HomeMy WebLinkAbout2020-037-04/21/2020-AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY, THE CITY OF LOVELAND, ANDPage 1 of 20
INTERGOVERNMENTAL AGREEMENT FOR
SHARED BROADBAND TECHNICAL AND NETWORK SUPPORT SERVICES
THIS INTERGOVERNMENTAL AGREEMENT FOR SHARED BROADBAND
TECHNICAL AND NETWORK SUPPORT SERVICES (“Agreement”) is made and entered into
this ____ day of _________, 2020, by and between the CITY OF FORT COLLINS, COLORADO,
a home-rule municipality (“Fort Collins”) and Loveland, Estes Park and those additional Colorado
governmental entities listed on Exhibit A (“Affiliates”) (collectively the “Parties”).
WHEREAS, prior to the date of this Agreement, voters of Fort Collins and the Affiliates,
respectively, approved legally required ballot measures at general elections, authorizing each entity
to acquire and operate independent broadband utility facilities and networks; and
WHEREAS, Fort Collins is a Colorado home-rule municipality which has undertaken the
establishment and operation of a municipal broadband utility; and
WHEREAS, each Affiliate is a Colorado governmental entity, as further described on
Exhibit A, which has undertaken the establishment and operation of a broadband utility; and
WHEREAS, as Colorado governmental entities, the Parties are authorized, pursuant to
C.R.S. § 29-1-203, to cooperate or contract with one another to acquire or provide any government
function, service, or facility lawfully authorized to each; and
WHEREAS, to provide reliable, competitive, and cost-effective broadband utility services,
the Parties desire to collaborate with neighboring governments and broadband enterprises, to
leverage resources and efficiencies, including existing fiber optic connections between the Parties,
for the benefit of their respective residents and ratepayers; and
WHEREAS, prior to the date of this Agreement, Fort Collins and several of the Affiliates
entered into an agreement regarding shared access to regional and national telecommunications
data facilities with sufficient capacities and speeds, to transport data between each city’s broadband
network and interstate and international telecommunications networks (“Shared Access IGA”); and
WHEREAS, in addition to the Shared Access IGA, the Parties desire to share access to
regional telecommunications technical and network support resources, with sufficient capacity and
skilled personnel, to resolve customer support issues on each entity’s broadband and
telecommunications networks, and to otherwise meet each entity’s commitments to its respective
customers; and
WHEREAS, Fort Collins designed and is staffing telecommunications technical support
call center data facilities, and the Parties have determined each will conserve resources by
temporarily sharing use of such resources, rather than each entity independently building and
staffing duplicative facilities; and
WHEREAS, in light of the current cost savings and potential for future coordination and
cost saving through this joint operational opportunity, the Parties wish to coordinate efforts to
Exhibit A
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establish and maintain sufficient telecommunications technical and network support facilities and
staff in accordance with the terms of this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the Parties agree as follows:
1. Definitions.
As used in this Agreement, the terms below shall have following meanings:
“Call Center” and “Network Operations Center” (“NOC”) is a business office designed to
handle a large volume of telephone calls, especially for taking orders and providing
computer technical support services, including Tier 1 services as described in Attachment
I, attached hereto.
“Customer Support Representative” (“CSR”) is a utility system professional delivering
non-technical customer service, enrollment, service connection/disconnection ordering,
monthly payment, and sales related services.
“Employment Action” includes hiring, firing, performance evaluations, pay rates and
benefits (including holidays and other time off), and disciplinary action.
“Engineering Services” includes system support services delivered through a network
engineer or other technology professional skilled in maintaining the connectivity of
networks in terms of data, voice, calls, videos and wireless network services, and
specifically including Tier 3 services as described in Attachment I, attached hereto.
“Enterprise Business” includes businesses that typically have unique architecture or service
level requirements that are negotiated with their provider. This may require non-standard
levels of services or support.
