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Verizon/Master Service Agreement 06LOCAL GOVERNMENT ENTITY AUTHORIZED USER AGREEMENT FOR STATE OF CALIFORNIA CONTRACT FOR WIRELESS SERVICES (MASTER CONTRACT #1S-05-58-02) Verizon Wireless and the State of California (the "State") have entered into a Contract for Wireless Services (41S-05-58-02) (The "Master Agreement") pursuant to which local government entities within the State may participate to purchase wireless services and products from Verizon Wireless, so long as they have complied with the State's designated purchasing processes, and the applicable requirements of their individual Charters or other governing documents. The undersigned, on behalf of the Local Entity, acknowledges and agrees, as follows: (1) It is eligible to purchase wireless service and products from Verizon Wireless under the terms and provisions of the Master Agreement, subject to any applicable local purchasing laws and ordinances; (2) It desires to purchase wireless services and products from Verizon Wireless pursuant to the terms and conditions of the Master Agreement and any and all addenda and schedules thereto as the State may specify from time to time. Local Entity agrees to purchase, and Verizon Wireless agrees to provide, the wireless services and products detailed below pursuant to the terms of the Master Agreement and any addenda and schedules thereto: Local Government Entity Name: City of La Quinta State Billing Code: Authorized User Name: John Falconer Authorized User Phone: 760-777-7054 Authorized User Address: Street: 78-495 Calle Tampico City: La Quinta — ST: CA Zip: 922353 Tax ID: 95-3740431 D&B #: 103150009 Tax Exempt: ❑ Yes ® No VZW Sales Rep Name: _Annette Lauchang -- Phone Number: 951-201-1897 _ Sales Rep ID: EBW08 Further, the undersigned is designated and granted authority to act on behalf of Local Entity for any and all matters contemplated in the Master Agreement. Executed as of this Z.3 day ofJ0 , 2 DV . W, Z�,_A _1_ 166e_;4�� uthorized Signer Printed Name Title California Wireless Contract The California Wireless Contract (CWC) was designed to allow the State of California to purchase the best products and best services for the best value. State Government agencies of California and their Political Subdivisions (City, County, Local) may join together in a cooperative contracting agreement in order to find the best values available in the marketplace. Verizon Wireless was awarded the primary provider for voice and data service and secondary provider for PTT and data under the new CWC offer. Corporate Liable customers can take advantage of the Local and National rate plans which were created exclusively for the CWC. CWC Key Details: - No Service Activation - All voice handsets include hands -free headset at no charge - 1 Year Agreement - 25% Discount on Accessories - $50 Credit for every NEW voice activation - Suspension Period — up to 6 months - No Suspend and Reactivation Charge - Free Shipping for all orders - No Early Termination Fees - 3% rebate from Verizon Wireless Requirements: - State Billing Code from the State of CA administrator - Acknowledgement Letter City of La Quinta (hereinafter "Customer") 78495 Caile Tampico Contract ID: 587303-00 Verizon Business Billing Code: 01 Segment: Corporate Westest Service Agreement Account Manager: Brett E Blackwell Pricing and/or promotional benefits in this Agreement may not be available if it is signed and delivered to Verizon after December 10. 2008. uui ta,CA 92253 Thomas Genovese, City Manager Acceptance Date General Terms and Conditions This Verizon Business Service Agreement ("Agreement") is made by and between "Verizon," which refers to Verizon Business Network Services Inc., on behalf of MCI Communications Services, Inc, d/b/a Verizon Business Services and any other Verizon affiliates identified in applicable service attachments or the Guide (individually and collectively), and City of La Quinta ("Customer"). The pricing in this Agreement is effective either: a) when Service (defined below) is installed if Customer has no Verizon service at the time this Agreement is accepted by Verizon or b) otherwise, by the first day of the second full billing cycle following acceptance of the Agreement by Verizon, except where a Service Attachment indicates otherwise for a particular service ("Effective Date"). Verizon acceptance occurs upon Verizon's verification that an unaltered Customer -signed document is received by a Verizon implementation center. Customer Consent to Use of Customer Proprietary Network Information ("CPNI"). Verizon acknowledges that it has a duty, and Customer has a