HomeMy WebLinkAbout24-2418ORDINANCE NO. 24-2418
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH FRONTIER COMMUNICATIONS PARENT, INC., THROUGH THE [NTERLOCAL
PURCHASING SYSTEM (TIPS) COOPERATIVE PROGRAM CONTRACT NO. 220105 FOR
[NTERNET SERVICES FOR THE TECHNOLOGY SERVICES DEPARTMENT;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 8607 – AWARDED TO FRONTIER COMMUNICATIONS
PARENT, INC., FOR THREE (3) YEARS, WITH THE OPTION FOR TWO (2)
ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE (5) YEAR NOT-TO-
EXCEED AMOUNT OF $575,000.00).
WHEREAS, pursuant to Ordinance 2011-082, The Interlocal Purchasing System
Program has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law and
city ordinances; and
WHEREAS, the City Manager, or a designated employee, has reviewed and
recommended that the herein described materials, equipment, supplies, or services can be
purchased by the City through The Interlocal Purchasing System Program at less cost than the
City would expend if bidding these items individually; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the “File Number” referenced herein and on file in the
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
8607 Frontier Communications Parent, Inc.$575,000.00
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to The Interlocal Purchasing
System Program for such items and agrees to purchase the materials, equipment, supplies, or
services in accordance with the terms, conditions, specifications, standards, quantities, and for
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the specified sums contained in the bid documents and related documents filed with The
Interlocal Purchasing System Program and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City’s ratification of bids awarded by The Interlocal Purchasing System Program, the City
Manager, or their designated representative, is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the
terms, conditions, specifications, and standards contained in the Proposal submitted to
The Interlocal Purchasing System Program, and related documents herein approved and
accepted
SECTION 4. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION 6. This ordinance shall become effective immediately upon its passage
and approval.
The motion to approve this ordinance was made by Brian Beck and seconded by
Joe Holland. This ordinance was passed and approved by the following vote [ 7 - 0 ]:
Aye
X
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :X
X
X
X
X
X
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 17th day of December, 2024.
GERARD HUDSPETH, MAYOR
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ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:?rLaLoc£2oLLCMb
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Docusign Envelope ID: D1600A5A-362C-47EB-9843-6BFD05129C5C
DENTON
Docusign City Council Transmittal Coversheet
coop 1 8607
File Name I Internet Service Provider- Fontier
PurchasingContact Gabby Leeper
City C,,„,iI T„g,t D,t, ' ECE"'=- 17’ 2024
Not Applicab1 ePiggy Back Option
Contract Expiration
Ordinance
DECEMBER 17, 2029
24-2418
Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND FRONTIER COMMUNICATIONS PARENT, INC.
(File # 8607)
THIS CONTRACT is made and entered into this date , by and
between Frontier Communications Parent, Inc. a Deleware Corporation, whose address is 401
Merritt 7 Norwalk CT, 06851, hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS,
a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the
Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly
authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the mutual
benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products in accordance with the Supplier’s quote, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit “C”. The Contract consists of this written
agreement and the following items which are attached hereto, or on file, and incorporated herein by
reference
(a)
(b)
(C)
(d)
(e)
(f)
Special Terms and Conditions (Exhibit “A”);
TIPS Cooperative Purchasing Contract #220105 with Frontier Communications Parent,
Inc., (Exhibit “B” on file at the office of the Purchasing Agent);
Frontier Communications Parent, Inc. quote (Exhibit “C”);
Certificate of Interested Parties Electronic Filing (Exhibit “D”);
Insurance Requirements (Exhibit “E”);
Form CIQ – Conflict of Interest Questionnaire (Exhibit "F")
These documents make up the Contract documents and what is called for by one shall be as binding
as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract
documents, the inconsistency or conflict shall be resolved by giving precedence first to the written
agreement then to the contract documents in the order in which they are listed above. These documents
shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Contractor
certifres that Contractor’s signature provides written verifIcation to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet at
maintain the requirements under this provision will be considered a material breach.
