HomeMy WebLinkAboutAgreement_General_3/14/2019_AirespringVILLAGE OF TEQUESTA
CONTRACT FOR INTERNET ACCESS SERVICES
THIS CONTRACT FOR INTERNET ACCESS SERVICES ("Contract") is
entered into and effective this da of f ebr4 019 b and between the VILLAGE L L
y � y AGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter "the Village"; and AIRESPRING, INC., a Foreign profit corporation with its
principal office located at 7800 Woodley Avenue, Van Nuys, California 91406, hereinafter "the
Contractor" and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract
whereby the Contractor shall provide Internet access services to the Village as specified in the
Order Form and Term Plan which is incorporated into and made a part of this Agreement and
attached hereto as Exhibit "A".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the prices provided in the Order Form and Term Plan in Exhibit "A".
3. INSURANCE AND INDEMNIFICATION: If requested to do so, the
Contractor shall provide proof of workman's compensation insurance and general liability
insurance in such amounts as deemed sufficient by the Village and shall name the Village as an
"additional insured" on the liability portion of Contractor's general liability insurance policy. The
Contractor will defend and indemnify the Village, its employees, directors, officers and agents,
from and against any suit, proceeding or other claim brought by an entity (not a party to or an
affiliate of a party to the Order Form and Term Plan, set forth in Exhibit "A", that is caused by,
arises from, or relates to damage to real or tangible personal property or personal injuries
(including death) arising out of the gross negligence or willful act or omission of the Contractor in
the provision of services by the Contractor.
Notwithstanding anything to the contrary contained herein or in Exhibit "A", the Village's
obligation to indemnify, defend and hold the Contractor, its officers, directors, employees and
agents harmless shall be limited to the amounts set forth in Sec. 768.28, Florida Statutes, including
limits on award of attorney's fees. The Village does not waive its sovereign immunity beyond said
limits set forth in Sec. 768.28, Florida Statutes. Nothing contained herein shall be construed as
the Village's consent to be sued.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes.
5. TERM; TERMINATION; NOTICE: The term of this Agreement is for the term
set forth on Order Form and Term Plan in Exhibit "A". The Contract may only be terminated in
accordance with the terms and conditions on such Order Form and Term Plan. If termination is
undertaken according to Exhibit "A" then the following addresses shall be used for notice of such
termination:
Village
Contractor
Village of Tequesta
AireSpring, Inc.
345 Tequesta Drive
7800 Woodley Avenue
Tequesta, FL 33469-0273
Van Nuys, CA 91406
Attn: Director of Public Works
Attn: Legal Department
6. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agrees that this Contract is not a contract for employment and that no relationship
of employee—employer or principal—agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
Page 2 of 6
8. CHOICE OF LAW: VENUE: This Contract shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regard to this Contract.
9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
provision of goods called for in this Contract without prior written consent of the Village, except
that the Contractor may assign this Contract without the prior written consent of the Village to the
acquiring or surviving entity ("Resulting Entity") in the event of a sale or merger of Contractor or
a sale of substantially all of Contractor's assets to the Resulting Entity, provided the Resulting
Entity agrees in writing to be bound to the terms and conditions of this Contract.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews, or investigations.
All parties doing business with the Village shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct,
and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Proposal or Bid. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be subject to attorney's fees and
costs pursuant to Sec. 119.070 1, Florida Statutes, and other penalties under Sec. 119. 10, Florida
Page 3 of 6
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal or
Bid are not disclosed except as authorized by law for the duration of the Agreement term, and
following completion of the Agreement if the Contractor does not transfer the records to the
Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to
the Village, all public records in possession of the Contractor, or keep and maintain public records
required by the Village. If the Contractor transfers all public records to the Village upon
completion of the Agreement, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the Agreement, the Contractor shall meet
all applicable requirements for retaining public records. Records that are stored electronically
must be provided to the Village, upon request from the Village's custodian of public records, in a
format that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmcwilliams(a teguesta.orj!, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
12. INTERPRETATION: In the event of an ambiguity or question as to the meaning
of any provision of this Agreement, or a conflict, or inconsistency between similar terms,
conditions, or language between or within this Agreement and the provisions of any exhibit or
schedule attached hereto or any document referred to herein, the terms of this Agreement control.
13. SEVERABILITY: The invalidity, illegality or unenforceability of any provision
of this Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from the Agreement
and the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void.