right, under federal and/or state law to protect the confidentiality of Customer's CPNI. CPNI includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications services Customer purchases from Verizon, as well as related local and toll billing information, made available to Verizon solely by virtue of Customer's relationship with Verizon. With Customer consent, Verizon may share Customer CPNI and other Confidential Information among its affiliates, including Verizon Wireless, and with agents and partners, so that all may use this information to offer Customer the full range of products and services offered by Verizon and its affiliates, including local, long distance, wireless, and Internet services (see www.verizon.com for a description of Verizon companies and services). By signing this Agreement, Customer consents to Verizon using and disclosing Customer CPNI as described above. Customer may refuse CPNI consent by signing this Agreement and by notifying Verizon in writing at cpni- notices@verizonwireless.com and cpni-notices@verizonbusiness.com of Customer's decision to withhold Customer's consent. Customer's consent or refusal to consent will remain valid until Customer otherwise advises Verizon, and in either case, will not affect Verizon's provision of service to Customer. ILECS and Verizon Wireless. The Terms and Conditions below do not apply to Services provided by Verizon incumbent local exchange carriers ("ILECs") or by Celico Partnership and its affiliates d/b/a Verizon Wireless ("Verizon Wireless"), which are governed solely by the Service Attachments for such Services and, in the case of ILEC Services, applicable Tariffs (defined below). A Verizon Wireless Service Attachment becomes a part of this Agreement only once it is executed by Verizon Wireless and the Customer. Services. Verizon will provide the products and services ("Services") in the Services Attachments. • Local and Long Distance Solution Service • Long Distance Service Term and Survival. The "Initial Term" begins upon the Effective Date and ends upon completion of 12 months, at which time the Agreement is automatically extended ("Extended Term") on a month -to -month basis until either party terminates it upon 60 days' prior written notice. The terms of this Agreement will continue to apply during any service -specific commitments that extend beyond the Term. "Term" means the Initial Term and Extended Term. VeR2oN CONHOEN71AL Contract ID: 587303-00 0 2003. 2006 Verieon All PogNs Re ,e d Page 1 of 10 PnNed 11110/2008 at 12 14.56 PM Contract ID: 587303-00 Verizon Business Service Agreement 3. Tariff and Guide. Verizon's provision of Services to Customer will be governed by Verizon's international, interstate and state tariffs ("Tariff(s)"), its "Service Publication and Price Guide" ("Guide") at www.verizonbusiness.com/guide, and this Agreement. This Agreement incorporates by reference the terms of each Tariff and the Guide. Verizon may modify the Guide from time to time, and any modification will be binding upon Customer, as provided in the Guide. If a conflict arises, the order of precedence is: (i) Tariffs to the extent applicable (ii) this Agreement (excluding the Guide and Tariffs), and (iii) the Guide. Among the provisions of the Agreement, the order of precedence is: (i) Service Attachments, and (ii) these Terms and Conditions. If Verizon makes any changes to the Guide (other than to Governmental Charges) that affect Customer in a material and adverse manner, Customer may discontinue the affected Service without liability by providing Verizon with written notice of discontinuance within 60 days of the date the change is posted on the Website, unless within 60 days of receiving customer's discontinuance notice, Verizon agrees to remove the material adverse effect on Customer. If a Service is discontinued, Customer's AVC (defined below), will be reduced, as appropriate, to accommodate the discontinuance. 4. Rates and Charges; Governmental Charges; Taxes. Customer agrees to pay the rates and charges specified in this Agreement. "Standard" rates and charges means the Verizon Business Services III pricing plan ("VBS III"), where applicable. Except where expressly stated otherwise, all rates and charges are subject to change and 'fixed' rates may be decreased at any time. Verizon may give Customer notice of pricing changes by posting them on the Guide, by invoice message, or by other reasonable means. All charges are exclusive of applicable Taxes, and Verizon may add or adjust rates and charges in order to recover amounts it is required or permitted by governmental or quasi -governmental authorities to collect from or pay to others in support of statutory or regulatory programs ("Governmental Charges"). Customer will not be eligible to receive any other additional discounts, promotions and/or credits (Tariffed or otherwise). The rates and charges set forth in this Agreement do not include (without limitation) charges for all possible non -recurring charges, access service, local exchange service, charges imposed by a third party other than Verizon, on -site installation, Governmental Charges (defined above), network application fees, customer premises equipment or extended wiring to or at a Customer premises. 