Prohibition on Contracts with Companies Boycotting Certain Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of the contract. The terms “boycott energy company” and “company”
shall have the meanings ascribed to those terms in Section 809.001 of the Texas Government Code. By
signing this agreement, Contractor certifies that Contractor’s signature provides written verification to
File 8607
Docusign Envelope ID: D1600A5A-362Cz17EB-9843-6BFD05129C5C
the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the agreement Failure to meet or maintain the requirements under this
provision will be considered a material breach.
Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm Trade
Associations
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
written verification from the company that it ( 1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a
firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the
meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this
agreement, Contractor certiftes that Contractor’s signature provides written verifIcation to the City that
Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a
fIrearm entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a fIrearm entity or firearm trade association. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting with companies
that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement,
Contractor certifres that Contractor’s signature provides written verifIcation to the City that Contractor,
pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become
ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign
terrorist organization . Failure to meet or maintain the requirements under this provision will be considered
a material breach.
Termination Right for Contracts with Companies Doing Business with Certain Foreign-Owned
Companies
The City of Denton may terminate this Contract immediately without any further liability if the City of
Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and
Contractor is, or will be in the fbture, (i) owned by or the majority of stock or other ownership interest of
the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or
other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated
country
The parties agree to transact business electronically. Any statutory requirements that certain terms be in
writing will be satisfied using electronic documents and signing. Electronic signing of this document will
be deemed an original for all legal purposes.
File 8607
Docusign Envelope ID: D1600A5A-362C47EB-9&13-6BFD05129C5C
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
SUPPLIER CITY OF DENTON, TEXAS
DocuSigned by:
BY J bPM qLMLnJ„I.ios NATURE
'DocuSlgned by:
BY: 1 h H&mIt,1
;LEY. CITY MANAGER
Printed Name: Jorge Sernerene
ATTEST:
LAUREN THODEN, CITY SECRETARYTitle: Enterprise sales Manager
214- 533-4857
PHONE NUMBER
’DocuSigned by:
BY:$JVVUJb CbWeb
jorge . semerene@ft r . com
EMAIL ADDRESS
D09D09CAD33D487
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
2024-1238932
TEXAS ETHICS COMMISSION
1295 CERTIFICATE NUMBER
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
Shannon Mejl a
PRINTED NAME
nepllty Terhnn1 nay ni rertnrTITLE
bn
Technology servi ces
DEPARTMENT
File 8607
Docusign Envelope ID: D1600A5A-362C-47EB-9843-6BFD05129C5C
Exhibit A
Special Terms and Conditions
1. Contract Term
The contract term will be three (3) years, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council. At the sole option of
the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6)
months
2. Total Contract Amount
The contract total shall not exceed $575,000.00 Pricing shall be per Exhibit C attached.
3. The Quantities
The quantities indicated on Exhibit C (in this contract) are estimates based upon the best available
information. The City reserves the right to increase or decrease the quantities to meet its actual
needs without any adjustments in the bid price. Individual purchase orders will be issued on an as
needed basis.
File 8607
Docusign Envelope ID: D1600A5A-362C47EB-98434BFD05129C5C
Exhibit C Contractors Proposal Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
This is Schedule Number SJ550162707 to the Frontier Services Agreement dated 09/18/2017 (“FSA”) by and between CITY OF DENTON (“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. TIPS CONTRACT NUMBER 220105).
PrimarY Service Location: 601 East Hickory Street Denton, Texas
Schedule Type/Purpose: New
Schedule Date:11/1 5/2024
36 Month(s)
Service Term:
Services Provided
Service Description
DIA (Dedicated Internet Access)/1
Gbr>s/Silver
IP//29 = 5 IPs
Service Address
601 East Hickory Street,Denton,Texas,76205
601 East Hickory Street,Denton,Texas,76205
Quantity
Charges
Totall Total
MRCNRC
$0.00
SO.OO
$1 190SO
1. Service Description.
a. Dedicated Internet Access {“DIN’}. 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,
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 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 up in the right
order and each use a small amount of bytes, commonly known as “overhead .” Overhead is the gap between the subscribed bandwidth 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
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 to 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) business 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
Frontier’s receipt of notice of cancellation including but not limited to any construction and engineering costs and Equipment 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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Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 Customer'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 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)
business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Construction 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 shaH
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
suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solution for any Unauthorized Use.
