HomeMy WebLinkAboutC-6214 - Service Agreement for Ethernet ServiceService Agreement
�c TIME WARNER CABLE
Business Class
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 Enterprises LLC
Street: 10450 Pacific Center Court
City: San Diego
State: CA
Zip Code: 92121
Customer Name (Exact Legal Name):
CITY OF NEWPORT BEACH
Contact: Jeremy Koval
Telephone: (858) 805-6771
Facsimile: (704) 414-9220
Federal ID No:
Billing Address: Suite: City: State: Zip Code:
20401 Sw Acacia St I I Newport Beach ICA 1 92660
Billing Contact Name: Phone: E-mail:
Micheal Wojciechowski (949) 644-3088 mwojo@newportbeachca.gov
Authorized Contact Name: Phone: E-mail:
Micheal Wojciechowski (949) 644-3088 mwojo@newportbeachca.gov
THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS
(AVAILABLE AT WWW.TWCBC.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 condit� ns
outlined in this document.
Attest
Electronic Signature Disclosure city Clerk
Authorized Signature for
Autho iz 7tture for Customer
PO
Time Warner Cable Enterprises LLC
By:
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Name (printed):
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INTERNET I VOICE I TELEVISION I ETHERNET ( CLOUD
ETHERNET SERVICES
IleTIME WARNER CABLE
Business Class®
This document outlines the Service -Level Agreement ("SLA") for Ethernet fiber -based service (the "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 and any provision of the Agreement are inconsistent or conflicting, the inconsistent or conflicting provision of this SLA shall
control. This SLA document applies only to services provided over TWC's own network ("On -Net") and not to any portion that is provided by a third party.
All SLA Targets in the table below are measured at the individual circuit or port level, and any applicable credits are issued only for the affected On -Net
circuit or port (the "Affected Service").
I. SLA Targets for On -Net Services
MEANTIMETO LATENCY/FRAME JITTER/ DELAY PACKET FRAME
SERVICE AVAILABILITY I
RESTORE ( MTTR") ( DELAY (ROUNDTRIP) VARIA ON I LOSS/
Metro I, • 1
End to End:
Outages
1 '
99.99%
hours
WAN Exceptions — 45ms
< 4ms within WAN
National
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
TWC network hub to transmit and receive network traffic between Customer's A and Z Locations. 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,
TWC 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 TWC is unable to gain access to Customer's
premises 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 Events.
TWC will classify Service problems as follows:
PRIORITY CRITERIA
A. Service Disruption resulting in a total loss of Service; or
Priority 1 B. Service Degradation to the point that 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.
Priority 3 A. A service problem that does not impact the Service; or
B. A single non -circuit specific quality of Service inquiry.
INTERNET ( VOICE I TELEVISION I ETHERNET I CLOUD
ETHERNET SERVICES SERVICE -LEVEL AGREEMENT (CONT.)
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III. Service Availability
"Service Availability" is calculated as the total number of minutes in a calendar month less the number of minutes that the On -Net 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:
PERCENTAGE BY DAYS PER MONTH TOTAL
MINUTES/ 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 TWC to restore an On -Net 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 On -Net Service.
MTTR per calendar month is calculated as follows:
Cumulative length of time to restore Priority 1 Outage(s) per On -Net Service
MTTR =
Total number of Priority 1 Outage trouble tickets per On -Net 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 On -Net Service. The
roundtrip delay is expressed in milliseconds (ms). TWC measures frame delay using a standard 64 byte ping between the closest TWC network hubs to
corresponding Customer A and Z locations in a roundtrip fashion.
Latency / Frame Delay is calculated as follows:
Sum of the roundtrip delay measurements for an On -Net Service
Latency/ Frame Delay =
Total # of measurements for an On -Net Service
INTERNET I VOICE I TELEVISION I ETHERNET I CLOUD
ETHERNET SERVICES SERVICE -LEVEL AGREEMENT (CONT.)
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Latency/ Frame Delay Targets for Services in defined Metro Area Markets, WAN, WAN Exceptions and National are as follows.
METRO AREA MARKET — 10MS LATENCY
WAN —
WAN EXCEPTIONS —
NATIONAL-
Roundtrip where both sites A and Z are within the same
Roundtrip between any 2
Roundtrip between any
Roundtrip between any two
Metro Area Market
Metro Area Markets within
Metro Area Market and
WANs
the same WAN
WAN Exception within the
same WAN, except that
where both sites A and Z
are within the same WAN
Exception, the Latency
target is 10ms.
