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Oq<�FORe�P CITY COUNCIL STAFF REPORT
DATE: March 6, 2013 CONSENT AGENDA
SUBJECT: APPROVAL OF SERVICE AGREEMENT WITH TIME WARNER CABLE
FOR ENHANCED WIRELESS INTERNET CAPACITY AT PALM
SPRINGS INTERNATIONAL AIRPORT.
FROM: David H. Ready, City Manager
BY: Airport
SUMMARY
The City Council will consider a new contract to Time Warner Cable for the purpose of
adding enhanced wireless capacity and efficiency at Palm Springs International Airport.
RECOMMENDATION:
1. Approve the sole-source Service Agreement with Time Warner Cable for thirty-
six months in the amount of$1,820.00 per month and a one-time installation fee
of$4,984.00, for a total of$70,504.00.
2. Authorize the City Manager to execute all necessary documents including the
Purchase Order.
STAFF ANALYSIS
The Palm Springs International Airport is experiencing record passenger traffic growth
and subsequently the demand for the free Wi-Fi internet service to passengers and
tenants is growing. In order to adequately sustain this free service for Airport
passengers, additional wireless band-width must be installed and maintained by the
cable provider, Time Warner.
Airport staff and the City's IT department have worked with Time Warner to develop a
plan and negotiate a new service agreement that would extend for three years and
provide cable infrastructure capable of handling the airport's demand. After this
timeframe, staff will again evaluate the airport's requirements and work with the provider
to identify potentially new service methods that may have evolved through technological
advances in the industry. Because Time Warner is the only vendor servicing the
ITEM NO.�—
City Council Staff Report
March 6, 2013—Page 2
Approval of Time Warner Cable Internet Services Agreement
boundaries of the airport with the fiber circuits, they are deemed to be a "sole source"
provider under the provisions of the City's procurement guidelines.
About four years ago, Palm Springs International Airport installed wireless capability
and made it free to its passengers and tenants. Since that time about seven million
passengers have circulated through the airport and hundreds of thousands of them
have enjoyed the benefits of this WI-FI service. The enhanced Wi-Fi service delivered
by this new program will provide travelers with up to fifty times faster upload speed. In
addition to the general public's use of the service, the airport's tenant community will
experience improved connectivity to facilitate aspects of their operations that rely on
wireless internet access. The end result of this investment will be an improvement in
service delivery to all customers of the Palm Springs International Airport.
The Airport Commission reviewed the enhanced Time Warner Cable service agreement
on February 20, 2013. The details were discussed and the item was unanimously
approved to forward to the City Council for consideration.
FISCAL IMPACT
The airport currently pays $2,579.40 annually for WI-FI service. The total amount for
the first year of the new agreement would be $26,824.00, a net annual increase of
$24,244.60. The second and third year will be an additional $19,260.60. The funds are
available in airport account No. 415 6200 43200.
Thomas Nolan, Executive Director
Airport
David H. Ready, C' ager
Attachments:
1. Time Warner Service Agreement
02
TIME WARNER CABLE
Business Class Service Agreement
This Time Warner Cable Business Class Service Agreement ("Service Agreement") in addition to the Time Warner
Cable Business Class Terms and Conditions ("Terms and Conditions") and any Time Warner Cable Business
Class Service Orders (each, a "Service Order"), constitute the Master Agreement by and between customer
identified below ("Customer") and Time Warner Cable ('TWC" or "Operator") and is effective as of the date last
signed below.
Time Warner . Information
-
Time Warner Cable Inc.
Street: 83473 Avenue 45, Flr 2 Contact: John Carrigan
City: Indio
State: CA Telephone: (562)618-1612 ext:
Zip Code:92201 Facsimile: (704)945-5460
Customer Information
Customer Name(Exact Legal Name): Federal ID No:
City of Palm Springs-Airport(Fiber) "0757
Billing Address: Suite: City: State: Zip Code:
3400 E Tahquitz Canyon Way Attn: K Palm Springs CA 92262
Billing Contact Name: Phone: E-mail:
Andrea (a.k.a.Andy)Nickell (760)323-8225 andrea.nickell@palmspringsca.gov
Authorized Contact Name: Phone: E-mail:
James Smith (760)323-8252 ames.sm th j @palmspringsca.gov
Agreement
THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS
(AVAILABLE AT WWW.TWCBC.COM/LEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON
REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1)
CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING
SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING
TO THE TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND
(2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT
TO TRIAL BY JURY.
