SERVICE ORDER pg. 1
Astound Business Solutions, LLC / City of Ripon 5/30/2023
PROPRIETARY AND CONFIDENTIAL
Service Order
This Service Order (this “Service Order”) is entered into as of the date of last signature below (the “Effective Date”), by and between ASTOUND BUSINESS SOLUTIONS, LLC, a Delaware limited liability company, acting on behalf of itself and as agent for its Affiliates (collectively, “Provider”), and CITY OF RIPON, a California municipal corporation (“Customer”). This Service Order is made pursuant to and will be governed by that certain Master Services Agreement between Provider and Customer dated September 9, 2020 (the “MSA”). All capitalized terms used but not defined in this Service Order shall have the meanings given to them in the MSA. Affiliates of Astound Business Solutions, LLC include, but are not limited to (i) RCN Telecom Services, LLC, (ii) Grande Communications Networks, LLC, and (iii) Wave Business Solutions, LLC.
CUSTOMER DBA CUSTOMER CONTACT NAME CUSTOMER CONTACT INFO City of Ripon Hunter Crosby Office: (209) 599-0277
Mobile:
Email: [email protected]
CUSTOMER BILLING ADDRESS ALTERNATIVE CUSTOMER CONTACT ALTERNATIVE CUSTOMER CONTACT INFO 259 N. Wilma Avenue, Ripon CA 95366
CUSTOMER ACCOUNT NUMBER SERVICE ORDER REFERENCE NUMBER ACCOUNT SALES REP 0 - OP364142 Lynn Cardoza - 301268
INITIAL SERVICE TERM SEGMENT
60 months Enterprise
Provider shall provide to Customer the services set forth below (each, a “Service”), at the location(s) set forth below (each, a “Service Site”), in exchange for the one-time, nonrecurring installation charge (“NRC”), and the monthly recurring service charges (“MRC”) set forth below:
PRODUCT LINE ITEM Z-LOC ADDRESS (PRIMARY) Z-LOC
DEMARC A-LOC ADDRESS A-LOC DEMARC UNITS MRC / UNIT
TOTAL
MRC
NRC /
UNIT
TOTAL
NRC
/29 Static IP Block (5
Usable)
240 Doak Boulevard
Ripon, CA 95366
MPOE N/A 1 $30.00 $30.00 $0.00 $0.00
DIA 1 Gb 240 Doak Boulevard
Ripon, CA 95366
MPOE N/A 1 $820.00 $820.00 $0.00 $0.00
Full PRI 240 Doak Boulevard
Ripon, CA 95366
MPOE N/A 1 $249.00 $249.00 $0.00 $0.00
NOTE: If the Demarcation Point listed above for a Service Site is the MPOE, then Customer is responsible for providing any necessary demarc extension / additional inside wiring to reach the Customer’s premises/suite.
TOTALS $1,099.00 $0.00
Note: The charges listed above do not include applicable taxes, fees and surcharges.
DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A SERVICE ORDER pg. 2
Astound Business Solutions, LLC / City of Ripon 5/30/2023
PROPRIETARY AND CONFIDENTIAL
NOTES
Estimated Installation Date. The estimated installation date is 20 - 24 weeks from the Effective Date of this Service Order Service Level Agreement For Lit Fiber Services. The Service Level Agreement for Ultra High Availability Dark Fiber Services that is attached to this Service Order as Exhibit A (the “SLA”) shall apply to the Services provided to Customer pursuant to this Service Order.
Important Notice Regarding E911 Service. The telephone Services provided hereunder are provided by Provider’s Internet Protocol voice network (aka “VoIP”). Federal Communications Commission rules require that providers of VoIP phone services remind customers of these important E911 facts: (i) Provider needs a correct service site address in order to deliver accurate location information to E911; (ii) If you move your VoIP phone equipment to a different physical address, you must call Provider immediately to update the location information, otherwise E911 will not have your correct location information on file; (iii) VoIP services operate using the standard electrical power provided to the service site, so unless you have arranged for a back-up power supply, the Services will be unavailable during a power outage; (iv) You may not be able to make E911 calls if there is a power outage, network outage or other technical problems, or if your phone service is terminated or suspended. By signing below Customer indicates that Customer has read and understands this notice regarding E911 service.
