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HomeMy WebLinkAboutPR 20196: FOR DATA AND NETWORKING SERVICES AGREEMENT AT 1440 TERMINAL RD _ a City of I rthu Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 6, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Dr. Hani Tohme, P.E., Director of Utilities RE: P.R. 20196 for Data and Networking Services Agreement at 1440 Terminal Rd. Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to enter into a three-year contract with Spectrum, of Stamford, Connecticut, for data and networking services with a projected budgetary impact of$33,874.00 over four fiscal years. Background: Data and networking services are needed at the water tower at 1440 Terminal Road; Spectrum was selected by the MIS and Purchasing Departments. The minimum contract with Spectrum is for three years. This tower will be a central data hub for Supervisory Control and Data Acquisition (SCADA)of water distribution pumps and sanitary sewer lift stations. Burke'Impact: The projected budgetary impact is $33,874.00 over four fiscal years as follows, FY2018 $4,920.00, FY2019 $11,208.00, FY2020 $11,208.00, and FY2021 $6,538.00. Funding is provided in Utilities Operations account number 410-1251-532.61-03, Communications. Recommendation: It is recommended that City Council approve P.R. 20196, authorizing the City Manager to enter into a contract with Spectrum of Stamford, Connecticut, for data and networking services at the water tower located at 1440 Terminal Road. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. No. 20196 Page 1 of 2 4/24/18 ds RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND SPECTRUM OF STAMFORD, CONNECTICUT FOR DATA AND NETWORKING SERVICES FOR THE WATER TOWER AT 1440 TERMINAL ROAD, WITH A PROJECTED BUDGETARY IMPACT OF $33,874.00 TOTAL; FUNDING IS PROVIDED IN WATER UTILITIES ACCOUNT NUMBER 410-1251-532.61-03, COMMUNICATIONS. WHEREAS, the Utilities Department desires to enter into a Service Agreement, in substantially the same form as Exhibit "A", with Spectrum in order to supply data and networking services to the water tower at 1440 Terminal Road; and, WHEREAS, the tower will be a central data hub to control water distribution pumps, monitor distribution system pressures, and monitor and control sanitary sewer lift stations; and, WHEREAS, the three-year service agreement with Spectrum is projected to have a total projected budgetary impact of$33,874.00 with said payments over a period of four (4)years; and. WHEREAS, the City Council hereby authorizes the City Manager to execute the Service Agreement between Spectrum and the City of Port Arthur in substantially the same form as Exhibit "A" attached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is authorized to execute the Service Agreement in substantially the same form as attached hereto as Exhibit"A". Section 3. That a copy of the caption of this Resolution be spread upon the minutes of the City Council. P. R. No. 20196 Page 2 of 2 READ, ADOPTED, AND APPROVED this day of , 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: /. 4,//itid_ / Val T�1 t Harvey Robinson City Attorney, Interim City Manager dPet.,tf,[jn' Dr. Hani Tohme, P.E. Andrew Vasquez, CPA Director of Utilities Director of Finance EXHIBIT A Spectrum ► 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("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 Agreement"). 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: Will Nichols Phone: (409)720-5508 ext: Cell Phone: +1 4095438723 Fax: (409)720-5508 Email:william.nichols@charter.com Order# 10365027 Customer Information:Customer Code GOVT-City of Port Business Name Arthur(HQ) Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate# "•.••,1885 Billing Address Attention To: Account Number 444 4th St Port Arthur TX 77640 Billing Contact Billing Contact Phone Billing Contact Email Address Fay Young (409)983-8164 fayyouung_a@portarthurtx.gov Authorized Contact Authorized Contact Phone Authorized Contact Email Address Fay Young (409)983-8164 fay young@portarthurtx.gov Technical Contact Technical Contact Phone Technical Contact Email Address Page 1 of 3 �LVIU Cildltel Cu111111uiiit.uiulls CONFIDENTIAL 161111 v.1 Cullllll ai Spectrum► New and Revised Services and Monthly Charges At 1440 Terminal Rd Unit Water Tower, Port Arthur TX 77640 Monthly Description Quantity Sales Price Recurring Total Contract Term 5 Static IP 1 $35.00 $35.00 36 Months Fiber Internet 100Mbps 1 $899.00 $899.00 36 Months `Total $934.00 *Prices do not include taxes and fees. One Time fees At 1440 Terminal Rd Unit Water Tower, Port Arthur TX 77640 Description Quantity Sales Price Total FIBER INSTALLATION 1 $250.00 $250.00 Total $250.00 *Prices do not include taxes and fees. Page 2 of 3 ©2016 Cita'LCI ColllllIu111l:taiuu s CONFIDENTIAL 1611Iv.1 I..UIIl111C11:1 a1 Spectrum ► 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 Printed Name and Title Date Signed Page 3 of 3 ©2016 Gimlet CV11L11uiiicuik,us CONFIDENTIAL 16111 I V.I Cuji lllll'I ciul SpecIrum► SERVICE AGREEMENT This Service Agreement, including all Service Orders entered into hereunder and the Commercial Terms of Service available at www.charter.com, are incorporated herein by this reference, (collectively the "Service Agreement"), executed and effective upon the date of the signature set forth below (the "Effective Date"), is between customer identified below("Customer") and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder("Spectrum"). Spectrum Information Spectrum Will Nichols Street:602 Highway 69 N Contact: City: Nederland Phone: (409)720-5508 State: TX Zip Code: 77627 Facsimile: (409)720-5508 Customer Information Customer Name(Exact Legal Name): Federal Tax ID: GOVT-City of Port Arthur(HQ) 1885 Billing Address: Suite: City: State: Zip Code: 444 4th St Port Arthur TX 77640 Billing Contact Name: FayYoungPhone: Email: (409)983-8164 fay.young@portarthurtx.gov Authorized Contact Name: Phone: Email: Fay Young (409)983-8164 fay.young@portarthurtx.gov Additional Terms BY EXECUTING THIS SERVICE AGREEMENT WHERE INDICATED BELOW, CUSTOMER ACKNOWLEDGES THAT (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES 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. (Authorized Customer Signature) (Date Signed) (Printed Name) (Title) :2016 Charter Communications Operating,LLC CONFIDENTIAL 170216 v.1 Commercial Spectrum. ENTERPRISE Spectrum Enterprise Fiber Internet Access Service Level Agreement This document outlines the Service Level Agreement("SLA")for Fiber Internet Access("FIA")fiber-based service(the "Service"). 