HomeMy WebLinkAboutContract 42303-WO14 Z��VD CITY 89C MAW
Ric CO -sFACT NO. a
Document No.DID-0000341442 EC —4 2015 lfov
CCM kV 97 CFiICAS '
Customer Information and Contract Specifications
Customer Name: City of Fort Worth
Service Order
Service Address Description Order Term Qty Unit MRC Unit NRC Total MRC Total NRC
Type (Months)
1000 THROCKMORTON Internet Access-1 Gbps New 36 1 $2,575.00 $0.00 $2,575.00 $0.00
ST,CITY OF FORT
WORTH,FORT
WORTH,TX 76102 USA
Service Level=24x7x4
Primary DNS(up to 10)
-Secondary DNS(up to 50)
Internet Transport-Ethernet 1 Gbps 1 $298.00 $0.00 $298.00 $0.00
Site Readiness 1 $0.00 $0.00 $0.00 $0.00
-Transport=Ethernet 1 Gbps
-Standard Delivery-To the MPoE
(Customer Provided)
Subtotal $2,873.00 $0.00
otals $2,873.00 $0.00
Terms and Conditions Governing This Order
1. This confidential Customer Order may not be disclosed to third parties and is non-binding until accepted by Level 3 as
set forth in section 4.
2. Pricing is generally valid for 90 calendar days from the date indicated unless a different time period is otherwise
specified herein. Prior to installation Level 3 may give written notice to Customer (which may be via e-mail) of price
increases due to price changes by off-net suppliers. Customer has 2 business days following such notice to terminate this
Customer Order (without liability) otherwise Customer is deemed to accept the increase. Services may be provided by
Level 3 or its affiliates. If any aspect of the Services set forth herein is to be provided internationally, a Local Country
Agreement may be required.
3. If a generic demarcation point(such as a street address) is provided, the demarcation point for on net services shall be
Level 3's Minimum Point of Entry (MPOE) at such location (as determined by Level 3) and off-net demarcation points shall
be the off-net vendor's MPOE. If this Customer Order identifies aspects of services which are procured by Customer
directly from third parties, Level 3 is not liable for such services.
4. Customer places this Customer Order by signing (including electronic or digital signature) or otherwise acknowledging
(in a manner acceptable to Level 3) this document and returning it to Level 3. The Service identified in this Customer
Order shall be governed by and subject to the Master Service Agreement(s) and Service Schedule(s) (if any) between
Level 3 and Customer(or its affiliate if expressly provided for under such affiliate Master Service Agreement) applicable to
such Service. If Customer has not executed a Master Services Agreement with Level 3 but has executed a services
agreement (including but not limited to Standard Terms and Conditions)with an affiliate of Level 3 ("Affiliate Agreement"),
then the terms of the most recent such Affiliate Agreement shall apply to the Service herein (to the extent not inconsistent
with this Customer Order) provided that in such cases, the current standard Level 3 Service Schedule applicable to the
Services shall apply. In the event that Level 3 and Customer have not executed a Master Service Agreement and/or
applicable Service Schedule(s)with respect to such Service and have not executed an Affiliate Agreement, then Level 3's
standard Master Service Agreement/Service Schedule(s) (as of the date of this Customer Order) shall govern, a copy of
which are available upon request. Notwithstanding anything in any Affiliate Agreement_to the_contrary, Level 3's
OFFICIAL RECORD
Service Order Confidential CITY SECRETARY Page 1 of 3
FT,WORTH,TX
Document No. DID-0000341442 Level (3Y
acceptance of this Order will be evidenced by (and this Order will be binding on both parties upon) the earlier of Level 3's
written delivery of a Customer Commit Date ("CCD") (i.e. the projected installation date) or Level 3's delivery of the
requested Service. Additionally, notwithstanding anything in Customer's Affiliate Agreement to the contrary, at the end of
the Service Term, the Services set forth herein shall renew on a month to month basis, terminable by either party with 30
days' advanced written notice and the rates are subject to change upon 30 days' notice from Level 3.
5. Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings,
loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or
punitive damages arising out of the performance or failure to perform under this Customer Order. Customer's sole
remedies for any outages, failures to deliver or defects in Service are contained in the service levels applicable to the
affected Service.
6. All transport services ordered from Level 3 will be treated as interstate for regulatory purposes. Customer may certify
transport service as being intrastate (for regulatory purposes only) in a format as required by Level 3, but only where the
transport services are sold on a stand-alone basis, the end points for the service are located in the same state and neither
end point is a Level 3 provided IP port ("Intrastate Services"). Where Customer requests that services be designated as
Intrastate Services, Customer certifies to Level 3 that not more than 10% of Customer's traffic utilizing the Intrastate
Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election
will apply prospectively only, and will apply to all Intrastate Services stated in this Customer Order.
7. Charges for certain Services are subject to (a) a property tax surcharge of 4.25% and (b) a cost recovery fee of 3% per
month to reimburse Level 3 for various governmental taxes and surcharges. Such charges are subject to change by Level
3 and shall be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional
details on taxes and surcharges that are assessed, visit www.level3.com/taxes.