Page 4 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date
and year first above written.
WITNESSES: AIRESPRING, INC.
Lori McWilliams, MMC
Village Clerk
By: David Lonstein, Executive Vice President
On: February _, 2019
(Corporate Seal)
VILLAGE OF TEQUESTA
Page 5 of 6
EXHIBIT "A"
CONTRACTOR'S ORDER FORM AND TERM PLAN
Page 6 of 6
• .•, .. . .
plr��g *Carrier: AireSpring
J 1J1
spring
IP Provider: AT&T
Quote ID#: 1121789927 Channel Mgr: Charlie Lomond
`Quote Expiration: 02/27/2019 "Agent: TIFFANY SOTH
Sales Support: 844-832-8514
'Proposal
ID#: 154435
Email to orders@airespring.com or Fax to 888-899-2928 Agent ID: TCL0848
OMR#: Submitted By: Gabriel Valderrama
IMPORTANT -- ALL BOLDED FIELDS WITH AN ASTERISK (*) MUST BE COMPLETED
PHYSICAL • •
`Order Type: New: ❑ Move: ❑ Upgrade: ❑
'Company Name:
*Location Name:
Existing Customer Number:
Separate bill
Elfor
The Village of Tequesta
Tequesta
this location?
`Physical Address:
'Suite:
Bldg./FI.IRm:
'Billing Address: (if different)
357 TEQUESTA DR
'City:
'State:
'Zip:
`City:
TEQUESTA
FL
33469-3088
MPOE: (Location in building where telephone company installs circuit. Eg. basement, telco closet) State: Zip:
CONTACT• •
"Name Title 'Phone Mobile Phone E-mail
Customer Contact:
Technical/Vendor Contact:
On -Site Contact:
THE FOLLOWING INITIALS & SIGNATURES ARE REQUIRED
1) Initials on all Pages at the Bottom Left. =nature on the bottom of "Term and Usage Agreement."
3) If Porting Numbers, signature required on "Letter of Agency," and current phone bill
co fes are stron I recommended. 4.) New Customers —Complete and Sign "Credit Application."
INTERNET CIRCUIT INFORMATION AND PRICING
*Capacity: *Site NPA/NXX: 7 *Term:
G -E 1000
561-768 13 -Year
*Loop MRC: Loop NRC:- 'Port MRC: 'Port NRC:
$935.45 50.00 $745.00 $0.00
'Optional Managed Router MRC: `Optional Managed Router NRC:
$40.00 $0.00
`Managed Router/Gateway Shipping & Handling (Ground Shipping): $24.73
Expedited Shipping Additional
For speeds above 100 Mb, if customer requires Network Address Translation (NAT) an upcharge may be applied.
If customer requires a fiber/SFP/Mini-GBIC handoff, additional equipment upgrade MRCS will apply.
Broadband connectivity speeds are listed as BB in the Capacity Field.
1 Year MRC 2 Year MRC 3 Year MRC
Device WAN/LAN Ports AC Power
MRC NRC MRC NRC MRC NRC
ADTRAN 908e 1 RJ45 Gig -E, 2 RJ45 Fast -E 110 VAC $100.00 $50.00 $50.00 $50.00 $35.00 $0.00
NetVanta 6250 1 Combo' SFP/RJ45 Gig -E, 3 RJ45 Fast -E 110 VAC $210.00 $100.00 $105.00 $100.00 $75.00 $0.00
NetVanta 6360 1 SFP Gig -E, 1 Combo` SFP/RJ45 Gig -E, 3 RJ45 Gig -E 110-240 VAC $260.00 $170.00 F$135.00 $100.00 $95.00 $0.00
*Use of the SFP port disables the corresponding RJ45 port
DEMARC EXTENSIONCHARGES
$300.00 per T1 -- includes up to 2 hours of labor and 100 feet of Catse cable.
Additional labor: $125.00 per hour, billed in 15 minute increments. Additional Cat5e cable: $.25 perfoot.
Fiber and EOC demarc extensions — ICB pricing
INSTALL TIMEFRAMES + • EXPEDITES
Customer understands and accepts the following estimated installation timeframes:
90 days for services which utilize a Fast -E circuit, 120 days for services which utilize a Gig -E circuit, 60 days for services which utilize all other
circuit types. Actual installation timelines vary by underlying carrier and loop provider and are dependent on multiple factors, including
construction requirements, availability of facilities and other variables.
