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Home My WebLink About25H - AGMT - INTERNET SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: AMENDMENT AGREEMENT FOR INTERNET INFRASTRUCTURE AND ACCESS SERVICES (STRATEGIC PLAN NO. 7, 2D CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute amendment to the Agreement with Cogent Communications, Inc., for internet access services to exercise an option for the third extension to the existing agreement for a term of three years in an amount not to exceed $35,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's current agreement for internet access service is expiring. Internet access is required to support operations in every City agency and department with internet email, outgoing access to the World Wide Web and incoming access to the City's website and other web - accessible City applications. The City's Information Services Division issued an RFP in 2009 seeking proposals for a dedicated internet access connection with service level guarantees. The RFP was posted on the City website and on other online announcement services. To receive the lower pricing and to ensure a stable internet connection to support City operations, a multi -year agreement period was sought. Ten proposals were received and evaluated. City staff recommended that the City enter into a two year agreement with Cogent Communications, Inc. to supply the dedicated internet access service with connecting "local loop" service. The service agreement with Cogent contained service performance guarantees with monetary penalties for performance problems. There were also provisions in the agreement allowing the City to terminate in case of unsatisfactory performance. The City's dependence on internet service has grown over time and there is increasing demand. This is as a result of more visitors to the City website, software applications that rely on internet access, higher volume of internet email, and the growing use of information gathering via the internet. To accommodate existing demands as well as to prepare for continued growth, service 25H -1 Amendment Agreement For Internet Infrastructure and Access Services September 1, 2015 Page 2 that will increase dedicated internet access to 250MB (currently at 100MB). This additional bandwidth will allow enough flexibility as city systems are upgraded and come online, other Cloud services expand, and overall internal and external future internet service demand grows. Included are additional Internet Protocol addresses necessary for connecting all applications, hardware and systems to the internet. Given the essential nature of internet service to the City and the potential for cost savings, the City staff recommends the approval of an amendment to the agreement with Cogent Communications, Inc. with discounted monthly costs for a term of three years. All other terms and conditions, including the ability of the City to exit the agreement for any reason with 30 days' notice, would remain. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7, Team Santa Ana, Objective #2 (Establish communication plans to engage and inform employees and the community about City activities), Strategy D (invest in software /resources that will help streamline the flow of information to City staff and the public). FISCAL IMPACT Funds are budgeted and are available in the amount of $26,000 in FY 2015 -2016 Technology Plan Fund for contractual services (account no. 10910147- 62300). The remaining term of agreement will be budgeted in subsequent years as follows: Fiscal Year Amount 2015 -2016 $26,000 2016 -2017 $35,000 2017 -2018 $35,000 2018 -2019 $ 9,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: Agreement 25H -2 Dedicated Internet Access Cogent Communications, Inc. cogent 2450 N Street, NW Customer Order Form Washington, DC 20037 North America Resell CUStomer(Name) us wwwcogenfco.com Customer and Order Information Customer Name USD I City of Santa Ana Cogent Customer Description Corporate Firm Initial Term Resell CUStomer(Name) No Installation Order Date 2 -Jun -2015 Order Type Agent Daal (Name) No Legacy Orders Terminatlon(Deiay) (per Mbps) Requested Service Date 26- Sep -2016 Immediate Termination Service Information Product Type Off- Net(Corporate) Select 11" ad alatroef! USD US Dollars avtemalleuie) Currency Order USD I Legacy Cogent Service Bandwidth CDR Initial Term Billing Burst Fee Installation Base Order Type Order (per Mbps) Fee Monthly Fee Number Number Node Id Interface Model Mbps Months USD USD USD 1- 184184833 i(�n.