benjamin Cranston (benjamin.cranston@ftr.com)
Status: Signed
Transaction ID: CBJCHBCAABAAXPOZ7he_GTW7FAd6_UkjRzKRAj2v1C_n
"City of Clearwater WiFi Schedules- Frontier Signatures needed"
History
,t Document created by Benjamin Cranston (benjamin.cranston@ftr.com)
2022-09-21 - 2:49:11 PM GMT- IP address: 47.201.86.54
C'.. Document emailed to Scott (Christopher) Crouch (scott.crouch@ftr.com) for signature
2022-09-21 - 2:50:05 PM GMT
.5 Email viewed by Scott (Christopher) Crouch (scott.crouch@ftr.com)
2022-09-21 - 3:13:06 PM GMT- IP address: 96.58.155.47
6® Document e -signed by Scott (Christopher) Crouch (scott.crouch@ftr.com)
Signature Date: 2022-09-21 - 3:13:36 PM GMT - Time Source: server- IP address: 96.58.155.47
Agreement completed.
2022-09-21 - 3:13:36 PM GMT
FRONTIER 0
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