5. Minimum Annual Volume Commitment. Customer agrees to pay Verizon no less than $600.00 (the "AVC") in Total Service Charges (defined below) during each twelve-month period after the Effective Date ("Contract Year"). "Total Service Charges" means all charges, after application of all discounts and credits, for the Services, excluding Taxes, Governmental Charges, equipment, Verizon ILEC, Verizon Wireless, Document Delivery Fax, non -recurring charges, goods and services acquired by Verizon as Customer's agent, international pass -through access (Type 3/PTT) and charges for international access provided by Verizon (Type 1), charges for security services provided by Cybertrust, Inc. or its affiliates set forth in the Guide as providers of Cybertrust security services, and other charges expressly excluded by this Agreement. 6. Underutilization and Early Termination Charges. If Customer's Total Service Charges do not reach the AVC in any Contract Year during the Initial Term, Customer shall pay an "Underutilization Charge" equal to 50% of the unmet AVC. If Customer's Total Service Charges do not reach the AVC in any Contract Year because the Agreement is terminated early by Customer without Cause or by Verizon with Cause, Customer shall pay an "Early Termination Charge' equal to 50% of the unmet AVC plus a pro rata portion of any credits received by Customer. 7. Payment. Customer will pay all Verizon charges (except Disputed amounts) within 30 days of invoice date. Customer will pay a late payment charge equal to the lesser of: (a) 1.5% per month, (b) the amount indicated in a Service Attachment, or (c) the maximum amount allowed by applicable law. A "Disputed" amount is one for which Customer has given Verizon written notice, adequately supported by bona fide explanation and documentation. Any invoiced amount not Disputed within 6 months of the invoice date is deemed correct and binding on Customer. Customer is liable for all fees and expenses, including attorney's fees, reasonably incurred by Verizon in attempting to collect any charges owed under this Agreement. 8, Termination. Either party may terminate this Agreement for Cause (excluding Verizon ILEC or Verizon Wireless Services, which are governed by the applicable Service Attachments). "Cause" means (a) Customer's failure to pay any invoice (excluding Disputed amounts) within 10 days of receiving notice that payment is overdue, or (b) breach by a party of a material provision of this Agreement that the breaching party has not cured within 30 days of receiving notice from the non -breaching party. If interruption of Service is necessary to prevent or protect against fraud or otherwise protect Verizon's personnel, facilities or services, Verizon may do so without notice. V[RIZON CONFIDENTIAL. Contract ID: 587303-00 f, 2003, 2006 Venzon. All Rights Reserved. Page 2 d 10 Pinked 11 J1012008 at 12:34'56 PM Contract ID: 587303-00 Verizon Business Service Agreement 9, Confidential Information. The parties will protect Confidential Information, and limit its use and disclosure, as provided further in the Guide. "Confidential Information" means information (in whatever form) designated as confidential by the disclosing party by conspicuous markings (if tangible Confidential Information) or by announcement at the time of initial disclosure (if oral Confidential Information) or if not so marked or announced should reasonably have been understood as confidential to the disclosing party (or one of its affiliates or subcontractors), either because of legends or other markings, the circumstances of disclosure or the nature of the information itself and that (i) relates to this Agreement or changes to this Agreement, (ii) relates to the disclosing party's customers, products, services, developments, trade secrets, know-how or personnel; and (iii) is received by the receiving party from the disclosing party during the Term. 10. Protection of Customer CPNI and Provision of Customer CPNI to Authorized Customer Representatives. 