Loading...
Item 4J (FINAL)CITY OF SOUTHLAKE 4J MEMORANDUM (June 18, 2013) To: Shana Yelverton, City Manager From: Greg Hendricks, Deputy Director of Information Technology Subject: Approve telecom and internet expenses with One Source Communications in the amount of $60,000. Action Requested: Approve expenditure of $60,000 for telecom and internet services with One Source Communications. Background Information: One Source Communications is the City's primary telephone and internet service provider. The City entered into agreement with One Source in 2006 for redundant telephone services to Town Hall connecting all other locations to telecom services. Alternate service is provisioned to DPS HQ for independent fax services and support for the EOC. Subsequently, the City approved an agreement in 2010 for redundant internet connections to provide improved availability and a separate internet for Library for unsecured traffic. Financial Considerations: The projected year-end expenses for One Source services in the amount of $60,000 come in lower ($6,000) than what was budgeted and approved in the FY 2013 budget. Although the City has a contract with One Source Communications; any expenditure(s), whether individually or collectively exceed $50,000, shall be brought forward for Council approval. Strategic Link: 136 — "Optimize Use of Technology" — enables highly available, critical connectivity and communications services to the City. 134 — "Provide High Quality Customer Service" — enables IT support for flexible, employee and citizen access to crucial services. Citizen Input/ Board Review: Not Applicable Legal Review: Not Applicable Item 4J June 18, 2013 Page 2 of 2 Alternatives: 1) Approve as proposed. 2) Reject — cancel or reduce services and critically inhibit the ability to support and perform City operations. Supporting Documents: One Source agreements. Staff Recommendation: Approve item as proposed oniF our,CcF OFFICIAL RECORD COMMUNICATION 5 An a/llliah of MIllonnfum Tekam, LL(. COMMERCIAL TERM AGREEMENT Company Name: The City of Southlake Service Location: 1400 Main Street, Southlake Texas 76092 This Agreement is between OneSource Communications and the customer listed above or its successors. This agreement replaces any existing local exchange and/or long distance services term agreement between the customer and OneSource Communications. I. SERVICE AND TERM Term: 2 years Install Fee: U. RENEWAL AND TERMINATION At the conclusion of the term period stated above, this Agreement shall remain in effect on a month -to -month basis until such time as either party provides written notice at least thirty (30) days in advance of its intent to terminate the Agreement. If Customer terminates this Agreement prior to the conclusion of the term period stated above for any reason other than for service deficiencies described in Section V. below or to convert to another OneSource plan that is equal to or greater than the term of this Agreement, Customer shall be liable for a Termination Charge equal to two times the monthly recurring charges in the Agreement. The Termination Charge may be waived if, after twelve (12) months of service, Customer relocates the premises that are subject to this Agreement to a location not served by OneSource. Customer shall have the right to cancel this Agreement and the Termination Charge shall not be charged for service deficiencies described in Section V. below. "Fiscal Period" is defined as the 12 month period from October 1 of one year through September 30 of the following year. In the event sufficient funds are not appropriated by Customer in succeeding fiscal periods for the payment to OneSource of sums due under this agreement, Customer may terminate this Agreement at the end of the current fiscal period by giving written notice to OneSource of such termination at any time beginning 30 days prior to the end of their current fiscal period. However, failure to deliver such notice shall not extend the term of this agreement beyond the end of the current fiscal period. If notice is delivered after the end of the current fiscal period, Customer agrees to pay for all charges incurred up to and including the date of notice. III. LIMITATIONS OF LIABILITY All services supplied to Customer are subject to the terms, conditions and rules of the applicable OneSource tariffs on file with the state and federal regulatory agencies, which are incorporated into this Agreement by reference. The Tariffs expressly limit the