Loading...
2008.06.10 CC Committee Meetings Agenda PacketAGENDA               City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds June 10, 2008 6:00 p.m.   The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1. Community/Development Services Committee Meeting Room:  Council Chambers   A. AM-1608 (10 Minutes) Discussion regarding underground parking garages and gates.   2.Finance Committee Meeting Room:  Jury Meeting Room   A. AM-1584 (5 Minutes) PUD boilerplate "Pole Attachment License Agreement for Municipal Entities."   B. AM-1605 (10 Minutes) Contracting with former employees.   C. AM-1606 (15 Minutes) Edmonds Fiber Optic Program.   D. AM-1607 (10 Minutes) Cable Franchise Fee Ordinance.   3.Public Safety Committee Police Training Room   A. AM-1609 (15 Minutes) Change handicap parking to 4 hour limit.   Adjourn   Packet Page 1 of 142 AM-1608 1.A. Parking Garages and Gates City Council Committee Meetings Date:06/10/2008 Submitted By:Duane Bowman, Development Services Time:10 Minutes Department:Development Services Type: Committee:Community/Development Services Information Subject Title Discussion regarding underground parking garages and gates. Recommendation from Mayor and Staff A code amendment to add code language to, at a minimum, require gates to require parking in garages in commercial zones be open during normal business hours. This issue should be forwarded to the Planning Board for review and recommendation. Previous Council Action Narrative A question has been raised regarding the circumstances where the City requires parking for a building within the commercial areas and gates are placed on entrances to parking garages. Presently, the Edmonds Community Development Code (ECDC) is silent on this issue. Examples the two new buildings on the northeast and southeast corners of 5th and Walnut. Inherently it would seem that required parking should be available during normal business hours. Gates on the required parking then forces parking out onto the street. The City should add code language to at a minimum require gates to be open during normal business hours. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 06/05/2008 02:46 PM APRV 2 Mayor Gary Haakenson 06/05/2008 04:55 PM APRV 3 Final Approval Linda Hynd 06/06/2008 08:15 AM APRV Form Started By: Duane Bowman  Started On: 06/05/2008 01:32 PM Final Approval Date: 06/06/2008 Packet Page 2 of 142 AM-1584 2.A. Pole Attachment License Agreement for Municipal Entities City Council Committee Meetings Date:06/10/2008 Submitted By:Carl Nelson, Administrative Services Time:5 Minutes Department:Administrative Services Type:Action Committee:Finance Information Subject Title PUD boilerplate "Pole Attachment License Agreement for Municipal Entities." Recommendation from Mayor and Staff Enter into an agreement with PUD to use space on their poles to hang fiber optic cable. Previous Council Action Narrative Attached you will find the proposed agreement. To place fiber optic cable between buildings or data cabinets often requires using the communication space on PUD poles to hang the fiber. The PUD has a standard agreement it uses to allow for the proper engineering, placement, maintenance, and repair of fiber on PUD poles by municipalities. The current planned fiber runs for Stevens Hospital, Edmonds Community College, and Edmonds School District all anticipate the use of PUD poles. Future Public Works, Public Safety, and Information Services fiber optic runs are anticipated use PUD poles. The current "contact" fees vary from $6.83 (for jointly owned pole) to $10.69 (for a PUD only pole) per pole per year. The City attorney has reviewed the agreement and "The agreement is approved as to form (just don't particularly like the form)." Fiscal Impact Attachments Link: PUD Pole Attachment Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 05/23/2008 07:41 AM APRV 2 City Clerk Linda Hynd 06/02/2008 03:39 PM APRV 3 Mayor Gary Haakenson 06/02/2008 03:59 PM APRV Packet Page 3 of 142 4 Final Approval Linda Hynd 06/05/2008 09:15 AM APRV Form Started By: Carl Nelson  Started On: 05/22/2008 07:20 PM Final Approval Date: 06/05/2008 Packet Page 4 of 142 Packet Page 5 of 142 Packet Page 6 of 142 Packet Page 7 of 142 Packet Page 8 of 142 Packet Page 9 of 142 Packet Page 10 of 142 Packet Page 11 of 142 Packet Page 12 of 142 Packet Page 13 of 142 Packet Page 14 of 142 Packet Page 15 of 142 Packet Page 16 of 142 Packet Page 17 of 142 Packet Page 18 of 142 Packet Page 19 of 142 Packet Page 20 of 142 Packet Page 21 of 142 Packet Page 22 of 142 Packet Page 23 of 142 Packet Page 24 of 142 Packet Page 25 of 142 Packet Page 26 of 142 Packet Page 27 of 142 Packet Page 28 of 142 Packet Page 29 of 142 Packet Page 30 of 142 Packet Page 31 of 142 Packet Page 32 of 142 Packet Page 33 of 142 Packet Page 34 of 142 Packet Page 35 of 142 Packet Page 36 of 142 Packet Page 37 of 142 Packet Page 38 of 142 Packet Page 39 of 142 Packet Page 40 of 142 AM-1605 2.B. Contracting with Former Employees City Council Committee Meetings Date:06/10/2008 Submitted By:Dan Clements, Administrative Services Time:10 Minutes Department:Administrative Services Type:Action Committee:Finance Information Subject Title Contracting with former employees. Recommendation from Mayor and Staff Approve attached contracting ordinance. Previous Council Action April 8, 2008: Finance Committee requested draft ordinance; May 13, 2008: Finance Committee reviews several municipal ordinances, recommends direction Narrative Due to potential conflicts of interest involved with awarding contracts to firms who employ former City employees, staff were requested to prepare an ordinance establishing guidelines for this type of activity. The attached ordinance is similar to Snohomish County's, but contains an "exception" clause modeled after Spokane. Fiscal Impact Attachments Link: Contracting Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 06/05/2008 09:14 AM APRV 2 Mayor Gary Haakenson 06/05/2008 12:40 PM APRV 3 Final Approval Linda Hynd 06/05/2008 02:46 PM APRV Form Started By: Dan Clements  Started On: 06/05/2008 08:04 AM Final Approval Date: 06/05/2008 Packet Page 41 of 142 {BFP696127.DOC;1/00006.900000/} - 1 - 0006.90000 BFP: 5/21/08 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the city has contracted for professional services with firms that have hired former city employees; and WHEREAS, Chapters 42.20 and 42.23 RCW, which regulates conflict of interest in municipal contracting, does not specifically address dealings with former employees; and WHEREAS, the City Council finds to be in the best interest of the city to adopt regulations establishing criteria for contracting with former employees or firms that hire former employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 3.70 ECC, Conflict of Interest., is hereby adopted in Title 3 ECC, Revenue and Finance., to read as follows: Chapter 3.70 CONFLICT OF INTEREST 3.70.000 Definitions. 3.70.010 Restrictions on future employment of city employees. Packet Page 42 of 142 {BFP696127.DOC;1/00006.900000/} - 2 - 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. 3.70.030 Exemption. 3.70.040 Penalties. 3.70.000 Definitions. The definition of words used in Chapter 3.70 ECC shall be consistent with the definitions, context and usage of the terms in Chapter 42.23 RCW, and their interpretation by Washington Courts. 3.70.010 Restrictions on future employment of city employees. 1. No former city official, officer or employee may, within a period of one year from the date of termination or city employment, accept employment or receive compensation from an employer if: (a) The former city official, officer or employee, during the two years immediately preceding termination of city employment, was engaged in the negotiation or administration of one or more contracts on behalf of the city with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; and (b) Such a contract or contracts have a total value of more than ten thousand dollars; and (c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This session shall not be construed to prohibit a city elected or appointed official or a city employee from accepting employment with a city employee organization. 2. No former city official, officer or employee may, within a period of one year following the termination of city employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by Packet Page 43 of 142 {BFP696127.DOC;1/00006.900000/} - 3 - specific legislative or executive action in which the former city official, officer or employee participated. 3. No former city official, officer or employee may, within a period of one year following the termination of city employment, represent any person before any city board, body, agency, department, committee, examiner, adjustor, or commission regarding a specific project the former official or employee worked on, and was in a position to make discretionary decisions or recommendations, during his/her term of service or employment unless: (a) The former city official, officer or employee receives no compensation for representing that person; or (b) The specific project was a legislative issue; or (c) The matter involved in the representation by the former city official, officer or employee directly affects properties owned by the former city official, officer or employee. 4. Any elected or appointed official having the power to perform an official act or action shall, for a period of one year after the termination of his or her employment or term of service, refrain from lobbying the city department, agency, elected body, commission, or board on which they last served unless: (a) The former city elected or appointed official is receiving no compensation for such lobbying; or (b) The matter being lobbied directly affects properties owned by the former elected or appointed official. 3.70.020 Disclosure of Privileged, Confidential, or Proprietary Information. No former city official, officer or employee shall disclose or use any privileged, confidential, or proprietary information gained because of his or her service or employment with the city. 3.70.030 Exemption. 1. The prohibitions of ECC 3.10.010 notwithstanding, the city may contract with a former city official, officer or employee for expert or consultant services within one year of the latter’s Packet Page 44 of 142 {BFP696127.DOC;1/00006.900000/} - 4 - leaving city service upon determination and approval by resolution from the City Council that: (a) It is important for the city to obtain the services in the contract, and time is of the essence; (b) The former city official, officer or employee is best qualified to perform the services, and contracting with another would result in undue burden on the city; and (c) The interests of the city, including but not limited to legal, financial and operations, will not be undermined as a result thereof. 