Loading...
CUSTOMER SERVICE ORDER (2)Customer Service Order Spectrum► 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. Account Executive: Carolann Palaskey Phone: 813-415-6908 ext: Cell Phone: +1 8134156908 Fax: Email: caroIann.palaskey@charter.com Order # 11060081 Customer Information: Customer Code Business Name Federal Tax ID Billing Address Attention To: Billing Contact Sabrina Chute CITY OF CLEARWATER Tax Exempt Status Billing Contact Phone (727) 562-4671 Customer Type: Tax Exempt Certificate # 85-8012740095C-1 Account Number Billing Contact Email Address sabring. chute©myclea rwater. com Authorized Contact Authorized Contact Phone Sabrina Chute (727) 562-4671 Authorized Contact Email Address sabrina. chute@ myclea rwater. com Technical Contact Technical Contact Phone Howard McChesney (727) 562-4672 Page 1 of 3 Technical Contact Email Address howard. m cchesney@myclearwater. com 161111 v.1 Com,ucteiui Spectrum► Fiber Internet and Ethernet Service Order Information For 600 Cleveland St 6th Floor- FIBER Clearwater FL 33755 Site Name Address Location 600 Cleveland St Clearwater, FL 33755 Location Type Bandwidth New and Revised Services and Monthly Charges At 600 Cleveland St Unit 6th Floor- FIBER, Clearwater FL 33755 Description Fiber Internet 100Mbps Up to 5 Static IP Addresses *Total *Prices do not include taxes and fees. Quantity Sales Price 1 $855.00 100 Monthly Recurring Total Contract Term 1 $0.00 $855.00 $0.00 $855.00 48 Months 48 Months One Time fees At 600 Cleveland St Unit 6th Floor- FIBER, Clearwater FL 33755 Description Quantity Sales Price Total Fiber Internet - Standard Installation Total 1 $250.00 *Prices do not include taxes and fees. $250.00 $250.00 Page 2 of 3 161111 v.1 Cuuuiiwieiai Spectrum► Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Customer City Of Clearwater, Florida By:.cXLw., e• ' 2L Name: William B. Horne II Title: City Manager Date: Assistant City Attorney Page 3 of 3 Charter Communications Operating, LLC By: Charter Cpmrpenat• nc•, its Manager By: Name:,;np;�p��,nr }R, ReM I B e }Dl1r 1.15r AA Title: S_'' cuA 4eir i Date: °? 1 Attest: Rosemarie Call City Clerk 161111 v.1 wlluiic'ui8i End to End: 99.99% Spectrum ENTERPRISE Spectrum Enterprise Fiber Internet Access Service Level Agreement This document outlines the Service Level Agreement ("SLA") for Fiber Internet Access ("FIA") fiber -based service (the "Service"). 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. All SLA Targets in the table below are measured from Customer's Service Location to the location where Spectrum Enterprise has local access to the Internet (the Spectrum Enterprise "Point of Presence" or "POP") at the individual circuit or service level, and any applicable credits are issued only for the affected FIA circuit or service (the "Affected Service"). Capitalized words used, but not defined herein, shall have the meanings given to them in the Agreement. I. SLA Targets for FIA Services: Service Availability Mean Time To Restore Latency / Frame Delay Jitter / Frame ("MTTR") (Roundtrip) Delay Variation Priority 1 Outages within 4 hours 45ms <2ms Packet Loss Frame Loss <0.1% II. 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 Spectrum Enterprise network hub to: (i) transmit and receive network traffic on Customer's dedicated access port at the Spectrum Enterprise network hub; or (ii) exchange network traffic with another Spectrum Enterprise network hub. 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 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 Loss. "Excluded Disruptions" means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum Enterprise is unable to gain access to Customer's Service Location, if necessary, (iv) service issues arising 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. FIASLA.v.171015 Page 1 of 4 ©2017 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 will classify Service problems as follows: • riority Criteria Priority 1 �u ENTERPRISE Each a "Priority 1 Outage": • 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 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 FIA 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: ercentage 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 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 Spectrum Enterprise to restore an FIA 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 FIA Service. MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outage(s) per FIA Service Total number of Priority 1 Outage trouble tickets per FIA Service 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 FIA Service. The roundtrip delay is expressed in milliseconds (ms). FIASLA.v.171015 Page 2 of 4 e2017 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. ENTERPRISE Latency is calculated as follows: Latency/Frame Delay = Sum of the roundtrip delay measurements for an FIA Service Total # of measurements for an FIA 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. Packet Loss / Frame Loss Ratio is calculated as follows: Packet