10.1. Verizon will protect the confidentiality of Customer CPNI in accordance with applicable laws, rules and regulations. Verizon may access, use, and disclose Customer CPNI as permitted or required by applicable laws, rules, and regulations or this Agreement. 10.2. Provided that Customer is served by at least one dedicated Verizon representative under the Service Agreements (that can be reached by Customer by means other than calling through a call center) and as permitted or required by applicable law, Verizon may provide Customer CPNI (including, without restriction, call detail) to representatives authorized by Customer ("Authorized Customer Representatives" as defined below) in accordance with the following. 10.3. Verizon may provide Customer CPNI to Authorized Customer Representatives via any means authorized by Verizon that is not prohibited by applicable laws, rules, or regulations, including, without restriction: to the Customer's email address(es) of record (if any) or other email addresses furnished by Authorized Customer Representatives, to the Customer's telephone number(s) of record or other telephone numbers provided by Authorized Customer Representatives, to the Customer's postal (US Mail) address(es) of record or to other postal addresses furnished by Authorized Customer Representatives, or via Verizon's on-line customer portal or other on-line communication mechanism. 10.4. Authorized Customer Representatives include Customer employees, Customer agents, or Customer contractors, other than Verizon, who have existing relationships on behalf of Customer with Verizon customer service, account, or other Verizon representatives and all other persons authorized in written notice(s) (including email) from Customer to Verizon. Authorized Customer Representatives shall remain such until Customer notifies Verizon in writing that they are no longer Authorized Customer Representatives as described below. Customer agrees, and will cause Authorized Customer Representatives, to abide by reasonable authentication and password procedures developed by Verizon in connection with disclosure of Customer CPNI to Authorized Customer Representatives. 10.5. Customer's notices of authorization or deauthorization must be sent to your service or account manager, and must contain the following information: the name, title, postal address, email address, and telephone number of the person authorized or deauthorized that the person is being authorized, or is no longer authorized, (as applicable) to access CPNI the full corporate name of the Customer whose CPNI (and whose affiliates' CPNI) the person can access (or can no longer access, if applicable) 10.6. During the Service Agreements, Customer will at all times have designated, below, in an attachment containing the same data elements listed below, or in a separate writing sent to the service manager or account manager, up to three representatives ("CPNI Authorizers') with the power to authorize Customer representatives to access CPNI under this Agreement. Additions or removals of CPNI Authorizers will be effective within a reasonable period after Verizon has received a signed writing of the change, including the affected person(s)' name, title, postal address, email address and telephone number. Name Title Tel. No. Postal Address Vr.R¢oN coNriDENnA_ Contract ID: 587303-00 02003, 2006 Venzon. All Rights Reserved Page 3 0l 10 Pnnled t V1012008 at 12'.3.56 Ph1 11 12. 13. 14. Contract ID: 587303-00 Verizon Business Service Agreement Name Title Tel. No. Postal Address Name Title Tel. No. Postal Address DISCLAIMER OF WARRANTIES AND CERTAIN DAMAGES. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, VERIZON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY VERIZON SERVICES, SOFTWARE OR DOCUMENTATION. VERIZON SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability and Action. The total liability of Verizon to Customer in connection with this Agreement is limited to the lesser of (a) direct damages proven by Customer; or (b) the amount paid by Customer to Verizon under this Agreement for the 6 month period prior to accrual of the most recent cause of action, excluding amounts for equipment and the Services of Verizon ILECs security services provided by Cybertrust, Inc. or its affiliates set forth in the Guide as providers of Cybertrust security services, and Verizon Wireless. This limitation applies for any and all causes of actions and claims, including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. This section does not limit any Verizon liability: (a) in tort for its willful or intentional misconduct; or (b) for bodily injury or death proximately caused by Verizon's