2. The prohibitions of ECC 3.10.010 shall not apply to a former official, officer or employee acting on behalf of a governmental agency, if the City Council determines that the service to the agency is not adverse to the interest of the city. 3. Nothing in this ordinance shall prohibit an official elected to serve a governmental entity other than the City of Edmonds from carrying out his or her official duties for that government entity. 3.70.040 Penalties. Any person violating any provision of ECC 3.70.010 and ECC 3.70.020 shall be guilty of a gross misdemeanor and subject to punishment in accordance with ECC 5.50.020. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum, and shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Page 45 of 142 {BFP696127.DOC;1/00006.900000/} - 5 - MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 46 of 142 {BFP696127.DOC;1/00006.900000/} - 6 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the __ __ day of _____ ______, 20 08, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3 ECC, REVENUE AND FINANCE, TO ADD A NEW CHAPTER 3.70 ECC, CONFLICT OF INTEREST, REGARDING CONTRACTS WITH FORMER EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2008. CITY CLERK, SANDRA S. CHASE Packet Page 47 of 142 AM-1606 2.C. Edmonds Fiber Optic Program City Council Committee Meetings Date:06/10/2008 Submitted By:Dan Clements, Administrative Services Time:15 Minutes Department:Administrative Services Type:Action Committee:Finance Information Subject Title Edmonds Fiber Optic Program. Recommendation from Mayor and Staff Recommend that the City continue expanding its fiber system with respect to internal and interjurisdictional uses, and not proceed with fiber to the premesis at this time. Previous Council Action The City has previously authorized creation of a fiber network , expansion of the service to Netriver, Edmonds School District, Edmonds Community College, and Stevens Hospital. Additionally, Council approved preparation of a feasibility study for fiber to the premesis. At their May 5 meeting the Community Technology Advisory Committee approved forwarding this draft report to the Finance Committee for their recommendations. Narrative At their May 5 meeting the Community Technology Advisory Committee approved forwarding this draft report to the Finance Committee for their recommendations. Fiscal Impact Attachments Link: Fiber_Recommendations Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 06/05/2008 12:27 PM APRV 2 Mayor Gary Haakenson 06/05/2008 12:40 PM APRV 3 Final Approval Linda Hynd 06/05/2008 02:46 PM APRV Form Started By: Dan Clements  Started On: 06/05/2008 10:46 AM Final Approval Date: 06/05/2008 Packet Page 48 of 142 City of Edmonds BROADBAND ISSUE PAPER Administrative Services Department May 12, 2008 C:\Documents and Settings\Dan\Desktop\Fiber Recommendations\Fiber Optic Network Recommendations.doc FIBER OPTIC NETWORK RECOMMENDATIONS For several years the City of Edmonds has been working on establishing a fiber optic network whose primary use to date has been to reduce municipal telecommunications costs while increas- ing functionality. The City has also examined two other uses for this network: providing high speed broadband access to other local governmental and not-for-profit entities, and expanding the network to provide fiber to the premises services for residents and businesses. This background paper will present staff recommendations in the three business areas of internal, intergovernmental, and general public access. Background From a broad overview perspective, our recommendation is to continue aggressively moving ahead in the development of the Edmond’s fiber optic network for internal and intergovernmen- tal uses. Internal utilization will continue to reduce telecommunications costs, as well as labor, vehicle, and fuel expenses. The City has currently agreed to contract terms and conditions to provide broadband services to the Edmonds School District, Edmonds Community College, and Stevens Hospital. While the school district contract is currently on hold due to current budget discussion, we see a substantial market for broadband services to local governments, especially if the City can be designated a State Intergovernmental Service Provider. With respect to fiber to the premises for City residential and commercial use, our analysis con- cludes that, at present, simple economics do not justify a full deployment. The Fiber to the Prem- ises Business Plan presented in Appendix 4 estimates that a 38% market penetration rate would be needed to finance a full $26.4 million City wide deployment. However, as will be discussed shortly, it may make financial sense to offer surplus broadband capacities to various content pro- viders and users on a selected basis. Additionally, if the plan being presented is adopted, two of the four City locations identified for major fiber optic switching locations (East-Public Works Shop and North- Seaview Water Res- ervoir) will be up and operational. If and when finances and policy justify a full fiber to the premises deployment, much of the “backbone” needed will already be in place, with only the West and South locations needing to be established (see Appendix 3: Water Propagation Study, and Appendix 4: Fiber to the Premises Business Plan). Recommendations Specific recommendations associated with moving these proposals forward include: Packet Page 49 of 142 City of Edmonds Fiber Optic Network Page 2 1.) Issuance of one or more Water/Sewer Revenue Bonds in a total amount of $4.0 (?) mil- lion for the acquisition of a “smart” water meters and related fiber runs, towers, and re- lated system expenses; 2.) Establishment if municipal wifi zones along the smart meter fiber runs to support public works and public safety “in the Field” initiatives; 3.) Implementation of a video arraignment system that will reduce the need for police offi- cers to travel to Everett for arraignments; 4.) Adoption of a policy requiring installation of fiber optic conduit when streets are either reconstructed, or dug-up for water/sewer/storm replacement, with the goal of having un- derground fiber conduit to all neighborhoods within a ten year period; and 5.) Establishment of a group of southwest county educational, governmental, and public health entities interested in forming a fiber consortium in this area. Fiber Network Justification Why should the City of Edmonds continue to develop and expand its fiber optic network? We believe the justification for expanding the network fall into three areas: financial, environmental, and policy. Finances Looking at finances, currently 37% of the City’s meters are over 20 years old, and a full 66% are over ten years old. In order to reduce operating costs, staff is rec- ommending replacing these manually read meters with “smart” meter technology that can be read at a central location. To read meters centrally, several two reception points are needed to be located in various parts of the City. These reception points would be connected to the central office via an expansion of the City’s fiber optic backbone and fiber ring. The total cost of meter replacement is estimated at just under $2.0 million. The gross added costs of moving to smart meters is approximately $2.0 million. Figure 1 below summarizes these costs. FIGURE 1: SMART METERING COSTS ITEM ESTIMATED COST Replacement Water Meters $ 1,776,299 Meter Radios 1,254,875 Base Station 180,700 Sales Tax 285,857 Tower and Base 50,000 Fiber Run 100,000 Servers & Switching Equipment 75,000 WiFi Communications 300,000 Grand Total $4,022,731 This cost summary assumes that all City water meters are replaced as part of this proposal. The rational is that crews can visit a neighborhood, replace all meters, and “touch” an installation at one time. For some newer meters, it may make sense to simply install meter reading radios, as opposed to replacing the entire meter. This would reduce the above costs. Packet Page 50 of 142 City of Edmonds Fiber Optic Network Page 3 These gross costs are off-set by three utility and one public safety factor in a nine to ten year amortization period. These off-sets are described below. 1.) Annual reductions in personnel, vehicle, and equipment costs of approxi- mately $92,600 per year in current dollars if all meters are replaced; 2.) Increased water system revenue due to more accurate meters. This recovery is estimated at 1% of metered revenue, or $37,000 in 2007 dollars on metered sales of $3,735,600; and 3.) By allowing public works crews to remain in the field longer by using a mu- nicipal wifi system to log into central City servers for information on “as- built” plans, utility locations, storm and sewer video, and building permit in- formation, additional personnel, vehicle, and fuel reductions would occur. At this juncture no value has been assigned these productivity increases. 4.) By moving to video arraignment for our Court, police prisoner transport time, vehicle costs, and fuel expenses are reduced by $47,700 annually the first year of operation. These figures are summarized in Figure 2 below. The Water Utility would need to be reimbursed for non-utility related broadband uses such as prisoner transport. FIGURE 2: SMART METERING SAVINGS AMORTIZATION Year Water Costs1 Water Revenue2 PD Transport Savings1 Cumulative Savings 1 92,600 37,000 47,700 177,300 2 97,230 37,370 50,085 361,985 3 102,092 37,744 52,589 554,409 4 107,196 38,121 55,219 754,945 5 112,556 38,502 57,980 963,983 6 118,184 38,887 60,879 1,181,933 7 124,093 39,276 63,923 1,409,225 8 130,297 39,669 67,119 1,646,310 9 136,812 40,066 70,475 1,893,662 10 143,653 40,466 73,998 2,151,780 Notes: 1.) Assumes 5% annual cost escalator 2.) Assumes 1% annual cost escalator. Environment The second rationale for expanding the City’s broadband network are environ- mentally related. By using electronic systems for such tasks as reading water me- ters, and conducting in custody hearings via video conferencing, the City is able to reduce vehicle use and fuel consumption. The two uses that have been examined for cost reductions, smart metering and video arraignments, would result in annual mileage savings of approximately 17,000 miles, and result in a carbon footprint reduction of 8.34 tons (see Appen- dix 5). Packet Page 51 of 142 City of Edmonds Fiber Optic Network Page 4 As we are able to further quantify the advantages of public works and utility crews being able to utilitize governmental wifi networks to remain in the field, rather than return to central offices for information, these cost savings and carbon reductions will grow considerably. Policy The final justification for expanding the City’s broadband network relates to a policy on open infrastructure. Our vision is that, in an ideal world, there should be a single municipal fiber network open to all qualified content providers. This has several advantages, the most notable being roads and family front yards are dug up once for many content providers, rather than many times for several content providers. This approach is less expensive for those providing digital