HomeMy WebLinkAboutR-2000-104 RESOLUTION NO. 2000-104
' A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE SERVICE AGREEMENT BETWEEN THE
CITY OF DANIA BEACH AND FUZION WIRELESS
COMMUNICATIONS, INC., A FLORIDA CORPORATION, FOR
NETWORK SERVICES; AUTHORIZING SERVICES WITH
FUZION WIRELESS COMMUNICATIONS, INC. FOR A TERM
OF THREE YEARS FOR AN AMOUNT NOT TO EXCEED
$36,000.00; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA;
Section 1. That the Agreement between the City of Dania Beach and the
Fuzion Wireless Communications, Inc. for network services, in substantial form as
Exhibit "A", attached, is approved and the appropriate city officials are authorized to
execute it. The City Manager and City Attorney are authorized to make minor,revisions
to such Service Agreement as are deemed necessary and proper for the best interests
of the City.
Section 2. That all resolutions in conflict herewith be repealed to the extent of
such conflict.
Section 3. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS 11th D Y OF J LY, 2000.
MA OR - C(5M;I6ISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL CHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING- YES
COMMISSIONER MIKES- YES
APPROVED AS TO F RM AND CORRECTNESS:
BY: I
THO A `J. ANSBRO
CITY ATTORNEY
AGENDA REQUEST FORM
CITY OF DAN IA
Date: 07-05-06 Agenda Item#: 0
Title:
FUZION WIRELESS COMMUNICATION, INC. AGREEMENT
Requested Action:
APPROVAL OF RESOLUTION FOR THREE YEAR AGREEMENT BETWEEN CITY AND
FUZION WIRELESS COMMUNICATIONS, INC.
Summary Explanation & Background:
THIS ARRANGEMENT WOULD PROVIDE FOR ENHANCED INTERNET ACCESS FOR THE
CITY.
Exhibits (List):
1. MEMO FROM THE ASSISTANT TO THE CITY MANAGER TO THE CITY MANAGER
2. COPY OF PROPOSED AGREEMENT AND SERVICE ORDER FORM
® Purchasing Approval:
Prepared By:
JASON NUNEMAKER, ASST. TO THE C/M
Source of Additional Information: (Name &Phone)
Vern Johnson, x3636
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
0 0
s a a FLORIDA
INTEROFFICE MEMORANDUM
TO: MIKE SMITH
FROM: JASON NUNEMAKER
SUBJECT: ENHANCED INTERN T ACCESS
DATE: 7/5/00
CC: VERN JOHNSON
® RECOMMENDATION:
STAFF RECOMMENDS THAT THE CITY CONTRACT WITH FUSION
WIRELESS COMMUNICATIONS, INC. FOR WIRELESS INTERNET SER VICE.
BACKGROUND:
Staff has investigated myriad options for enhancing the current level of Internet access.
The current level of access afforded by 128k of bandwidth via dual ISDN line does not
provide a sufficient level of service.The need for more bandwidth has reached a critical
level with the increasing use of the Internet by staff for the purposes of grant research,
property appraiser access, software updates, and the online needs of the Dania Beach
Center for Success.
Staff was directed by the commission to investigate various funding options for Internet
access to see what options are available to the city. The initial pursuit was to see if
through some arrangement the city could receive "free" access through a franchise
agreement or a lease arrangement(e.g.a Nextel tower).This option is not viable because
of departmental divisions within the organizations that provide access.However,the city
may be able to offset its Internet access expenditures through future negotiations of
franchise agreements and lease agreements.
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
® Once it was determined that the city would have to enter in to an agreement for services
at a cost, staff set about investigation the most cost effective option for service. The
criteria used to evaluate potential suppliers were:
1) Monthly cost
2) Installation cost
3) Bandwidth/$
4) Expandability
5) Clarity of connection (Le. direct connection to backbone, t3 access)
After a thorough search staff found(4)potential service providers,Bellsouth,the State
of Florida,Fuzion Wireless Communications,and Ciberlynx.The table below reveals a
comparison of the (4) service providers for the aforementioned criteria
Table 1. Comparison of Internet Service Providers
Provider Cost/Mo. Installation/Router Bandwidth/$/Mo. .Expandability Connection
BellSouth $2,000 $3,000* .772 _ +
® Fuzion $1,000 No Charge 2 +++ + ++
Ciberlynx $899 $1,500" 1.7 +
State $1,500 $3,000* 1.03 +
Current 639.50 N/A .200
ISDN
*Fee for router only,installation fee not available *Waived with 36 month contract
Table 1 indicates that from a cost effectiveness perspective that Fuzion offers the most
cost effective provision of Internet services with a ratio of 2k/$1/month.This ratio far
exceeds the current .2k/$1/month provided by out current connection. Fuzion also
provides for installation at no charge and provides the highest level of expandability with
increasing levels of bandwidth available on demand up to 25 megabits.This is a level of
expandability that cannot be approached by the others.Finally,Fuzion provides a clear,
dedicated connection to the Internet backbone.
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1. Introduction
This document is a confidential internal document of Fuzion Wireless Communications, Inc., and is intended for
the use of Sales, Marketing, Operations and Finance, Product Development and Legal. It is to be updated only by
Product Marketing. Other organizations may recommend changes through the weekly Product and Opportunity
Review Board. When agreed by members of the board (representation from the above groups), new products
and services will be added to this "catalog." No products or services may be committed to a customer or potential
customers without agreement of the board. Approved products and services will be installed and maintained by
Operations, will be billed by Finance, according to the terms and conditions as agreed by the legal department.
Exceptions to this Product and Services Catalog must be approved on a case-by-case basis prior to presentation
and signature by the customer.
2. Products
General Description:
The Fuzion Broadband Network is a public network service which offers a suite of Internet broadband
access services between the Internet and a customer location via a Fuzion Hub, called AccessNOWTm.
Access speeds range from fractional T-1 to DS-3. All services are from the customer network interface in
his office, to the Internet Backbone.
Technical Description:
The following diagram describes how the service is delivered to a customer.
{ =1
6 Access Point
i transceivers
i Customer Premise Radio—
Rooftop Mounted,with
cabling to Customer Office
and LAN
6 x ATM 25
connections 3 Mile Line of Sight Distance
from Hub Station
Environmental
Enclosu
4 ° . .r with UP3
ctto(Server
155 Mbls or Wide area
other standard network
There are two types of hubs. Each Type I Hub is connected via two diversely routed fiber loops provided
by the ILEC (from fractional DS-3 thru OC-3, depending upon the traffic load through the hub. The loop
is then connected to the backbone of the Internet via service of a fiber based interexchange carrier
(Global Crossing, Qwest, or ATT, depending upon availability within a given area). Internet Level I
peering is provided via the carrier.