Customer will defend and indemnify Frontier 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, 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. 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.
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 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 incorporatedherein as Exhibit 1 .
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Docusign Envelope ID: D1600A5A-362CJj7EB-9&13-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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.crrY OF DENTON
Signature:
Printed
Name:
Title:
Signature:
Printed
Name:
Title:
Date:Date
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Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 DENTON (“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 control (“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<ompliant circuit operation. Frontier’s Service Availability
commitment and applicable Service credit are outlined in Table 1 A, subject
to Sections 3 and 4 below.
Table 1 A: Dedicated Internet Access
'CACircuit Availabili MRC Service Credit
Availability 99.99%Below 99.99% Service
Credit 30% MRC
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 IB,
subject to Sections 3 and 4 below.
Table IB: Dedicated Internet Access
MRC Service CreditMean Time To Re
25 % MRC above 4 hrs4 Hours 50% MRC above 6 hrs
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
B
Frontier will maintain a pointof-contact for Customer to report a Service Outage, twenty-four (24) hours a day, seven (7) days a week.
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 Tickef').
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
v. 04252022 052024 v. 8 Page 4 of 5
Docusign Envelope ID: D1600A5A-362C4+7EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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; (tv) 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 vertfying 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
[DSI , NxDSI, 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 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.
v. (H2S2022_052024 v. 8 Page 5 of 5
Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Fl-011tier Confidentia
FRONTIER
This is Schedule Number S-5550162700 to the Frontier Services Agreement dated 09/18/2017 (“FSA”) by and between CITY OF DENTON (“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. TIPS CONTRACT NUMBER 220105)
PrImarY Service Location: 601 E Hickory St Denton, Texas
Schedule Type/Purpose: New
Schedule Date:
11/1 5/2024
36 Month(s)
Service Term:
Service Address
601 E Hickory St,Denton,Texas,762054304
601 E Hickory St,Denton,Texas,762054304
$0,00 $2,600.00
$0.00 $0.00
1
$2600SO
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,
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 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 up in the right
order and each use a small amount of bytes, commonly known as “overhead :’ Overhead is the gap between the subscribed bandwidth 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
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 to 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) business 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
Frontier's receipt of notice of cancellation including but not limited to any construction and engineering costs and Equipment 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.
v. 04252022 052024 v. 8 Page 1 of 5
Docusign Envelope ID: D1600A5A-362Cz17EB-9@L34BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 Customer’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 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)
business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Construction 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
suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solution for any Unauthorized Use.
Customer will defend and indemnify Frontier 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, 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. 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.
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 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 Aqreement. The Dedicated Internet Access Service Level Agreement for Dedicated Internet Access is attached hereto and incorporated
herein as Exhibit 1
v. 04252022052024 v. 8 Page 2 of 5
Docusign Envelope ID: D1600A5A-362Cd:t7EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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.crrY OF DENTON
Signature:
Printed
Name:
Title:
Signature:
Printed
Name:
Title:
Date:Date:
v. (y12S2022 052024 v. 8 Page 3 of 5
Docusign Envelope ID: D1600A5A-362C217EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 DENTON (“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 control (“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 1 A, subject
to Sections 3 and 4 below.
Table 1 A: Dedicated Internet Access
Circuit Availabili':CA:MRC Service Credit
Availability Below 99.99% Service
Credit 30% MRC
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 IB,
subject to Sections 3 and 4 below.
Table IB: Dedicated Internet Access
Mean Time To Re MRC Service Credit
25 % MRC above 4 hrs4 HoursMTTR 50% MRC above 6 hrs
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 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 Tickef’).
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, Fronti er 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
v. (Bt252022 052024 v. 8 Page 4 of 5
Docusign Envelope ID: D1600A5A-362(_,47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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
[DSI , NxDSI, 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 hours1 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.
v. 04252022 052024 v. 8 Page 5 of 5
Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
This is Schedule Number S4550162705 to the Frontier Services Agreement dated 09/18/2017 (“FSA”) by and between CITY OF DENTON (“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. TIPS CONTRACT NUMBER: 220105.
