AT&T Broadband - Public Communications Network AT&T Broadband
AGREEMENT
TO PROVIDE PUBLIC COMMUNICATIONS NETWORK SERVICES
FOR
CITY OF TIGARD
COMMENCING JULY 1, 2000
1. Purpose
This Agreement is made this day of .�i°vim�'B �� , 2000, by and between
AT&T Broadband (hereinafter Company) and the City of Tigard (hereinafter
Public Agency) for the provision of telecommunication services on the Public
Communications Network (hereinafter PCN), a service requirement of the Cable
Services Franchise Agreement between the Metropolitan Area Communications
Commission (hereinafter MACC) and the Company, as hereinafter defined in
Appendices B and/or C, in a manner as provided for in Appendix A. Company is
the owner and operator of the PCN.
2. Background
During the term of this Agreement, Company will be upgrading the PCN from a
"hybrid fiber-coaxial" system ("HFC PCN") to an all-fiber PCN system ("New
PCN"). During this transition, all Public Agency's PCN connection sites will be
converted to the New PCN no later than January 31, 2002. As PCN sites are
converted to the New PCN, Company will provide Public Agency with
connectivity over an all optical fiber network, including Company-owned interface
equipment at each Public Agency premise. During the transition, Company will
provide "mirrored" networks, with sections of the HFC PCN and New PCN
operating concurrently, so that Public Agency's applications will operate
continually over the network. All provisions herein referring to the HFC PCN
apply to requirements that will be in place while the Public Agency site is on the
HFC PCN, and only until Company replaces such connectivity at that site with
connectivity on the New PCN.
3. Term of Agreement
The Initial Term of the Agreement shall be at least one full year, beginning on
July 1, 2000. Included in this Agreement are optional incentives for multi-year
agreements (See "Service Changes and Conversions" in Section 12, and
"Services and Rates" in Appendix A). Public Agency shall select contract length
by so indicating in Appendix A herein.
The Agreement may be renewed by mutual agreement of both Company and
Public Agency and execution of a renewal contract or amending document.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 2 of 39
4. Lines of Demarcation
While Sites Are Served by the HFC PCN
Company shall initially provide coaxial network cabling to a specified line of
demarcation ("Demarc") at Public Agency premise. That Demarc shall consist of
an RF connection within each premise of Public Agency, at which point
Company shall connect the HFC PCN to Public Agency's RF connectivity
equipment. All equipment and cabling from the Demarc to any equipment at
Public Agency's premise shall be the responsibility of Public Agency.
For Sites Served by the New PCN
When Company begins serving any or all Public Agency site(s) with the all-fiber,
New PCN, Company will provide optical fiber network cabling to Company-
owned-and-provided optronics network access equipment at Public Agency
Premise. The New PCN Demarc at the premise shall consist of a multimode or
copper port(s), providing the services specified herein, on the Public Agency side
of the Company-provided optronics device. All equipment and cabling from the
Demarc to any equipment at Public Agency's premise shall be the responsibility
of Public Agency. See Connection and Operating Standards for New PCN in
Appendix C.
Company's Headend
For any RF-based PCN services on the HFC PCN, specialized network
reference, frequency translation, and/or switching equipment shall reside at
Company's Headend (central network facility).
Company shall provide and be responsible for such equipment at
Company's Headend. Headend equipment may be accessed, on an
ongoing basis, by Public Agency electronically through the network.
Company shall provide Public Agency with a Web-based interface for
network transport usage statistics. Upon request by Public Agency, as
resources permit, Company shall provide Public Agency with statistics on
such criteria as port and frame errors, or other statistics specific to Public
Agency's PCN utilization.
PCN Service Agreement— City of Tigard
Commencing July 1 , 2000
Page 3 of 39
5. Technical Requirements
Technical requirements and network availability standards are explained in
Appendices "B" and "C" herein.
6. Construction Requirements
Company, when installing cable on the property of Public Agency, shall do so in
a neat and professional workmanlike manner. Routing and location of optical
and/or coaxial cables shall be mutually agreed upon between the parties.
7. Signal Carriage (HFC PCN)
On the HFC PCN, Public Agency shall transmit and receive communications only
on those frequencies enumerated in Appendix A, as designated by Company.
Neither Company nor Public Agency shall permanently alter the assigned
frequencies without the written consent of the other party.
8. Networking Equipment at Public Agency Premises
Customer-Owned Equipment
At Public Agency sites, Public Agency shall be responsible for all equipment on
Public Agency side of the Demarcation Point. The Demarcation Point shall be
defined as the point of connection between customer-owned premise equipment
and Company-owned electronic and/or fiber/coaxial infrastructure. No
equipment which will be used to transmit and/or receive signals on the PCN shall
be connected to on the Company's side of the Demarcation Point except by
Company or its designee. On the HFC PCN, Public Agency may replace
equipment on Public Agency side of the Demarcation Point, unless that
equipment would generate an RF carrier(s) onto the PCN, in which case prior
written approval by Company shall be required. Such approval shall not be
unreasonably withheld. The execution of this Agreement shall constitute
approval for equipment as indicated in Appendix A. Public Agency shall observe
the technical requirements in Appendix B in the installation and operation of
equipment and wiring connected to the PCN from the Demarc.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 4 of 39
HFC PCN Data Customers Only - Company shall consider Public Agency
requests to utilize alternative, RF-based equipment, operating up to 40
Mbps on forward frequencies, provided that:
(1) Company is convinced that such equipment does not jeopardize the
integrity and reliability of the PCN to any customer;
(2) Public Agency agrees to purchase and be responsible for the
maintenance of any and all premise and Headend equipment
associated with the alternative, RF-based strategy;
(3) The alternative equipment can be accommodated in the allotted
frequencies for the Public Agency's application;
(4) If there are other Public Agencies sharing the same pair of RF
frequencies, they all agree to adopt the common new hardware,
software, and configuration; and
(5) Company and Public Agency(ies) sign a written agreement adopting
the new RF equipment strategy to replace the "legacy" one in place on
the frequencies they occupy.
Company-Owned Equipment (New PCN Only)
Public Agency shall provide clean source of 110 VAC power for Company-
provided network electronics/optronics, as well as a clean, secure, relatively dry
and cool location (consistent with environmental requirements for most network
connectivity equipment) at each premise for such equipment.
9. Customer Premise Wiring
With respect to the HFC PCN, Public Agency shall be responsible for assuring
that any internal RF wiring and connectors beyond the Demarc meet or exceed
those specified in Appendix B. All customer premise wiring on Public Agency
side of the Demarc shall be the responsibility of Public Agency.