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Type II Hub is interconnected with at least two Type I Hubs, via Point-to-Point Microwave Radios
operating at speeds from DS-3 through OC-3 depending upon Hub traffic loads. The Hub (Type I or Type
II) contains six Adaptive Broadband 25 mbps/second point to multi-point radios, each operating over a 60
degree sector. Each radio is connected via an ATM-25 connection to the switch. It is mounted in a 19"
Rack, typically in the mechanical room on the roof of the Hub location, and contains Environmental and
UPS equipment. Hub availability (either Type I or Type II) is engineered for an availability of 99.98%
service availability.
The customer Radios are mounted within line of sight within 3 miles of the hub location, typically on the
roof of the customer location. Power is supplied through a mini-UPS system, and to 110VAC service of
the building. Service is led from the radio antenna through the roof to the customer premise via Category
5 Cable. Termination to the customer premise equipment is via 10-Based-T using a RJ-45 connector.
Customer access speed from .5mbits/sec through 10Mbps/sec. is provided via 10-based-T connections.
Speeds between 11 Mbps/sec. and 25Mbps/sec. are provided via ATM-25 connections.
Equipment
Adaptive Broadband (Bandwidth, up to 25 mbps; Range, 3 miles):
AB-Access is a broadband fixed wireless access network for Internet, data, video and voice applications.
Telecommunication operators and Internet Service Providers use AB-Access to enhance or replace existing
networks, wired or wireless, or to develop new networks. AB-Access operates in various frequency bands,
licensed and unlicensed. AB-Access has been designed with the needs of today's and tomorrow's service
O operators foremost in mind. Rapidly deployable, scalable and economical, AB-Access maximizes use of
bandwidth and provides high-speed communication in the 5GHz U-NII, MMDS, and 3.5 GHz frequency bands.
Those opportunities requiring the use and implementation of equipment other than Adaptive Broadband, must be
brought before the Product and Opportunity Review Board for consideration. Individual quotes and proposals
presented to the Board will be approved on a case-by-case basis. This includes those opportunities requiring the
use of Breezecom equipment, as well as any DSL product offerings.
Mechanical Considerations:
13 Maximum radio to customer cable length: 250 Feet
■ Maximum power access distance to rooftop antenna: 250 Feet
® Customer antenna site must have clear line of site view of Hub Location, with no blocking by
buildings or temporary structures, trees or leaves.
® Maximum vertical cable length is 4 floors between antenna and customer termination.
® Fuzion engineers must have physical access to the antenna site in order to install and maintain
service.
• External temperature must be between—20OF and +130°F.
® Adheres to Miami/Dade County, FL hurricane standards for wind velocity.
Network Interface Requirements:
1. FUZION provides one IP address for the network, one IP address for the radio and a 252 subnet mask.
Due to the limited availability of IP addresses worldwide, any requests for more than 5 IP addresses
must be accompanied by Fuzion's IP justification form(see attachment). Delivery of large blocks of IP
addresses may take 4-6 weeks after justification is approved. Customers must utilize 80% of all IP
addresses received within 3 months.
2. Standard interface specifications require an RJ 45 connection.
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3. A proxy server or firewall is not provided with either an Ethernet or ATM port. Equipment and support
services are available upon request and will be sold separately on an availability basis.
Maintenance Policy:
Maintenance on our technology and services are provided (as outlined in the Service Agreement) at no additional
expense during the hours of 8AM-6PM, Monday - Friday. If it is determined that the fault of the equipment is due
to services beyond the scope of the Service Agreement, Maintenance will be provided at a fee of$175/hour. After
hours maintenance may be available at a rate of$250/hour.
Installation Intervals:
Installation intervals for new service are 15 working days from signature of order and subject to credit approval.
Service interval for service upgrade to a higher speed is one working day, if capacity is available within the sector.
Service Performance:
Service Availability from the Customer Interface through the Internet connection to the web server, is
targeted at 99.999% measured on a month by month basis. MTTR is targeted at 3 hours for a
catastrophic failure during the period of time from 7:OOAM to 7:OOPM local time, and 5 hours outside of
that time frame.
Transfer Speeds:
• Speed of service is generally a function of the service option ("Band" and speed within band), and the
loading on the circuit. Any connection using Ethernet, has an overhead (headers specifying source,
destination, service, etc) of between 30-40% of a data packet sent through a line.Therefore a customer
gets ACTUAL DATA throughput of about 60-70% of a designated speed. This is true industry wide. For
example, if a customer has T1 (1.54Mbits) service, they actually get DATA throughput of about 1.1-1.2
Mbps. ATM, however, is 20% overhead and 80% ACTUAL DATA.
Service Level Agreement:
Fuzion's goal is to maintain specified bandwidth network availability at 100%.
Fuzion's goal is to maintain average roundtrip delay of 90 milliseconds, from customer premise to Internet Level 1
peering point.
Fuzion's goal is to report service interruptions within 15 minutes or less after determination that the Customer's
Services are unavailable.
Fuzion's Network Availability Service Level Guarantee("Guarantee") is that the Fuzion Network will be available
99.999% of the time. The Fuzion Network is the combination of Fuzion-operated equipment, servers, circuits, and
other data transmission facilities comprising Fuzion's TCP/IP wide-area network in the regions listed below.
Fuzion's Network Guarantee will be measured based on the number of minutes that the Fuzion Network was not
available as determined by Fuzion based on the following conditions ("Unavailability").
Network Availability: 99.999%
Service Credit:
If Fuzion determines that the Network is Unavailable for one (1)or more consecutive hours during any calendar
month, Fuzion, upon the customer's request,will credit the customer's monthly invoice the prorated charges of
one (1) day of the Fuzion service fee for each consecutive hour during standard business hours, 8AM— 6PM, up
to a maximum of seven (7) days per month.
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To receive the credit if this Guarantee has not been met, Customer must contact Fuzion's customer service group
within 30 days of the end of the month for which credit is requested.
Unavailability will not include Network unavailability of an hour or less, or any unavailability resulting from (a)
Network maintenance, (b) circuits provided by telcos or other common carriers, (c) an external Internet Service
Provider or an Internet exchange point, (d) acts or omissions of Customer or an authorized user, (e) behavior of
Customer equipment, facilities or applications, or(f) acts of God, civil disorder, natural cataclysm or other
occurrences beyond the reasonable control of Fuzion.
Guarantee Coverage: Customers that register and have service in the applicable geographic region are covered
for all "AccessNOW" Fuzion services.
Current SLA can be found on our website, www.gofuzion.com.