PrimarY Service Location: 1685 Spencer Rd Denton, Texas
Schedule Type/Purpose: New
Schedule Date:11/1 5/2024
36 Month(s)
Service Term:
Services Provided
Service Description
DIA (Dedicated Internet Access)/5
Gbps/Silver
IP//29 = 5 IPs
Service Address
1685 Spencer Rd,Denton,Texas,76205
1685 Spencer Rd,Denton,Texas,76205
Quantity
Ch es
TotalTotal
NRC M,Re
$0.00 $2,600.00
$0.00$Q.ao
$260060
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,
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 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. Ttlose components ensure that the data packets get sent to the right place and end up in the right
order and each use a small amount of bytes, commonly known as “overhead .” Overhead is the gap between the subscribed bandwidth 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
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 to 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) business 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
Frontier's receipt of notice of cancellation including but not limited to any construction and engineering costs and Equipment 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, oosts or early termination fees charged to Frontier.
d. Special Construction.
v. 04252022 052024 v. 8 Page 1 of 5
Docusign Envelope ID: D1600A5A-362CH47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 Customer’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 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)
business days to notify Frontier of Customer’s acceptance of such costs. If the Customer does not agree to the Special Construction 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
suspend Customer’s DIA Solution if it is determined by Frontier in its sole discretion that Customer has used the DIA Solution for any Unauthorized Use.
Customer will defend and indemnify Frontier 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, Presidents Day, Memorial Day, Juneteenth, 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. 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
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 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 Aqreement. The Dedicated Internet Access Service Level Agreement for Dedicated Internet Access is attached hereto and incorporated
herein as Exhibit 1.
v. 04252022 052024 v. 8 Page 2 of 5
Docusign Envelope ID: D1600A5A-362C47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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.crrY OF DENTON
Signature:
Printed
Name:
Title:
Signature:
Printed
Name:
Title:
Date Date:
v. 04252022_052024 v. 8 Page 3 of 5
Docusign Envelope ID: D1600A5A-362(_,47EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 DENTON (“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 control (“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 1 A, subject
to Sections 3 and 4 below.
Table 1 A: Dedicated Internet Access
'CA'Circuit Availabili'MRC Service Cre
Availability 99,99%Below 99.99% Service
Credit 30% MRC
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 IB,
subject to Sections 3 and 4 below.
Table IB: Dedicated Internet Access
MRC Service CreditLirMean Time To Re
25 % MRC above 4 hrsMTTR4 Hours 50% MRC above 6 hrs
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 pointnf-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 Tickef’).
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
v. 04252022 052024 v. 8 Page 4 of 5
Docusign Envelope ID: D1600A5A-362C217EB-9843-6BFD05129C5C
Dedicated Internet Access (DIA)
Schedule
Frontier Confidential
FRONTIER
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 prompt]y, 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
[DSI, NxDSI, 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 far 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.
v. 04252022 052024 v. 8 Page 5 of 5
Docusign Envelope ID: D1600A5A-362CJ+7EB-9843-6BFD05129C5C
Exhibit D
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government
Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure
of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The
Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically
with the Commission.
Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded,
in accordance with Government Code 2252.908.
The contractor shall:
1
2
3
4
5
6.
Log onto the State Ethics Commission Website at :
https://www .ethics.state.tx.us/filinginfo/ 1295/
Register utilizing the tutorial provided by the State
Print a copy of the completed Form 1295
Enter the Certificate Number on page 2 of this contract.
Complete and sign the Form 1295
Email the form to pumhasing@cityofdenton.com with the contract number in the subject line.
Contract 1234 – Form 1295)
(EX:
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council
award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission’s website
within seven business days.
File 8607
Docusign Envelope ID: D1600A5A-362C47EB-98434BFD05129C5C
Exhibit E
INSURANCE REQUIREMENTS
Respondent’s attention is directed to the insurance requirements below. It is highly
recommended that respondents confer with their respective insurance carriers or
brokers to determine in advance of Proposal/Bid submission the availability of insurance
certificates and endorsements as prescribed and provided herein. If an apparent low
respondent fails to comply strictly with the insurance requirements, that respondent may
be disqualified from award of the contract. Upon contract award, all insurance
requirements shall become contractual obligations, which the successful contractor
shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the contracted work
has been completed and accepted by the City of Denton, Owner, the minimum
insurance coverage as indicated hereinafter.