negligence, or (c) loss or damage to real property or tangible personal property proximately caused by Verizon's negligence. A party may not bring any action or demand for arbitration arising out of this Agreement more than 2 years after the cause of action has accrued. The parties waive the right to invoke any different limitation on the bringing of actions under state law. Assignment. Either party may assign this Agreement or any of its rights hereunder to an affiliate or successor upon notice to the other party. A Customer affiliate or successor must meet Verizon's creditworthiness standards for the assignment to become effective. All other assignments are void. Service Marks, Trademarks and Name. Neither Verizon nor Customer may: (a) use any service mark or trademark of the other party; or (b) refer to the other party in connection with any advertising, promotion, press release or publication unless it obtains the other party's prior written approval. VERIzoN CONFIDENTIAL Contract ID: 587303-00 02003. 2006 Veomn. M Rights Reserved Pege 4 0110 PnNed 1 V102008 at 123456 PM Contract ID: 587303-00 Verizon Business Service Agreement 15. Dispute Resolution. Any claim or dispute ("Dispute") arising out of or relating to this Agreement (other than claims relating to indemnification and equitable relief) must be resolved by binding arbitration of a single arbitrator under the rules of the American Arbitration Association at a mutually agreed upon location. The arbitrator must base his or her decision upon this Agreement and applicable law, and has no authority to order consolidation or class arbitration, or award punitive damages or any other relief beyond what the Agreement provides. The arbitrator must apply applicable statutes of limitation, subject to limitation of actions terms set forth in this Agreement. The parties agree that all Disputes must be pursued on an individual basis in accordance with the procedure noted above, and waive any rights to pursue any Dispute on a class basis, even if applicable law permits class actions or class arbitrations. 16, Notices. All communications hereunder, including disconnection notices, must be made to Customer at the address below and to Verizon at notice@verizonbusiness.com, following the procedures in the Guide. To Customer With a co to: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 17. Acceptable Use. Use of Verizon's Internet Services and related equipment and facilities must comply with the then - current version of the Verizon Acceptable Use Policy ("Policy") (see www.verizonbusiness.com/terms). Verizon reserves the right to suspend or terminate Internet Services effective upon notice for a violation of the Policy. Customer will indemnify and hold harmless Verizon from any losses, damages, costs or expenses resulting from any third -party claim or allegation that if true, would constitute a violation of the Policy. Each party will promptly notify the other of any such claim. 18, Entire Agreement. This Agreement (including Service Attachments and Exhibits referenced herein, and other documents incorporated by reference) constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all other prior or contemporaneous representations, understandings or agreements. Except as otherwise expressly stated herein, no amendment to this Agreement is valid unless in writing and signed by both parties. 19, Additional Attachments: This Agreement incorporates the following Attachment(s): Services Attachment Promotions Attachment VERI2ON CONFIDENTIAL Contract ID: 587303-00 02003. 2006 Venxon. All Rights Reserved Page 5 of 10 PnoWd 11110/2008 Al 12:34.56 P 1 Contract ID: 587303-00 Verizon Business Service Agreement Services Attachment Voice Services LOCAL AND LONG DISTANCE SOLUTION SERVICE Rates and Charges. The current monthly recurring charges ("MRC") and applicable usage charges for the Voice Service are set forth below. These and other rates and charges related to the Voice Service are also set forth in the Guide and applicable Tariffs. The rates and charges set forth below do not include (without limitation) Directory Assistance charges and surcharges, charges for enhanced services (such as charges for voice mail or call manager), or Operator Services charges and surcharges. For the following Local and Long Distance Service Bundles, where a Tariff applies, Customer will pay the VBSIII rates set forth in the Tariff less the discounts, as applicable, set forth below in Section II. Where no Tariff applies, Customer will pay the rates set forth in the Guide or Verizon's standard rates for each Local and Long Distance Service Bundle. For illustrative purposes only, current MRCS and usage rates are set forth in this Section. 