HomeMy WebLinkAboutFrontier contract�Tltl(',T FRONTIER SERVICES AGREEMENT
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Frontier Confidential
This Frontier Services Agreement ("FSA") is effective as of 09/18/2018 ("Effective Date'), by and between Frontier Communications of America, Inc. on
behalf of itself and its affiliates which provide Equipment and Services identified in the Schedules ("Frontier"), and CITY OF DIAMOND BAR, whoseprimary
address is 21810 Copley Dr, DIAMOND BAR, California, 91765 ("Customer').
This document incorporates the complete Frontier Services Agreement terms and conditions
at htto:Ilwww.Frontier.com/FSA as an integral part of the agreement (collectively, the "FSA").
Provision of Services and Equipment
Frontier will provide and the Customer agrees to pay for the
communications, installation and maintenance services (collectively
"Service"), and/or purchase or lease equipment ("Equipment'),
described in this FSA and Schedules issued by Frontier and executed by
Customer.
Customer acknowledges that certain Services may be governed by tariff
or price schedule filed with the Federal Communications Commission
and/or the state public utilities commission. In the event of any
inconsistencies between this FSA and an applicable tariff, the tariff shall
control except with respect to pricing, early termination charges or
cancellation charges for which this FSA shall control.
Term
The term of this FSA will commence as of the date identified in the
introductory paragraph above or the date the FSA is executed by both
Parties, whichever is later (the "Effective Date") and will continue through
the Service Term with respect to any Service or Equipment provided
pursuant to this FSA. Customer will purchase the Services, or lease
Equipment, identified in each Schedule for the period of time stated in the
Schedule (the "Service Term"). If neither party provides the other with
written notice of its intent to terminate a Service at least sixty (60) days
prior to expiration, the Service Term of each Service will automatically
renew for additional one-year periods, subject to the terms and conditions
of this FSA and at the then applicable one-year term rate, excluding
promotional rates. If the parties agree to negotiated renewal terms, such
terms will not be effective unless and until documented in writing and
executed by both parties.
Payment
Customer shall pay all charges set forth in the Schedules and in applicable
tariffs during the Service Term. Frontier will invoice Customer any non-
recurring charges ("NRC"),. monthly recurring charges ("MRC"), and usage
based charges.
In addition to the applicable charges set forth in the tariffs and Schedules,
Customer shall pay all applicable federal, state or local sales, use,
privilege, gross receipts, utility, value added, excise or other taxes
(excluding taxes based on Frontier's net income), or any charges in lieu
thereof, and any applicable surcharges or fees,. whether government
mandated or Frontier initiated in the amounts applicable at the time of
billing. Customer shall also be responsible for third party charges and
penalties incurred as a result of Customer's use of the Services or
Equipment.
Cancellation antl Early Termination Charges
If Customer cancels any Service or Equipment prior to delivery of any
Equipment or installation of the Service or Equipment, Customer shall pay
a cancellation charge equal to the NRC and one (1) month of MRC for the
Service, plus the total costs and expenditures of Frontier in connection
with establishing the Service pnor to Frontiers receipt of notice of
cancellation, including but not limited to any Equipment restocking fees.
Following installation, Customer may terminate a Service or Equipment by
providing at least thirty (30) days priorwritten notice to Frontier. All unpaid
amounts shall be due upon termination of any Service identified in a
Schedule for any reason. In addition, and unless otherwise specifically
provided in the applicable Schedule, if any Service or Equipment is
terminated by Customer for any reason other than breach by Frontier or
by Frontier due to Customer's breach, then Customer shall pay Frontier a
termination charge equal to the applicable MRC and all related taxes and
surcharges multiplied by the number of months remaining in the Service
Term. Partial months shall be prorated.
Customer agrees that Frontier's damages in the event of early termination
will be difficult or impossible to ascertain, and that the charges identified
in this FSA are intended to establish liquidated damages in the event of
termination and are not intended as a penalty.
Dispute Resolution
Except as otherwise specifically provided in or permitted by this FSA, all
disputes arising in connection with this FSA shall timt be resolved through
good faith negotiation, If, after negotiating in good faith for a period of
ninety (90) calendar days, or any agreed further period, the parties are
unable to resolve the dispute, then each parry may seek resolution by
exercising any rights or remedies available at law or in equity. Customer
and Frontier agree that each may only bring claims against the other in an
vidual capacity and not as a plaintiff or class member in any purported
class, representative, or private attorney general proceeding.
Authorization and Entire Agreement
Each parry represents that the person executing this FSA is authorized to
enter into this FSA on its behalf. This FSA, the terms and conditions,
including the Limitation of liability, warranty, indemnification, breach and
other terms and conditions, at hrix1/www.Frontier.com/FSA, and any
Schedules executed by the parties constitute the entire agreement
between the parties pertaining to the subject matter herein and
supersedes all prior oral and written proposals, correspondence and
memoranda mth respect thereto. This FSA may not be modified, amended
or supplemented except by written agreement signed by an authorized
representative of each party.