The submission of this Service Order to Customer by Provider does not constitute an offer. Instead, this Service Order will become effective only when both parties have signed it. The date this Service Order is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the Effective Date of this Service Order.
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Authorized Customer Signature Authorized Provider Signature \an1\ \ocn1\
Printed Name Printed Name
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Title Title
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Date Signed Date Signed
DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A 6/1/2023
David Lampkin
VP Business Solutions
EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 1 Astound Business Solutions, LLC 09/19/2022
PROPRIETARY AND CONFIDENTIAL
EXHIBIT A
to
Master Services Agreement
Service Level Agreement for Lit Fiber Services
This Service Level Agreement for Lit Fiber Services (this “SLA”) is a part of the Master Services Agreement (“MSA”) between Astound Business Solutions, LLC (“Astound”) and Customer to which it is attached. Unless otherwise provided in the applicable Service Order, this SLA applies to the following types of lit fiber Services provided by Astound pursuant to the MSA: (a) IP transit / dedicated Internet access services, (b) Ethernet transport services, and (c) VoIP services, including hosted voice.
1. AVAILABILITY SLA
Astound’s Network is designed to provide a target Availability of at least 99.999% per month. If the Availability target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA.
Target Availability Duration of Service Outage Customer Credit as % of MRC for the applicable Circuit*
99.999% Availability
Less than 26 seconds Target Met
> 26 seconds up to 1 hour 5%
> 1 hours up to 3 hours 10%
> 3 hours up to 5 hours 15%
> 5 hours an additional 5% for each
additional hour of Service Outage
*Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit.
2. MEAN TIME TO RESTORE (“MTTR”) SLA
In the event of Outages in Services due to failure or malfunction of the Astound Network or Astound Equipment, Astound’s CNOC is designed to provide a MTTR of 4 hours or less. If the target MTTR is not met for a particular circuit in a given calendar month, and Customer receives a Service from Astound on the circuit at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed as described in this SLA.
Target MTTR Actual MTTR
Customer Credit
as % of MRC for the
applicable Circuit
4 hr MTTR
≤ 4 Hrs. Target Met
> 4 Hrs. to 6 Hrs. 5%
> 6 Hrs. to 8 Hrs. 10%
> 8 Hrs. 25%
3. PACKET DELIVERY/PACKET LOSS SLA
The Astound Network is designed to provide no greater than 0.05% Packet Loss. If the Packet Loss target is not achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA. Customer credits for average monthly Packet Loss are calculated on an individual circuit basis, and the amount of any credit is based on the portion of MRC allocable to the affected circuit.
DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 2 Astound Business Solutions, LLC 09/19/2022
PROPRIETARY AND CONFIDENTIAL
Target Maximum
Packet Loss
Actual Packet Loss
(lower end – upper end)
Customer Credit
as % of MRC for the
applicable Circuit
≤ 0.05% Packet Loss
0% - 0.05% Target Met
> 0.05% - 0.08% 5%
> 0.08% - 0.1% 10%
> 0.1% - 0.7% 25%
> 0.7% - 1.0% 50%
> 1.0% 100%
4. LATENCY SLA
The Astound Network is designed to provide a monthly average one-way Latency not to exceed the following:
• For “Local Market” distances of ≤ 75 miles = 10 ms
• For “Inter-Market” distances of between 76 – 750 miles = 20 ms • For “Long-Haul” distances of > 750 miles = 50 ms
If the applicable Latency target is not achieved in a given month and Astound does not remedy the problem within fifteen (15) calendar days from the date on which Customer opens a Trouble Ticket with the Astound CNOC regarding excessive Latency, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as described in this SLA.
Target
Local Market
Latency
Target
Inter-Market
Latency
Target
Long-Haul
Latency
Actual One-Way
Latency
(lower end - upper end)
Customer Credit
as % of MRC for
the applicable
Circuit
10 ms or less 20 ms or less 50 ms or less
≤ Target Latency Target Met
> Target up to 8 ms over Target 5%
> 8 ms up to 15 ms over Target 10%
> 15 ms up to 20 ms over Target 25%
> 20 ms over Target 50%
5. NETWORK JITTER SLA
The Astound Backbone Network is designed to have a monthly average one-way Network Jitter not to exceed the following:
• For Local Market distances of ≤ 75 miles = 2 ms
• For Inter-Market distances of between 76 – 750 miles = 5 ms • For Long-Haul distances of > 750 miles = 15 ms
If the applicable Network Jitter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/30th of the MRC of the affected circuit for that month for each full 1ms of Network Jitter above the Network Jitter target set forth above. Any such credit must be claimed as described in this SLA.
6. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different circuit/path for the Service and circuit/path that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or (ii) terminate the affected Service for the circuit/path that experienced the Chronic Outage without incurring any Termination Charge.
DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 3 Astound Business Solutions, LLC 09/19/2022
PROPRIETARY AND CONFIDENTIAL
7. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below. “Astound Backbone Network” means Astound’s core fiber backbone that connects Astound’s POPs and regional hubs. “Astound’s Commercial Network Operations Center” or “Astound’s CNOC” means Astound’s commercial network operations center, which is staffed 24x7x365 and can be reached at: 888-317-0488. “Astound Network” means all equipment, facilities and infrastructure that Astound uses to provide Services to Customer, and includes Customer’s access port. The “Astound Network” does not include Customer owned or leased equipment (unless leased from Astound), or any portion of Customer’s local area network after the demarcation point for the Services provided by Astound. “Availability” means the ability of Customer to exchange Ethernet packets with the Astound Network via Customer’s router port.
Availability is measured in minutes of uptime over the calendar month during which the Services are Available:
% Availability = (Total Minutes in Month – Total Minutes of Unavailability in Month) (per calendar month) Total Minutes in Month
For Ethernet Transport Services and VoIP Services, Availability is calculated at the individual circuit level, between Astound’s Backbone Network and the Customer’s router port. For IP transit / dedicated Internet access Services, Availability is calculated from the Customer’s router port through the Astound Network to the handoff point for the Internet. IP transit / dedicated Internet access Service Availability does not include the availability of the Internet itself or any particular Internet resource. Periods of Excused Outage are not included in Availability metrics. “Chronic Outage” means a series of three (3) or more Service Outages affecting the same Service on the same circuit during a given calendar month, each of which has an actual time to restore “TTR” in excess of Astound’s targeted MTTR. “Emergency Maintenance” means Astound’s efforts to correct conditions on the Astound Network that are likely to cause a material disruption to or outage in services provided by Astound and which require immediate action. Emergency Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages are Excused Outages that will not entitle Customer to credits under this SLA. Astound may undertake Emergency Maintenance at any time Astound deems necessary and will provide Customer with notice of such Emergency Maintenance as soon as commercially practicable under the circumstances.
“Excused Outage” means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance, (ii) Emergency Maintenance, or (iii) circumstances beyond Astound’s reasonable control, such as, by way of example only, Force Majeure Events, acts or omissions of Customer or Customer’s agents, licensees or end users, and/or electrical outages not caused by Astound.
“Jitter” or “Network Jitter” refers to a variation in the interval at which packets are received, also described as the variability in Latency as measured in the variability over time of the packet Latency across a network. Jitter is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics. “Latency” means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point on Astound’s Network to another designated point on Astound’s Network. Latency is calculated as an aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Latency metrics. “Mean Time to Restore” or “MTTR” means the average time required to restore the Astound Network to a normally operating DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 4 Astound Business Solutions, LLC 09/19/2022
PROPRIETARY AND CONFIDENTIAL
state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes Astound to repair all Service Outages on the specific circuit. MTTR is measured from the time an Outage related Trouble Ticket is generated by the Astound CNOC until the time the Service is again Available. The cumulative length of Service Outages per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit (per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit Periods of Excused Outage are not included in MTTR metrics. “Outage” means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused Outage.