1.1. Local and Long Distance Line Solution. Customer will pay the MRCs indicated in the table below for Local and Long Distance Line Solution, each where available. The per -line MRCs for Local and Long Distance Line Solution include unlimited local and up to 800 minutes of Intrastate and interstate domestic outbound long distance usage (including intraLATA toll) per line. Customer will pay a usage charge — currently $.0500 per minute — for all domestic outbound voice Long Distance minutes exceeding 800 minutes per month per business line. International long distance, toll free and calling card minutes are NOT included. Verizon will install the local lines from the nearest Central Office to the location where the telecommunications provider's wiring crosses or enters a property. Customer will be responsible for all inside wiring and special construction charges. Local and Long Distance Line Solution service is described (and subject to change) in the provisions of the applicable state Tariffs. Features are described in the applicable state Tariffs. Market MRC* Utah $51 Nebraska $52 Washington $53 Iowa; North Dakota $54 Arkansas; Texas, Florida, California; North Carolina; Illinois; Connecticut; Ohio, Delaware; Michigan, Indiana; Kansas; Wisconsin; Nevada, Oregon; Missouri; Pennsylvania $56 Washington, DC $57 New Jersey; New York $58 New Mexico; Baltimore, MD, Massachusetts, Louisiana, Northern VA $59 Georgia; Arizona, Denver, CO; Mississippi; Tennessee, Minnesota, Maine; Rhode Island, South Dakota $61 Alabama, VA Rest of State $62 MD Rest of State, Oklahoma $64 South Carolina $65 Idaho; Montana; New Hampshire $66 West Virginia $68 CO Rest of State; Vermont $71 Wyoming $76 Kentucky$81 Hawaii N/A * A monthly recurring, non -discountable end user common line (EUCL) charge of $6.50 applies. No additional local number portabilitLNP) apple . VLR12ON CORFU NnAI Contract ID: 587303-00 © 2003. 2006 Vaa2on. Ail Rights Reserved Page 60( 10 PROted 1111012006 at 12:34'56 PM Contract ID: 587303-00 Verizon Business Service Agreement 1.1.1. Local and Long Distance Trunk Solution. Customer will pay an MRC, currently $61 per Trunk for Local and Long Distance Trunk Solution. The per -trunk MRC for Local and Long Distance Trunk Solution includes unlimited local usage and 800 minutes of interstate and intrastate domestic outbound usage (including intraLATA toll) per trunk. Customer will pay a usage charge — currently $.0500 per minute — for all domestic outbound voice Long Distance minutes exceeding 800 minutes per month per trunk. International long distance, toll free, Calling Card Minutes, Direct Inward Dialing numbers and local features are NOT included. A minimum of 12 trunks must be ordered at any single location. Features are provided pursuant to the applicable state Tariffs. A monthly recurring, non -discountable end user common line (EUCL) charge, currently $6.50, applies for each Trunk. No additional local number portability (LNP) applies. 1.2. Overage Local Usage Charges for Certain States. Customer will pay a usage charge — currently $.0200 per minute — for all Local minutes in excess of 60,000 per month per T-1/PRI in the following states: Delaware New Jersey Virginia Ma land New York West Virginia Massachusetts Pennsylvania Washington, D.C. New Ham shire Rhode Island 1.3. Install Charges. Except as otherwise expressly stated in this Service Attachment, install charges will be assessed for the lines, trunks, T-1s, and Voicemail Boxes covered by this Service Attachment as illustrated below. Item Charge Per Line $15 Per Trunk $20 Per T1 $200 Per Voicemail Mailbox $10 1.4. T-1/PRI Solution. Customer will pay an MRC, currently $1,325, per T-1/PRI. The per-T-1/PRI MRC includes unlimited local usage (except as otherwise set forth in the table below) and 20,000 minutes of interstate and intrastate outbound usage (including intraLATA toll) per T-1/PRI. Customer will pay a usage charge — currently $.0500 per minute — for all domestic outbound voice Long Distance minutes exceeding 20,000 minutes per month per T-1/PRI. International long distance, toll free, Calling Card Minutes, Direct Inward Dialing numbers and local features are NOT included. Features are provided pursuant to the applicable state Tariffs. A monthly recurring, non -discountable end user common line (EUCL) charge, currently $32.50, applies to each T-1/PRI. No additional local number portability (LNP) applies. 