10. Rates
a. Public Agency shall pay Company rates for services as specified in
Appendix A.
b. Any rate increases or decreases permissible in the Cable
Communications Franchise with MACC, and opted for by Company shall
be passed through to Public Agency as they become effective.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 5 of 39
11. Payments
a. Monthly
If Public Agency selects billing Option "A" in Appendix A, Company shall
mail an invoice for one month's service to Public Agency at the beginning
of the first full week of the calendar month in which service is to be
provided. Pursuant to this monthly invoice rendered in advance by
Company, Public Agency shall pay Company monthly. The monthly
charge for fractions of a calendar month shall be computed at the rate of
one-thirtieth (1/30) of a stated monthly rate for each day, or fraction of a
day. The monthly charge shall be payable upon receipt; however interest
charges shall not be assessed unless, after the fifth day of the calendar
month after the service is provided, said invoice has not been paid.
Payments after the fifth day of the calendar month after the service is
provided shall be assessed an interest charge at an annual rate of current
prime plus two (2%) percent, but not less than twelve percent (12%) APR
for the time the payment is in arrears. Failure of the Public Agency to pay
within sixty (60) days of receipt of an invoice shall constitute grounds for
Company to terminate the Agreement.
b. Annually
If Public Agency selects payment Option "B" in Appendix A, thereby
agreeing to pay for twelve consecutive months of service in advance,
Company will provide a discount of five percent (5%) of the total amount
due. Payment must be made not later than thirty (30) days after
commencement of Appendix A term. This option is available only for
agreements commencing on, or continuing from, the beginning of a fiscal
year (July 1st).
12. Service Changes and Conversions
The following charges for service changes and conversions are not applicable to
changes from services on the HFC PCN to services on the New PCN, but they
are relevant to the services intended and identified herein for Public Agency
connectivity subsequent to Public Agency sites' transition to the New PCN.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 6 of 39
Upgrades and Downgrades
If, during the term of this Agreement, Public Agency opts to upgrade or
downgrade service, within the same transport technology (Gigabit Ethernet or
ATM) identified herein, Company shall charge Public Agency the following non-
recurring upgrade or downgrade charges:
For a single upgrade (e.g.: T1 to 10 Mbps) $250.00 per site
For a single downgrade (e.g.: 100 Mbps to 10 Mbps) $250.00 per site
Transport Conversions
If, during the term of this Agreement, Public Agency opts to change the transport
technology Company provides (for example, from ATM to Gigabit Ethernet or
vice-versa), Company shall charge Public Agency the following non-recurring
conversion charge:
For a single conversion (e.g.: Gigabit Ethernet to ATM) $1,000.00 per site
Transport Conversion Waiver
If Public Agency opts herein for an Agreement term of at least five (5) years,
Company shall provide Public Agency with one (1) Transport Conversion to each
site at no charge during the term of the Agreement, provided such conversion is:
• At a site that has been receiving PCN service under this Agreement for
at least three (3) years; and
• Requested by Public Agency in writing at least ninety (90) days prior to
such conversion taking place.
13. Interruptions and Liquidated Damages
HFC PCN - Prior to thirty (30) days subsequent to a PCN Site becoming
connected to the "New PCN," as defined in the MACC Franchise Agreement, the
following availability standards shall be in effect:
For purposes of this availability standard, network problems shall not be defined
as: infrequent scheduled preventative maintenance as long as PCN customers are
notified in advance, according to the provisions of the MACC Franchise and user
contracts Network availability is subject to the Section 19 force majeure provisions
herein and those conditions which are not within the reasonable control of the
Company. These include, but are not limited to: damage resulting from conduct by
a third party, natural disasters, civil disturbances, major non-Company owned
telephone network outages, or severe and unusual weather conditions. Company
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 7 of 39
will give affected PCN users notice in the event of any of the foregoing
occurrences.
Company agrees to the following liquidated damages for interruptions. In the
event of interruptions of transmission on any circuit during Public Agency business
hours not found to be beyond the reasonable control of Company, Public Agency
shall be solely entitled to a reduction of $5.00 per hour from the monthly lease fee
for every hour of interruption of transmissions over two (2) hours during regular
business hours (defined as 8:00 am to 5:00 p.m. Mondays through Fridays, except
holidays) and six (6) hours after regular business hours. Said reduction shall
appear on the subsequent month's invoice. No reduction shall be provided for
interruptions of two (2) hours or less. Total reductions in any single month shall
not exceed the total monthly lease charge. The interruptions of transmission are
considered different if they are separated by no less than thirty (30) minutes of
continuous transmission capability.
When Company anticipates transmission interruptions due to preventive
maintenance or line extension procedures seven (7) or more days in advance,
Company shall notify Public Agency of such predicted interruptions at least seven
(7) days in advance. In cases when Company anticipates such interruptions less
than seven (7) days in advance, Company shall notify Public Agency as soon as
possible, and at least twenty-four (24) hours in advance of the interruptions. Such
interruptions shall be kept to a minimum and performed between 9:00 PM and
8:00 AM whenever possible.
New PCN — Thirty (30) days after a Site becomes connected and activated on the
"New PCN," the following availability standards shall be in effect:
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 8 of 39
Network Availability — New PCN - For each customer on the network, network
availability shall be equal to or better than 99.965% (no more than 184 minutes of
network downtime per user) as measured on an annual basis.
The network shall be defined as `unavailable' for any given Public Agency site when
such site:
a. Cannot, because of a network problem, measured by SNMP software or other
appropriate software and associated hardware, or through a failure of a
Company-provided interconnect, transmit video, voice and/or data
communications to, from, and/or on the network, for which such Public Agency
is paying a fee to Company.
Such problems shall be the result of a failure of one or more of the
following:
1) The fiber optic cabling, connections and transmission equipment on the
network;
2) The optical to RF conversion equipment at Company's headend;
3) The optical to RF conversion equipment at the Public Agency's premise
(if such equipment is provided by Company);
4) Network powering systems;
5) The network equipment, connections and cabling, network
management, hardware and software, and related equipment provided
by Company at Company's headend; and/or
6) Any other Company-provided network component; and/or,
b. Experiences, due to a network problem, video, voice, and data
transmissions that are below the standards set forth in Attachment 11.2 A
of the Franchise; and/or,
C. Experiences due to a network problem a data communications packet
loss of greater than ten (10) percent.
Liquidated Damages - New standards for liquidated damages, as specified in the
MACC agreement, will go into effect for each customer Site thirty (30) days after that
Site begins operating on the all-fiber "New PCN."
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 9 of 39
The network shall be defined as `unavailable' under the standards in the MACC
Franchise Agreement, Attachment 11.2 A, for any given user when such user:
A. Cannot, because of a network problem, measured by SNMP software or other
appropriate software and associated hardware, or through a failure of a Company-
provided interconnect, transmit video, voice and/or data communications to, from,
and/or on the network, for which such user is paying a fee to Company.
Such problems shall be the result of a failure of one or more of the following: 1)
the fiber optic cabling, connections and transmission equipment on the network; 2)
the optical to RF conversion equipment at Company's headend; 3) the optical to
RF conversion equipment at the customer's premise (if such equipment is
provided by Company); 4) network powering systems; 5) the network equipment,
connections and cabling, network management, hardware and software, and
related equipment provided by Company at Company's headend; and/or 6) any
other Company-provided network component; and/or,
B. Experiences, due to a network problem, video, voice, and data transmissions that are
below the standards set forth in Franchise Attachment 11.2 A (also attached to this
Agreement); and/or,
C. Experiences due to a network problem a data communications packet loss of greater
than ten (10) percent.