television, internet, and phone services, but it is also not a business model they have chosen to embrace at this time. The City has spoken with both Verizon and Comcast about the possibility of pro- viding services over an open network, and neither local provider has expressed an interest in doing so. Verizon is in the process of completing its FIOS fiber to the premises program in southwest Snohomish County, and have chosen the proprie- tary network approach. While the Verizon approach will provide greater band- width and speed that is currently available in our area, it no where near matches band width and speed available in parts of Europe and Asia. At some point Comcast and other providers will need to up-grade their network connections to fiber speeds in order to remain competitive. It seems prudent pol- icy to try and avoid a duplication of dug up streets and impaired views resulting from the recent overhead stringing of fiber cable and splice boxes on overhead lines a second or third time. Attachments & References Attached are five appendices that were used as the foundation for the recommendations con- tained in this paper. These attachments will provide much in-depth background relating to the recommendations discussed earlier. These appendices are: Appendix 1: Flexnet Meter and Radio Cost Estimate Appendix 2: Underground Fiber Specifications Appendix 3: Water Meter Radio Propagation Study Appendix 4: Fiber to the Premises Business Plan Appendix 5: Cost and Carbon Off-Set Calculations In addition to these five appendices, Edmonds used a great deal of methodology and information contained in an “Automatic Water Meter Reading Study” prepared by Grant and Osborne Engi- neering for the City of Marysville. This study has not been included in this report, but is avail- able from the City of Edmonds or Marysville. Questions or Comments Packet Page 52 of 142 City of Edmonds Fiber Optic Network Page 5 We hope the information and material contained in this report will be of assistance in under- standing what we feel are the next steps for expansion of the City’s broadband network. Staff look forward to responding to any questions, comments, or concerns you may have. Packet Page 53 of 142 City of Edmonds Fiber Optic Network Page 6 APPENDIX 1: FLEXNET METER & RADIO ESTIMATE Packet Page 54 of 142 City of Edmonds Fiber Optic Network Page 7 APPENDIX 2: UNDERGROUND FIBER SPECIFICATIONS Recommend installation of (4) conduit in 1.25” or 2” diameter (4 x 1.25” or 4 x 2”). Conduit shall be SDR-11 HDPE , schedule 80 PVC or equivalent, meeting ASTM-3035 specifications. Conduit shall be connected using compression couplers or heat fusion. Recommend installation of 10-12AWG solid trace or locate wire in trench. At no time shall the pipe be deformed to make any bend. The minimum radius for any bend or sweep in the conduit shall be thirty-six inches (36"). Packet Page 55 of 142 City of Edmonds Fiber Optic Network Page 8 APPENDIX 3: WATER METER PROPAGATION STUDY RESULTS Packet Page 56 of 142 City of Edmonds Fiber Optic Network Page 9 Packet Page 57 of 142 City of Edmonds Fiber Optic Network Page 10 Packet Page 58 of 142 City of Edmonds Fiber Optic Network Page 11 APPENDIX 4: FIBER TO PREMISES BUSINESS PLAN Broadband Business Plan for CCCiiitttyyy ooofff EEEdddmmmooonnndddsss Feburary 2008 1805 Shea Center Dr Suite 240 Highlands Ranch, CO 80129-2251 603.888.5100 fax 603.888.5101 www.packetfront.com Packet Page 59 of 142 City of Edmonds Fiber Optic Network Page 12 City of Edmonds Broadband Business Plan Table of Contents Introduction and Scope.............................................................................................................................. 13 Benefits of Municipal Broadband—Looking Beyond the Triple Play ..................................................... 13 Scope of this Document........................................................................................................................... 15 Network Options ........................................................................................................................................ 17 Designing the Network ............................................................................................................................ 17 Building the Network............................................................................................................................... 20 Operating the Network ............................................................................................................................ 21 Operational Plan ........................................................................................................................................ 25 Who should run the network? City? Partners? Vendors?....................................................................... 25 How should the services be marketed?.................................................................................................... 27 How will customer service be provided?................................................................................................. 28 How should billing be done?................................................................................................................... 29 What types of service level agreements need to be developed?............................................................... 29 Organizational Plan ................................................................................................................................... 30 What type of organization or "entity" should build/own/operate the network?...................................... 30 What does the staffing model of the entity look like at the City level, regional level and who is responsible for recruiting, training and supervision of the staff?........................................................... 30 How would the staff levels be expected to grow?.................................................................................... 31 Financing..................................................................................................................................................... 32 Who owns the assets once constructed?.................................................................................................. 32 What are the costs of financing and associated risks of the various financing options? ........................ 32 What are various cash flow alternatives in a best case, worst case, as well as a thoughtful likely case scenario? ................................................................................................................................................. 32 Services........................................................................................................................................................ 34 UTOPIA................................................................................................................................................... 34 Västerås, Sweden..................................................................................................................................... 34 Nuenen, the Netherlands.......................................................................................................................... 35 Network Finances....................................................................................................................................... 36 Capital Expenses..................................................................................................................................... 36 Operating Expenses................................................................................................................................. 46 Conclusion and Recommendations........................................................................................................... 57 Packet Page 60 of 142 City of Edmonds Fiber Optic Network Page 13 IInnttrroodduuccttiioonn aanndd SSccooppee • Benefits of Municipal Broadband—Looking Beyond the Triple Play The core competency of communities is in building infrastructure for common use—such as roads, water lines, and in some cases electric utilities. In many states and cities, telecommunica- tions is now considered the “fifth utility,” because cities can implement such infrastructure ubiq- uitously, often better than any private entity. In addition, there are many community-wide bene- fits of a municipal network, including better connections for utility monitoring, government ser- vices, education, healthcare, library services, and social networking and communication. Cities are also much better equipped to understand and accept long-term financing scenarios, be- cause the primary motivator for cities is to serve the public good rather than to appease stock- holders. These facts place municipalities in an ideal position to deploy fiber-to-the-premise pro- jects, and makes municipal ownership of these networks easier to support. Conversely, it would be inadvisable for any community to hand over ownership of its network to any private firm, be- cause it would then lose the ability to make decisions regarding the deployment, use, or operation of that network. While a community can and should own its FTTH network, not many cities are experts in broad- band telecommunications or in operating networks. That’s where a third party operator can be employed to provide critical expertise. The success of the network in terms of subscriber take rates, service provider management, and construction management is reliant upon the experience of the project management team. A third party team that is experienced in the deployment of FTTH networks can help ensure the network’s success. There are other management decisions to be made when building a municipally-owned fiber net- work. One of the most important is whether the network will be open or closed in terms of how services are offered. An open network is open for more than one service provider to use to offer service. A closed network is contractually exclusive to just one service provider. In order to meet community goals of competition and to preclude it from competing directly with the private sector, our recommendation would be that the City of Edmonds build an open access network. Building an open network doesn’t happen as a simple coincidence of an overall build plan, but should be used as one of the core principles of the design, ownership, build and on- going operations of the network. Characteristics of a truly open fiber network include: • Offers multiple services from multiple service providers—and can also be available for new advanced services to run on the City-owned network, including community de- veloped services, healthcare and educational services. • Operates without prejudice—so that any qualified service provider can serve users on the network without financial or operational barriers • Provides carrier-class