“Medium Business” includes businesses that typically utilize standardized equipment,
pricing plans that include more business-related services and products, and require a higher
level of technical support for their business needs.
“Network Engineer” is a technical support professional who focuses on the maintenance of
an existing network, whose services and training may extend from testing and
troubleshooting problems to regular maintenance, and who contributes high-level support
such as strategic planning of network upgrades and high-level network performance
analyses, including Tier 3 services as described in Attachment I, attached hereto.
“Network Support Services” includes system support services focused on the maintenance
of an existing corporate network, from testing and troubleshooting problems to regular
maintenance, specifically including Tier 2 support services as described in Attachment I,
attached hereto.
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“OSS/BSS” is an integrated computer network designed to deliver “operational” and
“billing” services, including enrollment, service connection/disconnection orders, and
monthly payment tracking.
“Residential Customers” includes non-commercial customers who obtain service at a
residential location.
“Small Business” includes businesses that typically utilize standardized equipment with
standardized pricing plans, and require basic technical support for their business needs.
“Technical and Network Support Services” includes Tier 1, Tier 2, and Tier 3 services, as
described in Attachment I, attached hereto.
“Technical and Network Support Costs” includes all costs paid to furnish and deliver
Technical and Network Support Services, as described in Attachment I, attached hereto.
“Technical Support Representative” (“TSR”) is a technology professional staffing the NOC
who is skilled in navigating and maintaining connectivity of network services delivering
Tier 1 technical support services.
2. Term.
a. Term of Agreement. The Term of the Agreement is from the date first written above
until ten years after Fort Collins begins delivery of regional Technical and Network
Support services or until this Agreement is terminated, as set forth in b. and c. below
(the “Term”).
b. Notice Prior to Expiration of Term. At least one hundred and eighty (180) days prior
to the expiration of this Agreement, Fort Collins’ Broadband Executive Director
and each Affiliate’s broadband service director, or designee, shall meet to discuss
potential extension and/or amendment of this Agreement and/or integration of
the separate Shared Access IGA into this Agreement. Nothing set forth in this
Section 2 shall be deemed to delay or otherwise extend the scheduled expiration
of the Term.
c. Termination; Removal. Any party may voluntarily terminate its participation and
obligations under this Agreement for convenience upon providing one hundred
eighty (180) day written notice to the other parties. Any party may be removed by
unanimous written agreement of the other parties upon: (a) unremedied breach of
any material term herein or in any attached document after ninety (90) days written
notice to breaching party or (b) the failure of the party’s broadband utility to function
as a going concern or operate in the ordinary course for more than sixty (60) days.
3. Fort Collins Call Center. The Parties shall design, construct, and operate the network
facilities set forth in Attachment I during the Term. Specifically, Fort Collins shall design,
construct, and staff Technical and Network support facilities as described in this Agreement,
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the costs for which are to be shared by the Parties according to Attachment II, attached
hereto and incorporated by this reference. The Technical and Network support facilities Fort
Collins shall build, lease or otherwise acquire in furtherance of this Agreement shall meet
the following minimum specifications:
a. Be of sufficient capacity and quality for the Parties to each provide service to their
broadband customers for the Term;
b. Provide sufficient expertise as to the configuration and practices of the Parties’
broadband networks to their broadband customers, as agreed upon by the
Parties.
c. Initial Technical and Network Support services provided through Fort Collins shall
include those set forth in Attachment I following functional components and
administrative specifications.
d. And as further described under “Services” and “Equipment” portions of
Attachment I, attached hereto and incorporated by this reference.
