HomeMy WebLinkAboutContract 63010CSC No. 63010
SERVICE ORDER
(BUSINESS INTERNET SUBSCRIBER)
frog
This Service Order (Business Internet Subscriber), including the Addenda attached hereto, if any ("Service Order"), is
entered into by the following customer ("Customer") and Quail Valley Telecom, LLC d/b/a "Frog", and only becomes
effective as of the Effective Date once signed by Frog below.
Customer Billing Information:
City of Fort Worth Fire Department
13624 Walsh Avenue
Aledo. TX 76008
Telephone: 8179133718
Email: eff.kersey@fortworthtexas.gov
Frog:
114 S Park Avenue
STE D
Winter Park, FL 32789
Telephone: 817.717.9563
Customer Service Location Information (if different from billing address):
City of Fort Worth Fire Department (FS43 - Walsh)13624 Walsh Avenue, Aledo, TX, 76008 USA
Services Ordered:
Description of Services Service Term # Monthly Recurring Fee One -Time Fees
250mbps Redundant Enterprise Fiber 36 months $500 $1500
#Customer is bound to pay the Monthly Recurring Fee during the entire Service Term. Customer may terminate this Service Order at any time
by (1) providing Frog with at least 30 days' prior notice and (2) paying the Monthly Recurring Fee payable for the remainder of the Service Term.
"Prices do not include applicable taxes and fees, which are payable by Customer in addition to the fees listed in the above table. One -Time Fees
are payable concurrently with the execution of this Service Order.
Customer Premises Equipment (CPE) Ordered:
Redundant Fiber Access Switch
Additional Addenda Attached:
SLA and Addendum Attached
Monthly Recurring Fee One -Time Fees
$0 $500
Additional Documents Affecting this Service Order and Services Provided by Frog: By signing this Service Order,
Customer acknowledges that it has had the opportunity to review, and hereby agrees to, the following documents
that apply to this Service Order and the Services provided by Frog, which may be accessed by Customer at any
time at www.frognow.com: (1) Terms and Conditions of Services (Business Internet Subscriber); (2) Acceptable Use
Policy (Business Internet Subscriber); and (3) Privacy Policy.
This Service Order may be signed in counterparts. Facsimiles or exact copies of original signatures shall have
the same force and effect as originals.
Quail Va ley Telecom, LLC, d/b/a Frog
By:
Michael Voll
Printed Name
GM / CEO
Title
Effective Date: ng/1wpn?,�; , 2025
City of Fort Worth Fire Department
Y
Richard Zavala
Printed Name
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
frog
Enterprise Fiber Service Level Agreement
This document outlines the Service Level Agreement ("SLA") for enterprise fiber -based service (the
"Service").
This SLA is a part of, and hereby incorporated by reference into the Frog 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. This SLA document
applies only to services provided over Frog's own network ("On -Net") and not any portion that is
provided by a third party. All SLA Targets in the table below are measured at the individual circuit or
service level, and any applicable credits are issued only for the affected On -Net circuit or service (the
"Affected Service"). Capitalized words used, but not defined herein, shall have the meanings given to
them in the Agreement.
SLA Targets for On -Net Services:
Performance Tier
Metro
Regional
National
Kilometers
0 - 200
201 - 1000
> 1000
Latency
< 10ms
< 25ms
< 125ms
Jitter
< 2ms
< 4ms
< 8ms
Frame Loss
< 0.01%
< 0.01%
< 0.01%
Availability
> 99.99%
> 99.99%
> 99.99%
MTTR
4 hrs.
6 hrs.
8 hrs.
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 Frog 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 Frog's trouble ticketing system by contacting Support, Frog acknowledges
receipt of such trouble ticket, Frog 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.
"Excluded Disruptions" means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Frog
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.
frog
Frog will classify Service problems as follows:
a. Service Disruption resulting in a total loss of Service; or
Priority 1 b. 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. A service problem that does not impact the Service; or
b. 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 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:
99.99% for 31 Days
1 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 Frog 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
Total number of Priority 10utage trouble tickets per On -Net Service
frog
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). Frog measures frame delay using a standard 64 byte
ping between the closest Frog network hubs to corresponding Customer A and Z locations in a roundtrip
fashion.
