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This is Schedule Number S-0000388296 to the Frontier Services Agreement dated 04/15/2021 by and between CITY OF MURRIETA POLICE DEPT Frontier Communications of America, Inc. on behalf of itself and its affiliates to provide the Services and Equipment identified in the Schedule below.
Primary Service Location: 1 Town Square Murrieta, California Schedule Date:
02/27/2025
Schedule Type/Purpose: Renew existing services (this schedule supersedes) Service Term:
36 Month(s)
Services Provided
Service Address Service Description Partnered Quantity
Charges
Total
NRC
Total
MRC
1 Town Square, Murrieta CA 92562
Dedicated Internet Access DIA 1000 Mbps No
1 $0.00 $1,090.00
1 Town Square, Murrieta, CA 92562
Static IP 5 No
1 $0.00 $0.00
Subtotal:
$0 $1090
1. Service Description.
a. Dedicated Internet Access DIA . DIA is an internet connection, delivered via Ethernet from Customer Service Location to the Frontier IP network then to the public Internet which provides reliable, dedicated 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, Frontier Cabling Service
and Fee Schedule.
b. Partnered and/or Type II service is a delivery method where a Frontier third-party Service provider is used to deliver the local access to .
c. Overhead. Ethernet technology, which is what the Frontier Dedicated Internet circuits utilize, requires packets to have headers, a checksum, interframe gaps and preambles. Those components ensure that the data packets get sent to the right place and end up in the right h speed
and usable bandwidth speed. Additionally, actual data transmission or throughput may be lower than the connection speed due to internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Frontier.
2. Pre-installation cancellation fees, FOC Notice, Partnered Access Costs and Special Construction. a. Pre-installation cancellation fees. Cancellation relating to newly identified costs and expenses: If Customer cancels any Service or Equipment is not able or willing
to incur the costs and expenses of Frontier identified Customer required pre-installation requirements (other than previously identified NRC or CIAC set forth in this Schedule), then notwithstanding any provision of the FSA, Customer shall not be required to pay the FSA Section 4(a) cancellation charge.
b. Cancellation after FOC Notice
ss days after the
issuance of the FOC Notice, then, notwithstanding any provision of the FSA, Customer shall pay a processing fee of Seven Hundred Fifty Dollars ($750.00) and the total costs and expenditures of Frontier in connection with establishing the Service and / or providing the Equipment prior to t restocking fees.
c. Partnered Access costs. Notwithstanding any provision to the contrary in the FSA or this Service Schedule, if Customer cancels any Service or Equipment prior to delivery of any Equipment or installation of the Service or Equipment for any reason, then Customer shall reimburse Frontier for any costs and/or expenditures related to Partnered Access for which Frontier is obligated in connection with establishing the Service via Partnered Access including but not limited to any Partnered Access fees, charges, costs or early termination fees charged to Frontier. d. Special Construction.
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i. General. 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 Cus
ii. Frontier assistance with Special Construction. Frontier may determine, on a project-by-project basis, whether and the extent to which, if any, Frontier may provide additional assistance with respect to Special Construction. If Frontier determines in its sole discretion that Frontier will provide financial assistance, Frontier will notify Customer of such assistance and related conditions or requirements with respect to the Special Construction project.
iii. Customer Special Construction costs. Upon notification that Special Construction costs are required; Customer will have ten (10) uction costs within
ten (10) business days, the Customer shall be deemed to have cancelled the Service Schedule and notwithstanding any provision of the FSA, Customer shall not be required to pay the FSA Section 4(a) cancellation charge. If the Customer agrees to the Special Construction costs, Frontier and Customer will execute a replacement 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. Customer shall provide and maintain an email distribution contact list with correct telephone and email information for service escalation that indicates who to contact, at what priority level, and the precedent of the contact order, and for any service modifications. Customer shall identify points of contact with decision-making and approval authority. Customer must be present during installation and provide a Customer project manager and complete all sign-off documentation.
Customer will not use, or permit use of the DIA Solution in a manner which is (i) illegal; or (ii) infringes the patent, copyright, trademark, confidential information or intellectual property rights of a third-party; collectively "Unauthorized Use". Frontier reserves the right to immediately terminate, modify or n for any Unauthorized Use.
Customer will defend and indemnify Fronti
4. After Hours/Holiday Labor Hours -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 Y Juneteenth,
Christmas Day).
Such After- de 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.
Use Policy ( ), 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, g compromised
o t access by Frontier.
6. Producer Price Index Adjustment. Unless otherwise prohibited by tariff, regulation or applicable law, Frontier shall, once per year in July, increase the above MRC for each service by the annual increase in the Producer Price Index for Total Final Demand as published by the U.S. - -FD for the most recent yearly period
ending April 30th compared to the prior 12 month period ending April 30th and shall not exceed 9.5% in any year. The increase, if any, will be reflected as either an increase in the base MRC or as a separately stated item and occur for the first time in July of the calendar year after service installation.
7. Service Level Agreement. The Dedicated Internet Access Service Level Agreement for Dedicated Internet Access is attached hereto and incorporated herein as Exhibit 1.
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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 MURRIETA POLICE DEPT
Signature: {{Sig1_es_:signer2:signature}} Signature: {{Sig1_es_:signer1:signature}} Printed
Name: {{Name2_es_:signer2:fullname}} Printed
Name: {{Name1_es_:signer1:fullname}}
Title: {{Ttl2_es_:signer2:title}} Title: {{Ttl1_es_:signer1:title}} Date: {{Dte2_es_:signer2:date}} Date: {{Dte1_es_:signer1:date}} v. 04252022_112024 v. 9 Page 4 of 5
EXHIBIT 1
Service Level Agreement
applies to a Dedicated Internet Access (DIA) Schedule, executed by and between CITY OF MURRIETA POLICE DEPT Frontier Communications of America, Inc. The terms of this SLA
1. Operational Objectives
A. Availability: Circuit Availability is the ability to exchange data packets with DIA Customer
egress port (Z location) via the ingress port
(A location).
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 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-
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 average duration of time between Trouble Ticket initiation (in accordance 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.
C. To the extent applicable, the Customer is entitled to one Service Credit per Service Outage (i.e., for either the higher of Circuit 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 commercial customer support center (also ) at 1-(888) 637-
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 will be responsible for the repair. If the degradation is caused by a factor outside the control of Frontier, Frontier will cooperate
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 ervice 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.
Table 1A: Dedicated Internet Access
Circuit Availability (CA) MRC Service Credit
Availability 99.99%
Below 99.99% Service
Credit 30% MRC
Table 1B: Dedicated Internet Access
Mean Time To Repair MRC Service Credit
MTTR 4 Hours 25 % MRC above 4 hrs.
50% MRC above 6 hrs.
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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 . 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 means any Service Outage caused by scheduled maintenance, planned enhancements or upgrades to the Frontier network; provided that ior to any such activity if it will impact the Services provided to r 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. 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 FrontDedicated 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. ment 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 ages.
4. Chronic Outage: An individual DIA
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 a 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.