AccessNOWTM Public Network Wireless Internet Access Solutions
Service Options:
The Fuzion Public Network Wireless Internet Access Services are provided in four ranges:
a MicroBandTI: 0.5 to 2.0 megabits Internet Access
MidBandTm: Multi Megabit Internet Access 3 to 10 Megabits
MacroBandT'4: Internet Access 11'to 25 Megabits '
• VitalBandTM: Redundant Alternate Path Access
Service is provided at a fixed monthly rate based on access speed, and a one-time installation fee.
VitalBandTM service is provided at a singly monthly fee in back-up mode, which is changed to the monthly
actual band fee, when service is used. VitalBandTM wireless data access services offer a redundant
alternate path service that is targeted at businesses and institutions with mission critical access
requirements for intranets and the Internet. It is a true alternate path, which operates in standby mode
until the customer activates the service.
Service Terms:
Service is provided via Contract. Contract is contingent upon credit approval. Service is provided in
periods from 90-days through 3-years. A surcharge is provided for contracts less than one year, and
discounts are provided for multi-year service. See Regional Pricing and Rate Cards attached.
No installation fee is charged if the customer elects to upgrade service from one AccessNOW offering to a
higher one.
Installation fee is billed at time of contract signature, and is due prior to installation. Service contracts
cancellations are accepted only prior to 5-days of service contract. Customers canceling contract within 5-
days of installation results in billing the installation fee and first month of service.
Service is billed on a monthly basis, and is due within 20 days of invoice. Customers with bills
outstanding more than 30 days are charged a 1.5% late fee per month. Invoices outstanding for greater
than 60 day periods may result in cancellation of service without notice. Refer to Sections 4-7 of the
attached Service Agreement for details.
. Service Agreement:
See attachment for Service Agreement and Service Order Form.
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AccessNOWTA° Wireless Private Network Services and Solutions
PrivateBandM: Point-to-Point Private Data Networks:
Fuzion's PrivateBandTm Wireless Point-to-Point services (P2P) are targeted at medium to large size corporate
enterprises with WAN (wide area network) needs between multiple facilities including corporate and educational
campuses government facilities and medical facilities.
Fuzion is able to connect multiple buildings inside or outside of a cell site with a wireless connection
beginning from a full 10 megabits up to full OC-3 (155 megabits). Applications include WAN, voice over
Internet protocol, or ATM VOIP/ATM, private secure data networks, as well as shared wireless Internet
access. Bundled services are also.possible such as shared VOIP, Intranet and Internet data on the same
shared connection.
All PrivateBandTM point-to-point proposals require special pricing quotes. See Steven Alembik, VP Sales.
3. Pricing
Please see attachment for Regional Rate Cards and Discounts.
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Fuzion Wireless Communications
IP Allocation and Usage Policy
-----------------------------------------------------------------------
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This document is based on RFC2050 and American Registry for Internet
Numbers (AKIN) Guidelines for Internet Service Providers. Fuzion
evaluates each request for address space based on a customer's 3 month
projected need.
Customer should complete the following questions in order to justify
the request for initial or additional IP's.
Customer Name: City of Dania Beach
1. How much network space is currently allocated to your organization?
2. How much additional network space are you requesting?
®. Please fill in the following form:
Please list all valid IP networks and subnets used by your organization (those
networks and subnets that have valid IP addresses assigned to them, as opposed to
internal networks that commonly have network Ids like 192.168.x.x or 10.0.0.x) . Include
those IPs that the customer received from other Internet Service Providers. This is
required.
IP's Subnet Hosts 3 months
206.251.210.0 thru 206.251.210.255 255.255.255.0 80-100 120
EXAMPLE
Subnet Hosts Hosts in
IP Address Mask Today 3 Months Usage
----------- ------ ----- -------- -------
(Example:
192.0.2.0 255.255.255.192 36 47 Web Farm
192.0.2. 64 255.255.255.192 31 38 Houston ofc
192.0.2. 128 255.255.255.192 34 40 Austin ofc
192.0.2. 192 255.255.255.192 64 64 Modem Pool
192.0.3.0 255.255.255.0 110 200 Univ. Texas
etc. )
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---------------=---------------------------------------------
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CIDR/Subnetting Table: for reference
Max number of
Subnet Mask CIDR Hosts per Subnet
255.255.255.0 /24 254
255.255.255.128 /25 126
255.255.255.192 /26 62
255.255.255.224 /27 30
255.255.255.240 /28 14
255.255.255.248 /29 6
255.255.255.252 /30 2
-------------------------------------------------------------
4. Please provide any additional details concerning current address
space usage that would assist Fuzion in reviewing your application.
Your responses to the questions listed above provide Fuzion with
the information it needs to review your request and ensure it meets
the requirements listed below:
Requirements
1. The customer must have used at least 80 % of current address
space prior to any additional network allocation.
2. Fuzion will grant an amount of address space only large enough
to serve a customer's 3 month need.
Requests received after 4pm EST Monday through Friday will begin
the review process by the end of the next business day.
III. Usage of Networks
Fuzion recommends a policy of strict subnetting to all of its customers.
Subnetting ensures the most efficient use of address space and secures
a valid justification for additional address space when the time comes.
Send this form to dfarrell(&gofuzion.com upon completion. DO NOT FAX OR MAIL. The process commonly takes 4-6
weeks for Class Cs (however, this may apply to lesser blocks as well), upon proper completion of the form by the
�ustomer. We appreciate your patience in this matter.
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SERVICE ORDER FORM
Billing Name:City of Dania Beach Service Order Number:
Billing Address:100 W.Dania Beach Blvd. City:Dania Beach State:FL Zip:33024
Installation Address:Same City: State: Zip:
Customer Coordinator Vern Johnson Phone Number 954-924-3636 E-Mail vjohnson@ci.daniabeach-
beach.fl.us
Sales Representative Tricia McGovern Sales e-mail Var.or Other
tmcgovem@gofuzion.com
❑ Interval Requested Due Date: Service Commitment Period
(Standard Install=15 Business Days) ❑ 12 Month ❑24 Month ®36 Month ❑48 Month ❑Other
AccessNOWTm BroadBAND Services
Other: contract requires non-
® MicroBANDTM ❑ PrivateBANDTM funding clause(Government)
This means they can cnx without a
® ❑ MidBANDTM El Vita1BANDTM penalty if their funding for our
internet service is discontinued.
❑ MacroBANDTM
BROADBAND SPEED
Speed-2 Megs
MONTHLY CHARGES
Monthly Recurring_1,000 per month
Non-Recurring Q/
Fuzion Wireless Communications,Inc.(Fuzion)agrees to provide and Customer agrees to accept Services described above for the
Service Commitment Period and Charges above subject to the terms and conditions contained in the Fuzion Service Agreement with
the Customer Number shown below and any supplement agreements for Fuzion Services. Terms that do not conform to these
Agreements shall not be binding on Fuzion and are objected to until accepted by an Authorized Headquarters Representative of
Fuzion Wireless Communications,Inc.