For purposes of this availability standard, network problems shall not be defined as:
infrequent scheduled preventative maintenance as long as PCN customers are
notified well in advance, according to the provisions of the Franchise and user
contracts. Except as otherwise provided for herein, network availability is subject to
the force majeure provisions of the Franchise and those conditions which are not
within the control of the Company. These include, but are not limited to: damage
resulting from conduct by a third party, natural disasters, civil disturbances, major
non-Company owned telephone network outages, or severe and unusual weather
conditions. Company shall comply with the requirements of "Demand
Maintenance/Service and Repair" to restore service following any of these
occurrences. Company will give MACC and affected PCN users notice in the event
of any of the foregoing occurrences.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 10 of 39
Signal Level Variation - The worst-case signal level variation (peak to valley) shall
be better than or equal to N / 10 + 2 (where "N" equals the number of RF
amplifiers in cascade from the node).
RF Signal Level at the Institution - The RF signal level on any channel delivered to
the designated demarcation point at each PCN user location shall meet or be
better than 10 dBmV and shall, in all cases, enable operation within the
manufacturer's minimum specifications of all PCN network transmission and
reception equipment located within a facility connected to the PCN.
14. Trouble Calls and Maintenance
Demand Maintenance/Service and Repair - Response to network problems shall
occur at all hours (24 x 365) and as outlined under Attachment 11 .2 A of the
Franchise. If Company is to provide maintenance/service or repair on network
facilities located within Public Agency premises, Company must have reasonable
access to such facilities on a 24/365 basis. This shall include response to all
situations creating problems on the network, regardless of whether they originate
within the network or within equipment or software at the user site. Appropriate
Company technical support shall respond and actively begin working on network
problems within 30 minutes of either 1) Company identifying such problem or 2)
Company receiving a call from Public Agency reporting a network problem.
Company shall place a phone call to Public Agency's designated service contact
to inform Public Agency that the situation is being addressed. Company shall
work continuously until the problem is resolved. If it is determined by Company
that the network problem is caused by user equipment or software, then Public
Agency shall correct the problem such that other PCN users are no longer
affected. If Public Agency does not correct the problem, then Company may
disconnect the affected Public Agency site from the PCN until such time that the
user equipment or software is repaired. If Public Agency desires assistance from
Company in correcting the equipment or software problem, then Company shall
provide such assistance, but Company shall also have the right to invoice Public
Agency, at Company's prevailing hourly rate for the time spent correcting Public
Agency equipment or software problems.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 11 of 39
15. Confidentiality
All Public Agency data, voice, or video transmission using Company PCN
network facilities shall be treated as confidential information. Company agrees
that this information shall not be made available, in any form, to any party other
than Company or its agents or contractors as may be necessary to conduct
maintenance or repair activity, without written permission, in every instance, of
Public Agency.
16. Content Control and Privacy
Public Agency shall have full and complete control of, and responsibility and
liability for, the content of any and all communications transmissions sent or
received using the leased facilities. In addition, Public Agency shall not
intentionally utilize PCN frequencies other than those assigned to Public Agency
(see Appendix A), in order to receive, record, or re-transmit information that is
present on the PCN, without prior written consent from the party that is
transmitting such information, and from Company to utilize those frequencies.
17. Access to Public Agency Premises
Public Agency shall, in accordance with its visitor control procedure, provide
Company, their agents, representatives, or employees, ingress and egress to
Public Agency's premises for purposes of system performance tests,
maintenance, repairs and equipment replacement or change-outs.
18. Assignment
Either party may assign this Agreement upon prior written consent of the other
party. Such consent shall not be unreasonably withheld. Upon the Transfer of
Ownership or Control of the Franchise Agreement (as defined in Franchise §
17.2) Public Agency shall give sixty (60) days written notice to Company
terminate this Agreement without incurring a financial penalty. Public Agency,
upon termination, shall pay Company the pro-rata amount due for services
through the date of termination.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 12 of 39
19. Damage
Company shall be responsible for, restoring, or otherwise repairing to its prior
condition any portion of the Public Agency's premises or facilities which are
damaged by Company or its agents. Public Agency shall be responsible for,
restoring, or otherwise repairing to its prior condition any portion of the
Company's connectivity equipment or other facilities, located at Public Agency
premises, which are damaged by Company or its agents
20. Force Majeure
Neither party hereto shall be deemed to be in default of any provision of the
Agreement, for any failure in performance resulting from acts or events beyond
the reasonable control of such party. For purposes of this Agreement, such acts
shall include, but not be limited to, acts of nature, civil or military authority, civil
disturbance, war, strikes, fires, other catastrophes or other force majeure events
beyond the parties' reasonable control, provided however that the provisions of
this paragraph and article shall not preclude Public Agency from canceling or
terminating this Agreement as otherwise permitted hereunder, regardless of any
force majeure event occurring to Company.
21. Liability
Each party shall be liable for any negligent acts or omissions committed by its
agents or employees in performing this Agreement.
22. Insurance - Aggregate Insurance for PCN
Company shall maintain, throughout the term of this Agreement, liability
insurance insuring the Company, its officers, agents and employees, with regard
to all claims, damages and penalties mentioned in Section 12 for the Public
Communications Network, in the minimum amounts of:
$1,000,000 for personal injury or death to any one person;
$3,000,000 for personal injury or death resulting from any one accident;
$ 500,000 for property damage resulting from any one accident; and
$1,000,000 for all other types of liability.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 13 of 39
23. Successors
Upon a permitted assignment or transfer under Section 17 of the Franchise, and
the other relevant provisions of this service agreement, all rights and obligations
of Company under this Agreement shall pass in total without modification to any
successor regardless of the manner in which the succession may occur.
24. Non-Appropriation
Notwithstanding any other provisions of this Agreement, the parties hereby
agree and understand that any obligation of Public Agency to obtain services as
provided herein is subject to fund availability and appropriation by Public Agency
for such services through its adoption of an annual budget. Should funds not be
appropriated or be available from Public Agency during the term of this
Agreement, the Agreement shall terminate and Public Agency shall pay
Company any remaining pro-rata fees for services due to the date of such
termination. When and if such funding is restored to Public Agency in order to
procure the services indicated herein, or similar communications services, Public
Agency shall provide Company at least an equal opportunity to provide the
services indicated herein that Public Agency might provide another provider(s) of
the same or similar services at the same time.
25. Non-Discrimination
Company shall not deny service, deny access, or otherwise discriminate against
Public Agency on the basis of race, color, religion, national origin, sex or age.
Company shall strictly adhere to the equal employment opportunity requirements
of the federal government, as expressed in Section 76.13 (a) (8) and 76.311 of
Chapter 1 of Title 47 of the Code of Federal Regulations, as now or hereafter
constituted. Company shall comply at all times with all other applicable federal,
state, or city laws, rules or regulations relating to non-discrimination.