As soon as practicable after notification of contract award, Contractor shall file
with the Purchasing Department satisfactory certificates of insurance including
any applicable addendum or endorsements, containing the contract number and
title of the project. Contractor may, upon written request to the Purchasing
Department, ask for clarification of any insurance requirements at any time;
however, Contractors are strongly advised to make such requests prior to
proposal/bid opening, since the insurance requirements may not be modified
or waived after proposal/bid opening unless a written exception has been
submitted with the proposal/bid. Contractor shall not commence any work
or deliver any material until he or she receives notification that the contract has
been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements
shall comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the
Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A.M. Best Company rating of at least A- or better.
•Any deductibles or self-insured retentions shall be declared in the proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees
and volunteers; or, the contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
•Liability policies shall be endorsed to provide the following:
0 Name as Additional Insured the City of Denton, its Officials, Agents,
Frontier Communications - 8607
Docusign Envelope ID: D1600A5A-362C-47EB-9843-6BFD05129C5C
Employees and volunteers.
0 That such insurance is primary to any other insurance available to the
Additional Insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one insured shall not
operate to increase the insurer's limit of liability.
o Provide a Waiver of Subrogation in favor of the City of Denton, its
officials, agents, employees, and volunteers.
• Cancellation: City requires 30 day written notice should any of the
policies described on the certificate be cancelled or materially changed
before the expiration date.
•Should any of the required insurance be provided under a claims made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered.
•Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, theContractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
•Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
1 COMMERCIAL GENERAL LIABILITY INSURANCE
Commercial General Liability Insurance including, but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors, and Contractual Liability with
minimum combined bodily injury (including death) and property damage
limits of $1,000,000.00 per occurrence and $2,000,000.00 general
Frontier Communications - 8607
Docusign Envelope ID: D1600A5A-362C47EB-98434BFD05129C5C
aggregate .
2.CYBER/TECHNOLOGY NETWORK LIABILITY AND RISK INSURANCE
Cyber/Technology Network Liability and Risk Insurance, inclusive of
Information Security and Privacy (first and third party coverage) to
provide coverage for any damage caused by a network risk, cyber act
or breaches of data and privacy right, the rendering of, or the failure to
properly perform professional services for, but not limited to,
computer programming, management information systems, negligent
system design, disclosure of confidential information, and copyright
infringement with minimum limits with minimum limits of
$2,000,000.00 per claim.
Frontier Communications - 8607
Docusign Envelope ID: D1600A5A-362C47EB-9&+34BFD05129C_5Cl- ' Exhibit F- Form C IQ
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entit'
This questionnaire reflects charMe de to the law 4th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire mUSt be filed with the records administrator of the local government entity not later than the 7th business day after thI
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.
misdemeanor.
a nity.
An offense under this section is a
Front1 er Communlcat1 ons Parent ,
Inc .
2
[X]
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
d Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code
Attach additional pages to this Form CIQ as necessary,
A.Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?m Yes a No
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local govemmental entity?m Yes = No
C,Is the filer of this questionnaire employed by a corporation or othcr business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
m Yes m No
D.Describe each employment or business and family relationship with the local government officer named in this section
4
5
Ld I have no Conflict of Interest to disclose.
LMLrLWL
gi with the ltal entity
11/21/2024
%natur-aVg Date
Docusign Envelope ID: D1600A5A-362Cz17EB-9&13-6BFD05129C5C
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy ofChapter l76ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/La 176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency afa federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003(a}{2)(A) and (B):
(A) Alocal govemment officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds 52,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) acontract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vardoR
(B) has given to the localgovemment officer or a family member ofthe officer one or more gifts that have an aggregate value ofmon
than $ 100 in the 12-month periodpreceding the date the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and (a-1 }
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and.