For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage-related Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by Astound. Unavailability does not include periods of Service degradation, such as slow data transmission. “Packet Loss” means the unintentional discarding of data packets in a network when a device (e.g., switch, router, etc.) is overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric measured by Astound across the Astound Backbone Network between a sample of Astound POPs. Local access loops are not included. Periods of Excused Outage are not included in Packet Loss metrics. “Scheduled Maintenance” means any maintenance of the portion of the Astound Network to which Customer’s router is connected that is performed during a standard maintenance window (1:00AM – 6:00AM Local Time). Customer will be notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer’s Service. “Trouble Ticket” means a trouble ticket generated through the Astound CNOC upon notification of a Service-related problem.
Trouble Tickets may be generated by Astound pursuant to its internal network monitoring process, or by Customer’s reporting of a problem to the Astound CNOC. In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the Astound CNOC and open a Trouble Ticket regarding the problem; Trouble Tickets generated internally by Astound will not provide a basis for Customer credits or Chronic Outage remedies.
8. CLAIMING CREDITS AND REMEDIES
8.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related Service credit or Chronic Outage remedy, Customer must be current in its financial obligations to Astound. Credits are exclusive of any applicable taxes charged to Customer or collected by Astound.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the Astound CNOC within forty-eight (48) hours of the occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to Customer’s account manager within fifteen (15) days after the end of the calendar month in which the incident giving rise to the credit(s) occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric. (ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
DocuSign Envelope ID: 1B7563B5-EB46-4F87-9531-364117C73B7A EXHIBIT A: SERVICE LEVEL AGREEMENT FOR LIT FIBER SERVICES pg. 5 Astound Business Solutions, LLC 09/19/2022
PROPRIETARY AND CONFIDENTIAL
(a) Open a Trouble Ticket regarding the Chronic Outage with the Astound CNOC within seventytwo (72) hours of the last Outage giving rise to the claimed remedy; (b) Submit a written request for a remedy regarding the Chronic Outage to Customer’s account manager within thirty (30) days of the end of the calendar month in which the Chronic Outage occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination); • Trouble Ticket numbers for each individual Outage event; • Date and beginning/end time of each of the claimed Outages; • Trouble Ticket number for the Chronic Outage at issue; • Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA-related credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer’s sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to which this SLA applies.
8.2 Astound’s Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are subject to evaluation and verification by Astound. Upon receiving a claim for SLA-related credit and/or remedies for Chronic Outage, Astound will evaluate the claim and respond to Customer within thirty (30) days. If Astound requires additional information in order to evaluate Customer’s claim, Astound will notify Customer by email specifying what additional information is required.
Customer will have fifteen (15) days from the date on which it receives Astound’s request for additional information in which to provide the requested information to Astound. If Customer fails to provide the additional information within that time period, Customer will be deemed to have abandoned its claim. Astound will promptly notify Customer of Astound’s resolution of each Customer claim. If Customer’s claim for an SLA-related credit or Chronic Outage remedy is rejected, the notification will specify the basis for the rejection. If Customer’s claim for a credit is approved, Astound will issue the credit to Customer’s account, to appear on the next monthly invoice. If Customer’s claim for a Chronic Outage remedy is approved, Astound will notify Customer of the date on which the requested substitution or termination will occur. Astound’s determination regarding whether or not an SLA has been violated shall be final.
8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC for the affected Service. Credits shall not be cumulative with respect to any given incident; instead, if multiple SLAs are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount. This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is caused by or due to any of the following: (i) the acts or omissions of Customer, its agents, employees, contractors, or Customer’s end users, or other persons authorized by Customer to access, use or modify the Services or the equipment used to provide the Services, including Customer’s use of the Service in an unauthorized or unlawful manner; (ii) the failure of or refusal by Customer to reasonably cooperate with Astound in diagnosing and troubleshooting problems with the Services; (iii) scheduled Service alteration, maintenance or implementation; (iv) the failure or malfunction of network equipment or facilities not owned or controlled by Astound or Astound’s Affiliates; or (v) Force Majeure Events.
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