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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: By:fir Name (printed): 0� L2C)�1CtYC\ Name (printed): "► f Title: Title: Date: Date: 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.) IleTIME WARP Busine 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.) IleTIME WARP Busine 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 11 TIME WARP Busine 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: -1PTIME WARP Busine 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 A t ' C � �--- Leil�g1 fy for Date: ��_. /_ 6 KL� Date Signed APPROVED AS TO FORM: CiV.ttomey 0