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HomeMy WebLinkAboutResolution - 2018-R0161 - Cequel Communications Dba Suddenlink - 05/10/2018Resolution No. 2018-RO 161 Item No. 6.9 May 10, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute fol and on behalf of the City of Lubbock, Professional Services Contract No. 13808 for Optical Internet Service as per RFP 18-13808-SS, by and between the City of Lubbock and Cequel Communications dba Suddenlink, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 10, 2018 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secret ry APPROVED AS TO CONTENT: Mark Y oo , Assists t City Manager APPROVED AS TO FORM: ro e, ssistant City Attorney ccdocs/RES.PSC-13808.Optical Internet Service 01.22.2018 Resolution No. 2018-RO161 City of Lubbock, TX Optical Internet Service Providers Service Agreement Contract 13808 This Service Agreement (this "Agreement") is entered into as of the 12" day of April ("Effective Date") by and between Ceguel Communications dba Suddenlink (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposal 18-13808-SS Optical Internet Service Providers WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent Contractor to provide Optical Internet Service, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Consultant agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Price Proposal Sheet 4. Exhibit C — Proposal 5. Exhibit D — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit A, B, C and D attached hereto. Article 1 Services 1.1 The contract shall be for a term of one (1) year, with the option of two (2), one (1) year extensions. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this proposal and resulting contract. The contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on file with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. 1.2 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.4 All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time finds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.2 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.3 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.7 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within 30 days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.8 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within 30 days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.9 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Contractor does not boycott Israel; and (2) The Contractor will not boycott Israel during the term of the Agreement. 2.10 SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 2.11 The Citv reserves the right to exercise any right or remedy to it by la\\, contract, equity. or othen-ise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the Cite shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of an} conflict between this provision and another provision in, or related to, this do. 2.12 The Contractor shall not assign or sublet the contract, or am portion of the contract, without \\ritten consent from the Director of Purchasing and Contract Management. Should consent be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance from the Subcontractor that complies with all contract lnsurance requirements document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK. TX: CONTRACTOR: Daniel A9. Pope. Mawrf Contractor's Signature R 'a Garza. City Secretary Printed Nam APPROVED AS TO CONTENT: Title Mark Y nrwood, ssistant "itN• Manager APPROVED AS TO FORM: ASsistant , Clt) Attor fY City of Lubbock, TX RFP 18-13808-SS Optical Internet Service Providers II. GENERAL REQUIREMENTS 1 INTENT Exhibit A The City of Lubbock, Texas is looking for Internet Service Providers for 1515 E Ursuline, Lubbock Texas. This service will primarily be used for Internet and Cloud access for this location. The City is purchasing the services of two independent Internet Service Providers (ISP) for this location who must agree to BGP "peer" with IPv4. 2 BACKGROUND • The City will provide its own routers and firewalls and does not require a managed service. • The City will provide its own IP addresses and owns two /24s. • The City will provide its own Internet Firewalls and VPN equipment. • The City currently has Cloud presence in Microsoft Azure and plans to move most external facing services to that cloud and depend on its Internet connections for access to these services. • Extensive use of Internet and VPN made by the City for mobile access to its network resources. 