8. Customer will pay Level 3's standard: (i) expedite charges (added to the NRC) if Customer requests a delivery date
inside Level 3's standard interval duration (which will be provided by Level 3 upon request and is currently available at
https:HMyLevel3.net ) and (ii) ancillary charges for additional activities, features or options as set forth in Level 3's
ancillary charge summary, a copy of which is available upon request. If Level 3 cannot complete installation due to
Customer delay or inaction, Level 3 may begin charging Customer for the Service and Customer shall pay such charges
which will appear on Customer's first invoice following the Service Commencement Date.
9. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations,
and cross connect services are subject to whether facilities are available at the particular location to complete the
connection.
10. Notwithstanding anything to the contrary herein, and IP VPN Services ordered hereunder are governed by the Service
Schedule for Converged Services.
Additional Order Terms
As used herein, "Level 3" includes Level 3's affiliates, including but not limited to tw telecom holdings, Ilc ("TWTC"), where
such affiliates are providing the Services identified in the Order.
Invoices
Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among
the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on the Customer's
invoice by location served.
Activation Support
If requested by Customer, and for an additional charge (see the then prevailing Time and Materials rates posted at
www.twtelecom.com), assistance with activating and/or configuring equipment on Customer's side of the Demarcation
Point may be provided ("Activation Support").
Equipment Recovery
Service Order Confidential Page 2 of 3
Document No.DID-0000341442
Level (3�
C C M Y.U 4 7 C F.11 I C h 5
Upon termination of a Service for any reason, Level 3 or its representative will contact Customer to schedule a mutually
acceptable time and date for retrieval of Level 3 Equipment located on Customer's premises. Alternatively, Level 3 may
request that Customer package Level 3 Equipment and return it, at Level 3's cost, to a location identified by Level 3. If
Customer does not provide Level 3 with access to its premises to allow Level 3 to recover the Level 3 Equipment within
thirty (30) days following Level 3's contact, or if Customer does not ship the Level 3 Equipment to Level 3 within the thirty
(30) days, then Level 3 may charge Customer and Customer shall pay for the replacement cost of such Equipment.
Signature Block
Customer: City of Fort Worth
Signature: 1
Name:
Title: Assistant City ManaW
Date: � 2, 41 MI
Customer and the individual signing above represent that such individual has the authority to bind Customer to this
Agreement.
APPRAVFD TO AM i .LIT%:
Malestti+a► lasate�=
Senior Assistant CitW Attar
Date Approved: 1'�2
AttesW b 4 �� ®
Maw S r, SeC11S
OFFICIAL RECORD
CITY SECRETARY
FT- WORTH rig
Service Order Confidential Page 3 of 3
M&C Review
I UNCIL GEINV A FIRT�r�VORTH
COUNCIL ACTION: Approved on 12/1/2015
REFERENCE,C-27542 04TW TELECOM - LEVEL 3
DATE: 12/1/2015 NO.: C-27542 LOG NAME: SERVICES AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No. 42303, a Service
Agreement with TW Telecom Holdings, LLC, Formerly Known as TW Telecom Holdings,
Inc., Using a Cooperative Agreement at an Annual Cost Not to Exceed $559,200.00 for
Continued Telecommunications Services for the Information Technology Solutions
Department (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to City Secretary Contract No. 42303, a
Service Agreement with TW Telecom Holdings, LLC, formerly known as TW Telecom Holdings, Inc.,
using General Services Administration Contract No. GS-35F-0426R at an annual cost not to exceed
$559,200.00 to continue providing telecommunications services at multiple City of Fort Worth sites for
the Information Technology Solutions Department.
DISCUSSION:
Employees at most City of Fort Worth (City) sites are provided access to information systems and
resources via the City's data network. This network provides the connectivity required for computers
and workstations at remote sites to access computing systems in the City Hall data center. At most sites
outside the downtown area, a key component of this connectivity is one or more telecommunications
circuits provided by a public carrier.
On May 3, 2011, (M&C C-24894) the City Council approved execution of the Master Services Agreement
with TW Telecom Holdings Inc., now TW Telecom Holdings, LLC (TW Telecom), which became effective
September 19, 2011 as City Secretary Contract (CSC) No. 42303. The IT Solutions Department (ITS)
obtains telecommunications services from TW Telecom for City locations when these services are more
cost effective or a cost reduction can be realized. This amendment will extend the term of the
Agreement for a period of three years allowing the City to continue providing redundancy and cost
advantages required by the City's internal network. The result will be a reduction of$11,467.20 per
month or $137,606.40 per year in service charges.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. The U.S. General Services Administration (GSA) is authorized
to offer Cooperative Purchasing Programs to state agencies, public institutions of higher learning, public
school districts and local governments.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the
purchase of goods or services is from source(s) where subcontracting or supplier opportunities are
negligible.
http://apps.cAvnet.org/council_packet/me review.asp?ID=21708&councildate=12/1/2015[12/2/2015 9:44:14 AM]