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HomeMy WebLinkAboutF-21 Staff Report - SPECTRUM Agreement 3 yr. Service Level AgreementCONSENT ITEM F-21 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK DATE: JUNE 21, 2021 SUBJECT: REQUEST TO APPROVE A THREE YEAR SERVICE-LEVEL AGREEMENT FOR FIBER-BASED ETHERNET SERVICE FOR PEG-CABLE TELEVISION GOVERNMENT ACCESS CHANNEL “AZUSA TV” WITH SPECTRUM COMMUNICATIONS BACKGROUND: The City’s PEG channel fiber connection is in need of an upgraded Fiber-Based Ethernet Connection from point A Spectrum Hub at 174 N. San Gabriel Blvd., Azusa to point B Azusa Auditorium. Azusa’s PEG channel is currently on an analog feed and it’s no longer supported by Spectrum. This upgrade will resolve issues with video and audio feed to our PEG channel. This action approves a three-year Service Level Agreement with Spectrum Communications in the amount of $25,020 and a one-time installation fee of $1,510. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1)Waive the competitive bidding process as authorized under Azusa Municipal Code § 2-520 (b) sole sources purchased due to proprietary equipment; and 2) Approve a three-year Service Level Agreement with Spectrum Communications in a not-to-exceed amount of $26,530; and 3)Authorize the City Manager to execute the Service Level Agreement, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: The City’s PEG channel is currently on an analog feed signal which is no longer supported by Spectrum Communications. This analog feed signal needs to be upgraded to a Fiber-Based Ethernet Connection to support Azusa’s PEG Channel. Staff recommends that the City enter into a three-year Service Level Agreement with Spectrum Communications. APPROVED CITY COUNCIL 6/21/2021 Approve Service Level Agreement with Spectrum Communications June 21, 2021 Page 2 FISCAL IMPACT: Upon Council approval of the recommended actions, staff will prepare a budget amendment and increase the FY 2021-22 budget by $8,340 ($25,020/3) under 48-49-930-000-6846, and subsequent years will be budgeted accordingly. The one-time installation cost of $1,510 is already included in the proposed FY 2021-22 budget under account 28-10-130-001-6835. Prepared by: Fiscal Impact Reviewed by: Adrian Garcia, MMC Talika M. Johnson Chief Deputy City Clerk Administrative Services Director Reviewed and Approved: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager Attachments: 1) Service Level Agreement with Spectrum Communications Spectrum Enterprise Ethernet SLA.v.181023 Page 1 of 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. 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”). I.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 < 10ms < 25ms < 125ms < 125ms Jitter < 2ms < 4ms < 8ms < 8ms Frame Loss < 0.01% < 0.01% < 0.01% < 0.01% Availability >99.99%>99.99%>99.99%>99.99% MTTR 4 hrs. 4 hrs. 4 hrs. 4 hrs. 1 “On-Net” includes circuits that are provided by Spectrum Enterprise to Service Locations directly from the Spectrum Network. 2 “Off-Net” 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 SLAs 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 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 Attachment 1 Spectrum Enterprise Ethernet SLA.v.181023 Page 2 of 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. 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 a n outage, disruption, or severe degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum Enterprise network hub to tran smit 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 fo r 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: Priority Criteria 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 (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 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 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 Spectrum Enterprise Ethernet SLA.v.181023 Page 3 of 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. IV. Mean Time to Restore (“MTTR”) The MTTR measurement for Priority 1 Outages is the average time to restore Priority 1 Outage s 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 fo llows: 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, mea sured 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 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 for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 4 of 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 / 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 calen dar 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: 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. 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 Va riation = Sum of the Frame Delay Variation measurements for a Service Total # of measurements for a Service Spectrum Enterprise Ethernet SLA.v.181023 Page 5 of 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. VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise wi ll 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 Agreement and this SLA, then Customer may 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 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 30 days of receipt thereof. Service Availability Mean Time To Restore (“MTTR”) Latency / Frame Delay (Roundtrip) Jitter / Frame Delay Variation Packet Loss / Frame Loss 30 % > 4 hours ≤ 7:59:59 hours 4% 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. Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 1 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/4/2021 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. Spectrum Enterprise Contact Information Spectrum Enterprise 12405 Powerscourt Drive St. Louis, MO 63131 Contact: Liisa Vardayou Telephone: 951-255-2980 Email: liisa.vardayou@charter.com Customer Information Customer Name CITY OF AZUSA Order # 12602801 Address 213 E Foothill Blvd Azusa CA 91702 Telephone (626) 812-5271 Email: agarcia@azusaca.gov Contact Name AdrianGarcia Telephone (626) 812-5271 Email: agarcia@azusaca.gov Billing Address 213 E Foothill Blvd Azusa CA 91702 Billing Contact Name Adrian Garcia Telephone (626) 812-5271 Email: agarcia@azusaca.gov Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 2 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/4/2021 NEW AND REVISED SERVICES AT 213 E Foothill Blvd Unit PEG, Azusa CA 91702 Service Description Contract Term Quantity Sales Price Monthly Recurring Charges ASI Video Transport 6M 36 Months 1 $ 0.00 $ 0.00 Ethernet - Spoke 36 Months 1 $ 0.00 $ 0.00 Ethernet EVPL Interstate 10 Mbps 36 Months 1 $ 0.00 $ 0.00 Management Channel 36 Months 1 $ 0.00 $ 0.00 Retail Ethernet EVPL Interstate 36 Months 1 $ 370.00 $ 370.00 TOTAL* $370.00 NEW AND REVISED SERVICES AT 174 N San Gabriel Ave Unit PEG, Azusa CA 91702 Service Description Contract Term Quantity Sales Price Monthly Recurring Charges Ethernet - Hub - Master 36 Months 1 $ 0.00 $ 0.00 Ethernet EVPL Interstate 10 Mbps 36 Months 1 $ 0.00 $ 0.00 Retail Ethernet EVPL Interstate 36 Months 1 $ 325.00 $ 325.00 TOTAL* $325.00 ONE TIME FEES AT 213 E Foothill Blvd Unit PEG, Azusa CA 91702 Service Description Quantity Sales Price Install One Time Charge Ethernet Fiber Install 1 $ 335.00 TOTAL* $335.00 Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 3 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/4/2021 ONE TIME FEES AT 174 N San Gabriel Ave Unit PEG, Azusa CA 91702 Service Description Quantity Sales Price Install One Time Charge Ethernet Fiber Install 1 $1,175.00 TOTAL* $1,175.00 1. TOTAL FEES. Total Monthly Recurring Charges and Total One -Time Charges are due in accordance with the monthly invoice. 2. TAXES. Prices for Services do not include taxes, surcharges, or other fees. 3. NO UNTRUE STATEMENTS. Customer represents and warrants to Spectrum that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Spectrum contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 4. SPECIAL TERMS. Spectrum provides Video Transport Services to deliver Customer-generated video signal content over Ethernet fiber circuits. The Parties agree that Spectrum will provide an Ethernet Fiber Circuit as described in this Service Order to transport video and audio signals from Customer’s Public, Education and Governmental Educational (PEG) origination site(s) to Spectrum’s transmission facilities for cablecasting on a PEG channel on Spectrum’s Cable System at the rates described in this Service Order. The Parties have caused their duly authorized representatives to execute this Service Order. CUSTOMER SIGNATURE \s1\ Signature:_______________________________________________________________________________________ \n1\ Printed Name:____________________________________________________________________________________ \t1\ Title:_____________________________________________________________________________________________ \co1\ Company:________________________________________________________________________________________ \d1\ Date:______________________________________________________________________________________________ Adrian Garcia Spectrum Enterprise Service Order v2011113 CONFIDENTIAL Page 4 of 4 © 2016-2021 Charter Communications Operating, LLC. All Rights Reserved Created Date: 6/4/2021 Certificate Of Completion Envelope Id: 7803745423214082932DD5D4233D936F Status: Delivered Subject: Documents for your DocuSign Signature Source Envelope: Document Pages: 9 Signatures: 0 Envelope Originator: Certificate Pages: 4 Initials: 0 Liisa Vardayou AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) liisa.vardayou@charter.com IP Address: 13.108.238.8 Record Tracking Status: Original 6/4/2021 8:17:39 AM Holder: Liisa Vardayou liisa.vardayou@charter.com Location: DocuSign Signer Events Signature Timestamp Adrian Garcia agarcia@azusaca.gov Security Level: Email, Account Authentication (None) Sent: 6/4/2021 8:17:40 AM Viewed: 6/7/2021 10:13:27 AM Electronic Record and Signature Disclosure: Accepted: 6/7/2021 10:13:27 AM ID: cd56e840-8d44-4aa7-849f-9e10d49c50c5 Company Name: Spectrum Enterprise In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/4/2021 8:17:40 AM Certified Delivered Security Checked 6/7/2021 10:13:27 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Charter Communications Operating, LLC (“Spectrum”) may be required by law to provide to you certain written notices or disclosures. 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