3 REQUIREMENTS 1. ISP must already be a provider of Internet access to the City of Lubbock at 916 Texas Ave. If the ISP is not already a provider of Internet access at 916 Texas Ave, then provide an additional quote for Internet to that location as part of response to RFP. 2. If ISP is only a 100Mb provider to 916 Texas Ave, then provide an additional quote for 1 Gb Internet to that location which meets the other requirements of this RFP. 3. Requesting symmetrical 1 Gb of bandwidth on 10 Gb capable equipment 4. Requesting an option in the contract for 10 Gb upgrade, but pricing for 10 Gb is not requested at this time. 5. Single entry access into facility is acceptable. 6. No capping of speed based on volume of traffic (other than the 1 Gb limit) placed on the connection. 7. No traffic filtering based on destination or application. City of Lubbock will provide its own. 8. No traffic shaping based on destination or application. City of Lubbock will provide its own. 9. IPv6 support desirable, but not required. 10. BGP peering with City of Lubbock's second ISP required. 4 EVALUATION CRITERIA The following criteria will be used to evaluate and rank submittals: a) Responsiveness: Complete responsiveness to all written requirements contained in this RFP (45%) c) Qualifications: Overall qualifications and experience in providing similar services. (25%) d) Cost (30%) 4 PROPOSAL FORMAT a) Proposals should provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. b) The proposal should be in a single volume where practical. All documentation submitted with the proposal should be in that single volume. c) If the proposal includes any comment over and above the specific information requested in the RFP, it is to be included as a separate appendix to the proposal. d) The proposal must be organized into the following response item sections and submitted in an indexed binder. i) Cover letter addressed to the Honorable Mayor and City Council that states the Proposer's understanding of the services to be provided. Include any additional information believed necessary that is not requested elsewhere in the RFP. ii) A description of the methodology to be used to complete the project to include, but not be limited to, how recommendations will be formulated and commitment of adequate appropriate resources to the project. iii) Proposer's specific expertise in areas pertinent to the project to include a listing and brief description of similar projects completed (with the dates of completion) or in progress and a list of references by name, address, and telephone number for each project listed. iv) A brochure of past work, with emphasis on comparable projects. v) List of principal(s) of the Proposer's and amount of time that principal(s) will be involved in the project. vi) List of other professionals to be used, if applicable, with a record of experience in projects of this nature. Identification of principal(s) and percentage of time the principal(s) will be involved in the project. vii) The organizational structure of the employees who will be assigned to this project along with resumes of those individuals. If a joint venture is expected, then provide the organizational structure of the sub -contractor and resumes of those persons who will be involved in the project. viii) The Proposer must assure the City that he/she will to the best of his/her knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis -Bacon Federal minimum wage requirements. ix) Describe the Proposer's methodology for handling errors and omissions. x) Disclosure of any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. This would apply to the Proposer as well as consultants subcontracted by the Proposer. xi) Any material which the proponent wishes to submit and which is not specifically requested in the above categories. xii) Proposer's are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline how they would address outreach issues in their proposal. It is also the desire of the City that the City of Lubbock program serve, as much as practicable, to stimulate growth in all sectors of the local business community. Describe how your firm would facilitate this process, and provide any relevant information about similar efforts on previous projects. Exhibit B City of Lubbock, TX RFP 18-13808-SS Optical Internet Service Providers Proposal Price Sheet Proposer's Name: CeQuel Communications. LLC dba Suddenlink Optical Internet I Gps —1515 E UrsuUne Street $ 2.905.65 optibnaf Optical Internet 1 Gps — 916 Texas Ave. `Please provided detail backup• to your pricing options. BW $/Meg 36 month 1000 $2.91 $2,905.65 1100 $2.76 $3,040.95 1200 $2.63 $3,151.53 1300 $2.49 $3,243.45 1400 $2.37 $3,318.30 1500. '$231- '$3AWU 1600 $2.25 $3,605.09 1700 $2.20 $3,734.65 1800 $2.14 $3,855.48 1900 $2.09 $3,967.93 2000 $2.08 $4,155.89 Prepared'by:'Tracy Edwards Title: Account Executive Date: I Q I (n / I n Exhibit C s h nk business Suddenlink Qualifications Suddenlink's backbone is a nationwide fiber-optic network that connects its systems to regional data centers which connect to peering locations. Suddenlink systems are designed to be self -healing and fault tolerant