reliability—demonstrable 99.99% uptime • Built on widespread industry standards—Ethernet is a standard that has been widely adopted by both network applications and network devices, worldwide • Uses easily scalable technology—so that an end user can easily make the jump from 100 Mbps to 1 Gbps bandwidth without affecting the other users on the network; open net- Packet Page 61 of 142 City of Edmonds Fiber Optic Network Page 14 works will often use specialized hardware and software to make self-provisioning of ser- vices possible, while supporting the service needs of service providers as well • Provides an environment of bandwidth abundance—network electronics should never be in the business of managing scarcity, but rather in providing optimum capacity to all end users When a city or municipality deploys an open access broadband network built on these principles, the following benefits can be achieved: • Supports economic growth—the vast capacity of an active fiber network will enable businesses, educational facilities and health care facilities to improve their own service offerings and internal operations. The availability of a world-class network will also be very inviting for new businesses to locate to your community. • Supports government applications—the ubiquitous deployment of an open network provides a ready means to provide automated meter reading and automated meter intelli- gence, as well as traffic monitoring, emergency response and law enforcement applica- tions. • Reduces the city’s carbon emissions—the availability of an advanced broadband net- work has the potential to greatly encourage less driving through more innovative network services, including— o More telecommuting. Employers and their staff have a greater incentive to work from home when they can rely on a network infrastructure with enough capacity to meet their needs. Individuals and entities that transmit large amounts of data will benefit even more. o More teleconferencing. Instead of driving or flying to attend a meeting, one could start a teleconferencing session. An active Ethernet fiber network provides enough bandwidth to support very high quality visual communications applica- tions by enabling high capacity and symmetrical upload and download speeds. o More innovation leading to better services. Superior bandwidth will encourage the growth, proliferation and better consumer use of e-services, including e- commerce, entertainment, automated meter reading, e-government, etc. This would lead to less driving and therefore fewer carbon emissions. • Supports improved quality of life—high resolution visual communications, lower cost true broadband connectivity, distance education, telemedicine, telecommuting (which is made more viable with better-than-T1 capacity to each home), local community video channels, home security, smart home technology and other services are direct results of the availability of a true broadband open fiber network. • Encourages innovation—large businesses, small businesses, educational entities, health care institutions and residents alike benefit from the minimum 100 Mbps dedicated sym- metrical capacity offered by an active fiber network. Businesses and “power users” can subscribe to a 1 Gbps service, increasing the size of the ‘pipe’ they can access 24x7, without affecting other users on the network. No longer limited by bandwidth scarcity, this high bandwidth capacity can unleash creative forces to provide new and exciting ser- vices and applications on the network. Consumers continue to increase the amount of bandwidth they need and use, and will immediately see the benefits of the truly ‘fat pipe’. • Encourages competition—the ability for multiple service providers to offer services on the network encourages competition on price, service availability, and support. This is good for residents and businesses, as it provides them with more choices and the ability to change providers if they wish. Packet Page 62 of 142 City of Edmonds Fiber Optic Network Page 15 • Scope of this Document As part of its due diligence in regard to its conceived municipal broadband project, the City of Edmonds contracted with DynamicCity (now PacketFront) to develop a Business Plan which would cover several key areas of the project. The Network Finances section of this document represents a financial framework with multiple options that can be used by the City and the network stakeholders to understand the effects that different choices will have on the financial outcome of the network. Once these choices are made by the City (for example, the funding level contributed by the other stakeholders) PacketFront can help Edmonds progress the business model and create a financing structure. This Business Plan is designed to provide the following information: • A review of the different options for the design, build and operation (DBO) of a munici- pal network • A recommended plan of operations o Who should run the network? City? Partners? Vendors? o How should the services be marketed? o How will customer service be provided? o How should billing be done? o What types of service level agreements need to be developed? • Organization Plan o What type of organization or "entity" should build/own/operate the network? Public Corporation; City Utility; Public Private Partnership; Private Industry? o What does the staffing model of the entity look like at the City level, regional level and who is responsible for recruiting, training and supervision of the staff? o How would the staff levels be expected to grow? • Financing o How should the network be financed? o Who owns the assets once constructed? o What are the costs of financing and associated risks of the various financing op- tions? o What are various cash flow alternatives in a best case (rapid construction, enthu- siastic consumer conversion rate), worst case (delayed construction, tepid con- version rate), as well as a thoughtful likely case scenario? • Services o What services should be provided on the network? o POTS, Internet access, video entertainment (broadcast & on-demand), mobile Internet service (Wi-Fi), two-way interactive video (distance learning, remote healthcare). o What assumptions are built into the financial model regarding customer demand and conversion rates for these services? o What are the one-time costs to set-up and deliver the service? o How much bandwidth does the service consume? As the technology continues to evolve, what impact would the likely changes have on available bandwidth? o What are the assumed gross margins of the possible services? o What can the service provider expect to charge for the service? o What would the network entity need to charge the service providers to cover the costs of providing the particular service? Packet Page 63 of 142 City of Edmonds Fiber Optic Network Page 16 o Based on the above, what are the various ROI assumptions for each service based on various conversion rates? Packet Page 64 of 142 City of Edmonds Fiber Optic Network Page 17 NNeettwwoorrkk OOppttiioonnss • Designing the Network As provided in the technological analysis submitted to the City previously, we believe that the best solution for Edmonds’ purposes would lie in an open access, active Ethernet fiber network. Any discussion of technological choices in networking needs to be anchored in the stated goals of the network: 1. Generate replacement revenues for municipal government. 2. Create cost savings for residents, businesses, and municipal government. 3. Create a framework for competitive communications service providers to provide more relevant service offerings and better customer service than is currently available today, or will be available in five years. 4. Create a communications infrastructure that will attract for revenue-enhancing economic development. 5. Create an open access platform capable of accommodating significant growth and inno- vative communication services that will enhance the Edmonds civic experience. To support these goals, the following decision factors should be used to help determine the cor- rect network topology for Edmonds: • Capital and Operational Expenses The upfront cost to build, and the long-term cost to operate will influence the financial outcome of the network and its ability to generate replacement revenue for the city. • Global Standards Open access platforms require compliance with common standards to support multiple service providers. • Bandwidth Capacity The current and future need for bandwidth and advanced services for an increasing num- ber of subscribers must be anticipated in the original design of the network. • Scalability The network should be easily expandable with little to no downtime and for the lowest possible cost. • Carrier Class Reliability A network built for advanced services and multiple service providers must adhere to the highest standards of reliability. To summarize our main findings in regards to the Active Ethernet vs. GPON analysis: Capital and Operational Expenses Packet Page 65 of 142 City of Edmonds Fiber Optic Network Page 18 • The cost of the fiber plant is relatively comparable between active and passive designs. The cost of construction management and contractors are far more significant in the total cost of the plant than the active/passive decision. • The active electronics are less expensive than passive electronics by about $100 per sub- scriber. • The engineering of an active network is less complex than a GPON. Global Standards • The Active Ethernet solution is based on a standard that has been stable for decades with multiple deployments and enjoys a global market to support future cost reduction. • Global and multi-vendor interoperability is immediate and continual for native Ethernet solution. • The current GPON standard has only been in use for a short period of time and there have been multiple standards within that time period. • It is likely that the current GPON standard will also be improved, making the current so- lutions out of date and potentially unavailable. Bandwidth Capacity • The active solution delivers almost three times the bandwidth capacity to a given area for a lower cost than a PON. • The active solution allows the network to provide Gbps services to individual subscrib- ers, increasing the ability to service high-end businesses and key end-users without im- pacting the surrounding users. • The ability to attract service providers is dependent on the network’s ability to offer the provider access to a high bandwidth and a lower cost. An active network provides more bandwidth at a lower cost that is more scalable. Scalability • Scaling bandwidth for all users is less complicated and dramatically less expensive in the active environment than the PON. For example, reducing the split count on the PON re- quires the purchase of additional expensive electronics. • GPON networks require downtime to upgrade. Carrier Class Reliability • Because the distribution layer is closer