Frontier Communications of America, Inc. I CITY OF DIAMOND BAR
Frantier's Signature: -- Customer Signature:
Printed Name: Printed Name:
Title: Title: �I
Date:
Contractual- Frontier Communications Contractual Notice:
Notice: 111 Field Street
Rochester, NY 14620
CITY OF DIAMOND BAR
21810 Copley Dr
DIAMOND BAR, California, 91765
Ver. January 2015 Page 1 of 1
Frontier ETHERNET INTERNETACCESS (EIA) SCHEDULE
COMMUNICATIONS Frontier Confidential
This is Schedule Number S-0000193794 to the Frontier Services Agreement dated 09/18/2018 ("FSK) by and between CITY OF DIAMOND BAR
("Customer") and Frontier Communications of America Inc. on behalf of itself and its affiliates ("Frontier'). Customer orders and Frontier agrees to
provide Services and Equipment identified in the Schedule below.
Primary service Location:
21810 Copley Dr, DIAMOND
BAR,
California,
91765
Schedule Date:
07/13/2018
Schedule Type/Purpose:
Order for new Services
Service Term;
60
service summary
IIRC
ITIRC
Ethemet Access Circuits) (details in Tattle 1)
$0,00
$725,00
Managed Router (details in Table 1)
$
$
Static Block(s) (*NRC waived on Renewal; details in Table 2)
$ 160.00
$ 50.00
Special Construction
$
$
Total:
$ 160.00
$ 775,00
Table 1: Ethernet
Access Circuit & Managed Router
Service
Charges
Service Address, and NPA NXX:
Service
Location
NRC
MRC
A
21810 Copley Dr,
Access OR (Mops)
100 Mbps
$ 0,00
$ 725,00
new
Diamond Bar, CA, 91765, 909 396
Managed Router
Select
$
$
B
street,
Access CIR (Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
C
street,
Access CIR (Mops)
Mbps
$
$
city, state, zip, NPA NXX
Managed flouter
Select
$
$
D
street,
Access CIR (Mhps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
E
street,
Access CIR (Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
F
street,
Access CIR (Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
G
street, -
Access CIR (Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
H
street,
Access CIR(Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
1
street,
Access CIR (Mbps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
1
street,
Access CIR (Mops)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
K
street,
Access CIR(Mbps)
Mops
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
L
street,
Access CIR(Mbps)
Mhps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
M
street,
Access CIR (Mbes)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
I Select
$
$.
N
street,
Access CIR(M bps)
Mbps
$
$
city, state, zip, NPA NXX
Managed Router
Select
$
$
Subtotal:
$0.00
$725,00
Table 2: IP Addresses
.Static Block (*NBC waived on Renewal)
NBC
MRC
Service Location (from Table 1): A new
/24-$160 NBC, $50 MRC
Service Location (from Table 1): select
none
Service Location (from Table 1): select
none
Service Location (from Table 1): select
none
Subtotal:
$ 160,00
1 $ 50.00
1. Service Description. Managed Router Service Description. Frontier will configure the Router
Ethernet Internet Access is a data service comprised of a User Network based on documented customer requirements. Customer shall permit
Interface (UNI) and an Ethernet Virtual Connection (EVC) to the Internet Frontier to access the Router's Simple Network Management Protocol
which provides traffic separation, privacy, and security. (SNMP) variables, and Customer shall, at Frontier's request, permit one or
more Frontier network management systems. to be the recipient of SNMP
Ver. 2o160502 Page 1 of 2
Frontier
COMMUNICATIONS
trap messages. Frontier will perform monitoring based on standard SNMP
traps received from the Router. Frontier will work to isolate and determine
the source and severity of the problems. If a problem is caused by either the
network transport or the Router, Frontier and Customer will cooperate to
restore the Router to operational condition. If the source of the problem is
within the Router, Frontier will be responsible for the repair or replacement
of the Router, in Frontier's sole discretion. If the source of the problem is not
the Router, at Customer's request Frontier will cooperate with Customer to
conduct testing and repair activities, subject to Frontier's standard technician
rates. Frontier has no responsibility with respect to: (i) electrical work
external to the Router, including but not limited to power or back-up power
to or from the Router; (ii) Router failures caused by factors not related to the
Router or outside Frontier's control, including but not limited to failure of the
Service Location or any of Customer's other network equipment or facilities
to conform with Frontier's specifications; (iii) use of the Router for any
purpose other than as intended by the manufacturer; (iv) damage caused by
anyone other than an Frontier employee or representative; (v) Router
supplies, accessories, painting, or refurbishing; and (vi) any activity related to
anything not furnished by Frontier, or use of Router which fails to conform to
manufacturer or Frontier specifications.
2. Special Construction: All Services are subiect 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 casts 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
ETHERNET INTERNET ACCESS (EIA) SCHEDULE
FrontierConfidential
("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. -
3; Obligations of Customer. Customer is responsible to ensure
appropriate processes and protocals 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. Internet Acceptable Use Policy and Security. Customer shall comply,
and shall cause all Service users to comply, with Frontiers 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.cam/policies/commercial_aup/. Customer is
responsible for maintaining awareness of the current AUP and adhering to
the AUP as it maybe amended from timetotime. 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
Customers 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
Customers hardware or software.
This Schedule is not effective and pricing, dates and terms are subject to changeuntil signed by bath parties, and may not be effective until approved by the
FCC and/or applicable State Commission. This Schedule and any of the provisions hereof may not be modifed in any manner except 6y 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 OIAMOh
Signature:
- Signature:
Printed Name:
Printed Name:
Title:
Title;
Date:
Date:
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