4. Payment for Technical and Network Support. Fort Collins shall directly pay for all
Technical and Network Support costs, subject to partial recovery of those costs from
Affiliates, as set forth below and further provided in Exhibit A, Attachments II and III,
attached hereto and incorporated by this reference.
a. During the Term, each Affiliate shall pay Fort Collins for Technical and
Network Support Costs in advance on a monthly basis, beginning the first full
month following Fort Collins’ commencement of regional Technical and
Network Support Services as described herein.
b. The Parties’ respective share of Technical and Network Support Costs shall be
determined as follows:
i. Years 1 through 3 of the Term, each Affiliate shall pay a pro-rata amount of
Technical and Network Support Costs based on the anticipated number of user
accounts on the Affiliate’s broadband network, relative to the total number of
user accounts with access to Technical and Network support facilities during the
period, as initially set forth in Exhibit A, Attachments II and III; and
ii. Years 4 through expiration of the Term, starting in the thirty-fifth month, between
November and December of each calendar year during the Term, the anticipated
number of user accounts on each party’s broadband network will be adjusted for
the next year. By November 1, each Affiliate shall submit to Fort Collins an
updated estimate of user accounts it will serve for the next year. Such estimate
may be refined until December 1, at which time each estimate shall be set and
used to schedule pro-rata payments due under this Section 4 during the next year.
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iii. The yearly cost sharing above is based on projections for the following year and
assumes the average support services per customer required for each party to be
roughly equal. These projections may turn out to be different than actuals and
business decisions or demographics may result in more or less time spent per
customer. Beginning in January of Year 5 (i.e. the forty-ninth month of the Term)
of this Agreement a true up process shall be performed yearly to ensure the
Parties equitably share costs:
1. By January 31, each Affiliate shall submit to Fort Collins the number of actual
user accounts served by the Affiliate’s broadband network during the prior
calendar year along with the percentage difference from the original
projection, as determined on December 31.
2. If an Affiliate’s actual number of user accounts for the period differs from the
projection used to calculate its pro-rata payments in the period by more than
10%, the Affiliate shall provide notice to Fort Collins of the over or
underpayment. The Parties will then engage in a review by February 15 and
proportionally adjust payments and credits due for Technical and Network
Support Services for the following three pro-rata monthly payments to correct
such over or underpayment, unless the Parties mutually agree to a different
reconciliation period.
5. Access to Technical and Network support services.
a. In each party’s sole discretion, each party may employ, contract or otherwise
acquire additional Technical and Network support resources for its own use or the
use of any other party with whom Fort Collins and/or any Affiliates wishes to
collaborate. However, each party’s financial liability under this Agreement
shall only extend to Technical and Network Support Costs as provided in Section
4.
b. The Parties agree to use good faith efforts to ensure their respective access to and
use of Technical and Network Support resources do not unreasonably interfere with
any other party’s reasonable access and use of such service.
c. Fort Collins agrees to treat the needs of all Parties, including itself, equally with
regard to responding to calls, alarms, network interruptions, and other service needs
contemplated by this Agreement. Priority shall be based on a “first come, first serve”
principle and based on the severity of the problem, with critical problems taking
precedence regardless of the origin. The process for escalating calls and determining
priority shall be outlined in a written policy and procedure document maintained by
Fort Collins and reviewed and approved quarterly for the first twelve months of the
term of this Agreement and at least annually thereafter by the Parties.
d. All Parties will have access to a method to monitor priority of issues being addressed
by Fort Collins.
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e. Fort Collins agrees to use good faith efforts to ensure minimal Service Level
standards (“SLA Terms”) are met as such SLA Terms are set forth in Attachment I
attached hereto and incorporated by this reference.
f. The Affiliates recognize their respective broadband network users will access the
Technical and Network Support Services through facilities and equipment owned
by Fort Collins, as the party with immediate obligation to construct and staff
regional Technical and Network Support facilities. The Affiliates also recognize
they shall not have direct control over such facilities or service calls received by
such facilities unless or until service calls are escalated to technical service
personnel directly employed by a party other than Fort Collins. Escalation shall
occur pursuant to administratively adopted protocols approved by respective
broadband service director for each party.
g. The Parties agree to maintain system versions in compliance with required vendor
support agreements, and to stay within two versions of the most current software
version of all supported software.
h. The Parties agree to keep and maintain their respective individual fiber networks in
good condition. Any physical fiber network issues are outside the scope of this
Agreement unless covered under mutual aid provisions.