for enhanced dependability and can provide bandwidth offerings up to and beyond I OGIG. The Suddenlink Lubbock Head End is at the center of its two West Texas Rings, the north Ring includes Amarillo and Clovis; the South Ring includes Midland, Abilene and San Angelo. The rings feature diverse I OOGIG connections. The Lubbock Head End equipment has dual Cisco Advanced Services Routers at the edge and core equipment includes dual Cisco 7609s with HSRP. Each Head End in West Texas has multiple diverse l OGIG connections to a primary Suddenlink Regional Data Center in Dallas or Phoenix. All have direct or indirect connections to the other Regional Data Center. Suddenlink has over 160GIG connectivity between its six West Texas Head Ends and closest Regional Data Centers. Additional bandwidth is scheduled to be active 1 Q2018. The Regional Data Centers have backbone connections to the NAPS in Ashburn, New York City, Chicago and San Jose. Suddenlink has over 50 public and private peering agreements at its Regional Data Center and Head Ends. Each Suddenlink Head End has DC/AC power and diesel backup. In the event of a fiber cut, traffic is automatically moved to an alternate route without interruption of service. Suddenlink also monitors its connections and will re-route traffic to prevent a particular link from becoming saturated. The "last mile" is traditionally the section of any link that is at most risk of being cut. To repair fiber cuts, Suddenlink maintains full time and on -call technicians and fiber splicers in all of its systems in West Texas. Suddenlink proactively monitors its connections 240. A loss of connectivity generates an immediate alarm because Suddenlink uses SNMP traps instead of pig sweeps or periodic polling. Each Suddenlink Head End on the backbone in West Texas and every Suddenlink data center is designed to support the latest in high availability offerings, including: redundant power supplies, routing engines and switch fabric. Each Regional Data Center's topology utilizes redundant nodes at both the core and edge layers. Every data center is served by multiple trunks spread evenly across the redundant core layers. Suddenlink can provide a public IPv4 address block size that is justifiable on the Suddenlink IPv4 Address Space Request Form. Suddenlink can also provide a public /64 IPv6 block. At this point in time there are no additional charges for IPv6 blocks or for IPv4 blocks smaller than a /24. Suddenlink can handle primary and secondary DNS if requested. Bandwidth upgrade requests on an existing connection that does not require an equipment upgrade can usually be accommodated approximately five days after receipt of a purchase order or change order if the order is received M-F between 8am and 5pm Central. Suddenlink CPE will be a 1RU Cisco device with 1i10 Gigabit Ethernet SFP+ interfaces, or similar. Suddenlink prefers its 1 RU Fiber Termination Panel and CPE to be mounted in a customer rack and its CPE to be plugged into a customer owned UPS. If space is not available in a customer rack, Suddenlink can provide a wall mount rack. In addition to increasing bandwidth on its backbone and peering connections, Suddenlink is scheduled to offer to its customers an inline DDOS mitigation product I Q2018. suddei-In.k business Suddenlink's methodology to complete the project begins upon receipt of a signed agreement from the City. At that point, the project will be assigned a unique project Identification Number and tasks will be outlined to all departments and individuals responsible for the successful completion of the project. Departments include Construction and Engineering before it is handed off to the Suddenlink NOC. Suddenlink uses WorkFront as its Project Management tool which has a specific template used to assign the required tasks including start/stop dates. All parties have visibility to monitor progress. Suddenlink will assign a Project Development Manager (PDM) who will be the City's primary Point of Contact for Suddenlink during the entire project. The PDM will coordinate access for activities with the designated City Personnel and will provide updates, initially weekly and then more often as the dates for testing and turn -up approach. The PDM has an internal counterpart to oversee the timely completion of all of the tasks assigned. Once the project is launched, there will be a weekly meeting every Tuesday to discuss progress, solutions to obstacles, etc. Suddenlink is a major prodder of Internet Access in Lubbock, other West Texas Panhandle, Permian basin, Big Country and Concho Valley locations for both Business and Residential customers. As a result it has installed, maintained and supported similarly sized Internet connections for other Cities, Schools, Hospitals, Education Service Centers, Consortiums and Businesses throughout the area. Please see the Similar Contracts & Reference Form. Additional references are available upon request. For a brochure of past work, with emphasis on comparable projects please see the Similar Contracts & Reference Form. Additional references and documentations are available upon request. A List of principal(s) of the Proposers and amount of time that principal(s) will be involved in the project include: Tracy Edwards - Senior Account Manager 50% Becky Smith - Project Development Manager 100% Scott Lanser - Inspector, Outside Plant 75% Mike Looney - System Support Engineer I1 30% Tim Upp - Sales Engineer 25% The Project is estimated to take 90 days to complete. Udde. business The organizational structure of the employees who will be assigned to this project along with a brief bio are: Trac , Edwards Sr. Account Manager Responsibility includes generating revenue through management and acquisition of large commercial and enterprise accounts. Activities include the implementation of programs and penetration and retain existing customers strategies that will maximize market and product . Assist in the continued development and refinement of account management; the main goal being to establish ongoing relationships with large commercial and enterprise accounts in order to maintain and maximize revenue. He has been employed in this position since 2002 and previously with Wiltel Communications in West Texas for 13 years holding the same capacity. A previous position was held with Harris - Lanier for 3 years. He holds a Bachelor's Degree from Texas Tech University in Lubbock, Texas. Tracy reports to Jake Mitchel Regional Sales Manager who reports to Regina Swearengen Regional Sales Director. Becky Smith — Pro'ect Develo ment Mana er Becky has over 17 years of Telecommunications experience. She has been at Suddenlink for almost three years and is the primary customer point -of -contact for construction projects for Lubbock and three other major West Texas Systems. The previous 15 years she spent at NTS Communications handling fiber builds, AT&T resell, 911 and directory listing compliance; she was a Senior Manager of the CLEC/FTTH Provisioning/Coordinating group and worked in customer management. She is a Certified Telecommunications Network specialist (CTNS). Becky reports to Richard Beckley. Scott Lanser — Inspector Outside Plant Scott will be at Suddenlink for 21 years in January 2018. He began his career as an install technician for COAX services. For more the past 12 years he has designed and supervised the construction of Suddenlink's COAX and Fiber plant in Lubbock, Plainview, Post and Floydada. He holds multiple NCTI Master Technician certifications and has been actively involved in all of the Dedicated Internet Installations in this area for the past 10 years. Scott urrently pursuing is c an Associates Degree of Applied Science in Broadband Technology and Communications. Scott reports to Jon Neal. Mike Loone — IP O erations En ineer II Mike has been with Suddenlink for over 13 years. He assisted in turning up Suddenlink's West Texas DWDM backbone and after completion of that project he moved in to Data Engineering. For the first two years in that department he designed and implemented Cisco ONS SONET equipment for Suddenlink Business Services and Carrier Customers. Currently Mike works in design, configuration and implementation of Suddenlink's layer2 and Layer customer premise equipment. As part of those implementations he works in the Suddenlink Head End equipment d t'L.k S�business which includes Cisco ASRs for physical connectivity and configurations. Mike has a degree from South Plains College in Computer and Information Systems Security/Information Assurance and a Bachelor of Business Administration in Management Information Systems from Texas Tech University. Mike Reports to Adrian Rivera. Tim U — Sales En ' eer Tim brings over 20 years of experience in Telecommunications to this project. Tim is responsible for supporting the Suddenlink Business Services Account Executives and their customers in West Texas. His experience includes: MetroE, SONET, Frame Relay, ATM, Dedicated Internet, PRI, SIP and Hosted Voice. He has worked closely with several manufacturers including Cisco, Adtran and APC. Tim has earned certifications from the Telecommunications Certification Organization and Adtran. He earned a Bachelors and a Master's degree from Texas Tech University in Lubbock, Texas. Tim reports to Sam Smith Suddenlink assures the City that it will to the best of its knowledge, information and belief, be cognizant of, comply with, and enforce, where applicable and to the extent required, all applicable federal or state statutes and local ordinances including, but not limited to the Davis - Bacon Federal minimum wage requirements. Suddenlink's methodology for handling errors and omissions is a feature imbedded as part of the oversight provided by all parties involved via its Project Management Tool, WorkFront. Senior Level Management is engaged if due dates pass. Suddenlink does not believe it has any obligations posing a potential conflict of interest, including service on City boards and/or commissions and any current contracts with the City of Lubbock. Suddenlink has included a logical diagram of its National Backbone which reflects its scope and more important to the City, the redundancy of its Internet connectivity between Lubbock and peering locations. Suddenlink wishes to point out that each of its Head Ends in West Texas has dual Cisco ASRs with redundant power supplies, routing engines and switch fabric. Each Head End has battery power and diesel backup. The majority of the Suddenlink personnel who will be involved in this project are residents of Lubbock or work in Lubbock. No Text suddetiftr1 C ` business Service Level Agreement I. Scone. This Service Level Agreement ("SLA") is incorporated into the Commercial Service Agreement by and between Suddenlink Business Services, LLC C'Suddenlink") and the undersigned Customer. Suddenlink shall endeavor to meet the performance standards and services levels set forth in this SLA with respect to the Services provided to the undersigned Customer. A. Network Availability. The Suddenlink network shall be available for use by Customer with the Services provided under the Agreement at least 99.99° o of the available time ("Network Availability"). This parameter is calculated by dividing the number of minutes that the Services are available for Customer's use by the total number of minutes in each calendar month and multiplying by 100. In calculating Network Availability, the reasons or causes set forth in Section A.3 of this SLA shall not be included in determining whether Suddenlink has met the applicable performance standard for Network Availability. For example, if the Services experience an outage for One (1) day due to a Force Majeure (flood) event, and otherwise experience no other outage or Service Interruption during the applicable month, Suddenlink will be deemed to have met the Network Availability performance standard of 99.990 o. 1. Service Interruption. A Service Interruption or an outage in Services is not a Default under the Agreement, but may entitle Customer to credits as provided in this SLA. A Service Interruption is a loss of Services or a degradation of signal to the Customer that adversely affects the ability of Customer to use the Services. A Service Interruption period begins when Customer makes a Trouble Report (as deemed below) to Suddenlink's Network Operations Center (NOC) under the methods and procedures set forth in Section II of this SLA and ends when Suddenlink restores the Services to Customer. 2. Service Interruption Credits for Network Availability. A Credit Allowance will be given in any month during the term of the Agreement when there is a Service Interruption that qualifies for a credit allowance. The amount of the Credit Allowance shall be as follows: Services Interruption Length Credit Less than 2 continuous hours None 2 hours or More 130 of MRC due for the applicable month for each 2 hour period and additional fraction thereof 3. Exceptions to Credit Allowance. Credit Allowances shall not be provided for Services Interruptions: (i) caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power or other equipment provided by Customer or the public utility company supplying power to Customer; (iii) during any period in which Suddenlink is not allowed access to the premises of Customer to access Suddenlink equipment; (iv) due to scheduled maintenance and repair; or during the maintenance window (v) caused by or due to violations of the Suddenlink Acceptable Use Policy (data customers); (vi) caused by fiber optic cable cuts on the Customer's property which are not the fault of Suddenlink; (vii) caused by a loss of service or failure of the Customer's internal wiring or other customer equipment; or (viii) due to Force Majeure events. In no event shall Customer receive more than One (1) month's MRC as credit for Service Interruptions or outages in any thirty (30) day period regardless of the number of Service Interruptions or outages. In the event that it is discovered that the Service interruption was at no fault of the Suddenlink network, and/or Suddenlink personnel and is Rather proven to be as a result of an issue from the Customer's network, and/or personnel a "No -Fault Trouble Call" fee will be assessed to the customer of $165 per hour with a 2-hour minimum deemed payable within the next billing cycle. 4. \}ai(yr Outu;Le_ ll duce (- I tare, durin_ &L! term of the Agreement. the Sen ice: to the Cu,unner enpertence a \em ork A%ailablltt% outage tlat tall, below the' t)tl°„ a_rnrarnt. other than a- a re,ult of the cause, set forth in `%ect,on A alxr%e. Customer mad terminate this Agreement a nhout charge or papnem of an', tenninatton charge• othem kc pro\ ided in the Agreement. pro%Ided Custolme'r LvIltp)te, %%ith the ntmificatunl proses, described in this Section Within thim (3,01 days of the occurrence of the _ rd Major Outage C'u tomer shall notify Suddenhnk %%none of it:- election to terminate Ihi, Aurcentent and tht, Agreement shall ternunate upon Suddenlm{,'s rcceipt of sU,:I. noel- If C'u,tomcr fail, to notif% Suddenhnk %%Rhin thin% t: �l d3}, of the : rd �lairr nuta_e. of it, inttnt to tennlnate. then C'u,tonler diall be deemed [t hale wailed its rieht to terninate this Agreement undet this Section � u:tt:) the oeLurrcn,:e of a a-bsequcn: Maior Outage. ifam Upon tennmanon under this Section 4. neither pane hall ha,.c an} Further right,. obheannr.,, or Itabl:rtic, to the olhLr p.Im. except those accrued through the Ielntinatlon date. and dint exprc„I}' sun-i%e tennination of thi, Nt:reenlcut [I.Trouble Re urts. 1,udcietillnk ,hall maintain a mcim-four 1241 hour. ,e%en I-i da} a week point - (if -contact for C'u,unnen, to relvil Sen sce trouble., outage, or Sentie Interruption, Customer +)tall call Trouble Report, it, 866-232-5455.:lt "1 rouble Report ' nteana an% report made b% C'u,-omer relamn� to the Ser%Ice, or the equipment pro%ided by Suddenhnk in the e%ent Suddenlink recci%c. a'I rouble Report form C u,tomer. Suddenhn; shall respond a ithnl ; hour, Custurner Si --nature , 1 tile' Uatc• c rsluddertlnk 1Pv4 Address Space Re,A LL?efEd- The IPv4 address space in use by Suddenlink Communications is regulated by the American Registry for Internet Numbers (ARIN). Suddenlink must abide by ARIN's policies for the administration and conservation of the IPv4 address space in order for Suddenlink to acquire additional addresses and meet our customers' growing needs. RFC20501 presently defines ARIN's policy for IPv4 address sub -delegation. For Suddenlink to delegate a block of IPv4 addresses to a customer, that customer must be able to immediately utilize 25% of the available addresses, and after one year be able to utilize 50% of the available addresses. In order for a customer to receive a second block of addresses delegated by Suddenlink, that customer must be utilizing 80% of their current available addresses Customers that require address space for a physically diversified network topology will be given special consideration. 1. http://www.fags.org/rfcslrfc2050.htm1 CIOR Size Total addresses 25% of usable addresses 50% of usable addresses 80% of usable addresses IPv4 Justification Required? /22 1024 253 509 816 Yes /23 512 125 253 407 Yes /24 256 61 125 202 Yes /25 128 29 61 99 Yes /26 64 13 29 48 Yes /27 32 5 13 23 Yes /28 16 1 5 10 Yes /29 8 1 1 3 No Customer Name: city of Lubbock, TX Customer Address: 1SiS E. Ursuline Customer City, State, ZIP: Lubbock, Texas 79403 Existing IPv4 address allocations (including Ips from other service providers) Network segment # Hosts currently online Address block(s) 1 2 3 4 Example 5 208.179.2.64 /29 Additional network segments needing IPv4 addresses Network segment # Hosts initially online Hosts online after 1 year Purpose Requested aDR Size 1 Static 2 Static or DHCP 3 Static or DHCP 4 Static or DHCP Example 3 5 Stabc DHCP 1 /29 Customer Signature: Date Account Manager: Tracy Edwards 806-771-6049 tracy.edwards@alticeusa..com 1Pv4 Justification tie+ What is an IP Address An IP Address allows devices to transmit and receive information over the Internet. Dynamic IPs Are used for basic services including web browsing, sending/receiving emails, uploading and downloading files Static IP Are used for advanced services like web hostrng. web servers, VPNs Static IP Request must follow the following Guidelines 1. Must follow RFC2050 Guidelines: hrQ'1Ayvw.faos.ora/rfcslrfc2050.html a. 25% immediate utilization rate b. 50% utilization rate within 1 Year 2. Multi -Homed Customers need to request IPs from AKIN: htto./Iwww.adn. nel for any requested shorter than 128 3. Completion of Both '1Pv4 Address Request' from and 'IPv4 Application' 4. Static IPs are not guaranteed until reviewed by the Suddenlink IP Administrator IPv4 Questionnaire Circle 1. Will you be using 50% of Issued IPs within 1 Year? Yes or No 2. Do you currently have an ARIN Account? If No. Skip to question 3 Has an IP request been submitted to ARIN Current Status of Request? Yes or No Yes or No a. b. 3. Do you have multiple Internet Service Providers? Yes or No 4. Are you able to NAT? Number of IPs you NATing? Yes or No 5. Do you have any services requiring Static IPs? _ If No: Skip to question 6. Will you be Hosting Servers? Will you use VPN applications? Yes or No _ Yes or No Yes or No a. b. C. Will you be using Remote Services? d. Other: 6. Do you have a Network Diagram Yes or No If yes- Please include Diagram: 7. Do you wish to register a netname with RIPE Database Yes or No If Yes: Please spedfy Netname. 8. *Do you want Suddenlink to host your DNS? If Yes: Specify Domain Name Yes or No a. *List Records you want hosted b. *List of reverse (in-addr.arpa) PTR records to be hosted Customer Signature: Date Account Manager: Tracy Edwards 806-771-6049 tracy.edwardsoalticeusa..com • Unless listed all forward and reverse records will be set to Sudderlink's standard inferm=_tian. * Note: registering the domain with a regis=rar is up to the customer * Note: reverse DNS for Suddenlink-owned IP addresses is not normally delegated to customers on networks smaller than /24. a tt ce 'suddenlUlk, Contact EsCQ�t°B Phone Email 240 1 / 2 866-232-5455 Tvler.NOC@Alticeusa.com (Network Operations Center Opt. 2, 2 On Duty or On Call Contact NOC and ask Supervisor/Manager 3 for On Duty or On Call NOC Leaders Suddenlink.com _ Supervisor/Manager Michael Horton 4 903.266.4951(D) Michael.Horton@AkiceUSA.com Director — Network Operations 903.245.2285 (C) Stephen Kramer 5 516.924.1030 (C) SKramerl@Cablevision.com VP — Network Operations Name Title Phone Email Management Hotline Rings all management 903.266.4404 NOC Leaders@Suddenlink.com office numbers (M-F) Matthew Wallace 903.245.7425 (C) Matthew.Wallace@AlticeUSA;com Eric Johnson Supervisor 903.245.1770 (C) Eric.johnson@AlficeUSA.com Roderick Howard Network Operations 903.279.6413 (C) Roderick.Howard AlticeUSA.com Herbert Setzler 903.405.7581(C) Herbert.Setzler2AlticeUSA.c9m 12- Director 903,266.4951(D) Michael Horton Michael.HortonpAlticeUSA.com Network Operations 903.245.2285 (C) Manager 903.266.4678 (D) Luke Lundberg Network Operations 903.245.8028 (C) Luke.LundberRj2AIticeU5A.com Change Management Manager David An Network Operations Carrier 903.266.4914 Jul 903.372.7392 (C) Stephen Kramer NetworkVP Operations 516.924.1030 (C) David.Ahn@AlticeUSA.com SKramerl Cablevision.com Exhibit D City of Lubbock, TX RFP 18-13808-SS Optical Internet Service Providers Insurance Requirements SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): INSURANCE (Copies of Endorsements will be Required) TYPE OF INSURANCE GENERAL LIABILITY ® Commercial General Liability ❑ Other ❑ Claims Made ® Occurrence ❑ W/Heavy Equipment ❑ XCU ❑ To Include Products of Complete Operation Endorsements TECHNICAL E&O El AUTOMOTIVE LIABILITY ® Any Auto per Occurrence EXCESS LIABILITY ❑ Umbrella Form GARAGE LIABILITY ❑ Any Auto COMBINED SINGLE LIMIT General Aggregate $1,000,000 Products-Comp/Op AGG X Personal & Adv. Injury X Contractual Liability X Fire Damage (Any one Fire) Med Exp (Any one Person) General Aggregate $ Combined Single Limit $1,000,000 Each Occurrence Aggregate Auto Only - Each Accident Each Accident Aggregate ❑ BUILDER'S RISK ❑ 100% of the Total Contract Price ❑ INSTALLATION FLOATER ❑ 100% of the Total Material Costs ❑ POLLUTION ❑ CARGO ® WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY $ ® EMPLOYERS' LIABILITY $1,000,000 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, except The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall been, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 day notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13" Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-294043 Cequel Communications dba Suddenlink Lubbock, TX United States Date Filed: 12/14/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 01/12/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 18-13808-SS Optical Internet 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Drahi, Patrick New York City, NY United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provlaea Dy I exas Ethics Uommisslon www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2017-294043 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cequel Communications dba Suddenlink Lubbock, TX United States Date Filed: 12/14/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFP 18-13808-SS Optical Internet 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Drahi, Patrick New York City, NY United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. � jNP&,, KACIE PETERSON y1Y PUB ice, : Notary Public, State of Texas /," Comm. Expires 08-07-2021 of Notary ID 131236713 1 .4 ISignaturauthm'ied agent of contracting 6usiness entity AFFIX NOTARY STAMP / SEAL ABOVE (� Sworn to and subscribed before me, by the said _ f £d �yye-aren(i &n , this the 14 '111 day of tz(m ber, 20 �1 to certify which, witness my hand and seal of office. Ltyzv2 Katie (?&+erg.soh NOW-1 PkbliG I Signature of officer administering oath Printed name of officer administering oath Title of offs er administering oath r-orms provtoeo Dy I exas Linics commission www.ethics.state.tx.us Version V1.0.3337