26. Termination
This Agreement shall terminate 30 days following written notice by either party.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 14 of 39
a. In the event Public Agency terminates this Agreement based upon
Company's default or failure to perform as described in this Agreement,
Company shall reimburse to Public Agency the pro rata amounts paid on
the unexpired rate year of this Agreement.
b. If Public Agency terminates this Agreement for any reason other than that
based on non-appropriation or on Company's default or failure to perform,
Company shall be entitled to a penalty of 5% of the pro rata amount of the
unexpired rate year of this Agreement.
27. Amendment
Any amendments to this Agreement shall be in writing and shall be signed by all
parties.
28. Default
Each of the following events shall constitute a default:
1. Failure to perform or comply with any material obligation or condition of
this Agreement by any party.
2. Failure to pay any sums due under this Agreement.
3. Any defaulting party shall have thirty (30) days in which to cure following
written notice of default by the non-defaulting party.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 15 of 39
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
AT&T Broadband
By: _
Title: 02 V�b t?Y2;�-3 00\ '
Date: 1I
Public Agency
By:
Title: (f(
Date: 6 da•A Lee a(�o d
PCN Service Agreement — City of Tigard
Commencing July 1 , 2000
Page 16 of 39
APPENDIX A
CITY OF TIGARD
SERVICES AND RATES
The following rates shall be applicable during the term of this Agreement, commencing
July 1, 2000.
Services Provided While Customer Sites Are on HFC PCN
HFC PCN Data Services
Public Agency shall operate LANCity Broadband Interface devices between 41.75 MHz
and 47.75 MHz on the reverse side and between 234.0 MHz and 240.0 MHz on the
forward side (Channel "T-13" to "M").
It is recognized by Public Agency that Company may assign additional use of these
frequencies by other agencies, provided both Company and Public Agency agree that
the additional equipment and applications would not be deleterious to communications
by Public Agency and its clients.
Public Agency Sites Operating LANcity Devices on HFC PCN Beginning July 1, 2000:
Tigard City Hall 13125 SW Hall Blvd.
HFC PCN Monthly Rates
The monthly charge for each LANCity device on the HFC PCN is dependent upon the
total number of such devices simultaneously being used by Public Agency and other
public agencies on the same frequencies, in accordance with the following schedule:
TOTAL NUMBER OF PRICE PER DEVICE
LANCITY DEVICES PER MONTH
1 TO 5 $ 319.49
6 TO 10 $ 287.23
11 TO 15 $ 258.24
16 TO 20 $ 232.17
21 TO 24 $ 203.05
25 OR MORE $ 176.20
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 17 of 39
APPENDIX A, continued
Upon commencement of this Agreement, on July 1, 2000, the following number of
LANcity devices are expected to be on HFC PCN Channel 713" to W". These
numbers are estimates only. Company will begin billing Public Agency in accordance
with the actual number of devices in place on July 1, 2000.
Channel 713" to "M" — Commencing on July 1, 2000, Public Agency will have a total of
One (1) LANcity bridge on these frequencies. The initial rate for Public Agency's one
(1) initial device shall be $176.20 per month.
The following initial charges are based on the assumptions above for use of PCN High
Speed Data Services on the HFC PCN:
TOTAL MONTHLY RATE FOR HIGH SPEED DATA $ 176.20
SERVICES ON HFC PCN UTILIZING LANCITY
DEVICES UPON COMMENCEMENT OF AGREEMENT
Services Provided Once Customer Sites Are on New PCN
The following rates are all based upon services provided over an optical fiber
institutional network (the "New PCN"). Once the New PCN becomes available at a site
served by the HFC PCN, Company shall provide a connection to the New PCN.
Once a Public Agency site becomes connected to the New PCN, the New PCN rates
shall go into effect seven (7) days subsequent to the date of New PCN service
activation, with the exception that prior to January 1, 2001, Public Agency shall be
charged per site according to their previous rate under the HFC PCN rate provisions,
above, regardless of whether this site(s) has been transitioned to connectivity on the
New PCN. Such rates, effective between July 1, 2000 and December 31, 2000 shall be
applicable to the following transitions:
HFC PCN New PCN
10 Mbps HFC Data to: 10 Mbps New PCN Data; or
100 Mbps New PCN Data; or
Ti New PCN Data; or
Gigabit Ethernet New PCN Data
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 18 of 39
APPENDIX A, continued
HFC Video Origination to: New PCN Video Origination
HFC Video Receive to: New PCN Video Receive
Additionally, until sites are connected to the New PCN, and while they remain on the
HFC PCN, between January 1, 2001 and January 31, 2002, Public Agency will be
charged for those sites in accordance with the rates for the "Old PCN" in their service
contracts that will commence on July 1, 2000.
During transition of any Public Agency sites to the New PCN, Company shall provide to
each Public Agency network site, as a backup, the HFC PCN service Public Agency
was using prior to the transition for a period of thirty (30) days subsequent to activation
of the New PCN service. This backup service shall be provided by Company at no
additional charge.
NEW PCN DATA SERVICES
Service Monthly Rate
Per Site
Data Communications (Using ATM Backbone)
T1 (1.544 Mbps) Service (using Ethernet or circuit emulation) $ 300.00
10 Mbps Service $ 498.73
100 Mbps Service $ 598.73
10 Mbps and T1 Services (T1 through circuit emulation) $ 638.00
100 Mbps and T1 Services (T1 through circuit emulation) $ 738.00
Data Communications (Using Gigabit Ethernet Backbone)
T1 (1.544 Mbps) Service (using Ethernet) $ 300.00
10 Mbps Service $ 498.73
100 Mbps Service $ 598.73
Gigabit Ethernet Service $ 849.00
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 19 of 39
APPENDIX A, continued
Public Agency and Company agree that, during the term of this Agreement, once the
New PCN is available to the sites indicated below, the services indicated will be
provided Public Agency by Company, for which Public Agency shall compensate
Company in accordance with provisions herein, with the exception that such New PCN
rates shall not go into effect until January 1, 2001. In addition, Company shall notify
Public Agency at least thirty (30) days prior to the change-over at each site from HFC
PCN to New PCN service; shall for a period of seven (7) days charge Public Agency for
the New PCN service at the old HFC PCN rate Public Agency had paid previously; and
shall continue to provide a back-up HFC PCN service to Public Agency location for a
period of thirty (30) days subsequent to the site being converted to the New PCN
service. Company shall begin charging the New PCN service rate on the eighth day
Public Agency has received the New PCN service at a site, unless it is mutually
determined that the New PCN service is unacceptable in accordance with the standards
herein.