Paid Expedites: Customer may request an expedite for an additional fee. All expedites must be approved by Airespring.
NOTE: Airespring cannot ever guarantee any installation timeframes including paid expedites.
Page 1 of 6
*Customer Initi
ADDITIONAL
Desceiption
SERVICES
Term
Quantity
MRC
NRC
For more information on firewall throughput and user guidelines, click here.
AIRETXT SMS SERVICES
Text to/from Landfine or Toll Free Quantity 1MRC
Initial Line + Message Bundle Select from Dropdown
$10.00
$10.00 1000 Messages included
$0.025
Additional Lines
$1.00
$1.00 N/A
N/A
Additional Message Bundles
(Messages re shared across all lines ordered) $5.00 $5.00 500 Messages included $0.025
IP ADDRESS INFORMATION
All IP addresses are subjectito approvalfrom the underlying provider based on an IP Address Justification Form completed by customer. All prices VIRC unlessothe�e noted.
CIDR Public Usable AireSpring AltIce AT&T Comcast Corricast Cox
1ps 1ps IP (Fiber) (ABF/DSL) 'Fiber) (Cable) (Cable)
GCAP/ Lightower SPeCtrllrn Spectrum TPAC venzon Windstrearn
Megapath (Fiber) (Cable) (F -TI)
zavo
124 2S6 253 5200 $300 ICB N/A ICB ICB
550 $768
$200 1 N/A $100 ICB
Cii
$769
Orders of up to 256 IP Addresses from AT&T Fiber/DS1, CenturyUnk Fiber/DSI, FaIrPoint, Verizon Fiber/DS1, Cox Fiber, Frontier Fiber, and XO are free. Orders of more than 256 IP Addresses are ICB.
*If Customer is using Airespring CPE one usable
SUMMARY
-Tota do" not include any SeonCels Of equiPMOin not OFC!Oledas Weil As Auvl"XT. Conne"ficl in
Usage l(exduding bundles), Other Seonces I Features i Fees, LNP. Conligwat,on and Tlammg, Sf!e7-
Demarc Extension Charges, or IP Addresses
IP address must be assigned to this CPE.
TOTALS
'Total does not include any lw,�ices or equipment not ordervd. as well as AjreTXT. Domestic international Offshore
Usage (excluding tundles). Other Senticas; Features I Fees, LNP, Configuiratioil and Training Shipping, Expedite Ffts.
Dernarc Extension ChaiUes, or IP AddreSSOS,
Charges do not include additional surcharges and government mandated taxes, A full list of current Airespring surcharges may be found at. ttq)'41��Lv�� jer WA
Page zoro
BY SIGNING THIS APPLICATION CUSTOMER IS AWARE OF
AND AGREES TO THE FOLLOWING TERMS OF SERVICE:
PHYSICAL CONNECTIVITY REQUIREMENTS
For all connectivity services: Customer is responsible for ensuring there are adequate facilities at the premises' primary minimum point of entry ("MPOE") to receive Airespring's
service, including power and backboard / rack. Customer is also responsible for providing any wiring/demarc extension beyond the primary MPOE.
All orders are subject to facility availability, which cannot be verified in many cases until a site survey has been completed. Ability to deliver service to Customer's facility may
require construction that could result in extended timelines, additional upfront/one time build -out costs and/or increases to the Monthly Recurring Charge (MRC).
A qualified vendor/technician must install the equipment and service at Customer's sole expense. Airespring cannot process orders without a vendor/technician involved in the
order process.
For Fiber Ethernet Services: Customer requirements and responsibilities for site readiness are detailed in Airespring's Ethernet Service Installation Guide, which can be found at
http://www.airespring.com/terms/Ethernet Srvc Installation. Cancellation charges as listed in the contract will be applied in the event that customer has not complied with the
provided requirements, or excessively delays installation.
• For Ethernet over Copper and Broadband Services: Ethernet over Copper (EOC) and Broadband services are subject to distance limitations as well as availability of copper
facilities. Airespring's pricing is based on estimates of distance to the local CO and availability, but the actual availability, pricing and capacity can only be determined by a field
technician in the course of turn -up. These factors may result in unavailability of EOC or broadband service or necessity to downgrade from the requested speed.