1.5. Minnesota. If Local and Long Distance Service Bundles under this Service Attachment are provided in Minnesota within the pricing ranges set forth in the Minnesota tariff for Local-CLEC Service, such pricing is offered in response to competitive marketplace conditions, as Customer asserts that otherwise it will accept another company's offer. 1.6. Local Voice - CLEC Waiver of Installation Charges. To the extent Customer orders new Local Service, Verizon will waive associated installation and other one-time charges, except for those related to disaster recovery, Telecommunications Service Priority, expedited installation, non-listed/non-published service, and any charges imposed by third parties (including access, egress, jack or wiring charges). Also, without limitation, usage and usage -related charges (e.g., taxes, tax -like surcharges, and Governmental charges) will not be waived. 2. Discounts. 2.1. Tariffed Usage. Customer will receive the following discount percentage off the Tariffed usage charges and MRCs for Local and Long Distance Service Bundles under this Service Attachment, excluding EUCL charges, Operator Service Charges and Directory Assistance. Service Type Discount off MRC Local and Long Distance Service 1 5.00% VERizoN DOM DENT [At. Contract ID: 587303-00 FJ 203. 2006 Varizon. Ni R,ghis Reserved Page 7 0110 Palled 11/10/2008 a112.34 56 PM Contract ID: 587303-00 Verizon Business Service Agreement 2.2. Overage Usage Charges for Local and Long Distance Trunk -Based Service. Any discounts applicable to Customer's Long Distance Voice Service also will apply to Overage Usage Charges. Service Type Discount off Per Minute Rate Overage Usage Charges for Trunk Based Service 1 14.70% LONG DISTANCE SERVICE Rates and Charges. 1.1. Intrastate Outbound and Calling Card Service. Customer will pay the following per minute rates, which are fixed for the Term of this Agreement, for domestic intrastate outbound (based on origination type) and calling card usage (based on switched origination). Other Long Distance rates and charges are set forth in the applicable Tariffs. Rate Per -Minute Rate Per -Minute State Switched & Card, as a licable Dedicated & Local' State Switched & Card , as a licable Dedicated & Local` Alabama $0.0599 $0,0412 Nebraska $0,0740 $0.0528 Arizona $0.1240 $0.0695 Nevada $0.0775 $0.0564 Arkansas $0.1087 $0.0742 New Hampshire $0.1022 $0,0493 California $0.0506 $0.0371 New Jersey $0.0683 $0,0458 Colorado $0.1030 $0,0582 New Mexico $0.1803 $0,0853 Connecticut $0.0669 $0,0564 New York $0.0814 $0.0528 Delaware $0.0564 $0,0493 North Carolina $0.0870 $0.0593 Florida $0.0750 $0.0360 North Dakota $0.1300 $0.0669 Georgia $0,0675 $0,0423 Ohio $0.0400 $0.0300 Hawaii $0.1350 $0.0890 Oklahoma $0.1022 $0.0634 Idaho $0.1262 $0.0592 Oregon $0.0705 $0.0528 Illinois $0.0400 $0.0300 Pennsylvania $0.0705 $0.0458 Indiana $0.0400 $0.0300 Rhode Island $0.0745 $0,0387 Iowa $0.1210 $0.0545 South Carolina $0.0740 $0.0622 Kansas $0.0901 $0.0564 South Dakota $0.1600 $0.0824 Kentucky $0.0747 $0.0564 Tennessee $0.0711 $0.0493 Louisiana $0.0618 $0.0415 Texas $0.0720 $0.0493 Maine $6.0916 $0.0458 Utah $0.0845 $0.0564 Maryland $0.0775 $0.0564 Vermont $0.0870 $0,0514 Massachusetts $0.0675 $0.0493 Virginia $0.0927 $0.0536 Michigan $0.0400 $0.0300 Washington $0.0964 $0.0556 Minnesota $0.0913 $0.0564 West Virginia $0.0964 $0.0593 Mississippi $0.0618 $0.0415 Wisconsin $0.0642 $0.0350 Missouri $0.1370 $0.0721 Wyoming $0.0712 $0,0475 Montana $0.1159 $0.0564 "Indicates pricing, where applicable, for those Customers originating/terrninating based upon call type for calls over Verizon local service. VrRizoN coNFIDGNT1AL Contract ID: 587303-00 V 2003, 2006 Verizon. All R,Mn Reserved Pe9e 8 of 10 Primed 11/1012008 at 12.34.56 FM Contract ID: 587303-00 Verizon Business Service Agreement 1.2. Interstate Outbound and Calling Card Service. Customer will pay the following per minute rates, which are fixed for the Term of this Agreement, for domestic interstate outbound usage (based on origination type) and calling card usage (based on switched origination). Other Long Distance rates and charges are set forth in the Guide Provisions for Voice Services. Origination/Termination Type Rate Per -Minute Switched/Card $0.0560 1 Dedicated/Local Network Connection $0.0380 1.3. Custom Message Announcements. Customer will pay: For Customized Announcements, an installation charge per announcement of $100.00 and a monthly recurring charge (MRC) of $50.00. • For Intercept Announcements, a per -call charge of $.07. The Custom Message Announcements feature is available only to Customers utilizing Verizon's Vnet platform who order Outbound Network Manager for use on the online Verizon Business Customer Center. 