HomeMy WebLinkAboutContract 42303-WO14'
Document No. DID-0000341442
RECE\\lt.0
oE.c-• io,s
Customer Name: City of Fort Worth
Service Order
Service Address Description
1000 THROCKMORTON Internet Access - 1 Gbps
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
Site Readiness
-Transport= Ethernet 1Gbps
-Standard Delivery -To the MPoE
Customer Provided)
!Subtotal
(Totals
Order
Type
New
Terms and Conditions Governing This Order
Term Qty Unit MRC Unit NRC Total MRC Total NRC
(Months)
36 1 $2 ,575 .00 $0.00 $2 ,575 .00 $0 .00
1 $298 .00 $0 .00 $298.00 $0.00
1 $0 .00 $0 .00 $0 .00 $0 .00
$2,873.00 $0.00
$2,873.00 $0.00
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 AgreemenUService 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 A reement to contrary, Level 3's
Service Order Confidential
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 3
'
Document No. DID-0000341442
acceptance of this Order will be evidenced by (and this Order will be binding on both parties upon) the earl ier 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 w ith 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 appl icable 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 wh ich 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 Leve l 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
deta ils 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://MyLevel3 .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 , lie ("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 Confidenti al Page 2 of 3
J ~ . \.
Document No. DID-0000341442
Upon termination of a Service for any reason , Level 3 or its representative will contact Custome r 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:
Signature :
Name :
Title : Assistant Ci tJ Manager
Date : Id\
Customer and the individual s igning above represent that such individual has the authority to bind Customer to this
Agreement.
I
Se rvice Ord e r Confidenti al
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
Page 3 of 3
: . \.
M&C Rev iew
C 1TY €ouNCI L_ AGENDA
DATE:
CODE:
COUNCIL ACTION: Approved on 12/1/2015
12/1/2015 REFERENCE **C-27542 LOG NAME:
NO.:
PUBLIC
C TYPE: CONSENT HEARING:
04TW TELECOM -LEVEL 3
SERVICES AGREEMENT
NO
Official site of the City of Fort Worth, Texas
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 C ity 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 connect ivity required for computers
and workstations at remote sites to access computing systems in t he City Hall data center . At most sites
outside t he downtown area , a key component of this connect iv ity is one or more telecommunications
circu its 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 C ity 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 real ized . This amendment w ill extend the term of the
Agreement for a per iod 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 $11,46 7 .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 Administ ration (GSA) is authorized
to offer Cooperative Purchasing Programs to state agencies , public inst itut ions of higher learning , publ ic
school districts and local governments .
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requ irements was requested by the
Department and approved by the M/WBE Office , in accordance w it h the BOE Ordinance , because the
purchase of goods or services is from source (s) where subcontracti ng or suppl ier opportunities are
negligible .
http://app s.cfwnet.org/co un ci l_packe t/mc _re v ie w .as p?ID =2 1708&counci ldate = 12/1/20 I 5 [12/2/20 15 9:44: 14 AM ]
M&C R ev iew
ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the
City Manager for an amount up to $50 ,000 .00 and does not require specific City Council approval as
long as sufficient funds have been appropriated .
AGREEMENT TERM -Upon City Council's approval , this Agreement shall become effective upon
execution and continue for a term of three years .
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2016 budget included appropriations in the amount of $3 ,687 ,899.00 in the Information
Technology Systems Fund for this purpose . As of November 16 , 2016 , the amount of $452 ,587 .00 has
been expended . Upon approval of this recommendation , the Financial Management Services Director
certifies that funds are available in the current operating budget , as appropriated , of the Information
Systems fund .
TO ;::.._-~-----~---~---~---~---~----,.--------~---~ Fund Department
ID
FROM
Fund Department
Account Project Program Activity Budget
ID Year
Account Project Program Activity Budget
Reference#
(Chartfield 2)
Reference#
ID ID Year (Chartfield 2)
I 60105 0046002 5410103
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Susan Alan is (8180 )
Kevin Gunn (2015)
Damon Jackson (8483)
http://a pp s.cfwnet.org/co uncil_pac ke t/mc _rev ie w.as p?ID=2 1708&councildate=l 2/l /20 15[12/2/20 15 9 :44: 14 AM]
Amount
Amount
$559 ,200.00
if . ,