Fast Ethernet and Gig Ethernet circuits may be delivered over multiple technologies, including but not limited to Ethernet over Fiber, Ethernet over Copper, Ethernet over Coax,
and Ethernet over DSL. Speeds of 20Mbps and under are usually delivered over copper. If customer requires their Fast/Gig Ethernet circuits to be delivered over optical/fiber,
customer must notify AireSpring in advance.
The actual bandwidth that can be delivered on a broadband service will not be determined until the time of service installation. The connectivity speeds listed on the order form
are maximum connection speeds. Actual upstream and downstream speeds may be lower due to various factors including but not limited to network and Internet congestion,
wiring inside Customer's location, equipment and computer configuration, and the speed of web sites accessed on the Internet. Performance levels, including but not limited to
transmission rate, throughput, and packet loss, are not guaranteed or warranted in any way, nor shall Airespring be required to provide credits, refunds, or other remedies with
respect to performance levels, service quality, or the like.
All Airespring Broadband and Wireless Services (including, but not limited to DSL, ADSL, SDSL, Asymmetrical Ethernet, Cable, DocSIS, Co -Ax and FTTI) are a "best efforts"
service and are not subject to service levels or outage or other credits. For the avoidance of doubt, Airespring shall not be liable for any interruption or failure of web links or sites,
voice services utilizing such broadband or wireless service, hostile network attacks, denial of service attacks, or failure of the Internet generally.
• Airespring will not add or run any cabling, unless previously contracted or agreed to provide such service(s).This connection will be made using your existing and available
cabling which should already be in place.
ADDITIONAL GUIDELINES AND REQUIREMENTS
AireSpring's is NOT responsible for the installation or support of a customer's over -head paging system. Customer is responsible to work with a third party vendor to connect and
test the functionality and compatibility of AireSpring services with their system.
In the event customer uses a third party vendor for installation, testing, or for any other services related to AireSpring services, AireSpring will not cover the associated costs.
Customer is solely responsible for disconnecting any services from another provider and AireSpring will not be liable for any fees or costs associated with failure of customer to
disconnect such services.
No specific telephone number(s) are guaranteed until they are installed and in operation. If customer prints or provides information with specific telephone number(s) prior to
installation, AireSpring will not be liable for any costs incurred by customer in the event such numbers are not available.
If an installation Field Engineer is dispatched for the purpose of installing facilities or any other labor at customer premises, and is turned away by the customer, is denied access
to the MPOE or Demarc location or begins the installation and is then instructed by the customer to not complete the installation, customer will be assessed a Dispatch Fee.
In the event customer changes a scheduled due date less than six business days from the due date, customer will be assessed a rescheduling fee. Please be advised that
changes to a scheduled due date can impact service delivery timelines.
INTERNET
• Internet service is designed for "best efforts' Public Internet access and, while it may be possible to utilize the service for Voice over IP (VoIP) or Video applications, Internet service is not
specifically engineered for such applications. Therefore, Airespring cannot guarantee, nor will trouble shoot video or voice quality, latency, and jitter issues over Internet service. Airespring's
sole responsibility in such cases will be to verify connectivity to the Public Internet. Customer will be responsible for the full term commitment of the Internet service ordered, irrespective of
the workability or non -workability of any particular application (other than basic Internet Access) that Customer is trying to use the Internet service for.
• If the Customer desires to transmit Voll? or Video, Airespring offers solutions specifically engineered for such applications. Please discuss these with your sales representative or with an
Airespring Sales Engineer.
• Customer is responsible for all issues on Customer's LAN and internal network, including firewalls, switches and wiring/cabling.
• There are many types of bandwidth speed tests, including various public speed test websites. These sites are subject to inaccuracy and variable results, and do not provide scientific or reliable
data for troubleshooting by Airespring. Airespring will not accept speed test results from such websites.
• Airespring and its underlying providers will only utilize Iperf or RFC -2544 testing terminating to on -net facilities which are considered industry standards for speed performance testing.
Because of additional overhead necessary for transmission protocols and routing, the measured speed will always be less than the rated speed of the connection. Throughput and other testing
that includes customer equipment, firewalls and networks may experience further reduction in throughput and will not be considered valid for testing purposes.
MULTI -CLOUD CONNECT
Page 3 of 6
'Customer Initial:4/iz
Multi -Cloud Connect speed cannot exceed the Connectivity speed, or SD -WAN in -tunnel bandwidth. Not available with wireless connections. For Internet, Wholesale DIA,
or Managed Connectivity circuits, Multi -Cloud Connect is only available on Airespring IP connections.