to the subscriber, an active network is more reli- able than a passive network with respect to cable cuts by approximately 10 times. • In a PON design, the failure group size in the event of a cable cut is typically several times larger than an active network. We have completed some preliminary design work for the Edmonds network for the purposes of estimating the construction costs for building. As the network plans proceed, more detailed engi- neering work will be necessary in order to design the exact construction specifications for the fiber plant, location of the cabinets, etc. We anticipate that Edmonds would use its prescribed procurement process to issue an RFP for network engineering services for this purpose. It may be possible to use a local firm for this work, if a qualified local firm exists; this would keep the reve- nue from the project in the city or surrounding area. Packet Page 66 of 142 City of Edmonds Fiber Optic Network Page 19 The City of Edmonds network as designed by the PacketFront GIS team. Packet Page 67 of 142 City of Edmonds Fiber Optic Network Page 20 • Building the Network Many contractors are experienced with building FTTH networks. A private firm may be con- tracted to assist in this procurement process to help assess the proposals and the vendors’ suitabil- ity in regards to the overall project. Selecting the right construction firm can have an enormous impact on the overall project—both in the quality of the work completed and the reliability of that work, as well as the financial out- come of the network. Bids solicited from construction firms should include reference sites as well as anticipated build- ing timelines for sample footprints as well as for the network as a whole. There are many elements in managing a network construction project; here are a few of the tasks that should be completed by your construction manager. Your construction manager can be a qualified local staff member or a contracted third party. Construction Tasks – Implementation 1. Deliver project data to local ‘one call’ service (Blue Stakes, USA, etc.) 2. Oversee the procurement of the field engineering contractors. Identify experienced candi- dates and initiate and manage bidding processes. 3. Field Engineering Management—contract with outside plant engineering subcontractors to take the GIS line work done by PacketFront and engineer the construction plan in detail. a. Identify and secure rights of way b. Identify infrastructure running lines c. Design fiber optic splice matrices d. Design aerial pole attachment details e. Generate and submit pole attachment requests (pole permits) f. Provide to the owner and to the construction company/contractor the actual construc- tion prints for building 4. Procurement of, and contract negotiations with, outside plant contractors a. Excavation crews b. Buried/underground crews c. Aerial/overhead crews d. Electrical crews e. Structural crews 5. Provide construction standards to outside construction contractors 6. Host pre-construction meetings with the network owner, governing agencies (city/state/federal), all construction crews 7. Obtain necessary permits for construction. 8. Construction Inspection a. Ensure job site safety b. Build community support and management c. Act as public interface regarding construction process Packet Page 68 of 142 City of Edmonds Fiber Optic Network Page 21 d. Provide as-built documentation to network operator to update the infrastructure data- base daily e. Use inspection reports (as-built data) to reconcile invoicing from contractors 9. Fiber splicing and testing a. Supervise the testing of each fiber and span to ensure that it complies with network standards b. Review and accept/reject fiber optic testing data as provided by contractors 10. Quality assurance and control a. Production tracking—document the progress of each construction crew on a daily ba- sis b. Incident management—manage and resolve issues such as foreign utility damage, property damage, etc. that may arise during the course of construction 11. Billing support a. Validate contractor invoices on behalf of network owner, based on as-built data from field inspectors 12. Final project inspection a. Examine the entire network holistically by involved field governing agencies, the net- work owner and the construction management team b. Verify that all installations are complete, documented accurately and all work areas have been cleaned and restored Construction Management – Operations 1. Change control and management a. Manage and monitor installed infrastructure b. Identify and manage network elements as needed due to ongoing changes in the field (road widening, pole changes, moving aerial to buried, etc.) 2. Network Expansion a. Follow all the above steps for additional communities or footprints added to the origi- nal network. 3. Manage engineering and construction of large scale residential, commercial and business in- stallations. • Operating the Network While Edmonds can and should own its network, we recommend that a third party network opera- tions firm be contracted to manage the operations of the network. A third party network opera- tions firm will lend crucial expertise to the day to day operation of Edmonds network, helping to ensure its success. Some of the tasks required for network operations include: Service provider integration, interconnection, and management 1. Service Provider Recruitment a. Target, recruit and develop prospective service providers, and enhance or increase re- tail services of existing service providers. Packet Page 69 of 142 City of Edmonds Fiber Optic Network Page 22 b. Enter into discussions with and negotiate service provider contracts on behalf of the network owner. 2. Service Provider Management a. Work collaboratively with the network owner to develop and implement a service pro- vider strategy that creates value for the network owner. b. Provide day-to-day management of service provider relationships and agreements and for supporting the network owner’s service providers. c. Monitor and report on the performance of the service providers against their contract deliverables. 3. Service Provider Integration a. Facilitate and monitor the physical and logical network interconnection of service pro- viders to the network owner. Design, implement and monitor such interconnect point(s) and provision virtual connections within the network in response to order ful- fillment requests. b. Provide necessary services to connect new service providers on the network. 4. Wholesale Services Pricing a. Develop, recommend adoption of, and maintain pricing schema for wholesale services. 5. Service Provider Billing a. Calculate applicable charges for each service provider and generate and send invoices of such charges to service providers on behalf of the network owner. b. Respond to and resolve billing and payment inquiries from service providers. Select and manage sub-contractors 1. Administer contracts and manage relationships with network subcontractors on behalf of, and in conjunction with, the network owner. 2. Monitor and report on subcontractor performance against the performance metrics found in their contracts. Work order fulfillment 1. Receive and validate works orders from service providers for retail services for adding, modi- fying, or changing services for existing subscribers. 2. Receive and validate work orders for the report and maintenance of the network. 3. Allocate the work generated by work orders to the contractors for fulfillment. 4. Oversee work performed by subcontractors. 5. Ensure and verify billing to service providers. 6. Review and approve billing from contractors to network owner. Fault & performance monitoring 1. Maintain EMS (element management system) to isolate, identify and resolve network alarms. Packet Page 70 of 142 City of Edmonds Fiber Optic Network Page 23 2. Provide support desk for service providers for tier 2 & 3 issues. 3. Monitor and report on SLA performance. 4. Monitor network utilization. Network element repair & maintenance 1. Manage equipment warranties and current maintenance contracts. 2. Repair / replace core distribution switches. 3. Repair damaged outside plant as necessary (accidental fiber cuts, damaged cabinets or hubs). 4. Provide mobile generator support in the case of power outages. 3. Install necessary firmware and software updates/upgrades. 4. Manage contractors for other repairs. 5. Verify contractor billing. 6. Maintain documentation on network configurations. 7. Act in the capacity of technology advisor. 8. Utilize lab to test and validate new firmware/software. Capacity planning and network engineering 1. Continuously monitor performance, utilization and capacity of the network’s physical and logical network inventory. 2. Maintain a testing facility. 3. Test and certify the compatibility of firmware and software maintenance updates prior to de- ploying them to the network. 4. Create and maintain documentation of the physical and logical topology and configuration of the network. 5. Act as a technology advisor; provide background and insight into changing technologies that could affect or benefit the network owner. 6. Analyze and recommend upgrades and changes to the network where reasonable, including recommendations for additional physical and logical network inventory and capacity. Procurement & inventory management 1. Track physical and logical inventory of network elements and resources. Packet Page 71 of 142 City of Edmonds Fiber Optic Network Page 24 Policy development and administration 1. Administer network technology and business policies for the network: a. Network security b. New service introduction c. Addition of service providers d. Escalation procedures e. Wholesale pricing 2. Assist network owner is reviewing and revising such policies to reflect changes based on in- dustry and economic trends, technology evolution, the acquisition of new products, services and the like. 3. Define and recommend operational policies applicable to the network, including a. Network addressing b. Schema c. Quality of service parameters d. Network resource allocation schema e. Network resource naming conventions f. Approved product and services models Packet Page 72 of 142 City of Edmonds Fiber Optic Network Page 25 OOppeerraattiioonnaall PPllaann • Who should run the network? City? Partners? Vendors? We can answer this question in part by defining what sorts of firms should not be enlisted to run the City’s network. Once the characteristics and principles of an open network are understood, issues regarding own- ership and operations of that network become clear. A service provider or a construction firm cannot build and provide network services on its own, if the network is to meet the criteria for openness: • Carrier-class reliability • Uses widespread industry standards • Uses easily scalable technology • Provides an environment of bandwidth abundance • Operates without prejudice A service provider is in the