Customer Number:
CITY OF DANIA BEACH
Fuzion Reprfi entative Name/Title Cust itf,
tle
® i MIC , CITY MANAGER
VRpDreseintative Signature Date Cust rhAdSign,Mure Date
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Service Agreement
This Service Agreement("Agreement'),dated as of 7-19 2000,is entered into by and between Fuzion Wireless
Communications,Inc.,.("Fuzion)a Nevada Corporation authorized to business in the state of—Florida a
subsidiary of Fuzion Technologies,Ind a Florida Corporation,and_City of Dania Beach
a_Government municipal coriD . [corporationlpartnership/other]("Customer'),for Fuzion's provision of the Service
and Customer's payment therefor,all as described herein.
1. DEFINITIONS:
(A) "Catastrophic Interruption"means an interruption in Service caused in whole or in part by circumstances of an extraordinary and catastrophic
nature,including,but not limited to,acts of god,natural disasters,antenna system failure,major network outages or similar circumstances.
(B) "Customer Facilities"means all necessary facilities;services,equipment and software provided by the customer and used in connection with
Fuzion's provision of the Service.
(C) "Data Services Order Form" means Fuzion's Data Services Order Form attached to, and/or referencing, this Agreement and incorporated
herein by reference,including any modifications to such Service as permitted in this Agreement.
(D) "Interruption in Service"means a loss of communications or signal degradation to a bit error rate of 10-6 or worse.
(E) "Non-Recurring Charges"means one time charges for types of Services such as installation Service and order expedites.
(F) "Node(s)"means each individual physical location,by address at which the Customer receives the Service.
(G) "Requested Service Date,"means the date as indicated by the Customer on the Data Services Order Form.
(H) "Service"means the services described and requested in each Data Services Order Form.
(1) "Service Charge" means the monthly charge for the Service calculated at the rate set forth in the Data Services Order Form, plus such
additional charges as referenced in Section 4. Service Charges for partial months shall be pro-rated.
(J) "Start of Service Date"means the date upon which Fuzion's provision of Service under a Data Services Order Form becomes effective as set
forth in Section 2.
2. COMMENCEMENT AND TERM OF SERVICE. This Agreement shall become effective as of the date set forth in the introductory paragraph above
and remain in effect so long as a Data Services Order Form is in effect, unless terminated earlier in accordance with this Agreement. Each Data
Services Order Form shall become effective on the Requested Service Date or the date Fuzion is ready to provide the Service under a Data
Services Order Form(whether or not Customer has fulfilled its obligations hereunder,including provisioning of the Customer Facilities),which ever
is later, and shall continue in effect for period set forth in the Data Services Order Form, including any renewals thereto(collectively,the"Service
Commitment Period"), unless earlier terminated in accordance with this Agreement. Fuzion shall use reasonable efforts to make Service available
by the Requested Service Date.
PAYMENT.
3.1 Recurring Service Charge shall be due and payable by Customer to Fuzion monthly in advance by the first Calendar day of each month,
with the first payment due on the first calendar day of the month immediately following the Start of Service Date. The first such payment
shall be for the period from the Start of Service Date through the end of the month immediately following the month in which the Start of
Service Date occurs, with payment for any partial first month to be pro-rated. Customer shall pay all Non-Recurring Charges(as such
charges are set forth on the Data Services Order Form) prior to installation. All other charges hereunder shall be due and payable by
Customer to Fuzion within twenty (20)days of the invoice date. Customer shall pay all amounts when due without deduction, credit or
offset of any kind.
3.2 Fuzion may,at its option,increase the Service Charge to reflect any increases in the local exchange tariff charged to Fuzion.
3.3 Customer has sole responsibility for installation,testing and operation of Customer Facilities and use of the Service. In no event will the
untimely installation or the non-operation of Customer Facilities relieve Customer of its obligations to pay Fuzion the charges for Service
commencing on the Start of Service Date and continuing through out the Service Commitment Period.
3.4 Customer shall pay Fuzion a late payment charge for failure to pay any amount due in full by the due date. The late payment charge will
be calculated based on the past due balance at a periodic monthly rate of one and one-half percent or the maximum rate permitted by
law,whichever is less.
4. ADDITIONAL CHARGES. In addition to all other charges provided under this Agreement, Customer shall pay any use or sales taxes, duties or
similar charges levied or assessed upon or against Fuzion because of the Service fumished by Fuzion.
5. ASSURANCE OF PAYMENT. Customer authorizes Fuzion to obtain information concerning Customer from any source,including Customers prior
or current financial institutions, telecommunications providers and trade suppliers and to release such information to third parties. Fuzion may, at
its option, require Customer to make a deposit or other assurance of payment to secure payment of the Service Charge and other charges
hereunder. Upon expiration or cancellation of this Agreement, Fuzion shall apply the deposit to any amounts remaining due under this Agreement
and refund the remainder,if any,to the Customer.
6. SUSPENSION OF SERVICE
6.1 In the event payment of any charge authorized under this Agreement is not made in full by Customer by the due date, Fuzion shall have
the right, after giving Customer ten (10) days' notice, to suspend Service to Customer until such time as Customer has paid a
reconnection charge as established by Fuzion and all outstanding charges,including any late payment charge. In addition to or in lieu of
suspending Service, Fuzion may, in its sole discretion, require Customer to make a deposit, an additional deposit or other assurance of
payment to secure future payments. Should payment be more than 60 days past due, Fuzion may suspend service to a customer
without notice.
6.2 In the event Fuzion in its sole discretion,determines that there has been a material change in Customer's creditworthiness, Fuzion may,
upon ten(10)days'notice, require Customer to make a deposit, an additional deposit,or other reasonable assurance of payment: After
the notice period, Fuzion may suspend Service until such time as Customer has made such deposit, additional deposit or other
reasonable assurance of payment. Material change in credit-worthiness includes, but is not limited to, the following: (a) failure of
Customer to make full payment of charges due under this Agreement on or before twenty(20)days from the due date on three or more
occasions during any period of twelve or fewer consecutive months, or Customer's failure to make such payments on or before twenty
(20)days from the due date in any two consecutive months;and/or(b)Customer becoming or acquisition of Customer by an entity which
is insolvent,subject to bankruptcy or insolvency proceedings or which,in Fuzion's commercially reasonable discretion, is a greater credit
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risk than Customer. The remedies set forth in this Subsection 6.2 shall not be exclusive and Fuzion shall at all times be entitled to all
rights available to it under law or in equity.