6. Fort Collins Call Center direction.
a. Non-management Call Center personnel. TSRs, NOCs and Network Engineers, as
defined in Section 1, shall be employed under this Agreement.
b. Training and Communication to Affiliates. Fort Collins agrees to maintain adequate
training for all shared staff with regard to individual parties’ systems, customers,
and policies so that staff can adequately address problems in a reasonable period of
time. Fort Collins agrees that it will provide feedback to an Affiliate if the Affiliate’s
processes, programs, or services are found to be increasing call volumes or call times
so that the Affiliate can determine if changes need to be made or properly budget
for the additional resources being used.
c. Call Center Manager. The Fort Collins Call Center, through a Call Center manager
(“Call Center Manager”) employed by Fort Collins, shall coordinate and consult
with the respective Affiliates’ broadband directors or designees as needed to provide
Call Center Services for the Parties’ broadband systems.
i. Such directors or designees may directly request day-to-day work activities
of the Call Center Manager, as provided in administrative standards
developed by the Parties; however, the Fort Collins Broadband Executive
Director is solely authorized to supervise and take all employment actions
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related to the Call Center Manager in accordance with Fort Collins city
policies. The Fort Collins Broadband Executive Director, or designee, will
seek input from the Affiliates’ respective broadband directors, or designees,
who engage in day-to-day activities with the Call Center Manager; however,
the Fort Collins Broadband Executive Director has sole supervisory
authority and responsibility for the Call Center Manager.
ii. The Call Center Manager or designee may direct the day-to-day activities of
Call Center employees as necessary to provide Technical and Network
Support Services, including coordination with local technical and business
services personnel employed by each party, serving the local broadband
networks in those jurisdictions. However, each party shall be responsible and
solely authorized to take employment action related to employees of that
party which may also be recommended by the Call Center Manager. While
the Affiliates may seek input of the Call Center Manager, who may direct
the day-to-day activity of another party’s employee, each Affiliate has sole
supervisory authority and responsibility for its employees. The Affiliates
shall be entitled to provide formal feedback on an annual basis to Fort Collins
regarding the Call Center Manager's performance.
iii. The Parties acknowledge the Call Center Manager may make
recommendations on how the Parties can more efficiently utilize their
respective broadband system resources, including equipment, infrastructure
and employees. The final decision regarding any changes to any party’s
resources, including equipment, infrastructure and employees, belongs
solely to the party with ownership of such resources.
1. Call Center Manager Resources. The Call Center Manager may use
Fort Collins resources to provide recommendations that may impact
the Affiliates’ equipment, infrastructure and employee resources,
such as making recommended employee schedule and recommended
engineering priority changes.
2. Fort Collins will not be liable for any consequences resulting from
any Affiliate’s actions accepting such recommendations, except as
otherwise provided in this Agreement.
iv. Replacement of the Call Center Manager.
1. By Request of the Affiliate. Should any Affiliate be unsatisfied with
the performance of or desire replacement of the Call Center Manager.
The Affiliate shall notify Fort Collins in writing and the Parties shall
negotiate in good faith to reach agreement as to appropriate
corrective action. Fort Collins shall also be responsible for the
replacement of the Call Center Manager or appointment of a new or
interim Call Center Manager, as may be required by the Agreement
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or upon written agreement of the Parties.
2. By Fort Collins or By Reason of Unavailability. Should the Call
Center Manager be removed by Fort Collins for any reason or should
the Call Center Manager resign or otherwise be unavailable to
provide the Technical and Network Support Services, Fort Collins
agrees to provide a replacement Call Center Manager as soon as
practicable. Fort Collins agrees to provide Technical and Network
support to the Affiliates to maintain effective local broadband
network operations and the Parties shall only pay for costs incurred
by Fort Collins to maintain the effective Technical and Network
Support operations until a replacement Call Center Manager is found.
d. Overtime. The Parties agree none of their employees who may have authority to
direct the day-to-day operations of employees of another party hereto will require
such employees to work overtime, except in an emergency. However, the employing
party will have sole authority as to total hours their employees will work.
e. Communications and Dispute Resolution. Each party shall designate a
representative as a first point of contact for communications between the Parties
regarding the Call Center personnel and/or Technical and Network Support
Services. The Affiliates agree to provide regular communications and feedback to
Fort Collins regarding the Call Center personnel performance of the Technical and
Network Support Services. Should a dispute arise between the Parties, these
representatives shall negotiate in good faith to reach a resolution. If a resolution
cannot be reached, the issue shall be elevated to the responsible Director, or
designee, in the concerned governmental entity and the Fort Collins Broadband
Executive Director. If a resolution cannot be reached at this level, the issue shall be
elevated to the respective city managers/administrators.
7. Sharing Information Regarding Technical and Network support Services. In order to
ensure consistent and effective operation of each city’s broadband network, the Parties agree
to share with each other all useful information regarding the Technical and Network support
Services, as necessary and permissible in the discretion of Fort Collins’ Broadband
Executive Director and respective Affiliate broadband service directors.
Notwithstanding the above, the Parties agree to otherwise treat as confidential (a) all
information owned by and/or obtained from the other party, or that relates to the business
of the other party, or that is used by the other party in carrying on business, and (b) all
information that is proprietary to a third party (including the other city’s customers and
suppliers). The Parties shall not disclose such information to any person not having a
legitimate need-to-know and approved by the other party, nor use such information in any
form to obtain an economic or other benefit for itself, or any third party. If such information
is required by law, regulation or court order to be disclosed, the subject party’s disclosure
shall not be greater than that which is required, and in the event of such disclosure, the
disclosing city shall furnish a copy of this Agreement to anyone requiring such disclosure
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and promptly advise the other city in writing of each required disclosure.
8. Notices. Written notices required under this Agreement and all other correspondence
between the Parties shall be directed to the following and shall be deemed received
when hand-delivered or three (3) days after being sent by certified mail, return receipt
requested or as updated in Exhibit A:
If to Fort Collins: Colman Keane, Broadband Executive Director
Fort Collins Connexion
215 N. Mason Street
PO Box 580
Fort Collins, CO 80521
ckeane@fcgov.com
970-224-6001
With copies to: Fort Collins City Attorney’s Office
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80521
970-221-6520
If to Loveland: Brieana Reed-Harmel, Municipal Fiber Manager
City of Loveland, Water and Power
200 Wilson Avenue
Loveland, CO 80537
Brieana.Reed-Harmel@cityofloveland.org
970-962-3592
With copies to: Loveland City Attorney’s Office
Broadband Matters
500 East 3rd Street, Suite 330
Loveland, CO 80537
If to Estes Park: Estes Park, Utilities Director
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
With copies to: Town Attorney’s Office
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
9. Amendment
a. Except as provided below, approval of amendments to this Agreement will be
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managed according to the respective approval policies of each Party.
b. The original parties (Fort Collins, Loveland, and Estes Park) expressly agree
to allow mutual administrative approval of amendments at any time to the
participating Parties list and notice contacts in Exhibit A; the Service,
Equipment and Service Level descriptions in Attachment I; and the Staffing
Plan and Proportionate Cost tables in Attachment III. Any change to the Cost
Sharing formula in Attachment II or the addition of any other attachment or
exhibit to this Agreement shall require approval as set forth in subsection 9.a.
10. Mutual Aid
a. Extraordinary Events. The Parties agree in case of an extraordinary event, as
determined by the Fort Collins City Manager and the respective city
manager/administrator in one of the Affiliates, (the "Extraordinary Event"), a
party may request, and a responding party may provide, network support.
Extraordinary Events can include, but are not limited to emergencies, natural
disasters, special events, or any other event that may increase the demand of
broadband services.
b. Reimbursement of Extraordinary Events. With respect to each Extraordinary
Event, the requesting party agrees to provide appropriate reimbursement for
the responding party regarding all costs and expenses incurred by the
responding party in supporting the Extraordinary Event, unless otherwise
agreed in writing by each party, provided, however, that the party providing
network support for the Extraordinary Event maintains auditable records.
11. No Recruitment. During the Term and for six (6) months thereafter, without the prior
written consent of the other Party, no Party shall directly solicit or entice away (or
seek or attempt to entice away) from the employment of Fort Collins or any Affiliate
any person employed (or any person who has been so employed in the preceding six
(6) months) by another Party in the provision or receipt of any Tier One or Tier Two
services described in this Agreement. For the avoidance of doubt, this Section 11 shall
not apply to unsolicited responses by employees to general recruitment advertising.
12. General Terms
a. Subject to Appropriation; No Multiple Year Obligation. It is understood and
agreed by the Parties that any obligation of Fort Collins or any Affiliate
hereunder, whether direct or contingent, shall extend only to funds
appropriated by the Parties’ respective governing bodies and encumbered for
the purpose of this Agreement. The Parties do not by this Agreement,
irrevocably pledge present cash reserves for payments in future fiscal years.
Likewise, this Agreement shall not create a multiple-fiscal year direct or
indirect debt or financial obligation of either Fort Collins or any Affiliate.
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b. Good faith negotiate/mediate. In the event of any dispute arising out of or in
connection with performance under this Agreement, the Parties shall negotiate in
good faith. If such negotiations are not successful in resolving the dispute, the
dispute will be submitted to proceedings under the Colorado Mediators &
Arbitrators™ (COMA) Mediation Rules or other rules agreed to by the Parties.
c. Employee Status. Notwithstanding the managerial obligation described in Section 6
above, all employees of each governmental entity who perform any services in relation
to this Agreement shall remain the employees solely of the governmental entity
employing them to perform such services and not of any other party hereto. No party
shall obtain, by virtue of paying or being reimbursed for any personnel costs, any
direct control over the management, scheduling or facilities provide to staff at any
Technical and/or Network support facility operated by another party.
d. Governmental Immunity Act. No term or condition of this Agreement shall be
construed or interpreted as a waiver, by any party, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions of the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
e. Entire Agreement. This Agreement contains the entire agreement of the Parties
relating to the subject matter hereof and, except as provided herein, may not be
modified or amended except by written agreement of the Parties.
f. No Third Party Beneficiary. The Parties understand and expressly agree that
enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the Parties.
Nothing contained in this Agreement shall give or allow any such claim or
right of action by any third person. It is the express intention of the Parties that
any person other than the signatory hereto receiving benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
g. Severability. In the event a court of competent jurisdiction holds any provision
of this Agreement invalid or unenforceable, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
h. Headings. Paragraph headings used in this Agreement are for convenience of
reference and shall in no way control or affect the meaning or interpretation of
any provision of this Agreement.
i. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and venue shall be in the County of Larimer, State of
Colorado.
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j. Legal Constraints. The Parties recognize the legal constraints imposed upon them
by the constitutions, statutes, and regulations of the State of Colorado and of the
United States and imposed upon Fort Collins by its Charter and Municipal
Code, and, subject to such constraints, the Parties intend to carry out the terms
and conditions of this Agreement. Notwithstanding any other provision in this
Agreement to the contrary, in no event shall either of the parties hereto exercise
any power or take any action which shall be prohibited by applicable law.
k. Counterparts. This Agreement may be executed in separate counterparts, and the
counterparts taken together shall constitute the whole of this Agreement.