• Austin, TX
• Laredo, TX
Texas WAN
• EI Paso, TX
• Beaumont, TX
• San Antonio, TX
• Rio Grande Valley, TX
• Corpus Christi, TX
• Dallas, TX
• Del Rio, TX
• Eagle Pass, TX
• Wichita Falls, TX
• Kansas City, KS
• Kansas City, MO
• Lincoln, NE
• North Los Angeles, CA
• Desert Cities, CA
PacWest WAN
• Coeur d'Alene, ID
• South Los Angeles, CA
• Palm Springs, CA
• Gunnison, CO
• San Diego, CA
• Yuma, AZ
• Telluride, CO
• Pullman, WA
• Libby, MT
• Honolulu, HI
• Columbus, OH
• Louisville, KY
Mid -West WAN
• Bolivar, TN
• Cincinnati, OH
• Lexington, KY
• Charleston, WV
• Dayton, OH
• Green Bay, WI
• Clarksburg, WV
• Akron, OH
• Appleton, WI
Richmond, KY
• Cleveland, OH
• Milwaukee, WI
• Terre Haute, IN
• Lima, OH
• New York City (including
• Albany, NY
Northeast/ NYC WAN
Portland, ME
all surrounding boroughs
• Buffalo, NY
and metro areas in New
• Rochester, NY
Jersey and Pennsylvania)
• Syracuse, NY
• Hudson Valley, NY
• Greensboro, NC
• Florence, SC
Carolinas WAN
• Atlanta, GA
• Raleigh, NC
• Columbia, SC
• Augusta, GA
• Charlotte, NC
• Myrtle Beach, SC
• Birmingham, AL
• Fayetteville, NC
• Hilton Head, SC
Dothan, AL
• Asheville, NC
• Charleston, SC
• Huntsville, AL
• Wilmington, SC
• Greenville, SC
Chattanooga, TN
• Knoxville, TN
• Nashville, TN
INTERNET ( VOICE I TELEVISION I ETHERNET I CLOUD
ETHERNET SERVICES SERVICE -LEVEL AGREEMENT (CONT.)
VI. Packet Loss / Frame Loss Ratio
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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 (TWC network hub to TWC network hub).
Packet Loss / Frame Loss Ratio is calculated as follows:
Packet Loss / Frame Loss (%) =100 (%) — Frames 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 (TWC network hub to TWC network hub). TWC 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).
Sum of the Frame Delay Variation measurements for an On -Net Service
Jitter / Frame Delay Variation =
Total # of measurements for an On -Net Service
VIII. Network Maintenance
Maintenance Notice:
Customer understands that from time to time TWC will perform network maintenance for network improvements and preventive maintenance. In some
cases, TWC will need 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 outside the routine
maintenance windows.
Maintenance Windows:
Routine maintenance may be performed Monday — Friday 12 midnight -3 a.m. Local Time.
INTERNET I VOICE I TELEVISION I ETHERNET I CLOUD
ETHERNET SERVICES SERVICE -LEVEL AGREEMENT (CONT.)
IX. Remedies
Service Credits:
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If the actual performance of an On -Net Service during any calendar month is less than the SLA Targets, and Customer has complied with the requirements
in this SLA, then Customer may request credit(s) equal to the percentages) of the monthly Service Charges for only the Affected Service as set forth in the
table below. Any credits will be applied as an offset against any amounts due from Customer to TWC. All credits must be: (i) requested by the Customer
within 30 days of a Service Disruption or Service Degradation by calling the Customer Care Center and opening a trouble ticket, and (ii) confirmed by
TWCBC engineering support teams as associated with a trouble ticket and as failing to meet the applicable SLA Targets.
Except as set forth below, the credits described in this SLA shall constitute Customer's sole and exclusive remedy, and TWC's sole and exclusive liability,
with respect to TWC's failure to meet any SLA Targets. All SLA Targets are monthly measurements and Customer may request only one credit per SLA
Target per month up to a maximum of 40% of the monthly Service Charges for the Affected Service. Customer shall not be eligible for credits exceeding
four (4) months of Customer's applicable monthly Service Charges during any calendar year.
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 TWC; 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 TWC within thirty (30) days after the event giving rise to Customer's termination right; (iii) Customer
shall have paid TWC all amounts due at the time of such termination for all Services provided by TWC 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 TWC for chronic Priority 1 Outages and
Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after TWC's receipt of such written notice
of termination.