7. SYSTEM MAINTENANCE. In the event that maintenance of Fuzion's facilities should require an Interruption in Service,to the extent practicable it
shall be carried out only after notice is provided to the Customer.
8. AUTOMATIC RENEWAL. At the expiration of the initial period of time Service is to be provided as specified in each Data Services Order Form,or
of any extension thereof, this Agreement and the particular Data Services Order Form shall continue in effect on a month-to—month basis at the
then current monthly rate unless terminated by either party upon thirty(30)days'prior written notice.
9. NOTICES. All notices, requests, demands or other communications provided for or permitted or required by this Agreement shall be deemed
delivered(a)on the same day if hand delivered, (b)by the next business day if sent by overnight courier or by facsimile,or(c)within three(3)days
if sent by United States mail. Such communications shall be directed to the parties at the following addresses unless otherwise changed by written
notice:
Office of Fuzion shall be: Office of Customer shall be:
Fuzion Wireless Communications,Inc. _100 W.Dania Beach
Attn: Customer Relations
5255 N.Federal Hwy,Suite 300 _Dania Beach,FL_33024
Boca Ration,FL 33487
10. ALLOWANCE FOR INTERRUPTION OF SERVICE.
10.1 In the event of an Interruption in Service, Fuzion will use reasonable efforts to restore Services to the Customer. An interruption of
service will not include network unavailability of less than one hour or resulting from(a)network maintenance,(b)unavailability of circuits
provided by common carriers other than Fuzion,(c)an external Internet service provider or intemet exchange point,(d)acts or omissions
of Customer or authorized user, (e) failure of Customer equipment, facilities or applications, or (f) acts of God, civil disorder, natural
disaster or other occurrences beyond the reasonable control of Fuzion. Customers sole and exclusive remedy for an interruption of
service shall be as set forth in this Section 10.
10.2 Customer shall receive a credit for an interruption in Service, which exceeds one (1) or more consecutive hours during any calendar
month. Such credit shall be calculated at the rate equal to the charge for one day of Fuzion service for each consecutive hour of
interruption of service to a maximum of seven (7)days credit per month. No credit shall be allowed for an interruption in Service of one
® hour. No credit shall be allowed for a subsequent interruption beginning during the first hour after Service is restored.
10.3 The duration of an Interruption in Service shall be measured from the time Customer notifies Fuzion that an interruption has occurred to
the time,the Service is restored. The duration of an interruption shall be reduced by the time period, if any,during which Customer fails
to accord Fuzion access to any facilities to which Fuzion requests access for the purpose of investigating,correcting or restoring Service.
10.4 When the Service provided by Fuzion includes more than one communications path, Customer shall only receive a credit for the path
interrupted.
10.5 Except as provided in Subsection 15.2, Customer shall continue to pay the Service Charge and all other amounts when due during an
interruption in Service: provided, however,that during any such interruption Fuzion shall reduce the amount of the Service Charge by the
amount of any credit that may be due under Subsection 10.2 above. Notwithstanding anything in this Agreement to the contrary,
Customer waives its right to receive the credits set forth in Subsection 10.2 above in the event Customer fails to pay a Service Charge or
other charge hereunder when due. Upon termination of this Agreement,all unused credits shall be forfeited. In no event shall Fuzion be
required to pay Customer the cash equivalent of any credit.
10.6 The credit provided in this Section 10 and the cancellation provisions specified in Subsection 15.2 shall not apply to interruptions due in
whole or in part,directly or indirectly,to any act or omission of the Customer or its customers,affiliates,agents, representatives, Invitees
or licensees, to the failure of Customer Facilities or the failure of any Service provided to Customer or Fuzion by a third party. In the
event of such interruption, Customer shall continue to be liable for all payments to Fuzion.
11 CANCELLATION.
11.1 Customer may cancel this Agreement upon thirty (30) days' advance written notice to Fuzion and payment of all charges then due or to
become due prior to the effective date of cancellation (including the Cancellation charge described in Subsection 11.4 below). Prior to
installation, Customer may cancel this contract by written notice to Fuzion. Should the notice be at least five days prior to scheduled
installation,no installation fee shall be charged. Should notice be less than five days of prior to scheduled installation,the installation shall be
due and payable notwithstanding cancellation.
11.2 If Customer fails to comply with any provision of this Agreement,Fuzion may,in addition to all other remedies available,cancel this Agreement
upon thirty-(30)days prior written notice to Customer.
11.3 This Agreement shall be canceled without further notice if Customer ceases to carry on its present business or becomes insolvent,makes a
general assignment for the benefit of creditors, or is involved as a debtor in any proceeding seeking the liquidation, reorganization or other
relief(such as appointment of a trustee, receiver, custodian, or other similar official)of Customer under any bankruptcy, insolvency or other
similar law. In the event this Agreement remains in effect after the initiation of bankruptcy or other federal insolvency proceeding, Customer
agrees to assume or reject this Agreement within thirty(30)days after the filing of an order for relief.
11.4 Upon cancellation for any reason, Customer agrees to immediately pay to Fuzion all charges then due (including any Cancellation Charge
outlined below). Customer further agrees that it shall be difficult or impossible to ascertain the damage to Fuzion in the event this Agreement
is cancelled. Customer therefore agrees that,except as provided in Subsections 11.5 and 15.2,if cancellation is due to reasons other than a
material breach of this Agreement by Fuzion, Customer shall, in addition to all other charges then due, pay to Fuzion a Cancellation Charge
(as hereinafter defined). Such"Cancellation Charge"is intended as liquidated damages and not a penalty and shall be calculated as follows:
If such cancellation occurs within the first year of the term of this Agreement or within the first year of the provision of Service under a Data
Services Order Form,whichever is later,then the Cancellation Charge shall be the full amount of the remaining Service Charge for Service to
be provided for the first year plus twenty percent(20%)of the remaining Service Charge for Service to be provided during the remainder of the
term of the Data Services Order Form. If the cancellation occurs after the first year of the term of this Agreement or after the first year of the
provision of Service under a Data Services Order Form,which ever is later,then the Cancellation Charge shall be twenty percent(20%)of the
5499 N.Federal Hwy. Suite G,Boca Raton, FL 33487 Tel: 561-995-8480 Fax: 561-995-9990 www.gofuzion.com Page 11 of 16
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Service Charge for Service to be provided during the remainder of the term of the Data Services Order Form(s)so canceled. All Cancellation
Charges shall be due and payable within thirty(30)days of the effective date of cancellation.