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
ofthe officer, described by Section 176.003 (a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the once; one or more gifts with the
aggregate value speci£edby Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local govemmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative; a family member related to a City Official within the third 3d degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Ilistoric Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public rightof:way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
'orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015
Ddocusign
Certificate Of Completion
Envelope Id: D1600A5A-362C47EB-9843-6BFD05129C5C
Subject: Please DocuSlgn: City Council Contract 8607 Internet Service Provider- Frontier
Status: Completed
Source Envelope:
Document Pages: 26 Signatures: 6
Initials: 1
Envelope Originator:
Gabby Leeper
901 B Texas Street
Denton, TX 76209
Gabby.Leeper@cityofdenton.com
IP Address: 198.49.140.104
Certificate Pages: 6
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
11/21/2024 1 :19:55 PM
Holder: Gabby Leeper
Gabby.Leeper@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Sent: 11/21/2024 1 :24:12 PM
Viewed: 11/21/2024 1 :24:22 PM
Signed: 11/21/2024 1 :25:24 PM
Gabby Leeper
gabby.leeper@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Sent: 11/21/2024 1 :25:27 PM
Viewed: 11/21/2024 2:13:47 PM
Signed: 11/21/2024 2:16:23 PM
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 11/21/2024 2:16:25 PM
Viewed: 11/21/2024 4:46:21 PM
Signed: 11/21/2024 4:46:46 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jorge Semerene
jorge.semerene@ftr.com
Enterprise Sales Leader
Security Level: Email, Account Authentication
(None)
'DocuStgn8d by:
b& rf S I!A 1:M1m!#
Sent: 11/21/2024 4:46:48 PM
Viewed: 11/21/2024 5:02:28 PM
Signed: 11/21/2024 5:38:20 PM
Signature Adoption: Pre-selected Style
Using IP Address: 208.56.27.94
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 11/21/2024 5:02:28 PM
ID: 112f84bb-1 lb04d87-bd11-ce3c4f8cfaf6
Signer Events
Shannon Mejia
shannon.mejia@cityofdenton.com
Deputy Technology Director
Security Level: Email, Account Authentication
(None)
Signature Timestamp
Sent: 11/21/2024 5:38:23 PM
Viewed: 11/21/2024 7:41 :47 PM
Signed: 11/22/2024 8:39:22 AM
Signature Adoption: Pre-selected Style
Using IP Address: 35.150.13.128
Electronic Record and Signature Disclosure:
Accepted: 11/21/2024 7:41 :47 PM
ID: 08025869-0f63-+02c-8661456a346670f1
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed Sent: 11/22/2024 8:39:26 AM
Viewed: 11/22/2024 8:59:04 AM
Signed: 12/18/2024 10:02:37 AM
Using IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
SMA Flu4th
Sent: 12/1 8/2024 10:02:40 AM
Viewed : 12/1 8/2024 10:15:50 AM
Signed: 12/1 8/2024 10:15:58 AM, 5236DB296270423
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
Sent: 12/1 8/2024 10:16:01 AM
Viewed: 12/1 8/2024 10:34:06 AM
Signed: 12/1 8/2024 10:34:40 AM
Signature Adoption: Pre-selected Style
Using IP Address: 166.205.54.27
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status
Status
Timestamp
Intermediary Delivery Events Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events• +
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Timestamp
Sent: 11/21/2024 1 :25:26 PM
Viewed: 11/21/2024 9:26:08 PM
Carbon Copy Events
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 11/22/2024 8:39:25 AM
Viewed: 11/22/2024 9:22:04 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
ElectronIc Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 12/18/2024 10:34:43 AM
Viewed: 12/19/2024 10:21 :42 AM
Stephanie Padgett
Stephanie.Padgett@cityofdenton.com
TS Administration Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 12/1 8/2024 10:34:44 AM
Witness Events Signature
Signature
Timestamp
Notary Events Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
11/21/2024 1 :24: 12 PM
12/18/2024 10:34:06 AM
12/1 8/2024 10:34:40 AM
12/1 8/2024 10:34:44 AM
Hashed/Encrypted
Security Checked
Security Checked
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Jorge Semerene, Shannon Mejia
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@ cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing @cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
uired hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
r
r
e
NetSc.7.2 (or above)
EAccess to a valid email account
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
roxy connectron
## These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.