Loss / Frame Loss (%) Frames = 100 (%) - 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 Variation is calculated as follows: Jitter / Frame Delay Variation = Sum of the Frame Delay Variation measurements for an FIA Service Total # of measurements for an FIA Service VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time, Spectrum Enterprise will 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. FIASLA.v.171015 Page 3 of 4 52017 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. �ecrrum► ENTERPRISE IX. Remedies Service Credits: If the actual performance of an FIA 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 monthly recurring charges for the Affected Service as set forth in the table below. Any credit to be applied will be off -set against 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 thirty (30) days of receipt thereof. Service Availability Mean Time To Restore ("MTTR") Latency / Frame Jitter / Frame Delay Delay (Roundtrip) Variation Packet Loss / Frame Loss 30% > 4 hours 5 7:59:59 hours > 8 hours 1 0% 5% 5% 5% 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. FIASLA.v.171015 Page 4 of 4 02017 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 pre -service installation guide Welcome, and thank you for choosing Spectrum Enterprise. While our teams will keep you updated on your order's status, this document will help you understand what happens after you sign the service order and move toward the service installation process. Feel free to reach out to your sales contact if you have questions or need additional information. When installation begins, however, you'll have a dedicated project manager who'll become your main contact. Client project milestones Spectrum Enterprise project milestones Sign service order. If necessary, work with our Order Management team to provide any additional information or forms required to finalize your order. Your Spectrum Enterprise project manager will contact you to introduce themselves and discuss next steps. Sales team submits signed service order to Order Management team. Order Management team gets any additional information that's required to finalize your order. Assigned project manager contacts you to discuss next steps. Spectrum Enterprise pre -service installation details Let's look at more details about the milestones we'll reach before your service installation process begins. Milestones 1. Sign service order First, we'll finalize and sign your service order together. We are unable to proceed until the service order is signed, so if you have any concerns or questions about your order, please reach out to your sales contact right away. 2. Finalize order Our Order Management team will make sure we have all of the information we need to begin the installation process. This stage can take one to two weeks to complete. During this time, we may be in touch to get additional information and required forms. Order Management will also direct our construction team to see what permits will be required to start construction at your service location. 3. Connect with project manager As we're finalizing your order, your project manager will be in touch about next steps. This person will be your main contact during installation. During your introduction meeting, your project manager will go over your order and the installation process. They may also give you an estimated date for completing construction (if applicable) and installation. ©2018 Charter Communications. All rights reserved. enterp rise.spectru m.com Spectrum► ENTERPRISE Spectrum► ENTERPRISE SPECTRUM ENTERPRISE SERVICE AGREEMENT The customer identified below ("Customer") hereby acknowledges and agrees to the Commercial Terms of Service available at https://enterprise.saectrum.com/ ("Terms of Service"), which are incorporated herein by this reference, with respect to any service order(s) placed by Customer and accepted by Spectrum hereafter (each, a "Service Order), which together with this agreement constitute the "Service Agreement" by and between the Customer and Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the service(s) hereunder ("Spectrum"). Spectrum Contact Information Spectrum Enterprise 12405 Powerscourt Drive St. Louis, MO 63131 Contact: Carolann Palaskey Telephone: 813-415-6908 Email: carolann.palaskey@charter.com Customer Information Customer Name (Exact Legal Name): CITY OF CLEARWATER Main Tel. No.: Billing Address: Suite: City: State: Zip Code: Billing Contact Name: Sabrina Chute TeI.No.: (727) 562-4671 E-mail: sabrina.chute@myclearwater.com Authorized Contact Name: Sabrina Chute TeI.No.: (727) 562-4671 E-mail: sabrina.chute@myclearwater.com BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION SECTION THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. Customer: CITY OF CLEARWATER By: Name (printed): Title: Date: Sean R. Ft elm � r r,r, Th�p� 6, Rei(e c) Mir 3/Id /j Enterprise Short Form v171213a CONFIDENTIAL Page 1 of 1 C 2016.2018 Charter Communications. M Rights Reserved