FRONTIER SERVICES AGREEMENT (2) DocuSign Envelope ID: 1 DBFAFBE-417C-4C68-96D8-95B60E5E076D
Dedicated Internet Access(DIA) Schedule
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FRONTIER
This is Schedule Number S-0000365362 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.
100 S MYRTLE AVE STE 220
Primary Service Location: CLEARWATER,Florida Schedule Date: 12/07/2023
Schedule Type/Purpose: Order for New Service Service Term: 36
Services Provided
Service Charges
Service Address Descriptio Quantity NRC MRC
in
100 S. Myrtle Ave.Clearwater,FI. Dedicated
33756 Internet 1 $0.00 $1,630.00
Access
DIA 10G
1700 N.Belcher Rd.Clearwater,FI. Dedicated
33756 Internet 1 $0.00 $4,884.00
Access
DIA 10G
2851 McMullen Booth Rd. Dedicated
Clearwater,FI.33761 Internet 1 $0.00 $4,884.00
Access
DIA 10G
1700 N.Belcher Rd. Clearwater,FI. Static/27
33756 block of 29 1 $40.00 $20.00
IP-MRC
2851 McMullen Booth Rd. Static/27
Clearwater,FI.33761 block of 29 1 $40.00 $20.00
IP-MRC
100 S. Myrtle Ave.Clearwater,FI. Static/27
33756 block of 29 1 $40.00 $20.00
IP-MRC
Subtotal: $120.00 $11,458.00
1. Service Description.
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 date(the"FOC Date")as soon as possible in light 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
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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.
4. After Hours/Holiday Labor Hours. If Customer desires coordinated turn 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 Dedicated Internet Access Service Level Agreement for Dedicated Internet Access 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 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: Signature:
Printed co (Christopher) Crouch Printed
Scott t
Name: � P � CName:
Title: Sales Director Title:
Date: Dec 18,2023 Date:
CgoCu'S19rAned: CI EAIAyUWATER, FLORIDA
�V tiUit !�LJA4Sf
By:I YWAU�t' IOIV'V'lW
pi r s Opp Sr. Jen 6R5FrW8F54A0_.
Mayor City Manager
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DS
Approved as to form: Attest: „s
uSigned by:
DocuSigned by-
,DOC
www, C,,U
§ it�°�'ft rney Owen Kohler BBS�WFE4CF.-
FZ
City Clerk
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EXHIBIT 1
Service Level Agreement
This Dedicated Internet Access Service Level A Agreement("SLA") applies to an Dedicated Internet Access(DIA)Schedule,executed by
and between City of Clearwater ("Customer") and Frontier Communications of America, Inc. ("Frontier"). The terms of this SLA apply
exclusively to the Dedicated network elements directly within Frontier's management responsibility and control("On-Net Service").
1. Operational Objectives
A. Availability:Circuit Availability is the ability to exchange data packets with
the nearest Frontier Internet Point of Presence ("POP") or DIA Customer Table 1A:Dedicated Internet Access
egress port (Z location) via the ingress port Circuit Availability(CA) I MRC Service Credit
(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 Below 99.99%Service
that the On-Net Service is operational, divided by the total minutes in that Availability 99.99% Credit 30%MRC
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 circuit operation. Frontier's On-Net
Service Availability commitment and applicable Service credit are outlined
in Table 1A,subject to Sections 3 and 4 below.
B. Mean Time to Repair (MTTR): MTTR is a monthly calculation of the Table 1B: Dedicated Internet Access
average duration of time between Trouble Ticket initiation (in accordance Mean Time To Repair MRC Service Credit
with Section 2B) and Frontier's reinstatement of the DIA Service to meet MTTR 4 Hours 25% MRC above 4 hrs
the Availability performance objective. The MTTR objectives, and credits 50%MRC above 6 hrs.
applicable to a failure to meet such objectives, are outlined in Table 1B,
subject to Sections 3 and 4 below.
C. To the extent applicable,the Customer is entitled to one Service Credit per Service Outage(i.e.for either the higher of Ci rcuit
Availability credit or Mean Time to Repair credit, if applicable). If applicable,the On-Time Provisioning credit would be in addition to
the Service Outage credit.
2. Service Outage Reporting Procedure.
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 DIA 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 standard technician rates.
C. A Service Outage begins when a Trouble Ticket is initiated and ends when the affected DIA 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.
3. Credit Request and Eligibility.
A. In the event of a Service Outage, Customer may be entitled to a credit against the applicable DIA Service MRC if(i)Customer initiated a
Trouble Ticket;(ii)the Service Outage was caused by a failure of Frontier's equipment,facilities or personnel;(iii)the Service Outage warrants
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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. Notwithstanding anything to the contrary, all credit allowances will be limited to maximum of 50% of the MRC for the impacted DIA
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 Service credits. 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 Frontier's Dedicated Internet Access 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 DIA 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 DIA Service
reaches Chronic Outage status, then Customer may terminate the affected DIA Service without penalty; provided that Customer must
exercise such right within ten (10)days of the DIA 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.
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City of Clearwater- Frontier E,)ignature needed
rst
Final Audit Report 2023-12-18
Created: 2023-12-18
By: Benjamin Cranston(benjamin.cranston@ftr.com)
Status: Signed
Transaction ID: CBJCHBCAABAAfOWQTT59gNkKFNMPELEXEmYK2k3I09WK
"City of Clearwater- Frontier Signature needed first" History
"'
Document created by Benjamin Cranston (benjamin.cranston@ftr.com)
2023-12-18-7:36:50 PM GMT-IP address:35.145.186.146
Document emailed to Scott(Christopher) Crouch (scott.crouch@ftr.com) for signature
2023-12-18-7:37:31 PM GMT
<.... Email viewed by Scott(Christopher) Crouch (scott.crouch@ftr.com)
2023-12-18-7:58:30 PM GMT-IP address:73.31.238.187
Document e-signed by Scott(Christopher) Crouch (scott.crouch@ftr.com)
Signature Date:2023-12-18-7:59:01 PM GMT-Time Source:server-IP address:73.31.238.187
I Agreement completed.
2023-12-18-7:59:01 PM GMT
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