liability of OneSource for errors, delays or interruptions of installation or service and the maximum liability of OneSource is limited to the amount of the customer's charges for the time of the delay or interruption. In no event shall OneSource be liable for lost business or other damages. Iv. OTHER TERMS OneSource has extended fiber optics to an access point adjacent to Carroll Avenue at the Southlake Town Square. The City agrees to allow OneSource continued use of their fiber optic cable for the entire period in which service is provided for the section of cable between Carroll Avenue and Southlake Town Hall. This Agreement is subject to any Service, Credit Application, or other OneSource forms of Agreement executed in connection with this Agreement. This Agreement guarantees, if applicable, the local access line, trunk, T1, PRI, and/or DSL Rates corresponding with the applicable term length specified above throughout the term of the Agreement. Limitations may apply to combining this rate with other special offers. V. Quality of Service "Force Majeure" is defined as acts of God, war, acts of civil disobedience, acts of third parties, fire or other casualty, or other similar circumstances which are beyond the reasonable control of OneSource and that OneSource is unable to prevent or overcome by the exercise of reasonable diligence. "Service Availability" is defined as the ability for the customer to place and receive dialed telephone calls to and from the public telephone switched network. "Outage" is defined as a condition of total service interruption of Customer's Service Availability measured from the time a trouble ticket is opened by OneSource until the condition has been repaired. "Non -Outage Service Impairment" _ is defined as a condition of partial service impairment of Customer's Service Availability measured from the time a trouble ticket is opened by OneSource until the condition has been repaired. Service Availability Guarantee: OneSource guarantees 99.97 percent Service Availability over any 6 month period. In the event that the City experiences unavailability of service as a result of a failure of any component of the OneSource network or failure of the OneSource Provided Local Access Circuit(s), , OneSource will issue a credit based on the length of the outage. Minimal service interruptions caused by One Source planned network maintenance activities, maintenance at City premises, failure of City premises hardware obtained from a source other that OneSource are ineligible for availability guarantee compensation. Failures due to circumstances that are beyond the direct control of OneSource including damage to OneSource facilities by other unrelated third parties and other Acts of Force Majeure are excluded from this Service Availability Guarantee. In the event that service is unavailable for any reason for more than 4 hours, OneSource shall make diligent efforts to contact the City representative designated below and advise the City of the cause of the service outage and the expected or anticipated length of the service outage. Service Availability Credits: Service Availability credits will be determined in accordance with the following guidelines: • Any outage between 10 and 60 minutes = 1 day of credit of Service charges • Any outage of a period greater that 60 minutes = 1 day credit of services charges per hour of outage. • A maximum of 15 days credit may be provided during any single month. One days credit is equal to 1/30th of the monthly service charge. Service Credit Process: Service availability claims must be submitted to OneSource within one week of event occurrence. City will submit the organization name, date and beginning/end time of the outage and a brief description of the characteristics of the outage. City will submit this information by electronic mail to an address as specified by OneSource. OneSource will acknowledge all claims within five business days and will review all claims within ten business days of receipt. City will be informed by electronic mail whether the claim will be granted or rejected. If rejected, the notification will specify the basis for rejection. Credit Process: Approved credits will be applied to the City's billing during the billing cycle following the claim approval. Policy Change: Either party may change, amend or revise this Quality of Service policy with written consent of the other. Termination of Contract: Should One Source fail to meet the 99.97 percent