Sum of the roundtrip delay measurements for an On -Net Service
Latency / Frame Delay=
Total # of measurements for an On -Net Service
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 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 (Frog network
hub to Frog 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
(Frog network hub to Frog network hub). Frog 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 Sum of the Frame Delay Variation measurements for an On -Net Service
Delay Variation =
Total # of measurements for an On -Net Service
VIII. Network Maintenance
Maintenance Notice
Customer understands that from time to time, Frog will perform network maintenance for network
frog
improvements and preventive maintenance. In some cases, Frog will need to perform urgent network
maintenance, which will usually be conducted within the routine maintenance windows. Frog 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 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 percentage(s) of the monthly Service Charges for only the Affected Service as set forth in
the table below.
Any credits will be applied as an off -set against any amounts due from Customer to Frog. 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 Frog engineering
support teams as associated with a trouble ticket and as failing to meet the applicable SLA Targets.
30% > 4 hours 4% 5% 5% 5%
< 7:59:59
hours
> 8 hours 10%
Except as set forth below, the credits described in this SLA shall constitute Customer's sole and exclusivc
remedy, and Frog's sole and exclusive liability, with respect to Frog'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 Frog; 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 Frog
within thirty (30) days after the event giving rise to Customer's termination right; (iii) Customer shall
have paid Frog all amounts due at the time of such termination for all Services provided by Frog
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 Frog for chronic Priority 1 Outages and
Customer shall not be eligible for any additional credits. Termination will be effective forty-five
(45) days after Frog's receipt of such written notice of termination.
frog
Addendum to Terms & Conditions:
Section 5. Confidentiality
A. Except for use expressly permitted in the Customer Agreements, Customer shall generally keep confidential the
Proprietary Materials, the terms of any Customer Service Order, or any information that Frog provides customer that
is marked as "confidential." Customer shall not issue a press release or public announcement regarding any Customer
Service Order without Frog's prior consent.
B. Notwithstanding the foregoing, Customer may disclose confidential information for the sole purpose of complying with
Laws. Additionally, Customer has the the limited right to make public statements regarding any Customer Service
Order only to the extent necessary for Customer's employees to inform Customer's City Council or to communicate
with any statutorily authorized entity for the sole purpose of complying with Laws.
Section 9. Indemnification
A. Subject to Laws, Indemnitor will, at its sole expense, defend, indemnify and hold harmless Indemnitee from and
against all damages, losses, costs and liabilities or any nature whatsoever incurred by Indemnitee resulting from third
party Claims arising out of or relating to (a) Indemnitor's misuse of the Internet Services; (b) Indemnitor's failure to
comply with Laws or the Customer Agreements; or (c) personal injury or tangible property damage caused by
Indemnitor's negligence or willful misconduct. Indemnitee promptly shall (1) notify Indemnitor of any Claim for which
it is requesting indemnification and tender the defense; and (2) provide all reasonably available facts, circumstances,
documents and particulars of the Claim and reasonably assist where requested to enable Indemnitor to defend, settle,
and indemnify for such Claim. Indemnitor shall have sole control over such defense, investigation, and settlement
negotiations, but shall not settle any claim without first obtaining Indemnitee's prior consent where the settlement of
such claim (i) results in any admission of guilt on the part of Indemnitee; (ii) imposes any obligation or liability on
Indemnitee; or (iii) has a judicially binding effect on Indemnitee, in each case, other than monetary liabilities for which
Indemnitee is indemnified by Indemnitor under this Section.
B. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City
hereunder are subject to the availability of funds. The City is prohibited from creating a debt unless the City levies
and collects a sufficient tax to pay the interest on the debt and provides a sinking fund. The City has not and will not
create a sinking fund or collect any tax to pay any obligation created under this section. If such funds are not
appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions
of funds which have been appropriated prior to termination.
[Executed effective as of the date signed by the Assistant City Manager below.] / ACCEPTED
AND AGREED:]
City:
By:
Name: Richard Zavala
Title: Interim Assistant City Manager
Date: Mar 24, 2025
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Name: Kevin Gunn
Title: Director, IT Solutions
Approved as to Form and Legality:
By:-,rl.-4r�ty—
Name: M. Kevin Anders, II
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
Approval Date: N/A
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By: Roberto, 202514:13 CDT)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
City Secretary:
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By: l/J�
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX