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19-R-21 Agreement with SpectrumRESOLUTION NO. 19 -R -21 A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH SPECTRUM FOR NEW CONNECTIONS FOR DISASTER RECOVERY DISPATCH SERVICES AT THE BEXAR METRO 911 LOCATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Agreement with Spectrum, relating to an additional service for Internet access for use at our disaster recovery location for staff and vendors throughout the City in the amount of $6,030.00 for the current fiscal year and $9,480.00 per year for FY 19 -20 and FY 20 -21 and $4,740.00 for the October 2021 to March 2022; and WHEREAS, this service will allow us to meet the mandate for disaster recovery services to our staff and vendors; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Spectrum pursuant to the agreement attached hereto as Exhibit A (the "Agreement ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Time Warner Cable for increased bandwidth in substantially the form set forth on Exhibit A. Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26h day of February, 2019 CITY OF SCHERTZ, Pro -Teq,, Al`l son Heyward ATTEST: Brenda Dennis, City Secretary EXHIBIT A SERVICE ORDER AGREEMENT 50494755.1 A -1 Spectrumo. Customer Service Order THIS SERVICE ORDER ("Service Order "), is executed and effective upon the date of the signature set forth in the signature block below C Effective Date ") and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) .hereunder ( "Spectrum ") and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https : / /enterprise.spectrum com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a "Service Agreeniene ). Except. as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect. Account Executive: Courtney Lancaster Phone :_4694709913 ext: Cell Phone: +12142412224 Fax Email: courtney.lancastera@chartercom Order ,# 11000090 Customer Information: Customer Code CITY OF SCHERTZ Business: Name TEXAS Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # Billing Address Attention To: Account Number 1,400 Schertz Pkwy Schertz TX 78514 Billing Contact Billing, Contact Phone Billing Contact Email Address Authorized Contact Authorized Contact Phone Authorized. Contact Email Address Mark Browne 210 488 -4233 mbrowne@schertz.com Technical Contact Technical Contact Phone Technical Contact Email Address Kent David 210 488 -4233 kdavid@schertz.com Page 1 of 3 t_. 0 1 6 C hat14l- C o l municaiium, C,S; FIDEN l iAl, 161 1:,1:1 v..1 Counnemial New and Revised Services and Monthly Charges At 1049 E Live Oak Rd , Schertz TX 78154 Description Quantity Sales Price Monthly Recurring Tota( Contract Term EPL Intrastate 20 Mb s 1 $375.00 36 Months $375.00 36 Months Ethernet EPL HUB 1 $0.00 *Total $0.00 36 Months *Total *Prices do not include taxes and fees. One Time fees At 1049 E Live Oak Rd , Schertz TX 78154 Description Quantity Sales Price Total $375.00 1 *Prices do not include taxes and fees. $250.00 New and Revised Services and Monthly Charges At 4700 Quarry Run , San Antonio TX 78249 Monthly Description Quantit-. Sales Price Recurring Total Contract Term EPL Intrastate 20 Mla s 1 $375.00 $375.001 36 Months Ethernet Spoke 1 $0.00 $0.00 36 Months *Total $375.00 *Prices do not include taxes and fees. One Time fees At 1049 E Live Oak Rd , Schertz TX 78154 Description Quantity Sales Price Total Installation 1 $250.00 $250.00 Total $250.00 *Prices do not include taxes and fees. One Time fees At 4700 Quarry Run , San Antonio TX 78249 Description Quantity Sales Price Total Installation 1 $250.00 $250.00 Total $250.00 *Prices do not include taxes and fees. Page 2 of 3 .- 16l,�[lril -tl: i'L�i3.ffp11QIIiCEltf[3I15 C N i IIJt:1tV 11.iL.- lOt1.1:t V.i l_.VSI31llGLG1G1 SP(."C Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Customer ame and Title Date Signed Page 3 of 3 �._' i t3 ii i e uit�zccs CONFIDENTIAL i 161111 v.i iununc uiat SPECTRUM ENTERPRISE SERVICE AGREEMENT The customer identified below ( "Customer") hereby acknowledges and agrees to the Commercial Terms of Service available at https:l /enterprise.spectrum.com/ ( "Terms of Service "), which are incorporated herein by this reference, with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order "), which together with this agreement constitute the "Service Agreement" by and between the Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder CSpectrum "). Spectrum Enterprise Contact: Courtney Lancaster 12405 Powerscourt Drive St- Louis, MO 63131 Telephone: 4694709913 courtney.lancaster@charter.com Q Customer Name (Exact Legal Name): CITY OF SGHERTZ TEXAS 77No.: Billing Address: Suite: City: State:' ip Code: 1400 Schertz Pkwy Schertz TX 78594 Billing Contact Name: el.No.: E -mail: Authorized Contact Name: el.No.: E -mail Mark Browne (210) 488 -4233 mbrowne @schertz_com BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE I ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Customer: CITY OF SCHERTZ TEXAS Name (printed): Title: Date: Enterprise Short Form v171213a CONFIDENTIAL Page 1 of 1 @ 2016 -2018 Charter Communications.; All Rights Reserved SpectrUm Enterprise Ethernet ServiCe Level Agreement This document outlines the Service Level Agreement ( "SLA ") for fiber -based Spectrum Enterprise Ethernet Service and Spectrum Enterprise Cloud Connect Service (individually the "Service" and collectively the "Services ").. Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. This SLA is a part of, and hereby incorporated by reference into the Spectrum Enterprise Service Agreement (including . the terms and conditions, attachments, and Service Orders described. therein, the "Agreement"). To the extent any provision of this SLA conflicts with the Agreement, this SLA. shall control. Performance tier goals ( "SLA Targets ") are set forth in. the table(s) below. Ethernet Services SLA Targets presented below are measured end to end (i,e. from any two applicable Customer's edge or network interface devices at the Service Location) at the individual circuit or service level, and any applicable credits are issued for the affected circuit or service (the "Affected Service "). The Cloud Connect Service SLA Target for Availability is measured between Spectrum Enterprise's network interface device (NID) located at the Customer location and the point of physical handoff of the Service to the Cloud Service Provider (the "Gateway Point "). 1. SLA Targets for Ethernet and Cloud Connect Services: Spectrum Enterprise Ethernet Services SLAs Performance Tier On -Net Off -Net Metro Regional. National Miles 0-155 156 - 746 > 746 N/A Kilometers 0-250 251 -1200 > 1200 N/A Latency < toms < 25ms < 125ms < 125ms Jitter < 2ms < 4ms < 8ms < 8ms Frame Loss <0.01% <0.01 %0 <0.01 %0 <0.01 % Availability > 99.99 % > 99.99 %a > 99,99% > 99.99% MTTR 4 hrs. 4 hrs. 4 hrs. 4 hrs_ r "on -Net" includes circuits that are provided by Spectrum Enterprise to Service Locations-directly from the Spectrum Network z "Off -Ner includes circuits that are provided to geographic locations that may be outside or inside Spectrum Enterprise service areas and are provided by third party service providers and not from the Spectrum Network Spectrum Enterprise Cloud Connect Gateway Point SLAB Availability' > 99.99 % II. Priority Classification: "Excluded Disruptions" means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer's prernises to troubleshoot, repair or replace equipment or the Service,. (iv) service problems resulting from acts of omissions of Customer or Customer's representatives or agents, (v) Customer equipment failures, (vi) Customer is not prepared to release the Service for testing, and (vii) Force Majeure. Spectrum Enterprise Ethernet SLA.v.181023 02017, 2018 Charter Communications. All Rights Reserved. Page 1of S Not all products„ pricing . and services are available: in all areas, pricing -and actual speeds may vary: Restrictions may apply. Subject to change without notice. Events. Notwithstanding anything to the contrary in the Agreement, any service issues beyond the connectivity to the Cloud Service Provider is not covered by this SLA. A "Service Disruption" is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum: Enterprise network hub to transmit and receive network traffic between Customer's A and Z Service Locations. The Service Disruption period begins when Customer reports a Service Disruption using Spectrum Enterprise's trouble ticketing system by contacting Customer Care, Spectrum Enterprise acknowledges receipt of such trouble ticket, Spectrum Enterprise validates that. the Service is affected and Customer releases the Service for testing. The . Service Disruption ends when the affected Service has been restored. "Service Degradation" means a degradation of the Service that is not a. Service Disruption or a result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency / Frame Delay, Jitter / Frame Delay Variation, or Packet / Frame. Spectrum Enterprise will classify Service problems as follows: lli. Service Availability "Service Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the Service is unavailable due to a Priority 1 Outage ( "Downtime "),, divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target: Spectrum Enterprise: Ethernet S A.v.181023 Page t of 5 ©:2017, 2018 Charter Communications. All Rights Reserved. Not all pricing and services are available in all areas. Pricing . and actual speeds may vary. Restrictions may apply. subject to change without notice. • Service Disruption resulting in a total loss of Service; or Priority 1 • Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing (each a "Priority 1 Outage "). Priority 2 Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing. A service problem that does not impact the Service; or Priority 3 A single non- circuit specific quality of Service inquiry. lli. Service Availability "Service Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the Service is unavailable due to a Priority 1 Outage ( "Downtime "),, divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.99% Service Availability Target: Spectrum Enterprise: Ethernet S