The following are the sites, services, and rates agreed to by Company and Public
Agency to which Public Agency may be transitioned on the New PCN during the term of
the Agreement. It is understood by both parties that service to all of these sites,
subsequent to December 31, 2000, if and when they have been transitioned to the New
PCN, shall be provided for the rates below, subject to any discounts or annual
increases otherwise applicable in accordance with terms herein, for the remaining term
of the Agreement. It is further understood that, during the term of the Agreement,
Public Agency may add services to locations, or to change services and/or locations,
but that such changes are subject to the Upgrade, Downgrade, and Transport
Conversion charges detailed herein.
Monthly
Site Address Service Rate
Tigard City Hall 13125 SW Hall Blvd. 10 Mbps over Gigabit Ethernet $ 498.73
Rate Assurance - All PCN rates specified herein shall not exceed the market rates
charged for substantially equivalent services provided by other service providers.
Rate Increases/Decreases
Annual Increase - PCN rates established herein will be adjusted annually by
3.5% or the Consumer Price Index for the Portland Standard Metropolitan
Statistical Area, whichever is greater, beginning on January 1, 2002.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 20 of 39
APPENDIX A, continued
Such annual increase shall NOT be exercised by Company for the full term of
multi-year agreements. Therefore, the rate increase that would otherwise be
applicable to the service being received at the beginning of each year in which a
new contract would be necessary, would NOT be implemented in the case where
Public Agency opts for a multi-year agreement.
In addition:
• For any Public Agency site that is activated with a New PCN service
subsequent to January 1 , 2001, the annual rate increase* that would
otherwise be applicable under a single-year agreement shall be waived for
that site until July 1, 2002.
• For any Public Agency site that is activated with a New PCN service prior to
January 1, 2001, the annual rate increase* that would otherwise be
applicable under a single-year agreement shall go into effect on January 1 ,
2002.
* These rate increases do not refer to a site's transition from HFC PCN service
to New PCN service.
Increases or Decreases Due to Economies of Scale — In accordance with the
franchise agreement, Company maintains the authority to increase its rates if the
number of PCN customer locations falls below 140 aggregate customer sites.
Such discretionary increase by Company would only be adjusted to reschedule
Company's maintenance of network costs and amortization. Company would
implement such an increase no sooner than the subsequent July 1 st, or in 90
days, whichever is the later date.
On the other hand, Company would lower its rates if the total aggregate number
of PCN customer sites exceeds 240. Such decrease would be an adjustment
that would reflect a rescheduling of Company's maintenance of network costs
and amortization. Company would implement such an increase no sooner than
the subsequent July 1 s , or in 90 days, whichever is the later date.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 21 of 39
APPENDIX A, continued
Annual Payment Option
Public Agency may opt below for a single annual payment for services enumerated
herein, whereupon Company shall extend a five percent (5%) discount on the service
for that year. If this option is selected by Public Agency, Company shall invoice Public
Agency at the beginning of each year of the Agreement for each full year's service,
minus five percent (5%).
If Public Agency subsequently opts for a service change(s) or transport conversion(s),
and/or if Public Agency sites are converted from the HFC PCN to the New PCN and are
then subject to the rates indicated herein for New PCN services in effect subsequent to
December 31, 2000, Company shall apply the full amount paid against the total annual
amount(s) due to Company. The five percent (5%) discount shall apply to the new
services, as well as to the ones in place at the commencement of the Agreement.
Public Agency shall indicate below whether or not this option is selected. The total
amounts indicated below are predicated on the services and quantities indicated herein
as the initial ones in place at the commencement of the Agreement.
OPTION "A" (PUBLIC AGENCY IS BILLED MONTHLY):
Monthly Payments, commencing July 1, 2000: $ 176.20
Monthly Payments, when Site is converted
to New PCN*, after 12/31/00: $ 498.73
Currently projected to occur during calendar year 2001
OPTION "B" * (PUBLIC AGENCY IS BILLED ONCE DURING THE FIRST MONTH OF
THE AGREEMENT FOR COMPLETE TWELVE MONTHS: 5% DISCOUNT APPLIED;
THE ADDITION OF FURTHER SITES, IF ANY, SHALL BE BILLED ON A PRO-RATED
BASIS AS SUPPLEMENTS TO THE ANNUAL BILLING)
ANNUAL RATE: $ 2,008.68
* IF ANY PUBLIC AGENCY SITE(S) ARE TRANSITIONED TO THE NEW PCN, AND
THE NEW PCN RATES ARE IN EFFECT FOR THAT SITE(S) DURING THE PERIOD
OF JANUARY 1, 2001 THROUGH JUNE 30, 2001, COMPANY SHALL SUBMIT AN
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 22 of 39
APPENDIX A, continued
INVOICE TO PUBLIC AGENCY, AND THE BALANCE SHALL BE PAYABLE WITHIN
THIRTY (30) DAYS. A FIVE PERCENT (5%) DISCOUNT WILL ALSO BE
APPLICABLE TO THESE SITES, SINCE PUBLIC AGENCY WILL PAY FOR THEM
FOR THE REMAINDER OF THE ANNUAL TERM (THROUGH JUNE 30, 2001).
REPRESENTATIVE OF PUBLIC AGENCY PLEASE CHECK AND SIGN PAYMENT
OPTION SELECTED:
_ OPTION "A" (Monthly Billings)
AUTHORIZING SIGNATURE DATE
/OPTION "B" (Annual, Advance Billing, with 5% Discount)
AUTHORIZING SIGNATUREG' DATE 1 ? oc,
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 23 of 39
Appendix A, continued
Term Option
Public Agency must select below the length of the term of this Agreement. To
summarize, contractual terms greater than one (1) year afford Public Agency the
following benefits:
• At least two (2) years: No rate increase at the commencement of each year of the
term; and
• At least five (5) years: Ability to convert transport technology one (1) time after three
(3) years, with no Transport Conversion charge.
REPRESENTATIVE OF PUBLIC AGENCY PLEASE CHECK AND SIGN PAYMENT
OPTION SELECTED:
OPTION "1" (One Year)
AUTHORIZING SIGNATURE DATE
OPTION "2" (Two Years)
AUTHORIZING SIGNATURE DATE
OPTION "3" (Three Years)
AUTHORIZING SIGNATURE DATE
OPTION "4" (Four Years)
AUTHORIZING SIGNATURE � %-' DATE
OPTION "5" (Five Years)
AUTHORIZING SIGNATURE DATE
OPTION "6" (Six Years)
AUTHORIZING SIGNATURE DATE
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 24 of 39
Appendix A, continued
PCN INSTALLATION (NEW PCN)
For sites not currently connected to the PCN (HFC PCN or New PCN), an installation
charge may be required before service is provided. The cost for such installation is in
accordance with the installation rate schedule below. The PCN is installed to a line of
demarcation on or at the facility to receive service. Internal wiring to communications
and terminal equipment is generally the responsibility of the customer.
PCN installations to public and nonprofit facilities using the PCN are at the following
rates:
Structure is less than 450 feet from NO CHARGE
existing PCN plant capable of serving it.