Page 4 of 6
'Customer Initial:
The term of this Agreement will be for a period of *3 -Year from the Start of Service Date. The Start of Service Date shall be the earlier of i) the
Customer's first use of the service, ii) five (5) business days after Circuit Ready Date, regardless of whether all Services (including voice) have been
turned up and regardless of Customer readiness, or iii) five (5) business days after the start of a "Customer Delay of Circuit Installation". "Circuit Ready
Date" is the date the Customer's circuit is active, as notified by the underlying provider. "Customer Delay of Circuit Installation" is defined as an
occurrence of Customer directly or indirectly delaying or impeding AireSpring's underlying provider from installing and/or testing Customer's access
circuit/loop. Customer indirectly delays the underlying provider if the Customer site is not ready to accept Services, or if the Customer's employees,
contractors, suppliers, vendors, agents, assigns, property owner, property manager, or landlord does not allow, blocks or delays AireSpring's
underlying provider from installing or testing the access circuiUloop. Customer networking issues, whether the result of improper network design,
equipment issues, or incorrect information supplied to AireSpring by or on behalf of the Customer, shall not relieve the Customer of the obligation to
pay for the Service, including circuit charges, beginning on the Start of Service Date. In the event Customer places an order on hold or delays or
impedes AireSpring from expeditiously submitting Customer's order to underlying carrier, Customer pricing may change as notified by AireSpring.
Orders placed on hold may require customer approval to proceed with implementation. Upon completion of any initial or any renewal term commitment,
or if no term is specified above, this Agreement shall automatically renew for successive one-year terms. Customer contracts to pay the Monthly
Recurring Charges as listed above for the term of this Agreement, or $250 per account, whichever is greater, for the term of this Agreement By signing
this Agreement, Customer agrees to pay all applicable circuit port, loop and Equipment MRC charges in advance, and any usage/overage charges in arrears.
Customer's first bill shall include pro -ration of first month's service, as well as any NRC's. In the event Customer terminates this Agreement after the Start of Service
Date but prior to the end of the applicable term, Customer shall pay to AireSpring on demand, as liquidated damages and not as a penalty, an Early Termination
Liability charge ("ETL") equal to the sum of i) one hundred percent (100%) of the Monthly Recurring Charges ("MRCs") for loop/circuit charges for all of the months
remaining in any applicable term, ii) one hundred percent (100%) of MRCs for all other charges for the remaining months in the initial twelve months of the term, iii)
eighty percent (80%) of the MRCs for all other charges for the remaining months in months 13 - 24 of the term, and iv) seventy percent (70%) of the remaining
MRCs for all other charges for the remaining months in the term, namely month 25 and after. With respect to Customer terminating the Agreement after the
submission of paperwork to the underlying carrier but prior to the Start of Service Date, the ETL will be equivalent to Customer terminating during the initial twelve
(12) months as described above. In the event Customer terminates this Agreement prior to the submission of paperwork to the underlying carrier Customer shall be
subject to the following fees: $1000 per DS-1/EOC/Broadband (BB) circuit or $3000 per Fast -E or similar circuit. All local loop circuit install charges are quoted with
install to the Local Exchange Carrier assigned building demarcation point (Demarc). AireSpring will pass through any costs associated with extending wiring beyond
the Demarc. AireSpring managed routers are pre -configured and sent to Customer to be self -installed, if Customer requests a professional installation AireSpring will
charge Customer an installation fee of $1000. In conjunction with the services ordered, AireSpring may provide Customer with Customer Premises Equipment
(CPE) on a rental or included basis. If service is terminated for any reason, Customer must return all AireSpring and underlying carrier provided equipment within 30
days of termination, or Customer will be billed for the full new cost of the equipment. Additionally, a 20% restocking fee of the undiscounted, retail price of AireSpring
provided devices shall apply and be paid by Customer for all equipment returned unopened to AireSpring and in original packaging within 30 days of shipment to
Customer and prior to Start of Service. It is not necessary to return Equipment purchased by Customer. All services provided to Customer by AireSpring are
governed by the terms of a Master Service Agreement, which may be found at www.airespring.com/terms and AireSpring's Acceptable Use Policy, which may be
found at www.airespring.com/aup, both of which are incorporated into this Agreement by this reference. This Agreement represents the entire agreement between
the Parties and supersedes and merges all prior offers, agreements, promises, understandings, statements, representations, warranties, indemnities and
inducements to the making of this Agreement relied upon by either Party, whether written or oral, between or among Customer and AireSpring as well as
AireSpring's agents, employees, and/or sales persons. This Agreement is voidable by AireSpring if the text is modified without the written or initialed consent of an
AireSpring Officer. Except as may otherwise be provided herein, any amendments or modifications to this Agreement must be in writing and signed by an
AireSpring Officer. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Customer hereby irrevocably submits
to the personal jurisdiction of and consents to venue exclusively in any state or federal court sitting in the State of California, County of Los Angeles, in any suit,
action, or proceeding arising out of or relating to this Agreement. Customer hereby irrevocably waives, to the fullest extent permitted by applicable law, any
objection which such party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim
that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. Customer hereby expressly waives the right to a trial by
jury in any action or proceeding brought against customer relating to this agreement. Upon completion of any initial or renewal term commitment, (or in the event of a
move, upgrade, downgrade, or change of underlying carrier,) any disconnection request by customer must be provided in writing 45 days prior to the requested
disconnection date and customer will continue to be billed until after the disconnection is completed, or 45 days after disconnection notice, whichever is greater.