Account Executive: Jeremy Koval
Phone: (858) 805-6771 ext:
Cell Phone: +18582204883
Fax: (704) 414-9220
Email: jeremy.koval@twcable.com
le TIME WARNER CABLE
Business Class
Order # 4584503
Internet and Video Order Information For 20401 Sw Acacia St Newport Beach CA 92660
Service
Ethernet (Fiber)
Internet and Video Order Information For 124 Marine Ave P2P Newport Beach CA 92662
Service Type
Ethernet
Page 1 of 4
CITY OF NEWPORT
Business Name
BEACH
Customer Type:
Federal Tax ID
Tax Exempt Status
Tax Exempt Certificate #
Billing Address
Attention To:
Account Number
20401 Sw Acacia St Newport Beach CA 92660
Billing Contact
Billing Contact
Phone
Billing Contact Email Address
Micheal Wo'ciechowski
949 644-3088
mwo'o new ortbeachca. ov
Authorized Contact
Authorized Contact
Phone
Authorized Contact Email Address
Micheal Wo'ciechowski
949 644-3088
mwojo@newportbeachca.gov
Technical Contact
Technical Contact
Phone
Technical Contact Email Address
Internet and Video Order Information For 20401 Sw Acacia St Newport Beach CA 92660
Service
Ethernet (Fiber)
Internet and Video Order Information For 124 Marine Ave P2P Newport Beach CA 92662
Service Type
Ethernet
Page 1 of 4
IP TIME WARNER CABLE
Business Class
Internet and Video Order Information For 110 E Balboa Blvd P2P Newport Beach CA 92661
Service
Ethernet (Fiber)
Internet and Video Order Information For 475 32nd St P2P Newport Beach CA 92663
Service Type
Ethernet (DOCSIS)
475 32nd St Newport Beach, CA 92663
Dedicated Internet, Metro Ethernet, and Private Line Service Order Information For 124 Marine Ave P2P Newport Beach CA 92662
Location
Site Name Address Location Type Bandwidth
$540.00
124 Marine Ave Newport Beach, CA 92662
*Total
Dedicated Internet, Metro Ethernet, and Private Line Service Order Information For 475 32nd St P21P Newport Beach CA 92663
Location
Site Name Address Location Type Bandwidth
BCF FIBER METRO E INTRASTATE
475 32nd St Newport Beach, CA 92663
$540.00
$540.00
36 Months
*Total
New and Revised Services and Monthly Charges At 110 E Balboa Blvd Unit P2P, Newport Beach CA 92661
Monthly
Description Quantity Sales Price Recurring Total Contract Term
BCF FIBER METRO E INTRASTATE
1
$540.00
$540.00
36 Months
*Total
$540.00
*Prices do not include taxes and fees.
New and Revised Services and Monthly Charges At 124 Marine Ave Unit P2P, Newport Beach CA 92662
Monthly
Description Quantity Sales Price Recurrinq Total Contract Term
BCF FIBER METRO E INTRASTATE
1
$540.00
$540.00
36 Months
*Total
$540.00
*Prices do not include taxes and fees.
New and Revised Services and Monthly Charges At 475 32nd St Unit P2P, Newport Beach CA 92663
Monthly
Description Quantity Sales Price Recurring Total Contract Term
BCE (DOCSIS) METRO E INTRASTATE
1
$540.00
$540.00
36 Months
*Total
$540.00
*Prices do not include taxes and fees.
Page 2 of 4
/c TIME WARNER CABLE
Business Class
New and Revised Services and Monthly Charges At 20401 Sw Acacia St , Newport Beach CA 92660
Monthly
Description Quantity Sales Price Recurring Total Contract Term
Ethernet ELAN HUB
1 $0.00
$0.00
36 Months
*Total
$250.00
$0.00
*Prices do not include taxes and fees.
One Time fees At 20401 Sw Acacia St , Newport Beach CA 92660
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 475 32nd St Unit P2P, Newport Beach CA 92663
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 124 Marine Ave Unit P2P, Newport Beach CA 92662
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 110 E Balboa Blvd Unit P2P, Newport Beach CA 92661
Description Quantity Sales Price Total
Installation
1 $250.00
$250.00
Total
$250.00
*Prices do not include taxes and fees.
Page 3 of 4
1c TIME WARNER CABLE
Business Class
Special Terms
Section 21.0 of the Terms and Conditions is deleted in its entirety.
Section 22.0 of the Terms and Conditions is deleted in its entirety and replaced with the following:
22.0 Governing Law; Claims
The interpretation, validity and enforcement of the Master Agreement, and all legal actions brought under or in
connection with the subject matter of the Master Agreement, shall be governed by the laws of the State of California
(except that any conflicts -of -law principles of such state that would result in the application of the law of another
jurisdiction shall be disregarded). Any claim that Customer wishes to assert under the Master Agreement must be
initiated not later than one (1) year after the claim arose.
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.
AuthorizedSignature for Time Warner Cable Enterprises LLC
Joe. L unafdT.,:�alfs VP
Prin ed Name and Title
Date Signed
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APPROVED AS TO FORM:
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