Structure is between 450 and 900 feet 50/50 COST SHARE
of existing PCN plant capable ON FOOTAGE
of serving it. OVER 450 FEET
Structure is over 900 feet from existing CUSTOMER PAYS
PCN plant capable of serving it. 100% OF FOOTAGE
OVER 900 FEET
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 25 of 39
APPENDIX B
CONNECTION AND OPERATING STANDARDS
FOR SUBSCRIBERS TO THE
PUBLIC COMMUNICATIONS NETWORK (PCN)
"HFC PCN"
Introduction
The following standards are intended to ensure optimum network performance for all
public and nonprofit subscribers to the existing HFC Public Communications Network
(HFC PCN), which was in place on June 1, 1999. These standards will be observed by
subscribers and their contractors in installing all new internal network interfaces, in
modifying existing installs, and in operating equipment on the HFC PCN. These
standards have been agreed upon by Company and the Metropolitan Area
Communications Commission (MACC), which administers the cable communications
franchises under which Company operates in the communities served by the HFC PCN.
The Public Agency hereunder may connect to the HFC PCN for telecommunication
services pursuant to such franchise.
Current HFC PCN subscribers and new users with "pre-builds" are encouraged to bring
their internal networks up to these standards. Company has indicated that they will
provide consultations at no cost to any public or nonprofit agency on how to facilitate
the construction of such internal networks, or how to achieve the standards in existing
installations.
Questions may also be directed to the MACC office, 1815 N.W. 169th Place, Suite
6020, Beaverton, OR 97006; phone: 503-645-7365, ext. 203.
Network Description — HFC PCN
The Hybrid Fiber-Coaxial Public Communications Network (HFC PCN) is a discrete,
private line, broadband telecommunications system, comprised of over 500 miles of
state-of-the-art, interactive hybrid fiber-coaxial cable plant, capable of 330 MHz of
signal carriage. It is an "equal split" frequency configuration, meaning that there is as
much "upstream" capacity as there is "downstream." The HFC PCN is operated and
managed by Company, the cable television franchisee for most of Washington County
and parts of Clackamas County.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 26 of 39
Appendix B, continued
The HFC PCN serves public and nonprofit agencies with a reliable, cost-effective
means to communicate data, video, voice, and telemetry within an area spanning about
forty miles. The HFC PCN's current uses include computer networking for records
management, electronic mail, circulation of materials, computer-aided dispatch, training
and briefing of staff and students through interactive video programming; telemetry for
monitoring pump stations; and voice networking.
During the term of the accompanying Agreement, Company will be in the process of
upgrading the HFC PCN to an all-fiber optic network ("New PCN"). Between July 1,
2000 and January 31, 2002, as the PCN is upgraded from HFC to all-fiber, Company
will provide PCN customers incrementally with the means to upgrade to the all-fiber
New PCN, with optical-to-electrical or optical-to-optical conversion occurring at each
customer premise.
Standards and Procedures — HFC PCN
In its operation of the network, Company will meet or exceed established technical
standards contained in the Franchise Agreement it holds with the Metropolitan Area
Communications Commission (MACC). The following standards and procedures,
intended for network users, which have been agreed to by Company and MACC,
comply with these. These guidelines may only be amended by mutual consent of
MACC and Company.
A. Signal Requirements — HFC PCN
1. Reverse Signals
The reverse channels must be capable of providing return signals from any
subscriber tap on the HFC PCN to any other tap on the HFC PCN without
noticeable signal degradation or interference.
PCN Service Agreement — City of Tigard
Commencing July 1 , 2000
Page 27 of 39
Appendix B, continued
a. Capability — HFC PCN must be capable of carrying audio, color and
black-and-white video, and low and high-speed data (analog or
digital), according to the above criterion.
b. Maximum Customer Output Level Requirement - No more than 54
dBmV at video RF reference output level is required out of any
customer communications device.
2. Level Standards and Pilot Carrier
Provision of a +15dbmv (+or- 2dbmv) video reference on pilot carrier
301 .2625 at the line of demarcation at each HFC PCN user site. The signal
levels at user locations will be checked frequently by both Company and
MACC.
The following are the level standards that will be followed for all public and
nonprofit facilities on the Residential Subscriber Network (RSN) or on the
HFC PCN. These levels establish the requisite level that Company will
provide for downstream signal and the requisite level that a public facility
must provide when transmitting upstream. The standards should be
referenced to video carrier levels.
a. DOWNSTREAM LEVELS
Levels provided at the drop or first outlet in the downstream direction:
(1) RSN Downstream Level (50-450 MHz)
Channel 2 through Channel WW, +15.0 dBmV
referenced to video. Data
carrier levels may vary, depend-
ing on user-specific hardware.
(2) PCN Downstream Level (210.00-330.25 MHz)
Channel 12 through Channel EE, +15.0 dBmV
referenced to video.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 28 of 39
Appendix B, continued
b. UPSTREAM LEVELS
Levels provided at the first active service, e.g. trunk amplifier on the
PCN:
(1) PCN Upstream level (5.75-132.00 MHz)
Channel T-7 through 132.00 MHz, +20.0 dBmV
referenced to video.
B. Maintenance and Repair Requirements — HFC PCN
1. Repair Force — HFC PCN
Company provides a repair force of technicians capable of responding
properly to all requests for service by PCN users.
2. Repair Response Times — HFC PCN
Response to network problems shall occur at all hours (24 x 365). This shall
include response to all situations creating problems on the network, regardless
of whether they originate within the network or within equipment or software at
the user site. Appropriate Company technical support shall respond and
actively begin working on network problems within 30 minutes of either 1)
Company identifying such problem or 2) Company receiving a call from Public
Agency reporting a network problem. Company shall place a phone call to
Public Agency's designated service contact to inform Public Agency that the
situation is being addressed. Company shall work continuously until the
problem is resolved. If it is determined that the network problem is caused by
user equipment or software, then Public Agency shall correct the problem such
that other HFC PCN users are no longer affected. If Public Agency does not
correct the problem, then Company may disconnect the affected Public Agency
site from the HFC PCN until such time that the user equipment or software is
repaired. If Public Agency desires assistance from Company in correcting the
equipment or software problem, then Company may provide such assistance,
but Company shall also have the right to invoice Public Agency, at Company's
prevailing hourly rate for the time spent correcting Public Agency equipment or
software problems
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 29 of 39
Appendix B, continued
3. Service Calls — HFC PCN
All service calls should be made directly to Company, when possible, by the
user agency's key service contact person.
4. Network Availability — HFC PCN
For purposes of this availability standard, network problems shall not be
defined as: infrequent scheduled preventative maintenance as long as PCN
customers are notified in advance, according to the provisions of the MACC
Franchise and user contracts. Network availability is subject to the Section
19 force majeure provisions herein and those conditions which are not
within the reasonable control of the Company. These include, but are not
limited to: damage resulting from conduct by a third party, natural disasters,
civil disturbances, major non-Company owned telephone network outages,
or severe and unusual weather conditions. Company will give affected PCN
users notice in the event of any of the foregoing occurrences.