�da. 1- 104896531 2695.3 Gig -E 250 36 Flat Rate NIA 1 1,500.00 2,609,00 Instllation Monthly Fee Total Fees Total Fees including Options U USD I I USD 1,500.06 2 2.809.06 Billing CinrranCysa USD USD w". dab. COOENi,nll ese 0,¢cunene(conva,5lon releeaallM Goseol boon» sf.E RT', eNOUe tlayeaael bhh aluvvwpenJa .W,1,. ) Initials Customer. DIAL, r 3 order Form V3 -te Cgpent Communlcallons Cddf dgrdol Paya tp 25H -3 DIAL, r 3 order Form V3 -te Cgpent Communlcallons Cddf dgrdol Paya tp 25H -3 Customer Service Delivery Information Cogent Communications, Inc. Dedicated Internet Access 2450 N Street, NW Washington, OC 20037 Customer Order Form North America w&w.cogenrco,com Customer Contracting & Billing Information Tenant/Dalacenter Name City of Santa Ana Node ID 2695 -3 Service Address 20 Civic Center Plaza Sidle / Floor M -12 City, State, Province Santa Ana, CA Postal Coda 92701 Country Termination Service actively always takes place at Cogent Demarcation Point as dented In be coached Product Rider, Delivery Contact Name Eddie Duque Telephone __- (714) 647.6964 - Celiphone Phone Fax Fax Email eduque@santa- ana.org Cogent Contact Information Sales Office Location Hemdon, VA (Premier) Address HO: 2450 N Street, NW Washington CC 20037 Phone 703-456-7914 Fax 202 - 318 -2558. Service Provisioning sd @cogentco.com Customer Care support @cogentco.com Contract Documents The entire Customer Subscriber Agreement (CSA), entered Into between Customer and COGENT, is made up of the documents listed here, Capitalized terms are defined in the text of the Tors or Definition section of the Ters, All prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such Services, are superseded, Customer aerates that the documents constituting the CSA am the documents and forms that have been supplied to Customer by Cogent and that Customer has made no changes to them. Notes Company Name City of Santa Ana Billing Address 20 Civic Center Plaza Suite ( Floor M -12 City, State, Province Santa Ana, CA Postal Code 92701 Country USA Company Registr. Nr. Termination Tax / VAT ID Number Request for Consolidated billing (one account/ invoice for multiple ports In the same country) NIA -consolidated Inning requests must b mmewed and approved by Cogent. Billing Contact Name Telephone Cellphone Fax Small Sales Name Jameson O'Neill Account Phone (703) 375 -1235 Manager EmaII -- .,__- -- gents ioneill@Cpgantco.00m Sales sales @cogentco com Billing billing @cogentco,com Termination terms @cogentco.com (1) Order Form (2) Terms, as attached (Initialed by Customer) (For current customers, If Terms are not attached, the current Terms remain in force) (3) SLA ( Mtp:/ AA"c ogentcox om( fileslps _interneUSlA_on_Internotpd0 (4) Product Rider, as attached (signed by Customer) (5) Any other Rider or Addendum, as attached (signed by Customer) ATTEST: APPROVED AS TO DORM: MARIA D. HUIZAR, Clerk of Council JbftN M. FdR, Assistant City Attorney Signatures By signing below, Customer atfirms and acknowledges that It has read the entire CSA and agrees to be bound by the provisions thereof. For Customer For Cogent Communications, Inc. Signature Signature Printed Name David Cavazos Printed Name Title City Manager Tire Date Date CIA Layer 3 Order Poor V3 -t5 Cogent Communleallona CongdCntial Page 2l2 25H -4 Network Services Addendum North America (Vor. Oct. 04) Confidential cogent m Cogent Communications, Inc. 2004 NETWORI{ SERVICES ADDENDUM NORTI3 AMERICA This addendum (r>_I) amends the CSA entered into between Customer and COGENT for the Services specified therein. Unless otherwise defined herein, capitalized or defined tennis in the CSA have the same mcaning in tlts Addendum. In the event of a conflict between forms, the following will be the order of priori ty: First, the Order born for a particular Service; Second, this Addendun; Third, the Terns; Fourth, the SLA and Fifth, the applicable product Rider. With respect to the Service ordered under Order k1- 184184833, notwithstanding Section 12 of the Terms, at the end of the Initial Term, the Service ordered hereunder will renew on the same price, leans and conditions for successive month -to -month Renewal Temns unless and until terminated or amended as provided in the CSA. CUSTOMER: By: David Cavazos Title: City Manager Date: City of Santa Ana 072715 ATTEST: MARIA D. RUIZAR Clerk of Council Accepted and agreed to: COGENT COMMUNICATIONS, INC. By Title: Date; APPROVED AS TO FORM: ✓SY 4 V ' ` , j/f.�iEwe' J M. FUNK Assistant City Attorney Page I of I Cogent Celmlln iCu lOnS, Inc. 2450 N. St., N. W., Washington, D.C., 20037 201295.4200 vvvo w.c9,00ntco otU 25H -5 25H -6