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C13-17 TimeWarner Cable Approved October 1, 2013 City Council-Signed by Alan Kapanicas Ci3- c-k `-) TWARNER CLE TBI ARNS Class Business Class Customer Service Order Account Executive: Marcus Cardenas Phone:760/895/3645 Cell Phone: Fax:704/945/5905 Email: marcus.cardenas@twcable.com Customer Information:Customer Code 0000 CITY OF Business Name BEAUMONT Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate# 0676 Account Number Billing Address 550 E 6TH ST BEAUMONT CA 92223 Billing Contact Billing Contact Phone Billing Contact Email Address ALAN KAPANICAS 951 769-8521 elizabethu• ci.beaumont.ca.us Authorized Contact Authorized Contact Phone Authorized Contact Email Address ALAN KAPANICAS 951 769-8521 elizabethu• ci.beaumont.ca.us Technical Contact Technical Contact Phone Technical Contact Email Address Taso Alexiou (951)642-9099 taso�a tasotech.com Business Class Phone Service Order Information 550 E 6th St BLDG D Beaumont CA 92223 Porting Customer Requiredng Current LEC LEC BTN Requested Due Date I I I Yes Telepacific Trunk a Order Information For 550 E 6th St BLDG D Beaumont CA 92223 E-911 E-911 E-911 Customer Location 3 Current LEC Current IXC LEC BTN(S) Requested Due Date Location 1 I Location 2 Telepacific I I I I Dedicated Internet,Metro Ethernet,and Private Line Service Order Information For 550 E 6th St BLDG D Beaumont CA 92223 Location Customer Requested Type Bandwidth Due Date Site Name Address Location 550 E 6th St I l 550 E 6th St Beaumont CA 92223 I Host I 20Mbps 1 Page 1 of 3 ,TIME WARNER CABLE Business Class New and Revised Services and Monthly Charges At 550E 6th St Unit BLDG D, Beaumont CA 922 23 Monthly Quanti Sales Price Recurrin, Total Contract Term Descri.tion 1 $50.00 $50.00 36 Months 125 Static IP 1 $375.00 $375.00 36 Months Business Class PRI 2 $30.00 $60.00 36 Months DID Block 100 Numbers 2 $0.00 $0.00 36 Months LD 3 000 Free Minutes 1 $1 199.00 $1,199.00 36 Months Los Angeles 20 Mb�s-DIA/PRI Bundle $1 684.00 'Total *Prices do not include taxes and fees. One Time fees At 550 E 6th St Unit BLDG D, Beaumont CA 92223 Sales Price Total Description Quantity I $0.00 I $0.00 BCF Fiber Install 1 1 $0.00 Total *Prices do not include taxes and fees. Page 2 of 3 TIME WARNER CABLE Business Class Special Terms Thece rder services, products, prices and terms identified on this lCustomer has accepted this offeriby signing as appy appropriate below,Time Wa ner Cable reserves servicestute Time Warner Cable's offer to provide such on such terms. Untl the right to rescind this offer at any time, at its sole discretion. The Agreement shall be renewable for successive terms unless at least thirty (30) days prior to the expiration of the then- current term, either party notifies the other party of such party's intent not to renew this Agreement. Agreement term and corresponding monthly billing will commence on actual service installation date. Cable television and Work-at-home services are subject to annual price change. IElectronic 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 Time Warner Cable tho • =d Signature forCueto C Mann , is iiu / and and Ti .J Printed Name and Title Printed Name lb- 1 — 13 Date Signed Signed Page 3 of 3 WARNER CABLE TIME Business Class Service Agreement This Time Warner Cable Business Class Service Agreement("Service Agreement") in addition to the Time Warner Cable Business Class Terms and Conditions ("Terms and Conditions") and any Time Warner Cable Business Class Service Orders (each, a "Service Order"), constitute the Master Agreement by and between customer identified below ("Customer") and Time Warner Cable ("TWC" or "Operator") and is effective as of the date last signed below. Time Warner Cable Information Time Warner Cable Inc. Street: 83473 Avenue 45 Contact: Marcus Cardenas City: Indio Telephone: 760/895/3645 ext: State: CA Facsimile: 704/945/5905 Zip Code:92201 Customer Information ID No: Customer Name(Exact Legal Name): 06Federal6 CITY OF BEAUMONT Billing Address: Suite: City: State: Zip Code: 550 E 6TH ST BEAUMONT CA 92223 Billing Contact Name: Phone: E-mail: ALAN KAPANICAS (951)769-8521 elizabethu@ci.beaumont.ca.us Authorized Contact Name: Phone: E-mail: ALAN KAPANICAS (951)769-8521 elizabethu@ci.beaumont.ca.us Agreement THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS (AVAILABLE AT http://business.twc.com/legal), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Electronic Signature Disclosure Authorized Signature for Authorized Signature for Customer Time Warner Cable Inc. By: By: Name(printed): Name(printed): Title: Title: Date: Date: e TIME WARNER CABLE Business Class` You first The technology follows' Business Class Phone & Business Class Trunk Service Notice and Acknowledgement