Customer agrees that AireSpring may request credit information from third parties and authorizes the release of such information from the customer's financial
institution as part of this application for credit.
Company Name: The Village of Tequesta
Signature
rolarl,"Imisma
*Customer Initi . -674Z
aAb►Qo,,�l �►�.erina.n
*Print Name
SLI—_)t�—
.Contact Number
Page 5 of 6
pr ?
*Title *Date
AIDGCDDIAIr rDCnlT ADDI IrATInKl
Required if Customer does not have an existing Airespring.
CONTACT & ACCOUNT INFORMATION
CUSTOMER NAME: The Village of Tequesta
BILLING ACCOUNT NAME (IF DIFFERENT):
*SERVICE ADDRESS: 357 TEQUESTA DR
BILLING ADDRESS (IF DIFFERENT).
*CITY: TEQUESTA
STATE: FL
*ZIP: 33469-3088
CITY
STATE
ZIP.
*SERVICE CONTACT/TITLE:
BILLING ADDRESS CONTACT
PHONE
FAX
PHONE
FAX:
'CONTACT E-MAIL — IMPORTANT
(FOR CONTACT PURPOSES ONLY):
CONTACT E-MAIL -- IMPORTANT
(FOR CONTACT PURPOSES ONLY):
'FULL LEGAL NAME (PER CORPORATE CHARTER OR DBA):
❑ CORPORATION
❑ GENERAL PARTNERSHIP
*❑ LIMITED PARTNERSHIP
*❑ LIMITED LIABILITY COMPANY
❑ SOLE PROPRIETORSHIP
❑ NONPROFIT ORGANIZATION
*❑ HOME BUSINESS
*❑ OTHER:
INCORPORATION DATE: I STATE:
CURRENT SVC PROVIDER:
REQUIRED: INCLUDE COPIES OF PAYMENT SUMMARY PAGE
FROM 3 RECENT BILLS FROM YOUR CURRENT SERVICE
PROVIDER
'WILL THE SERVICE PROVIDED BY AIRESPRING BE USED FOR WHOLESALE OR RESALE PURPOSES?
❑ YES
❑ NO
IS YOUR COMPANY/ORGANIZATION TAX EXEMPT?
IF YES, ATTACH AIRESPRING TAX EXEMPTION FORM (OBTAIN FROM YOUR AIRESPRING AGENT)
El YES
❑ NO
`ESTIMATED MONTHLY USAGE:
$
'TYPE OF BUSINESS:
*YEARS IN BUSINESS:
Punless paperless billing is requested. If requestlease note: $5 monthly fee per invoice will be charged
ed,
paperless billing will apply to all customer accounts.
PAPERLESS BILLING ❑YES ❑ NO
*EMAIL ADDRESS:
(Must be provided for paperless billing)
INTERNATIONAL USAGE
OPEN INTERNATIONAL TRAFFIC TO 011 DESTINATIONS? ❑ YES ❑ NO
ESTIMATED % OF INTERNATIONAL TRAFFIC:
MAIN COUNTRIES CALLED.