business of providing services on a network. If such a firm builds and operates a network, the service provider can and will build the network in such a way that makes it very difficult—if not impossible—for other service providers to compete with them on the net- work they built and operate—regardless of the city’s wishes. The network owner/operator is em- powered to make operational decisions on the network, as it is their own bottom line that the ser- vice provider needs to manage. On a network it owns, a service provider can and will set up tech- nological or procedural road blocks for other service providers in order to protect their source of revenue—the service retail fees. A construction firm can be contracted to build the network, but a construction firm’s expertise isn’t in designing, operating, or supporting a world-class fiber network. A bid from such firms should be considered when the time is right to hire contractors to build the network, but such a firm is not typically qualified to operate the network if the City wishes to implement a world- class network infrastructure. While service providers are necessary for network services, revenue and healthy competition, and construction firms are needed to build the network, neither should be in a position to own or op- erate the City’s network, if the City truly wishes the network to adhere to the principles of open- ness on its network. In order to help foster healthy competition and to ensure that the network is operated efficiently and expertly, we highly recommend that the City utilize an experienced network operations firm that is not in a position to collect direct revenue from the network. The City may also choose to operate this network itself using qualified staff. Some of the major facets of network operations include: • Network design and planning • Service provider recruitment, selection, ongoing management and billing • Customer acquisition and marketing • Network monitoring • Policy development and management • Construction management • Finance Packet Page 73 of 142 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 2 6 In t h i s o p e r a t i o n a l m o d e l : • Th e C i t y / C o m m u n i t y f i n a n c e s a n d o w n s t h e p h y s i c a l n e t w o r k i n f r as t r u c t u r e – a n d o f f e r s w h o l e s a l e t r a n s p o r t s e r v i c e s t o t h e r e t a i l service pr o v i d e r ( s ) • Se r v i c e p r o v i d e r s b r i n g c o n t e n t / a p p l i c a ti o n s a n d d e v e l o p r e l a t i o n s h i ps w i t h t h e r e t a i l s u b s c r i b e r s ( r e s i d e n t i a l a n d b u s i n e s s ) • Th e N e t w o r k O p e r a t i o n s F i r m m a n a g e s t h e d e s i g n , d e p l o y m e n t an d o n g o i n g o p e r a t i o n o f t h e w h o l e s a l e i n f r a s t r u c t u r e f o r t h e n e t w o r k ow n e r , a n d m a n a g e s r e l a t i o n s h i p s w i t h s e r vi c e p r o v i d e r s a n d c o n s t r u c t i o n c o n t r a c t o r s TV & HD T V Ph o n e Te l e m e d i c i n e Ed u c a t i o n Te l e c o n f e r e n c - in g Mu l t i p l e S e r - vi c e s a n d P r o- Su b - Wh o l e - sa l e Ci t y O w n e d N e t - wo r k I n f r a s t r u c - Ne t w o r k O p - er a t i o n s F i r m Ne t w o r k Au t o m a t i o n an d O p e r a - ti Se r v i c e P r o v i d e r B i l l - in g Si P i d Ti e r 2 a n d 3 T e c h Su p p o r t Mk t i S t Pa c k e t Pa g e 74 of 14 2 City of Edmonds Fiber Optic Network Page 27 • How should the services be marketed? The success of the network is reliant upon sufficient take rates to make the network self- sustain- ing over time. It has been our experience that service providers typically do not market their ser- vices to their best advantage; they are not as motivated to do so as the network owner, because they don’t undertake the same financial risks as the network owner. This is a good reason for the network owner—Edmonds—to market and brand its network sepa- rately from the service providers, to create a brand awareness for the network itself. There are several good examples of this currently, including the municipal network in Vasteras, Sweden. The MalarNet City network in Vasteras has a distinct identity, including a user self-service portal that links the user to community resources, service providers, local medical resources, gaming, and social networking applications. Users on the MalarNet City network can click a link that takes them directly to a listing of all the available services and providers on the network, including user ratings for those services, price structures, etc. Packet Page 75 of 142 City of Edmonds Fiber Optic Network Page 28 This approach to community network marketing makes it easier for consumers to immediately understand the benefits of an open access network, because the competition between service pro- viders is healthy and extremely evident. In short, we recommend a combined approach to marketing; service providers can and should market their own services to network customers, but the network itself should also be marketed separately. It is for this reason that marketing expenses have been included in the operational costs of the network, as shown in the Services and Network Finances sections of this document. • How will customer service be provided? Tier 1 customer service—that is, customer service to the end users—should be performed by the service provider(s) on the network. This can also be one of the competitive and differentiating factors among service providers on the network; good service will reduce churn on the network; bad service will increase it. Customer service metrics should also be included as part of the ser- vice level agreement (SLA) with the network’s service providers in order to ensure that only qualified, functioning service providers operate on the network. Consumers don’t always make the distinction between the service provider and the network, and when a service provider under- performs, it can reflect poorly on the network in the minds of the users. Tiers 2 and 3 customer service should be performed through the network operations firm. This would primarily be a resource for the service providers as they troubleshoot consumer issues. The network operations firm ultimately chosen by Edmonds should be able to demonstrate ex- perience and expertise in providing Tier 2 and 3 network support. Packet Page 76 of 142 City of Edmonds Fiber Optic Network Page 29 • How should billing be done? Typically, billing of the consumers should be responsibility of the service provider(s) on the net- work; this allows the service providers to maintain a direct link to its own customers and to allow them to create and manage their own business practices. Inserting the network owner into the end user billing process would be cumbersome and would create an unnecessary filter between the service provider and their customers. Billing the service providers would be the responsibility of Edmonds through its network opera- tions firm. Part of the responsibility of the network operations firm would be to track service pro- vider usage and bill accordingly on behalf of the City. • What types of service level agreements need to be developed? Essentially, there are two categories of Service Level Agreements (SLAs) that need to be devel- oped. One outlines the responsibilities of the Network Owner/Operator to the Service Provider, and the other outlines the responsibilities of the Service Provider to the Network Owner/Operator. The intent is to structure and implement the SLAs in such a way that creates a well defined framework for the two parties to operator under, and not necessarily a penalty book for collecting fines when problems arise. In Appendix A, we have included sample SLAs which map out the specific terms of these agreements. Packet Page 77 of 142 City of Edmonds Fiber Optic Network Page 30 OOrrggaanniizzaattiioonnaall PPllaann • What type of organization or "entity" should build/own/operate the network? This is based primarily on the goals, resources, and risk level the City is comfortable with – and the additional resources and skills that may be available through the private sector. Simply put, there is not one size that fits all. However, one core principle that we do believe strongly in is the creation of a Public/Private Partnership (PPP). The overall success of a community broadband effort will improve by including the various skills and resources from the private sector, and by incorporating a model that shares risk across multiple parties. We advise against a business model where the City is the sole party responsible for – and at risk for – all of the aspects of building, operating, and maintaining the network. That being said, a PPP can be created through two basic structures. In one model, the public and private sector entities share overall ownership of the network, and together comprise the decision making body for all business issues, policy creation, day-to-day operations, network construction, writing of commercial contracts, and so on. The other PPP model is one that is structured purely through commercial contracts and there is no shared ownership. This creates clear separation of power for all decisions that impact network ownership, writing policies, and other various busi- ness decisions. Based on our discussions with the City of Edmonds, we feel that the most appropriate model is one where the network ownership is held solely by the City, through the creation of a special use entity or enterprise fund, and private sector partners are engaged through commercial contracts to provide services to, or purchase services from the network. In this model, an efficient board level structure is created, comprised of municipal representatives who make the final decisions on the overall community broadband plan, business model, messaging, implementation plan, and finance structure. Private sector partners are engaged through commercial contracts for such arrangements as pro- viding services on the network, network operations and maintenance agreements, market- ing/advertising efforts, and providing an additional capital source and revenue stream for the city. However, the private sector would not fill any seats on the municipal telecom board of directors. This keeps a clear separation of power between the public and private sector, while still benefit- ing from a public/private partnership model that leverages the strengths of both entities – and shares risk across multiple parties. PacketFront, in partnership with our municipal telecom counsel, is qualified to provide the legal expertise to help guide our clients through the organization and governance processes, make spe- cific recommendations on what the most appropriate structure would be, and draft the legal documents to create the operating entities and commercial agreements. • What does the staffing model of the entity look like at the City level, regional level and