11.5 Either party shall have the right to cancel this Agreement if Fuzion is prohibited from furnishing the Service for any reason or if any material
rate or term contained in this Agreement is substantially changed by order of the Federal Communication Commission("FCC"),or other local,
state or federal governmental authority or court of competent jurisdiction. In the event of termination under this provision,Customer shall not
be liable for the Cancellation Charge, but shall,upon termination,immediately pay all other charges then due.
12 NODE CHANGES.
Customer agrees to provide Fuzion with thirty (30) days' prior written notice before adding Nodes, deleting Nodes, or otherwise modifying the
physical location of any existing Nodes. Fuzion will use commercially reasonable efforts to meet Customer requests for additional Nodes,with such
additional Nodes to constitute additional Service,which shall be set forth on a Data Services Order Form. Charges for additional Nodes and/or for
moving the physical location of a Node shall be paid by Customer in accordance with the terms of this Agreement. Deletion of a Node, or
modification of the physical location of a Node, will constitute a cancellation of such Node and the corresponding Service associated with such
Node and will be subject to a Cancellation Charge as described in Subsection 12.4. Notwithstanding the foregoing, if Customer changes the
physical location of a Node to another physical location but retains or increases the overall number of Nodes in its network, then Fuzion will
reasonably consider the individual circumstances involved when addressing pricing impacts and any Cancellation Charges.
13. LIMITATION OF LIABILITY.
13.1 The obligation and liabilities of Fuzion and the rights, claims and remedies of Customer specifically set forth in this Agreement are
exclusive and in lieu of all others.
13.2 FUZION'S LIABILITY FOR ANY INTERRUPTION IN SERVICE,ERRORS IN TRANSMISSION OR OTHER DEFECTS IN THE SERVICE
SHALL BE LIMITED TO THE AMOUNT OF THE ALLOWANCE, IF ANY, AVAILABLE UNDER SECTION 10, CUSTOMER HEREBY
RELEASES FUZION FROM ALL OTHER OBLIGATIONS AND LIABILITIES AND WAIVES (TO THE EXTENT PERMITTED BY LAW)
ALL OTHER RIGHTS, CLAIMS AND REMEDIES AGAINST FUZION AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY
SERVICE AND/OR PRODUCTS PROVIDED UNDER OR RELATED TO THIS AGREEMENT.
13.3 FUZION'S AGGREGATE LIABILITY FOR CLAIMS OR DIRECT DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS
AGREEMENT, OR THE PERFORMANCE OF ITS OBLIAGATIONS HEREUNDER, OR FROM ANY BREACH OR PARTIAL BREACH
OF THE PROVISIONS OF THIS AGREEMENT OR ARISING OUT OF ANY ACTS OR OMISSIONS OF FUZION, ITS EMPLOYEES,
SERVANTS OR AGENTS, INCLUDING ANY CLAIM FOR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY,
SHALL NOT EXCEED THE MONTHLY SERVICE CHARGE SET FORTH IN THE APPLICABLE DATA SERVICE ORDER FORM
® SUBJECT TO THE LIABILITY FOR THE MONTH IN WHICH THE ACTS GIVING RISE TO THE CLAIM OCCURRED. CUSTOMER
AGREES THAT UNDER NO CIRCUMSTANCES SHALL FUZION BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR
ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES OR ANY OTHER
DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR LOSS OF SERVICE, LOST
PROFITS OR LOST REVENUES)ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER BASED UPON A CLAIM OR
ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY OR CONTRIBUTION, OR ANY
OTHER THEORY OF LIAILITY, EVEN IF FUZION HAS BEEN ADVISED OF THE POSSIBILITY OF SJCH DAMAGES.
13.4 Customer acknowledges and agrees that the fees charged by Fuzion under this Agreement, including each Data Services Order Form,
reflect the allocation of risks provided by the foregoing exclusive remedy and limitation of liability. By executing this Agreement,
Customer acknowledges and represents that it has read and understands this allocation of risk limiting the liability of Fuzion and that it
understands that any modification of the allocation of risks set forth in this Agreement would afbct the fees charged by Fuzion.
Customer acknowledges that it has negotiated the terms of this Agreement, and in consideration of the fees charged by Fuzion, agrees
to the allocation of risk set forth herein.
14. INDEMNIFICATION.
14.1 Customer agrees to assume all liability for and indemnify and hold harmless, Fuzion and its officer, directors, employees,
representatives,affiliates,successors and assigns from and against all liability,loss,cost,damage,expense(including,without limitation,
attorneys' fees, investigators' fees and litigation expenses), or claims for use of the services and injury to or death of any person and
damage to or destruction of any property resulting in whole or in part from any of the following:
(a) The material transmitted through Fuzion's facilities by Customer or any person provided access by Customer to so transmit,
including, but not limited to, any claims of persons not a party to this Agreement for libel, slander, infringement of copyright or
unauthorized use of a trade secret,trademark,trade name or service mark;
(b) Claims of any person not a party to this Agreement arising out of acts or omissions of Customer or its agents,servants,employees,
contractors or representatives;
(c) The use of Fuzion's facilities by Customer or any person provided access by Customer, Including, but not limited to, claims for
patent Infringement arising from the act of Customer or Customer's representative in combining Fuzion's facilities with the facilities
of Customer or others,or using Fusion's facilities in connection with those of Customer or others;and
(d) Customer's or its affiliates', employees', agents' or invitees' failure to comply with all statues, rules, regulations, orders and
decisions issued by any federal, state or local governmental body or agency established thereby, relating to Customers use of the
Service, including, but not limited to, Customer's failure to observe those restrictions against resale which could jeopardize Fuzion's
status as a private carrier under the regulations of the FCC.
14.2 Upon written notice from and at the sole discretion of Fuzion,Customer shall undertake,at its own expense,the defense of any claim,
lawsuit,administrative action or other proceeding brought against Fuzion by any person or legal entity,including any public body,relating
to any matter covered by this Agreement for which Customer has an obligation to assume liability for or to indemnify Fuzion.
® Notwithstanding anything to the contrary hereunder,Customer shall not enter into any settlement without the prior written approval of
Fuzion. Customer shall pay all damages and costs finally agreed to or awarded against Fuzion attributable to such claims,including,but
not limited to,attorneys'fees,court costs;settlement payments and amounts paid in satisfaction of judgments. The indemnity provided
under this Section 14 shall apply to any and all lawsuits or administrative actions brought or threatened on any theory of relief available at
law or equity or under the rules of any administrative agency and shall survive the cancellation of this Agreement.
