Frontier Services Agreement
Terms and Conditions
Frontier Confidential
Ver. 04252022_082023 Page 1 of 2
This Frontier Services Agreement
(“FSA”) is effective as of
02/04/2026
(“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
SAN BERNARDINO
, whose primary address is
201 North E Street Suite 201B, San Bernardino, California, 92401
(
“Customer”)
.
This
document
incorpora
tes the
complete
Frontier Services Agreement
terms and c
onditions
at
http://www.Frontier.com/FSA
as an integral part of the agreement (collectively, the “FSA”).
Provision of
Services
and Equipment
Frontier will provide
and the Customer agre
es to pay for the
communications, installation and maintenance
s
ervices
(collectively
“Service”
)
,
and/or
purchase or
lease
e
quipment
(“
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 s
tate public utilities commission
.
I
n 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 execu ted 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
at the then current rate plus five percent (5%) of such 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 and Early Termination Charges
If Customer cancels any Service
or Equipment
prior to
delivery of any E
quipment 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 expen
ditures
of Frontier
in
connection with establishing
the Service prior to Frontier’s receipt of notice of cancellation, including but not limited to any
E
quipment
restocking fees
.
Following installation, Customer may terminate a Service or Equipment
by providing at least thirty (30) days prior written 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 su
rcharges 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 t
he charges
identified in this
FSA
are intended
to establish liquidated damages in the event of termination an d are not intended as a penalty.
Dispute
R
esolution
Except as otherwise specifically provided in or permitted by this FSA
, all disputes
arising in connection with this
FSA
shall first 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 party
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 individual capacity and not as a plaintiff or class member
in any purported class, representative, or private attorney general proceeding.
Frontier Services Agreement
Terms and Conditions
Frontier Confidential
Ver. 04252022_082023
Authorization and
Entire Agreement
Each party represents that the person executing this FSA is authorized to enter into this FSA on its behalf. This FSA, the te rms and
conditions
, including the Limitation of liability, warranty, indemnification, breach and other terms and conditions, at
http://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 with respect t hereto.
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.
CITY OF SAN BERNARDINO
,
Signature:
Signature:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
Contractual
Notice:
Frontier Communications
111 Field Street
Rochester, NY 14620
Attn: Legal Department
Contractual
Notice:
CITY OF SAN BERNARDINO
201 North E Street Suite 201B
San Bernardino
,
California
92401
Attn:
Legal Department
D
edicated Internet Access (DIA)
Schedule
Frontier Confidential
v. 04252022_112024 v. 9 Page 1 of 5
This is Schedule Number S-5550210050 to the Frontier Services Agreement dated (“FSA”) by and between CITY OF SAN BERNARDINO (“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.
Primary Service Location: 201 N E St Ste 201B San Bernardino, California Schedule Date:
2/4/2026
Schedule Type/Purpose: Order for New Services Service Term:
60 Month(s)
Services Provided
Service Address Service Description Partnered Quantity
Charges
Total
NRC
Total
MRC
201 N E St Ste 201B,San
Bernardino,California,92401-1520
DIA (Dedicated Internet Access)/2
Gbps/Silver
No
1 $0.00 $1,100.00
201 N E St Ste 201B,San
Bernardino,California,92401-1520
IP//29 = 5 IPs No
1 $0.00 $0.00
Subtotal:
$0.00 $1100.00
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 MP oE, 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.
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 Customer (“Partner Provider”) .
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 u p in the right order and each use a small amount of bytes, commonly known as “overhead.” Overhead is the gap between the subscribed bandwidt h speed and usable bandwidth speed. Additionally, actual data transmission or throughput may be lower than the connection spe ed 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 prior to delivery of any Equipment or installation of the Service or Equipment due to Customer’s determination that Customer 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 t o pay the FSA Section 4(a) cancellation charge.
b. Cancellation after FOC Notice. 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) busine ss days after the issuance of the FOC Notice, then, notwithstanding any provision of the FSA, Customer shall pay a processing fee of Seven Hundr ed Fifty Dollars ($750.00) and the total costs and expenditures of Frontier in connection with est ablishing 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 Equipmen 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 .
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d. Special Construction.
i. General. All Services are subject to availability and Frontier Network limitations. The rates identified in this Schedule are estimate d based on standard installation costs and Services may not be available at all Service Locations at the rates identified. If F rontier 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 tomer’s acceptance of such costs as a condition to proceeding (“Special Construction”).
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 fina ncial 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) business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Constr 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 perf ormance. Customer sha ll provide and maintain an email distribution contact list with correct telephone and email information for service escalation t hat 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, copy right, trademark, confidential information or intellectual property rights of a third -party; collectively "Unauthorized Use". Frontier reserves the right to immediately terminate, modify or suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solutio n for any Unauthorized Use.
Customer will defend and indemnify Fronti er and its affiliates with respect to claims arising from Customer’s or third parties’ Unauthorized Use.
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, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Than ksgiving 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 chang e:
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 terminatio n of Frontier Internet Service, notwiths tanding 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 bein g compromised or as a result of activities of third parties permitted by Customer may result in suspension of Customer’s accounts or Interne t 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. 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 publishe d by the U.S.
Bureau of Labor Statistics (“PPI-FD”). The adjustment will be based on the percentage increase, if any, in PPI-FD for the most recent yearly period ending April 30th compared to the prior 12 month period ending April 30 th 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 ca lendar 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 contempor aneous agreements, representations, statements, negotiations, and undertakings written or oral with respect to the subject matter hereof.
Frontier Communications of America, Inc.
CITY OF SAN BERNARDINO
Signature:
Signature:
Printed
Name:
Printed
Name:
Title: Title:
Date: Date:
D
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Schedule
Frontier Confidential
v. 04252022_112024 v. 9 Page 4 of 5
EXHIBIT 1
Service Level Agreement
This Dedicated Internet Access Service Level Agreement (“SLA”) applies to a Dedicated Internet Access (DIA) Schedule, executed by and between CITY OF SAN BERNARDINO (“Customer”) and Frontier Communications of America, Inc. (“Frontier”). The terms of this SLA apply exclusively to the Dedicated Internet Access network elements directly within Frontier’s management responsibility and contro l (“DIA Service”), including Partnered delivered 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 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 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 circuit operation. Frontier’s 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 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 .
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 from a Service Outage, Customer must contact Frontier’s commercial c ustomer 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 failu re 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, Fronti er will cooperate with Customer to conduct testing and repair activities at Customer’s co st 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 c onsidered to be impaired, but will not be deemed a Service Outage subject to these term s.
D. If Frontier dispatches a field technician to perform diagnostic troubleshooting and the failure was caused by the acts or omi ssions 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 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 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 asso ciated consequences. Only one service level component metric can be used for determining Service credits. In the event of the failu re 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 a nd 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 assess ment of compliant performance. Service Outage credits are calculated based on the duration of the Service Outage, regardless of whe ther 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 Out ages.
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 e xtend for more than 8 hours, during a rolling 6-month period, or (c) 15 separate Trouble Tickets of any duration w ithin a calendar month. If a DIA Service reaches Chronic Outage status, then Custo mer may terminate the affected DIA Service without penalty; provided that Custom er 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.