Service Availability Guarantee for any period of time lasting six months in length, or in the event OneSource cannot provide customer's telephone services in accordance with the minimum industry services standards, the City may terminate this agreement without penalty. Customer: Authorized Signature SRI-ame ShrzA V&lVeilO?I Address 1400 Main St, Suite 120 Southlake TX 76092 Date 0 5-'0/--6-6 Telephone Number 817-481-2150 OneSource Communications: Authorized Signature Name Andy Slote Date .S Telephone Number (817) 745-2000 N ^^N+ W Z V O •L � � Q Ict V L Z N X O CD N ©O V O t a N �L Q. Y 0 V i O 0 �J CU O LO LO O U CO o (n E C o c N N � 3 � 0 y a n O a` :v * 0 0 0 0 0 0 0 00 0 0 0 VOOo0o0 0 00 00 0 W 0 0 0 0 0 0 0 co Cc 0 Z EA 69 69-69 fR 69. 69 69 69 E» ea 69 m 0 0 (�OOOOOO O Vt I-OO N ar0000 O -: 00 N MN Ol V'Ot000'7 M (OO oOM w N O_h64Or r MOMOI-(0 O O 6R N V I 69 69 (f) 69 (A W ++ r � 69 69 N 69 N _ 69 69 69 y O U "000000 0 L C O Z C IN r(O NNN N (0 O O U .= 0 0 C5 0 0 0 7 N 0 0 0 0 0 0 co N 0 6969��E9 fA w N O E9 _a i L 7 U ] - a' m a m Z Z N N m O c 0 otS o c a V 0 _ co ` c u C E w°� y a� m > mu Z `Z Q :3 a X w N N 0 a» m Vl ql O LL N N N N D o c c0 CLOO WO Ln r N N 0 a rnHF- (nLL(n N N T L C O E 0 c 3 f6 c N c .c O U N L C N L C N .T C (0 C N N U C O U N N (O .0 N E a5 Q O (ri m U c m N O c 0 J 0 0 (D O O N W N It I. ONE OLJRCE OFFICIAL RECOR CO M M U N I C A T I O N 5 An.Hilkte of Mdt—wm Uk— W. COMMERCIAL TERM AGREEMENT Company Name (Customer): The City of Southlake Service Location: City of Southlake Administrative Offices - 1400 Main Street and Public Library - 1400 Main Street This Agreement is between OneSource Communications and the Customer listed above or its successors. SERVICE AND TERM Service: Administrative Offices - 15Mb symmetrical Internet Service $169.95 reduced to $139 95 with signed 2 yr agmt, and Library - 5Mb symmetrical Internet Service $99 95 reduced to $69 95 with signed 2 yr agmt Block of 32 IP's - $352 reduced to $96 and block of 16 IP's - $176 reduced to $48 with signed 2 yr agmt. Term: 2 years Install Fee: $125 per circuit (reduced to $0 with signed 2- year agreement) Estimated Monthly Recurring Fee (before taxes and fees): $353.90 after reductions U. RENEWAL AND TERMINATION This agreement shall commence upon the successful installation of Service and acceptance by Customer, and end on the billing cycle date that immediately follows the 2 year anniversary of the service commencement. At the conclusion of the term period, this Agreement shall remain in effect on a month -to -month basis until such time as either party provides written notice at least thirty (30) days in advance of its intent to terminate the Agreement. If Customer terminates this Agreement prior to the conclusion of the term period stated above for any reason other than for service deficiencies described in Section V. below or to convert to another OneSource plan that is equal to or greater than the term of this Agreement, Customer shall be liable for a Termination Charge equal to the monthly line charge times the number of months remaining in the Agreement, plus any installation charges that may have been waived by OneSource. The Termination Charge may be waived if, after twelve (12) months of service, Customer relocates the premises that are subject to this Agreement to a location not served by OneSource. Customer shall have the right to cancel this Agreement and the Termination Charge shall not be charged for service deficiencies described in Section V. below. "Fiscal Period" is defined as the 12 month period from October 1 of one year through September 30 of the following year. In the event sufficient funds are not appropriated by Customer in succeeding fiscal periods for the payment to OneSource of sums due under this agreement, Customer may terminate this Agreement at the end of the current fiscal period by giving written notice to OneSource of such termination at any time beginning 30 days prior to the end of their current fiscal period. However, failure to deliver such notice shall not extend the term of this agreement beyond the end of the current fiscal period. If notice is delivered after IV. V. the end of the current fiscal period, Customer agrees to pay for all charges incurred up to and including the date of notice. LIMITATIONS OF LIABILITY All services supplied to Customer are subject to the terms, conditions and rules of the applicable OneSource tariffs on file with the state and federal regulatory agencies, which