who is responsible for recruiting, training and su- pervision of the staff? With the aforementioned model in mind, the broadband entity at the City level would be staffed primarily by a board of directors, of approximately 4 to 8 members. This staff would have exper- Packet Page 78 of 142 City of Edmonds Fiber Optic Network Page 31 tise in areas such as City Administration and Planning, Finance, Legal, Infrastructure and Com- munications, and Economic Development. Furthermore, this staff would serve as a technical steering committee for decisions that impact infrastructure design and implementation – and manage the private sector partners through commercial agreements for such services as network operations and maintenance, triple-play applications, and finance/lending. If there are additional municipal bodies that would benefit the community broadband initiative, they can be organized on a regional level through Inter-Governmental Agreements (IGAs). • How would the staff levels be expected to grow? Whether the City chooses to operate and maintain the network themselves, or contract with a pri- vate sector partner to operate it on their behalf, we see moderate to no growth of the staff levels. This reasoning is based on one of the unique aspects of the PacketFront FTTH solution, which is a set of advanced software applications that automate the business processes for managing the network and delivering services. Therefore, if the City chooses to operate the network them- selves, there would be little to no staff level changes as the network grows in scale. If the City decides to outsource the operational responsibilities to a private sector partner, then there would be no staff changes over time, as this would be the responsibility of the party operating the net- work on behalf of the City. Packet Page 79 of 142 City of Edmonds Fiber Optic Network Page 32 FFiinnaanncciinngg • Who owns the assets once constructed? In the organization model recommended previously, the assets would be owned by the City. • What are the costs of financing and associated risks of the various financing options? The two main municipal financing options are bonding and leasing. Both rates are primarily set by market conditions, transaction size, and credit rating. Municipal bonds traditionally have a slightly lower cost of capital, higher legal fees, and a higher level of risk as the bonds are typi- cally backed by the full faith and credit of the municipality, and in some cases, require a tax pledge. Municipal leasing has a slightly higher cost of capital, lower fees, less complexity and time intensive, and a lower level of risk, as these programs typically include a non-appropriation clause in the event that monies are not allocated for the lease payments. In both financing options, the City owns the assets. The recommendation on which financing approach is a better fit (bond- ing vs. leasing) will be determined by understanding the City’s credit rating, lending require- ments, and risk appetite. In support of the City’s financing activities, PacketFront works with a broad array of financial partners who provide these types of lending programs, and can offer its services to conduct a capital raise. • What are various cash flow alternatives in a best case, worst case, as well as a thoughtful likely case scenario? As part of the financial planning steps, PacketFront will work with the City on determining what the various cash flow projections would look like, under best case, worst case, and likely case scenarios – and collectively make a decision on which model the City is comfortable planning for. All of those variables were not forecasted in this document, only the likely cash flow case. We would propose to hold that exercise in a workshop environment. In the event that there is a financing need to cover operational losses or debt services, these funds can be capitalized in both financing structures mentioned above. What follows are some of the risk categories for a munici- pal network, including increased capital costs and lower than anticipated revenue. Risk: Higher than anticipated capital costs Possible reasons for higher capital costs include difficult construction conditions, less-than- anticipated aerial plant, and higher overall footage than estimated. Possible Mitigation Strategies: • Increase bond size • Issue additional bond(s) • Identify source of contingency funds Risk: Lower than anticipated take rate Packet Page 80 of 142 City of Edmonds Fiber Optic Network Page 33 Possible reasons for lower than anticipated take rates include incumbent competition and service provider issues (poor marketing, poor customer support, etc.). Possible Mitigation Strategies: • Increase marketing expenditures • Identify additional provider(s) • Increase bond size Risk: Lower than anticipated Average Revenue Per User (ARPU) Possible reasons for lower than anticipated ARPU includes price competition, provider-related circumstances, substitution and innovation (such as Skype and Vonage being used in place of a voice product on the network). Possible Mitigation Strategies: • Improve bundling incentives and cross-selling • Identify new products, services, and revenue streams • Increase/change prices • Increase business marketing & sales Packet Page 81 of 142 City of Edmonds Fiber Optic Network Page 34 SSeerrvviicceess An open access, active Ethernet fiber network is capable of bandwidth capacity that is superior to any other network infrastructure currently available. As such, it will accommodate all of the ser- vices mentioned by Edmonds: telephone service, Internet access, video entertainment (broadcast & on-demand), mobile Internet service (Wi-Fi), two way interactive video (distance learning, re- mote healthcare). Wi-Fi service has not been modeled into these design-build-operate scenarios, but could be done upon request. However, a fiber backbone installed by Edmonds would support the addition of Wi-Fi services. We believe it is somewhat preliminary to engage in discussions with specific service providers at this juncture, before the network has been approved or funded, but there are several qualified ser- vice providers who may be interested in providing services on an Edmonds network. Edmonds’ projected subscriber counts would likely draw at least one triple-play provider to its network, and 1 or 2 smaller providers. An Edmonds network also has the potential to draw the interest of lo- cally-created or managed niche providers, such as gaming services, social network services, co- location services, etc. In order to demonstrate the possibilities regarding services on a municipally-owned open access network, following are a few examples of services available on similar networks. • UTOPIA The Utah Telecommunication Open Infrastructure Agency (UTOPIA) is a consortium of Utah cities engaged in deploying and operating a fiber optic network to every business and household in its member communities. Recognizing the need to provide their residents with superior com- munications technology infrastructure—and the reality that current service providers in the mar- ketplace were not delivering first-tier services—the communities banded together to create a world-class, 100% fiber optic network for member communities. The ultra-broadband UTOPIA Community MetroNet is open to multiple service providers to offer innovative and exciting ser- vices to citizens in the UTOPIA cities. Four service providers currently serve subscribers on the UTOPIA network • 1 Triple Play provider • 2 Voice and Internet providers • 1 Internet provider (soon also to be adding voice services) Three of the service providers also provide business-class services. • Västerås, Sweden Mälarenergi Stadsnät's business model is based on a system whereby the network owner and the service providers share the revenue generated by the network, with the service providers offering their services direct to the users instead of running their own broadband connections to the cus- tomers they want. The service providers pay for gaining access to customers who are already connected to the network. Packet Page 82 of 142 City of Edmonds Fiber Optic Network Page 35 The users connect to the system via a normal data socket, then buy the services they want directly from the relevant providers, thus gaining access to Internet, email, music, films, etc. The model has been well received by many service providers, including major firms such as Tele2 and Tis- cali. Västerås' community network has 29 service providers offering more than 100 unique services. These services are suited to different categories of user, such as landlords, companies or house- holds, and include voice, video, data, alarms, surveillance, support and operation, training, gam- ing etc. As an open network, all those who so desire can also offer a service on the network, in which case they sign a contract with Mälarenergi to become a service provider. Because of the popularity of the network in the community, approximately 70% of all network communication is local and does not go out via the Internet. It is much faster to transfer a file be- tween two connections in the community network than to send it over the Internet, and the capac- ity thus saved can be used for much more bandwidth hungry traffic, such as video-on-demand, IP telephony, TV or radio, which are transmitted with much poorer quality on the Internet. Users who wish to use the Internet also benefit from being connected to the community network since the network is connected to the Internet via the Internet service providers that offer their services on it. The Västerås community network offers connections at speeds no less than 10 Mbps, and has the capacity to offer 100 Mbps and 1 Gbps. • Nuenen, the Netherlands The city of Nuenen in the Netherlands has become the epicentre of some very exciting innovation in the telecommunications industry, and PacketFront’s technology is making it all possible. A Dutch cooperative, Ons Net (Our Network) has organized Nuenen’s roughly 8,000 households, offices, schools, and shops into a purchasing cooperative with enough power to demand state-of- the-art communications services. A very high level of consumer commitment has guaranteed a critical mass of customers and project financing. Volker Stevin Telecom recognized this opportunity and stepped in to build and operate a network providing access to triple-play services: TV/video, telephony, and Internet. As a method for quick growth, this network offered free voice service for one year and reached 90% penetration, and largely kept that penetration rate once the promotion period was over. Volker Stevin Telecom has chosen to remain strictly an access provider, hosting the conduit in Nuenen for a variety of service providers to compete for customers. Via the start-up user interface on the network a variety of service providers are presented to Nuenen residents. Volker Stevin Telecom and Ons Net believe that more flexibility