Regarding E911 Customer understands and acknowledges that the Time Warner Cable Business Class Phone & Business Class Trunk (SIP or PRI) voice-enabled customer premise equipment is electrically powered and, in the event of a power outage or Time Warner Cable network failure, Enhanced 9-1-1 ("E911") services may not be available. The Time Warner Cable Business Class Services Agreement prohibits moving your Time Warner Cable voice-enabled customer premise equipment to a new service address. Customer understands and acknowledges that if this equipment is moved to another location, E911 services may not operate properly and emergency operators may be unable to accurately identify the caller's address in an emergency. The E911 location specified on the Time Warner Cable Business Class Service Order will be provided to emergency operators for emergency calls made from the telephone numbers associated with this Service Order. To move your service to another location, you must call Time Warner Cable. Customer agrees to specifically advise every end user of the Time Warner Cable Business Class Phone or Trunk service, prominently and using the language provided above, of the circumstances under which E911 service may not be available through Time Warner Cable Business Class Phone or Trunk service and to distribute Safety Stickers, to be supplied by Time Warner Cable, to all end users of the Time Warner Cable Business Class Phone or Trunk service and instruct each end user to place a Safety Sticker on or near any telephone or other equipment used in conjunction with the service. Customer must ensure that all alarm, security, medical and/or other monitoring systems and services are tested to validate proper operation after Business Class Phone or Trunk service is installed. By signing my name below, I acknowledge that I have received and understand this Notd owledgement and a ree to the obligations described above. Lg-/----- D tin - �3 (Date Signed) /4/ thorized Customer Sig r Time Warner Cable Business Class is a trademark of Time Warner Inc.Used under license.02009 Time Warner Cable.All rights reserved. OPPIFIFir- Time Warner Cable Business Class Ethernet and Dedicated Internet Access Service Level Agreement This document outlines the Service Level Agreement ("SLA") for the Ethernet and Dedicated Internet Access ("DIA") fiber-based Services (each, a "Service"). Capitalized words used, but not defined herein, shall have the meanings given to them in the Time Warner Cable Business Class Service Agreement (including the terms and conditions, attachments, and Service Orders described therein, the "Agreement"). This SLA is a part of, and hereby incorporated by reference into, the Agreement. If any provision of this SLA, on the one hand, and any provision of the Agreement, on the other hand, are inconsistent or conflicting,the inconsistent or conflicting provision of this SLA shall control. I.SLA Targets: Service Availability Mean Time To Latency(Roundtrip) Packet Restore("MTTR") Loss DIA/Ethernet End to End: Priority 1 DIA:45ms (Metro and Regional 99.99% Outages <0.1% Services) (On-Net Circuit) within 4 hours Ethernet: Metro Market-10ms Wide Area Market-25ms Metro Market Exception-45 ms rp TIME WARNER CABLE Business Class Page 1 You first.Thele(hnolagyfollows'" IPIPFPWP- II. Priority Classification: A "Service Disruption" is defined as a disruption or degradation that interferes with the ability of a TWC network hub to: (i) transmit and receive network traffic on Customer's dedicated access port at the TWC network hub; and (ii) exchange network traffic with another TWC network hub. The Service Disruption period begins when Customer reports a Service Disruption using TWC's trouble ticketing system by contacting Customer Care, TWC acknowledges receipt of such trouble ticket, and TWC validates that the Service is affected. The Service Disruption ends when the affected Service has been restored. TWC will classify Service Disruptions as follows: Priority Criteria a. Total loss of Service other than as a result of Excluded Disruptions(as defined below) Priority 1 b. Service degradation to the point where Customer is unable to use the Service and is prepared to release it for immediate testing. Priority 2 Degraded Service where Customer is able to use the Service and is not prepared to release it for immediate testing. Priority 3 a. A service problem that does not impact the Service. b. A single non-circuit specific quality of Service inquiry. III. Network Availability "Network Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the circuit is unavailable due to a Priority 1 Outage ("Downtime"), divided by the total number of minutes in a calendar month. Downtime excludes (i) planned outages, (ii) routine