l. Electronic Signature. This Agreement may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
[Signature appear on the following page]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
City Council for CITY OF FORT COLLINS, COLORADO ATTEST:
By: By:
Mayor City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
CITY OF LOVELAND, COLORADO ATTEST:
By: By:
City Manager City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
TOWN OF ESTES PARK, COLORADO ATTEST:
By: By:
Mayor Town Clerk
APPROVED AS TO FORM:
By:
Town Attorney
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EXHIBIT A
Affiliates:
• CITY OF LOVELAND, COLORADO a home-rule municipality (“Loveland”) with principal
offices at 500 East 3rd Street Loveland, Colorado 80537
• TOWN OF ESTES PARK, COLORADO, a statutory municipality (“Estes Park”) with
principal offices at 170 MacGregor Ave., P.O. Box 1200, Estes Park 80517
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Attachment I
A. Services
A combination of TSRs and NOCs will support operations for all Parties 24 hours per day every day
during the Term of the Agreement. Support shall be provided based on the following schedule:
- Network Engineer and/or NOC staff will provide after-hours maintenance services from
Midnight to 6 am Sunday through Thursday.
- Network Engineering staff will provide support from 8 AM to 5 PM Monday through
Friday and shall be on-call, regardless of day and time, for emergencies.
The following support services shall be provided:
Technical Support Services (TIER 1):
o Assisting residential & small business customers with internet connectivity issues;
o Assisting residential & small business customers with managed wifi services;
o Assisting residential & small business customers with basic phone service issues;
o Assisting residential & small business customers with video service issues;
o Escalating unsolved issues to NOC and Engineering Groups;
o Referring customer service or sales related issues to CSRs or commercial sales;
o Creating dispatch jobs in the OSS/BSS system;
o Using and maintaining documentation & configuration in administrative systems.
Network Operations Services (TIER 2):
o Handling overflow issues from Technical Support Services;
o Monitoring network performance and availability;
o Supporting, managing, and performing network and software upgrades;
o Troubleshooting and addressing network performance issues;
o Assisting medium business and enterprise business customers with internet
connectivity issues;
o Assisting medium business and enterprise business customers with managed wifi
services on agreed platforms;
o Assisting medium business and enterprise business customers with phone service and
hosted pbx (private branch exchange) issues;
o Assisting medium business and enterprise business customers with video service
issues;
o Referring customer service or sales related issues back to CSRs or commercial sales;
o Creating dispatch jobs in the OSS/BSS system;
o Escalating unsolved issues to Engineering Services personnel;
o Using and maintaining documentation & configuration in administrative systems.
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Network Engineering Services:
o Assisting in the design and implementation of network architecture upgrades;
o Monitoring network performance and availability;
o Support, manage, and perform agreed upon network and software upgrades;
o Troubleshoot and address network performance issues;
o Referring customer service or sales related issues back to CSRs or commercial sales;
o Creating dispatch jobs in the OSS/BSS system;
o Escalating unsolved issues to Vendors;
o Use and maintain documentation & configuration in administrative systems.
B. Equipment
Fort Collins shall provide network operations and technical support services for all Parties 24 hours
per day every day during the Term of this Agreement for the equipment described below:
● Nokia EAS and associated equipment and databases;
● The Nokia 7750 DR front end IP unicast and multicast routing as well as subscriber
management functionality. The 7750 DR serves as the aggregation point for the access 7360
ISAM GPON OLT;
● The Access Network (AN) consisting of PON network, Layer 2 VLAN Network, based on
OLTs, ONTs, Switches, and Routers;
● Administrative ISP Services including managing DNS services, Web services, Cloud Based
eMail Services;
● The Internet connectivity provided by redundant ISP connections to the 7750 DR routers;
● Voice services provided by a Momentum/Alianza via connectivity to the 7750 DR routers;
● The MobiTV local channels and caches;
● MobiTV set top box device management systems;
● Emergency Manage System (EAS) system.