5. Penalties and Procedures — HFC PCN
Company agrees to the following liquidated damages for interruptions. In
the event of interruptions of transmission on any circuit during Public
Agency business hours not found to be beyond the reasonable control of
Company, Public Agency shall be solely entitled to a reduction of $5.00
per hour from the monthly lease fee for every hour of interruption of
transmissions over two (2) hours during regular business hours (defined
as 8:00 am to 5:00 p.m. Mondays through Fridays, except holidays) and
six (6) hours after regular business hours. Said reduction shall appear on
the subsequent month's invoice. No reduction shall be provided for
interruptions of two (2) hours or less. Total reductions in any single month
shall not exceed the total monthly lease charge. The interruptions of
transmission are considered different if they are separated by no less than
thirty (30) minutes of continuous transmission capability.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 30 of 39
Appendix B, continued
When Company anticipates transmission interruptions due to preventive
maintenance or line extension procedures seven (7) or more days in
advance, Company shall notify Public Agency of such predicted
interruptions at least seven (7) days in advance. In cases when Company
anticipates such interruptions less than seven (7) days in advance,
Company shall notify Public Agency as soon as possible, and at least
twenty-four (24) hours in advance of the interruptions. Such interruptions
shall be kept to a minimum and performed between 9:00 PM and 8:00 AM
whenever possible.
C. User Connection Requirements — HFC PCN
1. Materials and Local Network Configuration
Prior to constructing an internal coaxial, RF "local area network" within a
PCN user site that will interface with any RF-based portions of the HFC
PCN, the user or contractor will contact Company and provide them with a
copy/drawings of their plans and specifications of the devices and materials
used in distributing HFC PCN signals through the facility. This will allow
Company to advise the network user on materials and equipment that will
most suitably interface with the cable system, while meeting the user's
needs.
The following are agreed to be acceptable materials for use in broadband
coaxial local area networks that interface with the HFC PCN. In order to
maintain compatibility, Public Agency will consult with Company when
considering interfacing equipment other than those components listed in the
examples below.
MACC and Company can refer network users to other agencies which can
recommend the work of reputable broadband local area network companies.
a. Broadband Coaxial Cable:
Minimum 0.500" CATV Coaxial Cable "Hardline"; Drop Cable: RG-6
Quad Shield; Nat'l. Electrical Code rated "CATV" or better.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 31 of 39
Appendix B, continued
All cable is to have a minimum 30 dB structural return loss from 5 to
350 MHz.
b. Amplifiers. Pads, and Equalizers:
Need to meet minimum bandwidth requirements of the PCN (5 to 132
MHz and 186 to 350 MHz).
Not more than 2 dB peak to valley response.
Rf-gasketed or sealed, and should emit not more than 20 uV/M
radiation levels of any rf signals at 3 meters.
Examples of Acceptable Equipment:
C-COR LAN 101 Distribution Amplifiers, ac
powered (compatible with amplifiers on the HFC PCN itself).
C-COR Pads and Equalizers.
C. Taps/Drops:
Each Unused Port Terminated in 75 Ohm Resistor.
End-of-Line Terminators at 75 Ohms.
5 to 350 MHz bandpass.
Must have integral gasketing or sealing; shall
not emit more than 20 uV/M radiation levels of any rf signals at 3
meters.
d. FCC Specifications:
Upon internal network construction and activation, network shall not
radiate levels greater than 20 uV/M at 3 meters, as per FCC
Rules, Part 76.
e. Connectors:
"Hardline Section" - On internal "trunk" (hardline) coaxial cable, use
only PIN-type, integral sleeve, aluminum connectors.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 32 of 39
Appendix B, continued
Network Service Drops - F-connector should be a one-piece, integral
sleeve, with crimp-sleeve specification matched to the cable's
diameter.
f. Other Considerations:
Company and MACC recommend that the user should procure at
least a 1-year warranty on parts and labor on LAN equipment, and
complete documentation on cable routing, footages, tap locations and
values, and drop locations (referenced to "as-built" drawings).
D. Equipment Additions/Deletions/Changes in Location or Frequency— HFC PCN
Prior to adding, deleting, or moving communications devices on the HFC PCN, or
to changing frequencies, the network user will notify Company with a Service
Action Request form. Any change in equipment or location is subject to the
approval of Company.
PCN Service Agreement— City of Tigard
Commencing July 1, 2000
Page 33 of 39
APPENDIX C
CONNECTION AND OPERATING STANDARDS
FOR SUBSCRIBERS TO THE
PUBLIC COMMUNICATIONS NETWORK (PCN)
"NEW PCN"
Introduction
The following standards are intended to ensure optimum network performance for all
Sites on the New Public Communications Network (New PCN), and to which some
customers will be transitioned during the term of the Agreement. These standards will
be observed by subscribers and their contractors in installing all new internal network
interfaces, in modifying existing installs, and in operating equipment on the New PCN.
These standards have been agreed upon by Company and the Metropolitan Area
Communications Commission (MACC), which administers the cable communications
services franchises under which Company operates in the communities served by the
PCN (See Franchise § 11.2 and Attachment 11.2.A). The Public Agency hereunder
may connect to the PCN for telecommunication services pursuant to such franchise.
SIGNAL QUALITY — NEW PCN
The network shall achieve the performance standards listed below under worst-case
conditions for communications occurring between each New PCN institution and
Company's headend, since all communications will be regenerated at the headend.
Data Communications - For any data communications link on the network, the bit error ratio
(BER) shall be equal to or better than 1 x 10 to the minus 9, provided customer premise
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 34 of 39
Appendix C, continued
equipment meets or exceeds, and is operating to these specifications.
Network Availability— New PCN - For each user on the network, network availability shall
be equal to or better than 99.965% (no more than 184 minutes of network downtime per
user) as measured on an annual basis.
The network shall be defined as `unavailable' for any given user when such user:
A. Cannot, because of a network problem, measured by SNMP software or other
appropriate software and associated hardware, or through a failure of a Company-
provided interconnect, transmit video, voice and/or data communications to, from,
and/or on the network, for which such user is paying a fee to Company.
Such problems shall be the result of a failure of one or more of the following: 1)
the fiber optic cabling, connections and transmission equipment on the network; 2)
the optical switching or routing equipment at Company's headend; 3) the optical-
to-electrical or optical-to-optical conversion equipment at the customer's premise
(where such equipment is provided by Company); 4) any necessary network
powering systems with the exception of Company-provided customer premise
equipment, which shall be powered by Public Agency; and/or 5) any other
Company-provided network component; and/or,
B. Experiences due to a network problem a data communications packet loss of greater
than ten (10) percent.
For purposes of this availability standard, network problems shall not be defined as:
infrequent scheduled preventative maintenance as long as New PCN customers are
notified well in advance, according to the provisions of the Franchise and user
contracts. Except as otherwise provided for herein, network availability is subject to
the force majeure provisions of the Franchise and those conditions which are not
within the control of the Company. These include, but are not limited to: damage
resulting from conduct by a third party, natural disasters, civil disturbances, major
non-Company owned telephone network outages, or severe and unusual weather
conditions. Company shall comply with the requirements of "Demand
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 35 of 39
Appendix C, continued
Maintenance/Service and Repair" to restore service following any of these
occurrences. Company will give MACC and affected New PCN users notice in the
event of any of the foregoing occurrences.