maintenance, (iii)time when TWC is unable to gain access to Customer's premises to troubleshoot, repair or replace equipment or the circuit, (iv) service problems resulting from acts or omissions of Customer, (v) Customer equipment failures, and (vi) Force Majeure Events(collectively"Excluded Disruptions"). "p TIME WARNER CABLE Business Class Page 2 - YOU NV.ThtwonuluyySollow .. Commitment: TWC's monthly Network Availability Target is 99.99%for that portion of the circuit that is part of TWC's own network("On-Net Circuit")and not any portion that is provided by a third party. The following table contains examples of the percentage of Network Availability translated into minutes of Downtime for the 99.99% Network Availability target: Percentage by Days Per Month Total Minutes I 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 a Priority 1 Outage is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes TWC to restore Service for an On-Net Circuit 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 that circuit. MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outage(s)per On-Net Circuit Total number of Priority 1 Outage trouble tickets per On-Net Circuit Page 3 V. Latency(On—Net Circuit) Latency is the average roundtrip network delay, measured every 5 minutes during a calendar month, to adequately determine a consistent average monthly performance level for latency for each On-Net Circuit. The roundtrip delay is expressed in milliseconds(ms). For DIA,TWC measures latency using a standard 64 byte ping from the Customer dedicated access port at the TWC network hub to the TWC Internet access router in a roundtrip fashion between TWC inter-regional transit backbone (TBONE) routers. For Ethernet, TWC measures latency using a standard 64 byte ping between closest TWC network hubs to corresponding site A and site Z locations in a roundtrip fashion. Latency is calculated as follows: Latency= Sum of the roundtrip delay measurements for an On-Net Circuit Total#of measurements for an On-Net Circuit Latency targets for Ethernet circuits in defined Metro Area Markets,Wide Area Markets,and Metro Market Area Exceptions are as follows: y ottOrtgket Wide Area Market— Metre Area MarketfxceptiPasr lain s Leten' 25ms Latenc 45ms Latenc Found tnp Where both sites A and Z are within the same Round trip between any 2 Round Trip between any Metro Area tiag,..lipjket Metro Area Markets within Market and Metro Area Market Exception} Wide Area Market within same.Wide.Area Market,except that where both sites:A and Z, a Kiri tf �Memo Market Area1P.pttofl, .: hem Page 4 Metro Areallarket— Wide Area Market— Metro Area Market Exceptions— 40nistatency,,_. . 25ms Latency 45ms Latency poinotriliwhere both sites A and Z are within the same Round trip between any 2 Round Trip between any Metro Area Metro Area Market Metro Area Markets within Market and Metro Area Market Exception Wide Area Market within same Wide Area Market,except that where both sites A and Z are within the same Metro Market Area Exception, the Latency target is 10ms. • North Los Angeles,CA • Desert Cities,CA PacWest Region • Coeur d'Alene,ID • South Los Angeles,CA • Yuma,AZ • Gunnison,CO • San Diego,CA • Honolulu, HI • Telluride,CO • Palm Springs,CA • Pullman,WA • New York City(including • Albany,NY Northeast/NYC Region • Portland,ME all surrounding boroughs and metro areas in New • Buffalo, NY Jersey and Pennsylvania) • Rochester,NY • Syracuse,NY TIME WARNER C ABLE Business Class Page 5 Vou first.Pit technofu,py Inllowa' VI. Packet Loss (On Net) Packet Loss is defined as the percentage of packets that are not successfully received compared to the total packets that are sent in a calendar month. The percentage calculation is based on packets that are transmitted from a network origination point and received at a network destination point(TWC network hub to TWC network hub). Packet Loss is calculated as follows: Packet Loss (%) = 100 (%) — Packets Received (%) VII. Network Maintenance Maintenance Notice: Customer understands that from time to time, TWC will perform network maintenance for network improvements and preventive maintenance, and in some cases, TWC will have to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. TWC will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance. Maintenance Windows: Routine maintenance may be performed during the following maintenance windows: Monday—Friday 12 a.m.—6 a.m. Local Time Pe TIME WARNER CABLE Pages Business Class' _,r You tart.Tho technology follows plOPPrilli.