By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions
outlined in this document.
Electronic Signature Disclosure
Authorized Signature for Time Warner Cable Inc. Authorized Signature for Customer
By: By:
Name(printed): Name(printed):
Title: Title: 03
Date: Date:
sn'c
Time Warner Cable Business Class
Ethernet and Dedicated Internet Access
Service Level Agreement
This document outlines the Service Level Agreement("SLA")for the Ethernet and Dedicated Internet
Access fiber based Services(each, a"Service"). All capitalized terms used but not defined herein shall
have the meanings given to them in the Agreement.
I. SLA Targets:
el ice �Availabilityll
Latencv Packet Loss Jitter
DIA/Ethernet End to End: Restore: Priority 1
(Metro and Regional 99.97% Outage within 4 (Round Trip) <0.1% N/A
Services) (On-Net Circuit) hours
It. Priority Classification:
TWC will classify Service Disruptions(as defined below) as follows:
Priority Criteria
a. Total loss of Service('Priority 1 Outage")
7Priodty
b. Service degradation to the point where Customer is unable to use the Service and is
prepared to release it for immediate testing.
Priority 2 Degraded Service 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.
b. A single non-circuit specific quality of Service inquiry.
'Customer must open a trouble ticket with TWC to report a Service Disruption and establish the beginning of such Service Disruption.
I$�f+9f r
�. U 4
111. Network Availability
A"Service Disruption" is defined as a disruption or degradation that interferes with the ability of a TWC
network hub to(i)transmit and receive network traffic on a Customer's dedicated access port; and (ii)
exchange network traffic with another TWC network hub. Service Disruptions include Priority 1 Outages.
Service Disruptions exclude planned outages, routine maintenance, service problems resulting from acts or
omissions of Customer, Customer equipment failures, and a Force Majeure Event.
"Network Availability"is calculated as the total number of minutes the circuit is up (other than a Priority 1
outage) in a calendar month for a specific Customer connection, divided by the total number of minutes in a
calendar month.
Commitment:
TWC's monthly Network Availability Target is 99.97%.
The following table contains examples of the percentage of Network Availability translated into minutes of
up time and downtime for the 99.97% Network Availability target:
Percentage by D. Down
99.97%for 31 Days 44,640 44,626 14
99.97%for 30 Days 43,200 43,187 13
99.97%for 29 Days 41,760 41,747 13
99.97%for 28 Days 40,320 40,307 13
IV. Latency
Latency is the average roundtrip network delay, measured every 5 minutes, to adequately determine a
consistent average monthly performance level for latency at the relevant TWC Hub/POP. The Roundtrip
Delay is expressed in milliseconds (ms). The observation period is one calendar month. For DIA, TWC
measures latency using a standard 64byte ping from Customer premise device to the TWC Internet access
router in a round trip fashion. For Ethernet, TWC measures latency using a standard 64byte ping from
Customer premise device between site A and site Z.
Latency is calculated as follows:
Roundtrip Delay for relevant Hub-Hub connections
Latency = Sum
Total #of relevant Hub-Hub connections
05
V. Packet Loss
Packet Loss is defined as the average number of packets that are not successfully received. Packet Loss is
the average ratio of total packets that are sent compared to those that are received. Ratios are based on
packets that are transmitted from a network origination point and received at a network destination point
(network edge to network edge).
Packet Loss is calculated as follows:
Packet Loss (°t°) = 100 {°!°} — Packet Delivery
A. Mean Time To Restore("MTTR")
The Mean Time To Restore("MTTR") measurement for a Service is the cumulative length of time it takes to
restore service for Priority 1 Outage for a specific connection in a calendar month divided by the
corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for that
connection.