C. Service Level Standards
I. Fort Collins Responsibilities. As generally set forth in Sections 5 and 6 of the Agreement,
Fort Collins agrees to delivery to customers of all Parties the same quality of above-referenced
Network equipment, Technical Support Services, and call center management, as Fort Collins
provides for its own customers. These services include the following elements:
● Residential Customer Technical Support
● Account Maintenance and Billing Inquiry Support limited to outage status and the ability to
direct customers to CSR and online account access.
● Dispatch for field technicians
● Enter and Monitor Trouble Tickets for supported services and platforms into designated
program for each City.
● Trouble Ticket Escalation
● Business Customer Support
● Field Technician Support
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● Alarm Monitoring
● Day to Day Operational Support for the Network provided services
● Maintenance Window Support
II. Affiliate Requirements and Responsibilities. As generally set forth in Section 5 of the
Agreement, Affiliates agree to secure and maintain the following service elements:
● Residential and Business Customer Service Representative and Billing Services
● Billing and Provisioning Software and support of such software
● Electronic interfaces and systems for System Monitoring and Alarms, Trouble Tickets,
Dispatch System, Triple Play Network Element Management Systems, OSS/BSS and other
systems as agreed to.
● Current and up to date support agreements for all Equipment listed in Section I of this
Attachment.
● Adequately trained on-site staff to perform physical tasks in support of individual networks.
● Remote Support if available
● Budgeting to accommodate refurbishment and replacement of equipment in conjunction and
in coordination with the other Cities.
REVISED AS OF: ______________________________
Fort Collins Director: ______________________________
Loveland Director: ______________________________
Estes Park Utilities Director: ______________________________
Page 18 of 20
Attachment II - Cost Sharing
Yearly Cost Sharing
The cost sharing shall be determined by the proportional number of delivery points in relation to a
total of all delivery points from all Parties. The number of delivery points shall be calculated using
the number of optical network terminals (ONTs) or other service terminating devices projected to be
installed within the network of each party within the next twelve months. The proportional value
owed by each party shall be calculated yearly. Each party will provide a projected number of delivery
points for its network through December 31st of the following year by December 1st of the current
year. In addition, each party will provide a five year projection to assist in long term planning,
budgeting, and staffing. This will be updated annually with revised projections. Each party will be
responsible for a proportionate sum of the total based on this projection.
For example:
Party A - 12,000 Delivery points
Party B - 5,000 Delivery points
Party C - 15,000 Delivery points
Total number for all Parties: 32,000 Delivery Points
Annual cost sharing of $2,000,000 would be divided as follows:
Party A - 37.5% or $750,000 annually or $62,500 monthly
Party B - 15.6% or $312,000 annually or $26,000 monthly
Party C - 46.9% or $938,000 annually or $78,166.67 monthly
Page 19 of 20
Attachment III - Staffing Plan and Proportionate Costs
Table 1 - Quantity of Staff Needed
Quantity 2020 2021 2022 2023 2024
TSR 8 12 14 15
NOC 6 6 7 8
Engineering
Table 2 - Budgeted Costs for All Staff
Cost 2020 2021 2022 2023 2024
TSR $ 695,000 $ 1,117,550 $ 1,326,125 $ 1,456,059
NOC $ 558,000 $ 586,328 $ 704,570 $ 829,380
Engineering $ 126,000 $ 129,780 $ 133,673 $ 137,684
Total
Table 3 - Delivery Point Projections for each Party
Delivery
Points
2020
Projection
2021
Projection
2022
Projection
2023
Projection
2023 Actual
Fort Collins 18,048 18,048 18,048
Loveland 12,634 12,634 12,634
Estes Park 4,200 4,200 4,200
Table 4 - Percentage Allocation Per Party
Percentage 2020
Projection
2021
Projection
2022
Projection
2023
Projection
2023 Actual
Fort Collins 52% 52% 52%
Loveland 36% 36% 36%
Estes Park 12% 12% 12%
Page 20 of 20