A.v.181023 Page t of 5 ©:2017, 2018 Charter Communications. All Rights Reserved. Not all pricing and services are available in all areas. Pricing . and actual speeds may vary. Restrictions may apply. subject to change without notice. IV. Mean Time to Restore ( "MTTR ") The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes Spectrum Enterprise to. restore a Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets: for Priority 1 Outages opened during the calendar month for the Service. MTTR per calendar month is calculated as follows; Cumulative length of time to restore Priority 1 Outage(s) per Service Total number of Priority 1 Outage trouble tickets per Service V. Latency? Frame Delay Latency or Frame Delay is the average roundtrip network delay, measured every S minutes during a calendar month, unless measurement is not. possible as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each Service. The roundtrip delay is expressed in milliseconds (ms). Latency! Frame Delay is calculated as follows: Latency ! Frame Delay= Sum of the roundtrip delay measurements for a Service Total # of measurements fora Service Spectrum Enterprise Ethernet - StA.v.1810- a page a d`5 ©2017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available In all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice, Vi. Packet Loss 'I Frame Loss Ratio Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calendar month, except where any packet or frame loss is the result of an Excluded Disruption. The percentage calculation is based on frames that are transmitted from a network origination point and received at a network destination point. Packet Loss t Frame Loss Ratio is calculated as follows: Packet Loss I Frame Loss (%) = 900 ( %) — Frames Received VII. Jitter I Frame Delay Variation Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that are transmitted (one - way) from a network origination point and received at a network destination point. Spectrum Enterprise measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter I Frame Delay Variation is calculated as the average of all of the frame delay variation measurements during such calendar month and is expressed in milliseconds (ms). Jitter I Frame Delay Variation = Sum of the Frame Delay Variation measurements for a Service Total # of measurements for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 4 of 5 02017, 2018 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas; Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice. VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise will perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum Enterprise will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows, Spectrum Enterprise will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows. Maintenance Windows: Routine maintenance may be performed Monday — Friday 12 a.m. — 6 a.m. Local Time. IX. Remedies Service Credit: If the actual performance of a Service during any calendar month is less than the SLA Targets and Customer is in compliance with the terms of the Agreementand this SLA, then Customermay request credit equal to the corresponding percentage of the monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off -set against any amounts due from Customer to Spectrum Enterprise in the billing cycle foliowing the date Spectrum Enterprise makes its credit determination. Credit requests must be submitted to Spectrum Enterprise within thirty (30) days of the calendar month in which. the SLA Target was missed:. Spectrum Enterprise will exercise commercially reasonable efforts to respond to such credit requests within 30 days of receipt thereof. All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Except as set forth below, the credits described in this SLA shall constitute Customer's sole and exclusive remedy; and. Spectrum Enterprise's sole and exclusive liability, with respect to any missed SLA Targets. Service Credits hereunder shall. not be cumulative per Service. Chronic Priority 1.Outages: If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during; each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum Enterprise, provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum Enterprise within thirty (30) days afterthe event giving rise to Customer's termination right' (iii) Customer shall have paid Spectrum Enterprise all amounts due at the time of such termination for all Services provided by Spectrum Enterprise pursuant to the Agreement, and (iv) the foregoing'; termination right provides the sole and exclusive remedy of Customer and the. sole and exclusive liability of Spectrum Enterprise for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty -five (45) days after Spectrum Enterprise's receipt of such written notice of termination. Spectrum Enterprise Ethernet SLA.v.181023 Page 5 of @2017,'2618 Charter Communicatiom Ali Rights Resented. Not all. products, pricing and services are available in all areas.. Pricing and actual speeds may vary.. Restrictions may apply. subject to change Without notice.