- VIII. Service Credits Any SLA credits shall be calculated based on a percentage of the Service Charges for the Service that was affected by the Service Disruption. All credits must be (a) requested by the Customer within 30 days of a Service Disruption by calling the Customer Care Center and opening a trouble ticket and (b) confirmed by TWCBC engineering support teams as associated with a trouble ticket and as failing to meet the Network Availability and/or MTTR targets. The credits described in this SLA shall constitute Customer's sole and exclusive remedies, and TWC's sole and exclusive liabilities,with respect to TWC's failure to meet any service level commitments outlined herein. Customer shall not be eligible for credits exceeding four (4) months of Customer's applicable monthly Service Charges during any calendar year. Network Availability Credits In the event that Network Availability is less than 99.99% in any calendar month, then upon Customer's compliance with this section, Customer is entitled to receive a credit equal to thirty percent (30%) of the applicable monthly Service Charges for the affected Service, to be applied as a credit or set-off against any amounts otherwise due by Customer to TWC. Meantime to Restore Credits In the event that MTTR for Priority 1 Outage averages greater than 03:59:59 hours, then upon Customer's compliance with this section, Customer is entitled to receive a credit equal to the percentage of the applicable monthly Service Charges for the affected Service as set forth below, to be applied as a credit or set-off against any amounts otherwise due by Customer to TWC. MTTR Monthly Credit (%of Service Charges) >4 hours<_7:59:59 hours 4% >8hours 10% Time Warner Cable Business Class is a trademark of Time Warner Inc.Used under license.02013 Time Warner Cable.All rights reserved. TIME WARNER CABLE -_-- --Business Hass Page 7 Yuu 7irst.the ti chuology fallcwa' Attachment Time Warner Cable Business Class PRI and SIP Service Level Agreement This document outlines the Service Level Agreement("SLA")for the PRI or SIP Trunk voice service("Service"). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement. Service Availability Service availability is defined as the total number of minutes in a billing month during which the applicable trunks within TWC's network are available to complete voice calls,divided by the total number of minutes in such billing month ("Service Availability"). TWC's monthly Service Availability target is 99.97%("Service Availability Target"). Service Outage An"Outage"is the complete loss of Service Availability involving one or more trunks that results in the inability to complete voice calls for more than one(1)hour during a single incident resulting from any circumstance other than: (i)a planned outage, (ii) routine maintenance, (iii)an act or omission of Customer, (iv)applications, equipment or facilities provided by Customer or its contractors or end-users, (v)a Force Majeure event,or(vi) outages or failures outside of TWC's network(e.g.,third party provider network outages, power failures,etc.). An Outage period commences after the Customer opens a trouble ticket based on an Outage,TWC acknowledges receipt of such trouble ticket,and TWC validates that the Service is affected by an Outage.An Outage period ends when the affected Service has been restored. If TWC is unable to gain access to Customer's premises to troubleshoot,repair or replace equipment,circuits or connections,such period of delay shall not be considered when calculating the Outage period. Outage Credits Subject to Customer's full and timely compliance with this SLA, in the event Customer experiences an Outage any monthly billing period in excess of one(1)hour,Customer may request a credit for such Outage("S Credit").The SLA Credit shall be calculated as a fraction of the monthly recurring Service Charge for a affected trunk as follows: Business ( ti plipiPPPPPY- 1/30 for Outages lasting between 1 hour and 24 hours • 1/10 for Outages lasting greater than 24 hours In all cases, however,usage charges and applicable taxes will apply and will not be credited. In no event may the SLA Credit in any monthly billing period exceed the monthly recurring Service Charge for the affected trunk. Network Maintenance Maintenance Notice: Customer understands that from time to time TWC will perform routine network maintenance for network improvements and preventive maintenance, and in some cases,TWC will have to perform urgent network maintenance,which will usually also be conducted within the routine maintenance windows. TWC will use reasonable efforts to provide advance notice of the approximate time,duration and reason for the routine maintenance and if commercially practicable,will provide notice of urgent maintenance. In no event shall any routine or urgent network maintenance be calculated against the foregoing outage measurements. Maintenance Windows: Routine maintenance is typically performed during the following maintenance windows: Monday-Friday 12 a.m.