Service Response — New PCN
Network Maintenance — New PCN - Company shall be responsible for the ongoing
maintenance and performance of the New PCN from the demarcation point within a facility
through the network, including the New PCN headend. The demarcation point shall be that
point, designated by a New PCN site agreement, where the New PCN connects to internal
wiring and/or equipment within the facility unless such wiring or equipment has been
supplied or is maintained by Company, in which case the Company shall be responsible
for New PCN performance to the point of connection to facility owner supplied wiring or
equipment. Routine and preventive maintenance shall be performed continually on the
network to ensure that it meets all performance criteria detailed herein. New PCN users
shall have at least ten (10) business days advance notice of routine and preventative
maintenance activities that may affect operation of their New PCN circuits.
Demand Maintenance/Service and Repair— New PCN - Response to network problems
shall occur at all hours (24 x 365). This shall include response to all situations creating
problems on the network, regardless of whether they originate within the network or
within equipment or software at the user site. Appropriate Company technical support
shall respond and actively begin working on network problems within 30 minutes of
either 1) Company identifying such problem or 2) Company receiving a call from a New
PCN user reporting a network problem. Company shall work continuously until the
problem is resolved. If it is determined that the network problem is caused by user
equipment or software, then the user shall correct the problem such that other New
PCN users are no longer affected. If Public Agency does not correct the problem, then
Company may disconnect the affected user site from the New PCN until such time that
the user equipment or software is repaired. If the user desires assistance from
Company in correcting the equipment or software problem, then Company shall provide
such assistance, but Company shall also have the right to invoice the user, at
Company's prevailing hourly rate for the time spent correcting user equipment or
software problems.
PCN Service Agreement– City of Tigard
Commencing July 1, 2000
Page 36 of 39
Appendix C, continued
Network Support – New PCN - Company shall provide an appropriate complement of
administrative, headend and field personnel at all times to meet the performance criteria
detailed herein. At a minimum, this includes a complement of three engineering and
technical personnel (at least one of which shall be a data professional) devoted solely to
the operation of the New PCN. This staffing requirement may be reviewed periodically and
modified upon mutual agreement by the Company and MACC.
Service Call Processing and Tracking- New PCN - Company will establish mechanisms
and procedures for all New PCN users to quickly and easily report system problems. All
trouble or service calls will be documented, processed and completed in an expedient
manner. Company will consider employing an automated trouble notification system
accessible to New PCN users. Documentation will include monthly new PCN service call
reports, distributed to both affected users and MACC, which will include a breakdown of
reasons and resolutions as well as call handling efficiency (including all activities from the
time a network trouble call is received to the time Company and user agree that network
trouble is resolved). Notwithstanding the staffing, testing and equipment and response
requirements set forth herein, the Company will provide: in-house and/or contractor staff;
spare and back-up headend, distribution, and other applicable equipment; test and
maintenance equipment; and additional steps necessary to ensure that the network
performs reliably in accordance with all standards detailed herein.
New PCN User Location Performance Testing - All network performance specifications
shall be met at each New PCN user location, and the network shall at all times enable New
PCN user video, voice and data communications to be successfully transmitted in
accordance with the reliability and availability standards incorporated herein. Company
shall schedule with each user such testing as required to ensure successful network
performance at each New PCN customer location.
Physical Network Characteristics – New PCN - The physical, optical and electrical
configuration of the New PCN will comply with all applicable Federal, State and local
requirements. Inspections of all cable runs and components will be made by Company
during the upgrade process to ensure the integrity of the network and Company shall keep
records thereof.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 37 of 39
Appendix C, continued
New PCN Service Penalties And Procedures
These following penalties will apply beginning thirty, (30) days after the date any user
begins service on the New PCN. Until that time, HFC PCN penalties and procedures,
above, shall be in effect.
PCN Network Outages - PCN network outages are defined in the MACC Franchise
Agreement, PCN Service & Performance Standards, Attachment 11.2 A , Network
Availability. Each minute of each network outage shall be counted against the 184
minutes per site, per contract year, allowed under the above Standards.
Claims for a network outage credit will be subject to the following schedule_
There will be no credits for outages for the first 184 cumulative minutes for each New
PCN site in a single contract year. Credits will apply for each month of the contract
year, beginning with the month in which the total of 184 outage minutes is reached.
For each outage minute, or fraction thereof, during a single month, the network outage
credit shall be two percent (2%) of the monthly rate, and shall increase by two percent
(2%) for each additional minute, or fraction thereof. The maximum monthly outage
credit for each New PCN site shall not exceed 100% of the monthly rate.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 38 of 39
Appendix C, continued
OUTAGES FOR EACH NEW PCN SITE EXCEEDING 184 CUMULATIVE MINUTES
DURING A SINGLE CONTRACT YEAR:
Cumulative Duration of Network Outages Credit Towards Monthly Rate
During a Single Month (measured in minutes)
0.1 — 1.0 2%
1 .1 — 2.0 4%
2.1 - 3.0 6%
49.1 and above 100%
Written claims for outage credit. New PCN users must provide Company and MACC
with a written claim for outage credit within seven (7) business days of the event that
caused the outage. The following information must be filed by the PCN user's
designated contract representative and include the following information:
1) Organization's name and contact information
2) Name of user contract representative
3) Date and beginning/end time of claimed outage
4) Site address(es) where outage(s) occurred
5) Description of outage event.
Claim Process: New PCN users must submit the required information by USPO mail to:
AT&T Broadband
3500 SW Bond Ave.
Portland, Oregon 97201
Company will acknowledge all claims within two business days of receipt of claim and
will review all claims within ten (10) business days of receipt.
Company shall inform New PCN user and MACC in writing whether the appropriate
service credit claim will be granted or rejected. If rejected, the notification will specify
the basis for the rejection. If Company fails to respond to properly made claim within
fifteen (15) days of receipt of claim, claim is deemed to be accepted by Company and
appropriate service credits will be due. New PCN user or Company may request MACC
to mediate disputed claims.
PCN Service Agreement — City of Tigard
Commencing July 1, 2000
Page 39 of 39
Appendix C, continued
Credit Process: Company will issue service credits in the form of deductions applied
towards the New PCN user's next applicable contract period service rate.
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Paul deBruyn
FROM: Bill Monahan qA"
DATE: November 15, 2000
SUBJECT: AT&T Broadband Agreement
On November 13, 2000, we received the enclosed executed copy of the AT&T Broadband
Agreement. Would you please make sure you have a copy of the agreement and that the
original is forwarded to Dee Wise to be maintained in the City Records.
Thank you for your assistance.
encl
11ADM\BILL\MEMOSWTBT BROADBAND AGREEMENT.DOC