1.4. International Outbound and Calling Card Service. For international outbound and calling card service, Customer will pay the per minute rates, which are fixed for the Term of this Agreement, specified in the Guide provisions relating to Outbound Service, including Card, usage that originates in the U.S. Mainland, Hawaii, American Samoa and the U.S. Virgin Islands, and terminates in the applicable international locations (based on origination type). Customer will pay an additional per -minute surcharge for calls that terminate to mobile telephones in international locations at the rates set forth in the Guide (where applicable). 2. Discounts. 2.1. Interstate. Customer will receive a discount off the Interstate rates listed above. Service Type Discount off Per Minute Rate Interstate Outbound Long Distance and Calling Card Usage 14.70% VLRIZON CONFIDENTIAL Contract ID: 587303-00 Co 2003, 2006 Veuton All Rlglns Reamed Page 9 0110 Pnnted 1111012008 al 12'.3456 PM Verizon Business Service Agreement Promotions Attachment LD VOICE - INTRALATA PIC FEE CREDIT PROMOTION For new and existing Customers who (i) enroll in this promotion by January 31, new line with MCI Legacy Company` intraLATA toll service (the "Promotional where the ANI is switched to Verizon from another preferred interexchange IntraLATA PIC fee invoice credit equal to five United States dollars (U.S.$5.00). Contract ID: 587303-00 2009, and (ii) order from Verizon a Line") under applicable state Tariffs carrier. Verizon offers a one-time To receive the benefits of this promotion, each such new Promotional Line must be ordered on or before February 28, 2009 and installed on or before March 31, 2009. The promotional credit will be applied to the interstate services on Customer's third or fourth invoice. This promotion is described (and subject to change) in the Guide provisions relating to the IntraLATA PIC Fee Credit Promotion. "MCI Legacy Company' is one or more of MCI Communications Services, Inc. d/b/a Verizon Business Services; MClmetro Access Transmission Services LLC d/b/a Verizon Access Transmission Services; MClmetro Access Transmission Services of Virginia, Inc. d/b/a Verizon Access Transmission Services of Virginia; and MClmetro Access Transmission Services of Massachusetts, Inc. d/b/a Verizon Access Transmission Services of Massachusetts. LD VOICE - INTERLATA PIC FEE CREDIT PROMOTION By enrolling in this promotion, new and existing Customers who order Verizon Switched Long Distance or Switched Outbound Long Distance — Voice VPN service under applicable tariffs and switch the ANI from another preferred interexchange carrier to Verizon Business will receive a one-time InterLATA PIC fee invoice credit for each such ANI equal to US$1.25 up to a maximum of 1,000 ANIs per customer. This promotion is described (and subject to change) in the Guide provisions relating to the InterLATA PIC Long Distance PIC Fee Credit Promotion. VERILON CONFIDENTIAL Contract ID: 587303-00 02003. 2006 Verizon. All RIghls Reserved. PaQ0 10 o110 Primed 11110/2008 a112-3a%PM V0/'i�tfbusiness Quotation roc.. City of La quints 79440 Corporate Center Dnve. Suite 119 La Quinta, CA 92253 Pricing for LOCAL EXCHANGE SERVICE - California Account Mgr. Brett Blackwell Telephone No.: (877)336-2078 Opt 1, Ext. 2071 Sales Engineer: Carol Martin Date: ITR7 008 OneView ID: 1-OC2J2W Monthto Month Rate Month to Month Total OneYear Rater One Year TO sal Three Year Rater ThreeYear Total ERIZON CALIFORNNINC.."tH2Ou ILE car. P.U.O. No. el ® Measured -Rate Service, each line 10 5 10 S 23.89 $ 1.50 $ Z64 $ 238.90 $ 7.50 $ 76.40 $ 19.95 $ 1.50 $ 7.69 S 199,50 $ 7.50 $ 76,40 $ 17.95 $ 1.50 S 7.64 5 179.5D $ 7.50 $ 76,40 Rotary Service, each line Interstate Access Charge T TAL O� 322.80 L283.40 263.40 1 The Central Office Activity charge is not applicable to the initial installation of new or additional lines. - I noun I vry bnHrslcJ - Montn to Month ® RA E TOTAL SERVICE ORDER ACIII III VM First central office line on order Each atltlitional central office line on the same order 1 9 $ 49.57 $ 27.49 $ 49.57 $ 247,41 CENTRAL OFFICE ACTIVITY Each central office line 10 $ 35.25 $ 352.50 OUTSIDE FACILITY CONNECTION CHARGE Each service oNer 1 5 86.64 $ 86.64 T AL O 736.12 INSTALLATION CHARGES -Term Plan ® E T TAL SERVICE ORDER ACTIVITY First centre) once line oa order Each additional central once line on the same order 1 9 $ 49,57 $ 27.49 $ 49.57 $ 247.41 CENTRAL OFFICE ACTIVITY Each central once line 0 5 OUTSIDE FACILITYCONNECTION CHARGE Each sewiceorder 1 5 86.64 S 86.64 T TAL 383.62 PROPRIETARY STATEMENT ThietlOcument aM an,o ldlhee matenals are IM1e sole oropeMo/ Vsti on Business aMare not to Muse0 byes. "or "an to evaluate Vdmon Bushedes service Rates Wooded 11/40008