CREDIT INFORMATION
*1. OWNER/PARTNER NAME:
SOCIAL SECURITY # (NOT FEIN):
2 OWNER/PARTNER NAME
SOCIAL SECURITY # (NOT FEIN):
Dun & Bradstreet Number:
BANK INFORMATION II,,
'Bank Name:
*Bank Phone Number:
'Bank Account Number: *Bank Contact Name:
ALL ITEMS BOLD AND MARKED WITHANASTERISK•- • D• •RORDERSMISSING
MANDATORY INFORMATION MAYBE RETURNED FOR COMPLETION WITHOUT PROCESSING.
CERTIFICATION & AUTHORIZATION
I certify that all the information contained in this application and any attachments are true and correct. Service is provided under Airespring General
Terms and conditions. (Please visit www.airespring.com/terms for a complete and updated description of the terms of service)
I AGREE THAT AIRESPRING MAY REQUEST CREDIT INFORMATION FROM THIRD PARTIES AND I AUTHORIZE THE RELEASE OF SUCH INFORMATION
FROM THE CUSTOMER'S FINANCIAL INSTITUTION AS PART OF THIS APPLICATION FOR AIRESPRING CREDIT.
i nature lican . /
*Printed Name of Applicant:
*Title of Applicant: m L)✓,
Page 6 of 6
*Customer Initial,
f
• •
airespring
Cloud, Fully Managed and Connected
Requested
Cloud Telecommunications
Services Proposal
Specifically Prepared For:
The Village of Tequesta
Presented By:
TIFFANY SOTH
Telarus
in partnership with:
Ai reSpri ng
Company: The Village of Tequesta
Agent: TIFFANY SOTH(1 �i�'5�1�1
Date: 02/07/2019 ,CL Full, Managed and Conno:ttsd
AireNMS Network Monitoring Service
24/7 network monitoring and alerting for AireSpring provided routers and gateways.
1 AireCare Customer Portal
AireSpring's 24/7 online billing, reporting, and service admin portal.
Quote ID: 1121789927
Proposal: 154435
Expires: 02/27/2019
FREE $0.00 FREE $0.00
V
!1$0
.1
ubtot\$0.00
.00
1 Gig Ethernet - 1000 Mb/s - Loop $935.45 $0.00
1 Gig Ethernet - 1000 Mb/s - Port $745.00 $0.00
1 Fully Managed Router/Gateway - CISCO 4948 $40.00 $0.00
All orders are subject to engineering, pricing and facilities verification.
Lori McWilliams
From: Brad Gomberg
Sent: Tuesday, February 4, 2020 4:33 PM
To: Lori McWilliams
Cc: MaryAnn Grieser
Subject: Re: FOURTH REQUEST: FW: Airespring, Inc. Agreement
They never returned it. I requested it several times. I'm not sure what else I can do.
Thank you,
Brad Gomberg
IT Director
The Village of Tequesta
561-768-0554
561-252-1079 C.
www.tequesta.org
On Feb 4, 2020 3:45 PM, Lori McWilliams <lmcwilliams@tequesta.org> wrote:
Brad,
Please send me the fully executed agreement for Airspring. The agreement was sent to you on 3/16 with a
memo asking you to get the provider to sign it and return the original to me for the Village's official files.
Thank you,
Lori
From: Lori McWilliams <Imcwilliams@tequesta.org>
Sent: Thursday, January 16, 2020 10:03 AM
To: Brad Gomberg <bgomberg@tequesta.org>
Subject: RE: Airespring, Inc. Agreement
Importance: High
Brad,
I am going through my 2019 agreements file and see the signed agreement was not provided to me for the
official records. Please send me the finalized executed agreement so we can image it into the records and
have a completed file.
Thanks.
Lori
1
From: Lori McWilliams
Sent: Tuesday, March 26, 2019 9:35 AM
To: Brad Gomberg <bgombere@teguesta.or
Subject: RE: Airespring, Inc. Agreement
Importance: High
Hey Brad,
Do you have the signed agreement for me?
From: Lori McWilliams
Sent: Thursday, March 7, 2019 1:53 PM
To: Brad Gomberg <bgombere@teguesta.or
Subject: Airespring, Inc. Agreement
Importance: High
Brad,
Please send me the signed contract by Airespring prior to the 3/14 council meeting so I can finalize the agreement after
the meeting. Thank you.
Lori McWilliams, MMC
Village Clerk / Admin PIO
561-768-0443
PJ