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. All SLA Targets in the table below are measured from Customer's Service Location to the location where Spectrum Enterprise has local access to the Internet (the Spectrum Enterprise "Point of Presence" or"POP") at the individual circuit or service level, and any applicable credits are issued only for the affected FIA circuit or service (the"Affected Service"). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. I. SLA Targets for FIA Services: Service Mean Time To Restore Latency/Frame Delay Jitter/Frame Packet Loss Availability ("MTTR") (Roundtrip) Delay Variation Frame Loss End to End: 99.99% Priority 1 Outages 45ms <2ms <0.1% within 4 hours II. Priority Classification: 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: (i) transmit and receive network traffic on Customer's dedicated access port at the Spectrum Enterprise network hub;or(ii)exchange network traffic with another Spectrum Enterprise network hub. 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 Loss. "Excluded Disruptions" means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer's Service Location, if necessary, (iv)service issues arising 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 Events. FIASLA.v.171015 Page 1 of 4 02017 Charter Communications.All Rights Reserved.Not all products.pricing and services are available in all areas.Pncrng and actual speeds may vary.Restnctions may apply.Subject to change without notice • Spectrum. ENTERPRISE Spectrum Enterprise will classify Service problems as follows: •riority Criteria Each a"Priority 1 Outage": Priority 1 • Service Disruption resulting in a total loss of Service;or • Service Degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing Priority 2 • Service Degradation where Customer is able to use the Service and is not prepared to release it for immediate testing. Priority 3 • A service problem that does not impact the Service;or • A single non-circuit specific quality of Service inquiry. III. Service Availability "Service Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the FIA 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: •ercentage by Days Per Month Total Minutes 1 Month Downtime Minutes 99.99%for 31 Days 44,640 4.5 99.99%for 30 Days 43,200 4.3 99.99%for 29 Days 41,760 4.2 99.99%for 28 Days 40,320 4 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 an FIA 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 FIA Service. MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outage(s) per FIA Service Total number of Priority 1 Outage trouble tickets per FIA Service V. Latency/Frame Delay Latency or Frame Delay is the average roundtrip network delay, measured every 5 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 FIA Service. The roundtrip delay is expressed in milliseconds(ms). FIASLA.v.171015 Page 2 of 4 ©2017 Charter Communications.All Rights Reserved.Not all products.pricing and services are available in all areas Pricing and actual speeds may vary.Restnctions may apply.Subject tc change without notice. Spectrum. ENTERPRISE Latency is calculated as follows: Latency/Frame Delay= Sum of the roundtrip delay measurements for an FIA Service Total#of measurements for an FIA Service 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/Frame Loss Ratio is calculated as follows: Frames Packet Loss/Frame Loss(%) = 100(%)— Received(%) VII. Jitter/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/ 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/Frame Delay Variation is calculated as follows: Jitter/Frame Delay Variation= Sum of the Frame Delay Variation measurements for an FIA Service Total#of measurements for an FIA Service 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. FIASLA.v.171015 Page 3 of 4 02017 Charter Communications All Rights Reserved.Not all products.pricing and services are available in all areas.Pncing and actual speeds may vary.Restrictions may apply.Subject to change without notice. • • Spectrum. ENTERPRISE IX. Remedies Service Credits: If the actual performance of an FIA Service during any calendar month is less than the SLA Targets and Customer is in compliance with the terms of the Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off-set against amounts due from Customer to Spectrum Enterprise in the billing cycle following 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 thirty(30)days of receipt thereof. Service Availability Mean Time To Restore("MTTR")Latency / Frame Jitter/Frame Delay Delay(Roundtrip) Variation Packet Loss/Frame Loss 30% >4 hours s 7:59:59 hours al 5% 5% 5% >8 hours 10% 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 after the 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. FIASLA.v.171015 Page 4 of 4 S2017 Charter Communications.All Rights Reserved.Not all products,pricing and services are available in all areas.Priang and actual speeds may vary.Restrictions may apply.Subject to change without notice