—6 a.m. Local Time SLA Remedies To receive SLA Credits,Customer must: (i)notify TWC of the Outage using the TWC trouble ticketing system and(ii)within ten(10)days of(i)herein, provide a written SLA Credit request(that includes the trouble ticket number)to Customer's TWC billing contact. Notwithstanding anything to the contrary in this SLA or the Agreement,the SLA Credits shall constitute Customer's sole and exclusive remedy with respect to any Outages, Service interruption, Service loss,or Service deficiency of any kind. In no event shall TWC's failure to achieve or maintain any Service Availability Target be deemed a breach the Agreement. Time Wamer Cable Business Class is a trademark of Time Wamer Inc.Used under license. • ®2009 Time Warner Cable.All rights reserved.Revised:March 2013. • ` Business Citat.t TIME WARNER CABLE Business Class Business Class Trunk Customer Service Record Query Authorization arding the Customer's local, distance and Customer alconsents eryTime ices,cur stomer service reports access to and use s,af ndormation credit and billing g history,with respect to the bill ng telephone international communications and on the pumpers) calculating alculat ne associated ansorking telephone and proposals. This bers listed document does not constitute authorrizat authorizationadditional Timepages, Warner Cable to purpose e ca 9 pricing provide service to the customer. Customer appoints Time Warner Cable to act as its agent to the extent necessary to acquire the information described herein from the entities indicated below: r Local Exchange Carrier C✓ Inter-LATA Toll Carriers r Intra-LATA Toll Carriers ICustomer Information Account Name Account Number Federal Tax ID *****0676 CITY OF BEAUMONT Authorized Contact Pin/Code Existing Account Number ALAN KAPANICAS Billing Address 550 E 6TH ST BEAUMONT CA 92223 Account Executive Office Phone Cell Phone Fax Marcus Cardenas 760/895/3645 ext- 704/945/5905 Telephone Number Information Telephone Number or Range Current LEC Current IXC Service Address Billing Telephone Number(s) Information I I 1 550E 6th St BLDG D Beaumont CA I Telepacific 92223 THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL MODIFIED OR REVOKED IN WRITING Electronic gn: ure Disclosure By si. ng an. •ccepting b you a acknowledging that you have read and agree to the terms and condition outlined in this document. - ! ) 0 — lb- 13 (Auc \L '\ thorized Cus mer Si atue) (Date Signed) (Title) . f\flekijA a rie-- (Printed Name) Page 1 of 1 STAFF REPORT TO: Alan C. Kapanicas, City Manager FROM: Elizabeth M. Gibbs-Urtiaga, Resources Director SUBJECT: Telecommunications Contract Award DATE: October 15, 2013 BACKGROUND/ANALYSIS: For the last three years, the City of Beaumont has contracted with Telepacific for telecommunication services. Our contract is set to expire in November. From time to time, it is necessary to re-evaluate services and costs associated with all contracts and to make recommendations that enhance customer service while decreasing expenses. Staff recently conducted a shopping bid and asked several companies, including Telepacific, to submit pricing plans and options. One of the required options was to increase bandwidth across the wire. Staff contacted three companies who submitted price quotes including Telepacific, Windstream (Paetec), and Time Warner Cable Business Class. The attached spreadsheet shows price comparisons for all three companies. Time Ware Cable Business Class was the low bidder. FISCAL IMPACT: The fiscal impact to the General Fund is $20,208 annually, a savings of$14,843 from FY 12-13. RECOMMENDATION: Staff recommends Council AWARD the contract to the lowest responsible bidder, Time Warner Cable, and authorize the City Manager to execute the agreement, subject to City Attorney's non-substantive changes. i 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 o O z1 49 0 0» EA 0 4- O» 69 -. 4 LO N '9 69 f9 N ti 0 0 0 0 0 0 0 0 CD .O O O O O U) O O U 690'9 69 04 N 4-69 69 IX 49 _ s H a- N N N 4- e 20 7 O a D 0 N z c0 a) CO N O y E O us U Y 0 aU cc E m2 ,e f3 2 12 8 N m 2 {R 2 E �N� 'LiEo- U W 2 0 co CI I 01 E,(2). 000 0 0 00 0 N N O O O O O O OO o. .U►N CO N CD 69f9 694 N fA• to 69 ,- , '9 w N C N Eo a= o 0 0 0 O 0 0 0 OE O 0 CD 0 0) 0 0 0 O_T O O O U N C ='9 '9 N fp g g '9 a' O N U °x f9 (h m .- C cal O J o N. 3 100 v a $ v m ,_ ,_ o m E d N M N O 2 2 {Cp 2 C _ vcas O m U S 7 Q N❑ aE O a) 0) d Sc - 2 ZE O c $ E 0 tr f00 Pi 0 12 0 C 8J dUY YO C co„ y d d =S .c.) 2NN g N NU U N E YO C m Dn LL m ac2� — N N p)V 0 1 cDam vC c f ` c _ ci f0 a00 -1 v 00 LL M S J 8 000 0 0 00 CD O O O O O O O O O O L_ U)) Nfoo 49 rn 69E 69� f9 CIfA CO W E. 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