are incorporated into this Agreement by reference. The Tariffs expressly limit the liability of OneSource for errors, delays or interruptions of installation or service and the maximum liability of OneSource is limited to the amount of the customer's charges for the time of the delay or interruption. In no event shall OneSource be liable for lost business or other damages. OTHER TERMS OneSource has fiber optics extended to an access point at Carroll Avenue and Prospect Street in Southlake Town Square. The above described services will require the use of two additional fibers from that point into the 1400 Main Street Building. The City agrees to allow OneSource continued use of their fiber optic cable for the entire period in which Service is provided to the 1400 Main Street Building. This Agreement is subject to any Service, Credit Application, or other OneSource forms of Agreement executed in connection with this Agreement. This Agreement guarantees, if applicable, the local access line, trunk, T1, PRI, and/or High -Speed Internet Rates corresponding with the applicable term length specified above throughout the term of the Agreement. Limitations may apply to combining this rate with other special offers. Quality of Service "Force Majeure" is defined as acts of God, war, acts of civil disobedience, acts of third parties, fire or other casualty, or other similar circumstances which are beyond the reasonable control of OneSource and that OneSource is unable to prevent or overcome by the exercise of reasonable diligence. "Service Availability" is defined as the ability for the customer to place and receive dialed telephone calls to and from the public telephone switched network. "Outage" is defined as a condition of total service interruption of Customer's Service Availability measured from the time a trouble ticket is opened by OneSource until the condition has been repaired. "Non -Outage Service Impairment" is defined as a condition of partial service impairment of Customer's Service Availability measured from the time a trouble ticket is opened by OneSource until the condition has been repaired. Service Availability Guarantee: OneSource guarantees 99.97 percent Service Availability over any 6 month period. In the event that the City experiences unavailability of service as a result of a failure of any component of the OneSource network or failure of the OneSource Provided Local Access Circuit(s), , OneSource will issue a credit based on the length of the outage. Minimal service interruptions caused by One Source planned network maintenance activities, maintenance at City premises, failure of City premises hardware obtained from a source other that OneSource are ineligible for availability guarantee compensation. Failures due to circumstances that are beyond the direct control of OneSource including damage to OneSource facilities by other unrelated third parties and other Acts of Force Majeure are excluded from this Service Availability Guarantee. In the event that service is unavailable for any reason for more than 4 hours, OneSource shall make diligent efforts to contact the City representative designated below and advise the City of the cause of the service outage and the expected or anticipated length of the service outage. Service Availability Credits: Service Availability credits will be determined in accordance with the following guidelines: • Any outage between 10 and 60 minutes = 1 day of credit of Service charges • Any outage of a period greater that 60 minutes = 1 day credit of services charges per hour of outage. • A maximum of 15 days credit may be provided during any single month. One day's credit is equal to 1/30t" of the monthly service charge. Service Credit Process: Service availability claims must be submitted to OneSource within one week of event occurrence. City will submit the organization name, date and beginning/end time of the outage and a brief description of the characteristics of the outage. City will submit this information by electronic mail to an address as specified by OneSource. OneSource will acknowledge all claims within five business days and will review all claims within ten business days of receipt. City will be informed by electronic mail whether the claim will be granted or rejected. If rejected, the notification will specify the basis for rejection. Credit Process: Approved credits will be applied to the City's billing during the billing cycle following the claim approval. Policy Change: Either party may change, amend or revise this Quality of Service policy with written consent of the other. Termination of Contract: Should One Source fail to meet the 99.97 percent Service Availability Guarantee for any period of time lasting six months in length, or in the event OneSource cannot provide customer's telephone services in accordance with the minimum industry services standards as are defined and regulated by the Texas PUC, the City may terminate this agreement without penalty. Entire Agreement: This Agreement sets forth the entire understanding between the parties, and supersedes any and all prior or contemporaneous agreements or understandings between the parties, whether oral or written, as to the Services defined above. Each party acknowledges that it is not entering into this Agreement in reliance upon any term, condition, representation or warranty not expressly stated in this Agreement. This Agreement may be modified only in a document signed by both parties. Governing Law: The Parties hereto agree and intend that this Agreement shall be deemed to have been executed and delivered in the State of Texas and shall be governed by, construed, and enforced in accordance with the laws of such State without regard to any conflicts of law principles thereof that would require the application of the laws of any other state or jurisdiction. The Parties hereby agree and consent to the exclusive jurisdiction and venue of the state and/or federal courts situated in Tarrant County, Texas, for any dispute arising from this agreement. Customer: horized Signa e 7 Na Dale Dean Date S-, / o Telephone Number 817-748-8086 Address for Notices: 1400 Main St. Suite 120 Southlake, TX 76092 Attn: Facsimile: OneSource Communications: Date -,5 •/ 7-10 Telephone Number (817) 745-2000 Address for Notices: 4800 Keller Hicks Road Keller, TX 76244 Attn: B. Kent Blackwell Vice President of Operations Facsimile: 817-745-2029 ATTACHMENT A O �E O UM EAF 4800 Keller Hicks Rd Keller TX 76244-9643 COMMUNICATION S 817-745-2000 817-745-2029 - Fax Your Business Connected Proposal for City of Soutnlake Date Prepared: 5/10/10 Service Address: to be provided later Billing Address: same as above Account Contact: TAX ID#: Cost Per Month Total Installation Installation Item Quantity (CPM) CPM Cost Total Internet Service 15 Meg/ 15 Meg Fiber Internet 1 $169.95 $169.95 $125.00 $125.00 Installation and %lonthh Recurring Discount << me %earaareemcnt I (530.00) S30.00) t512?.00) isl.'_�.001 Block of32 Static 1Ps 1 $96.00 $96.00 State Sales Tax $0.00 $0.00 City Sales Tax $0.00 $0.00 Internet Total $235.95 $0.00 5 Meg / 5 Meg Fiber Internet 1 $99.95 $99.95 $125.00 $125.00 In;tallatirm and %lonflik Recurrilie Discount t«otiear at.,reement I (S30.00) t530.00) t51?i,(}O) 612.00) Block of 16 Static IPs 1 $48.00 $48.00 State Sales Tax $0.00 $0.00 City Sales Tax $0.00 $0.00 Internet Total $117.95 $0.00 Total Proposed Cost $353.90 $0.00 Q FF: Installation and recar6112 diiCOLIMS arC JVailable X� ith a sinned tx�o Near terni-wrccment ATTACHMENT A IMPORTANT NOTICE - PLEASE READ: OneSource will install service where the inside wiring meets the point where our service enters the building (this is called the point of demarcation or DEMARC). This point is typically a telecommunications box mounted on the outside wall of the building or, in some multi -tenant buildings, there is a telecommunications room or closet where the DEMARC is located. Inside wiring is the responsibility of the customer. This includes all jacks, wiring, distribution cable and extending wiring from a suite or office to the DEMARC. If inside wiring or the DEMARC extension is not in place at the time of the installation, an additional installation appointment may be needed and additional charges may apply. Our Internet service is installed with a single modem or, in the case of a fiber optic installation, a single network connection. If you will be using more than one computer that requires Internet access, you will need to purchase the necessary equipment (routers, switches, etc.). This equipment, as well as the computers at your site, are your responsibility to troubleshoot and maintain. OneSource, like most other communications companies, bills for services one month in advance. Your first bill has charges from the day you were connected until the date printed on the top of the bill. It also includes the next full month of service. Applicable installation charges will also be reflected on this bill.