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15. FORCE MAJEURE. June 15, 2000
15.1 Notwithstanding anything to the contrary herein,Fuzion shall not be liable for any delay in,or failure of performance of,any obligation
under this Agreement,nor shall such delay or failure of performance constitute a default under this Agreement,provided that such delay
or failure is due in whole or in part to circumstances beyond Fuzion's reasonable control,including,but not limited to:acts of God,fire,
explosion,vandalism,storm or other similar occurrence;any law,order,regulation,direction,action or request of the federal,state or
local government or of any department,agency,commission,court,bureau,corporation or other instrumentality of any one or more of
said governments,or of any civil or military;acts or omissions of the local exchange carrier or other third party vendor,national
emergencies; Insurrections,riots;wars;or strikes,lock-outs or work stoppages.
15.2 If Fuzion fails to perform any obligation under this Agreement by reason of force majeure and such failure continues for a period of ninety
(90)days or less,then the Service affected shall continue as4s without liability to Fuzion,but at no charge to Customer until such time as
the service is restored. If any such failure of performances continues for more than ninety(90)days,then the impacted service may be
canceled by either party with no liability on the part of any party.
16. MISCELLANEOUS.
16.1 Fuzion and Customer consent to the jurisdiction of and venue in the state and federal courts for Florida or the state in which service is
provided in connection with any suit or proceeding relating to this Agreement. The parties agree that this agreement will be governed by
the laws of the State of Florida without regard to its choice of law rules to the contrary.
16.2 This Agreement does not and shall not be construed as conveying to Customer any interest in any property of Fuzion,but only the right
to use the Service provided by Fuzion in strict accordance with the terms of this Agreement. Customer acknowledges and agrees that
Fuzion retains all title and ownership in the Fuzion property and further agrees that it shall not assert any ownership interest in such
property or represent to any person or agency that this Agreement conveys any interest in Fuzion property to Customer.
16.3 Waiver by one party of any breach of any provision of this Agreement shall not operate or be construed as a waiver by that party of any
subsequent or continuing breach. No provision of this Agreement shall be deemed waived,amended or modified by either party unless
such waiver,amendment or modification is in writing and signed by the party against whom it is sought to be enforced.
16.4 This Agreement(including each related Data Services Order Form)is the complete and exclusive statement of the agreement between
the parties. It supersedes any proposal or prior agreement,oral or written,and any other communications between the parties relating to
the subject matter of this Agreement. This Agreement also supersedes the terms and conditions of any purchase order submitted by
customer with respect to the subject matter hereof. The terms of this Agreement are hereby incorporated by reference into each Data
Services Order Form. In the event of a conflict between the terms of a Data Services Order Form and this Agreement,this Agreement
® shall prevail over conflicting terms in the Data Services Order Form. Not withstanding anything to the contrary herein,any credit provided
under a Data Services Order Form for any service level failures or otherwise shall be Customer's sole and exclusive remedy.
16.5 If any legal action is brought by either party regarding the subject matter of this Agreement,the prevailing party shall be entitled to
recover,in addition to any other relief,ordinary necessary and reasonable attorneys'fees and expenses.
16.6 Section headings used in this Agreement are not part of this Agreement,but are used solely for the convenience of the parties.
16.7 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns;
provided however,that Customer shall not transfer or assign its rights or obligations under this Agreement without the prior written
consent of Fuzion.
16.8 This service provided by Fusion is subject to the condition that it will not be used for any unlawful purpose.
16.9 The persons executing this Agreement on behalf of the parties hereto represent and warrant that they are fully authorized to execute and
deliver this Agreement on behalf of the parties hereto.
INWITNESS WHEREOF,the parties hereby enter into this Agreement as executed by there duly authorized representatives as set forth below,this=
19day of_July ,2000.
Fuzion Wireless Commu ' ti ,Inc. Customer. CITY OF DANIA BEACH
By: c> By: FOR SIGNATURES, PLEASE
Name: S {(,1QJ� �j* ,¢-t_rff/�f � Name: SEE ATTACHED SIGNATURE
Title: � Title: PAGE 13—A
5499 N. Federal Hwy.Suite G, Boca Raton, FL 33487 Tel: 561-995-8480 Fax: 561-995-9990 www.gofuzion.com Page 13 of 16
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CITY OF DANIA BEACH
K. c-ly , Mayor
Attest:
0' By:
jk/
Sheryl C apman ichael W. Smith,
Acting City Clerk ity Manager
(SEAL) I
Signed/day of , 2000.
Approved As To Fo d Correctness:
By
_ 11 A,
'fhomas,4w6, City Attorney
PAGE 13-A
® �0
NaM Ganr.rwNon B,t.adbantl,Totlay'- Product and Service Catalog, Version 1.0
June 15, 2000
PRICING (1 of 3 Sheets)
AccessNOWTM Public Network Wireless Internet Access Solutions (SE Florida)
Jun-00
• e •
L:
0.S $495 $990 $1,500 $495 $465 $930 $1,500 $465 $435 $870 Free $435
1= $985 $985 $1,500 $985 $925 $925 $1,500 $925 $895 $895 Free $895
,2 $1,895 $948 $1,500 $1,895 $1,795 $898 $1,500 $1,795 $1,695 $848 Free $1,695
t;
3_ $2,795 $932 $2,500 $2,795 $2,595 $865 $2,500 $2,595 $2,495 $832 Free $2,495
4: $3,695 $924 $2,500 $3,695 $3,395 $849 $2,500 $3,395 $3,295 $824 Free $3,295
$4,395 $879 $2,500 $4,395 $4,195 $839 $2,500 $4,195 $3,995 $799 Free $3,995
6 $5,195 $866 $2,500 $5,195 $4,995 $833 $2,500 $4,995 $4,495 $749 Free $4,495
7 ; $5,995 $856 $2,500 $5,995 $5,795 $828 $2,500 $5,795 $5,095 $728 Free $5,095
8 $6,595 $824 $3,500 $6,595 $6,395 $799 $3,500 $6,395 $5,795 $724 Free $5,795
9= $7,395 $822 $3,500 $7,395 $7,095 $788 $3,500 $7,095 $6,495 $722 Free $6,495
10, $8,195 $820 $3,500 $8,195 $7,795 $780 $3,500 $7,795 $7,195 $720 Free $7,195
Over.10 Special Special Special Special Special Special Special Special Special
Quote Quote Quote Quote Quote Quote Quote Quote Quote
Point to Special Special Special Special Special Special Special Special Special
Quote Quote Quote Quote Quote Quote Quote Quote Quote
Discounts: Fuzion Reps may offer a maximum of 10%discount off this Rate Card without penalty with the understanding that any discount level is
multiplied by(2)and subtracted from contract value to compute commissions.
Installations: Free installations on this schedule represent standard installs within our point to multipoint area.
Vort Term Contracts:90 day and 6 Month Pricing add 10%to 1 Year Monthly Pricing Rates.
Local Loops:Standard industry Local Loop charges range from$495-$4995.Fuzion waives all Local Loop charges.
Pricing:All Prices Subject to Change.
5499 N. Federal Hwy.Suite G,Boca Raton, FL 33487 Tel: 561-995-8480 Fax: 561-995-9990 www.gofuzion.com Page 14 of 16
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Ncxt G- t1 ..Bro aeroa,roa.v- Product and Service Catalog, Version 1.0
June 15, 2000
AccessNOWTM Public Network Wireless Internet Access Solutions (Rochester)
Jun-00
•• a � •• x:_ •, eta r
o • •
0 5 $495 $990 $1,500 $495 $465 $930 Free $465 $435 $870 Free $435
1 $825 $825 $1,500 $825 $795 $795 Free $795 $745 $745 Free $745
2' $1,445 $723 $1,500 $1,445 $1,395 $698 Free $1,395 $1,345 $673 Free $1,345
t
$2,045 $682 $2,500 $2,045 $1,945 $648 Free $1,945 $1,845 $615 Free $1,845
4 $2,595 $649 $2,500 $2,595 $2,495 $624 Free $2,495 $2,395 $599 Free $2,395
5: $3,095 $619 $2,500 $3,095 $2,995 $599 Free $2,995 $2,895 $579 Free $2,895
6 $3,645 $608 $2,500 $3,645 $3,545 $591 Free $3,545 $3,445 $574 Free $3,445
7. $4,195 $599 $2,500 $4,195 $4,095 $585 Free $4,095 $3,995 $571 Free $3,995
8 $4,645 $581 $3,500 $4,645 $4,545 $568 Free $4,545 $4,445 $556 Free $4,445
9 $5,195 $577 $3,500 $5,195 $5,095 $566 Free $5,095 $4,895 $544 Free $4,895
$5,745 $575 $3,500 $5,745 $5,645 $565 Free $5,645 $5,395 $540 Free $5,395
Over10 Special Special Special Special Special Special Special Special Special
Mbps Quote Quote Quote Quote Quote Quote Quote Quote Quote
Point to.' Special Special Special Special Special Special .Special Special Special
Point Quote Quote Quote Quote Quote Quote Quote Quote Quote
Discounts: Fuzion Reps may offer a maximum of 10%discount off this Rate Card without penalty with the understanding that any discount level is
multiplied by(2)and subtracted from contract value to compute commissions.
Installations: Free installations on this schedule represent standard installs within our point to multipoint area.
Idhort Term Contracts:90 day and 6 Month Pricing add 10%to 1 Year Monthly Pricing Rates.
Ocal Loops:Standard industry Local Loop charges range from$495-$4995.Fuzion waives all Local Loop charges.
Pricing:All Prices Subject to Change.
5499 N. Federal Hwy.Suite G,Boca Raton,FL 33487 Tel: 561-995-8480 Fax: 561-995-9990 www.gofuzion.com Page 15 of 16
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N-Gln< fl .,O"Idbald,Today- Product and Service Catalog, Version 1.0
June 15, 2000
AccessN®WTM Public Network Wireless Internet Access Solutions (Denver)
Jun-00
.r t
0:5 $495 $990 Free $495 $450 $900 Free $450 $410 $820 Free $410
$695 $695 Free $695 $625 $625 Free $625 $595 $595 Free $595
2 $995 $498 Free $995 $945 $473 Free $945 $895 $448 Free $895
3s $1,295 $432 Free $1,295 $1,195 $398 Free $1,195 $1,095 $365 Free $1,095
4 $1,495 $374 Free $1,495 $1,395 $349 Free $1,395 $1,295 $324 Free $1,295
5 $1,795 $359 Free $1,795 $1,695 $339 Free $1,695 $1,595 $319 Free $1,595
6: $2,095 $349 Free $2,095 $1,995 $333 Free $1,995 $1,895 $316 Free $1,895
7` $2,395 $342 Free $2,395 $2,295 $328 Free $2,295 $2,195 $314 Free $2,195
8: $2,695 $337 Free $2,695 $2,595 $324 Free $2,595 $2,495 $312 Free $2,495
9 $2,995 $333 Free $2,995 $2,895 $322 Free $2,895 $2,745 $305 Free $2,745
10, $3,295 $330 Free $3,295 $3,195 $320 Free $3,195 $2,995 $300 Free $2,995
Over10 Special Special Special Special Special Special Special Special Special
Whips Quote Quote Quote Quote Quote Quote Quote Quote Quote
Point-to,, Special Special Special Special Special Specal Special Special Special
Point_ Quote Quote Quote Quote Quote Quote Quote Quote Quote
Discounts: Fuzion Reps may offer a maximum of 10%discount off this Rate Card without penalty with the understanding that any discount level is
multiplied by(2)and subtracted from contract value to compute commissions.
Installations: Free installations on this schedule represent standard installs within our point to multipoint area.
0iort Term Contracts:90 day and 6 Month Pricing add 10%to 1 Year Monthly Pricing Rates.
Local Loops: Standard industry Local Loop charges range from$495-$4995.Fuzion waives all Local Loop charges.
Pricing:All Prices Subject to Change.
5499 N. Federal Hwy.Suite G,Boca Raton, FL 33487 Tel: 561-995-8480 Fax: 561-995-9990 www.gofuzion.com Page 16 of 16
Service Order Form
com
Internet Data IVoice I Video
Circle one: Direct or Partner
Billing Name: Service Order Number:
Billing Address: City: State: Zip:
Installation Address: City: State: Zip:
Customer Coordinator Phone Number E-Mail
Sales Representative Sales e-mail Partner ID
❑ Standard Interval Service Commitment Period
Requested Due Date: ❑ 12 Month ❑24 Month ❑36 Month ❑48 Month ❑Other
AccessN®WTM BroadBAND Services
Other:
F1exBANDTM PrivateBANDTM
MacroBANDTM V ita1BANDTM
MicroBANDTM
BROADBAND SPEED
Speed
MONTHLY CHARGES
Monthly Recurring Non-Recurring
Fuzion Wireless Communications, Inc. (Fuzion) agrees to provide and Customer agrees to accept Services
described above for the Service Commitment Period and Charges above to the terms and conditions contained
in the Fuzion Service Agreement with the Customer Number shown below and any supplement agreements for
Fuzion Services. Terms that do not conform to these,Agreements shall not be binding on Fuzion and are
objected to until accepted by an Authorized Headquarters Representative of Fuzion Communications, Inc.
Customer Number:
Fuzion Representative Name/Title Customer Name/Title
Representative Signature Date Customer Signature Date
5255 North Federal Hwy. Boca Raton, Florida 33487 Tel: 561-995-8480 Fax: 561-995-8481 www.gofuzion.com