MTTR per calendar month is calculated for as follows:
Cumulative length of response time to Priority 1 Outage(s)per connection
Total number of Priority 1 Outage trouble tickets per connection
VIL Network Maintenance
Maintenance Notice:
Customer understands that from time to time TWC will perform routine network maintenance for network
improvements and preventive maintenance, and in some cases, TWC will have to perform urgent network
maintenance, which will usually also be conducted within the routine maintenance windows. TWC will use
reasonable efforts to provide advance notice of the approximate time, duration and reason for the routine
maintenance and if commercially practicable, will provide notice of urgent maintenance. In no event shall
any routine or urgent network maintenance be calculated against the foregoing outage measurements.
Maintenance Windows:
Routine maintenance is typically performed during the following maintenance windows:
Monday—Friday 12 a.m.—6 a.m. Local Time
06
TIME WARNER CABLE
Business Class
Business Class Customer Service Order
Account Executive: John Carrigan
Phone: (562)618-1612 ext:
Cell Phone: (760)574-5746
Fax: (704)945-5460
Email:john.carrigan@twcable.com
City of Palm Springs-
Business Name Airport(Fiber) Customer Type:
Federal Tax ID Tax Exempt Status Tax Exempt Certificate#
"""0757
Billing Address Account Number
3400 E Tahquitz Canyon Way
Attn: Karen-(DIA)50Meg Palm Springs CA 92262
Billing Contact
Billing Contact Phone Billing Contact Email Address
Andrea a.k.a.And Nickell 760 323-8225 andrea.nickell alms rin sca. ov
Authorized Contact
Authorized Contact Phone Authorized Contact Email Address
James Smith 760 323-8252 ames.smith alms rin sca. ov
Technical Contact
Technical Contact Phone Technical Contact Email Address
James Smith 760 323-8252 'ames.smith alms rin s.ca. ov
Internet and Video Order Information For 3400 E Tahquitz Canyon Way Palm Springs CA 92262
Customer Requested
Service Type Due Date
IPs(Internet Addresses)
High Speed Internet(HSD)
Dedicated Internet, Metro Ethernet, and Private Line Service Order Information For 3400 E Tahquitz Canyon Way Palm Springs CA
92262
Location Customer Requested
Site Name Address Location Type Bandwidth Due Date
Palm Springs- 3400 E Tahquitz Canyon Way Palm Springs, CA
Airport
92262 1 DIA 50-Me
New and Revised Services and Monthly Charges At 3400 E Tahquitz Canyon Way , Palm Springs CA 92262
Monthly
Description Quantity Sales Price Recurrinq Total Contract Term
1 Static IP 1 $25.00 $25.00 36 Months
DAS: Dedicated Internet Access Per Me 1 $1,795.00 $1,795.00 36 Months
`Total $1,820.00
`Prices do not include taxes and fees.
Page 1 of 3 07
ce TIME WARNER CABLE
Business Class
One Time fees At 3400 E Tahquitz Canyon Way Palm Springs CA 92262
Description Quantity Sales Price Total
ONE-TIME INSTALLATION CHARGE 1 $4,984.00 $4,984.00
Total $4,984.00
'Prices do not include taxes and fees.
08
Page 2 of 3
lc TIMEWARNERCABLE
Business Class
Special Terms
The services, products, prices and terms identified on this Service Order constitute Time Warner Cable's offer to provide such
services on such terms. Until Customer has accepted this offer by signing as appropriate below, Time Warner Cable reserves
the right to rescind this offer at any time, at its sole discretion.
i
The Agreement shall be renewable for successive terms unless at least thirty (30) days prior to the expiration of the then-
current term, either party notifies the other party of such party's intent not to renew this Agreement. Agreement term and
corresponding monthly billing will commence on actual service installation date. Cable television and Work-at-home services
are subject to annual price change.
Date Of This Quote = 12/26/2012
Fiber Bandwidth =50 Meg
Contract Term =36 months
Legend:
DIA= Dedicated Internet Access
One Time Installation Charge =Construction cost to bring fiber to Airport location
NOTE: The One Time Construction Cost (to bring fiber to the location) came in at$6,303.00 (with a 2 year agreement). An
additional discount of$1,319.00 has been approved (with a 3 year agreement).
Total"one-time"construction charge (after 3 year contract discount of$1,319.00 applied)_$4,984.00
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 Time Warner Cable Authorized Signature for Customer
Printed Name and Title Printed Name and Title
Date Signed Date Signed
Page 3 of 3 09