in the business model leads to more choice, higher quality services, and lower prices to consumers. Packet Page 83 of 142 City of Edmonds Fiber Optic Network Page 36 NNeettwwoorrkk FFiinnaanncceess This section seeks to provide information regarding capital expenses, operating expenses, and the take rates necessary to produce a cash positive network over time. • Capital Expenses 19,00018,988156 174 170 296 180158 166 169 17,519 Total 9090 Mobile home 2,3172,31720+ units 1,4071,407 10 to 19 units 1,9081049269153686977901,1865 to 9 units 6,550 829410010153907783 or 4 units 390221266663502 units 6266261-Unit Attached 12,450 11,4214672991219180747310,7651-Unit Detached ModeledTotal20072006200520042003200220012000Census 19,00018,988156 174 170 296 180158 166 169 17,519 Total 9090 Mobile home 2,3172,31720+ units 1,4071,407 10 to 19 units 1,9081049269153686977901,1865 to 9 units 6,550 829410010153907783 or 4 units 390221266663502 units 6266261-Unit Attached 12,450 11,4214672991219180747310,7651-Unit Detached ModeledTotal20072006200520042003200220012000Census MDU Single Family Avg of 168 new homes/year Figure 1 — Residential unit counts were estimated using 2000 Census data com- bined with new housing building permit data. In order to estimate capital expenses, one needs to determine how many total units are planned to be connected to the network. For the purposes of this business plan and based on feedback from Edmonds, we have designed this business plan as a complete city build out. In order to determine how many units there were to be connected, we started with the 2000 cen- sus data, which projected 17,500 units broken down by unit size. To that number we added new home construction permitting data up through mid-summer in 2007. Combining the census data with the additional new home permitting data since that time, we arrived at roughly 19,000 units. We further broke that number down into two sub-categories: single family units, of which there were 12,450 homes; and multi-dwelling units (MDUs), of which there were 6,550. Typically, ARPU in MDUs is lower by 25-30%. However, we modeled the same amount on capi- tal costs to get to the MDUs because there is often a need to bore underneath asphalt, so the fiber drop will be more expensive than a single family residence. However, the same fiber drop would be able to connect multiple units, so we modeled it relatively consistently with the single family unit. There could also be some savings regarding the electronics in the MDUs. Packet Page 84 of 142 City of Edmonds Fiber Optic Network Page 37 5602,722Total Ignored2250+ Ignored5100 to 250 3350 to 99 5525 to 49 17410 to 24 560 2985 to 9 Residential1,0832 to 4 Ignored1,0721 Count# of Employees 5602,722Total Ignored2250+ Ignored5100 to 250 3350 to 99 5525 to 49 17410 to 24 560 2985 to 9 Residential1,0832 to 4 Ignored1,0721 Count# of Employees Side and hobby businesses that would never contract for services independently from the home. Small businesses that possibly are home based but could have commercial presence. Take residential products Businesses with commercial presence likely to take different class of service from residential products. Large businesses with enterprise needs. Assumed to remain with current incumbent provider. Figure 2 — Business unit counts are derived from Dunn & Bradstreet data, but only the medium-sized businesses have been counted as business units. This figure represents a summary of the range of businesses in Edmonds. According to Dunn & Bradstreet, there are approximately 1,000 businesses registered in Edmonds that have only one employee. We have ignored those businesses for the purposes of this business plan; we assumed that those single-employee businesses by and large consist of residents who have a business li- cense for convenience and/or those who run a business out of their home. For the most part, these types of business have no commercial presence (office space, etc.) separate from their homes. These types of businesses would mostly be taking residential services, not business services. As we examined the group of businesses with between 2 and 4 employees, we understood that some of these businesses may actually have an office or place of business outside of the resi- dence—but again, most of these are more likely home-based. For the purposes of this business plan, we included these into the residential numbers under the assumption that they would also take the residential suite of products. There is also a chance that their place of work will be the same as their place of residence, and so will not be taking services separately from their resi- dence. For the purposes of the Edmonds broadband network, the most vital part of he business commu- nity are those businesses with between 5 and 99 employees, of which there are approximately 560. These businesses generally have an actual commercial presence. These businesses will also subscribe to various levels of services, including Internet, and depending on the nature of the business they may subscribe to a voice and video product as well. For the businesses between 100 and 250 employees, and 250+; we assumed that they are already well served by the incumbents, and they would not be likely to initially take service from provid- ers on the Edmonds network. If any of these businesses do switch to the Edmonds network, it would most likely be in 2-3 years, when their current contracts with the incumbents come up for renewal. Some of these businesses could also take service on the Edmonds network as a backup to their current communications services. Packet Page 85 of 142 City of Edmonds Fiber Optic Network Page 38 CAPEX/UnitTotal Capital 19,560Units Passed $ 906.25$ 17,726,208Plant 19.12373,970Electronics $ 925.37$ 18,100,178Total Fixed $ 279.23$ 2,579,825Electronics $3,080.20 $ 1,121.10 219.51 243.82 378.53 9,239Subscribers (47% penetration) $ 10,357,215Total Variable $ 28,457,993Total CAPEX 3,497,250Drops 2,253,670CPE 2,028,070IP Set tops CAPEX/UnitTotal Capital 19,560Units Passed $ 906.25$ 17,726,208Plant 19.12373,970Electronics $ 925.37$ 18,100,178Total Fixed $ 279.23$ 2,579,825Electronics $3,080.20 $ 1,121.10 219.51 243.82 378.53 9,239Subscribers (47% penetration) $ 10,357,215Total Variable $ 28,457,993Total CAPEX 3,497,250Drops 2,253,670CPE 2,028,070IP Set tops Capital Expenses % of Total CAPEX Plant 62% Electronics 11% Drops 12% CPE 8% Set tops 7% Variable capital 37% Fixed capital 63% Source: PacketFront Figure 3 — Total capital required for the project is ~$28M, of which 64% is fixed plant regardless of the number of subscribers. The plant can be built in phases according to demand to allow for some variability. The approximately 19,000 residential units, plus the 1,000 very small businesses counted in the residential numbers, in addition to the 560 mid-size businesses equals 19,560 potentially servable units in Edmonds. With this number in mind, we estimate that the total capital expenditure required for the project is $28.4 million, or approximately $3080 per unit at 47% penetration This includes $925.37 per home passed (that is, the cost to get the fiber to the ‘curb’), plus $1,121 to connect each home that subscribes to service on the network. The 47% estimated penetration rate equals approximately 9,239 subscribers. If you divide $28.4 million by 9,239, this equals approximately $3,080 per user to build the network. A large percentage of that capital expense is in the outside plant. . We believe that while this 47% penetration rate will not be gained passively by the network, it can be reached through a tightly integrated implementation, operations and aggressive marketing, as described later in this document. Packet Page 86 of 142 City of Edmonds Fiber Optic Network Page 39 ƒ196 miles access plant ƒ39 miles underground ƒ157 miles aerial ƒ23 miles of distribution ƒ0.7 miles underground ƒ4.3 miles aerial ƒ17.9 miles of potential Blackrock Fiber Source: PacketFront Figure 4 — In order to estimate capital costs, PacketFront modeled the running line routes past every address in the city using GIS software (see the larger map on page 6). When we modeled the Edmonds network using available data, it appeared that more than 80% of the network could be deployed aerially. This provides a large cost advantage over some networks; it is much less expensive to deploy the network aerially than underground. We acknowledge Edmonds’ preference for underground deployment; however, note that doing so would increase the $18M fiber plant costs seen on Figure 3 to more than $35M. Deploying the network entirely underground would make the financial success of the network extremely chal- lenging. However, as the electric utility buries lines throughout the city, the fiber cables could be buried at the same time to take advantage of shared costs. PacketFront did investigate possibly using some of the existing fiber routes owned by private par- ties to deploy part of the Edmonds’ plant; however, the fee for using their fiber plant is more costly than Edmonds deploying its own fiber. Should those fees drop substantially, this option may be worth revisiting. Packet Page 87 of 142 City of Edmonds Fiber Optic Network Page 40 Density HHP / Mile Outside Plant Cable Placement Aerial vs. Underground HH P / M i l e 196 miles of running line 19,560 HHP Underground Aerial 100 117 135 87 0 20 40 60 80 100 120 140 160 Edmonds City Washington Community 2 Washington Community 1 UTOPIA 80% 36% 52% 35% 20% 64% 48% 65% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Edmonds City Washington Community 2 Washington Community 1 UTOPIA Source: PacketFront Figure 5 — The large portion of aerial plant placement significantly reduces the cost of the project. Edmonds’ density is also favorable. Edmonds has some significant cost advantages when compared to other similar projects and ar- eas. As shown on Figure 4, the Edmonds network can be constructed 80% aerially, which is a great cost savings. Edmonds also has approximately 100 homes per square mile; this is also fa- vorable, although is less dense relative to other cities in surrounding area. These, however, are good metrics that will result in lower overall capital expenses. Packet Page 88 of 142 City of Edmonds Fiber Optic Network Page 41 Outside Plant Cable Placement Aerial vs. Underground 101% 113% 12%15% 15% -16% -6% 6% -5% -20% 0% 20% 40% 60% 80% 100% 120% Pneumatic Drilling Directional Drilling Pull Fiber Place Strand Lash Fiber Splice <12 Splice 13 to 72 Splice 73 to 215 Splice 216+ 196 miles of running line Sources: UTOPIA, Local Edmonds Construction Firm Figure 6 — The price of underground construction in Edmonds is double that ex- perienced in Utah, perhaps due to less favorable ground conditions and the effect of Prevailing Wage laws. Aerial Construction seems to reflect the impact of Pre- vailing Wage laws alone. As part of this process, we asked a construction firm local to Edmonds to provide quotes on labor rates for network installation. We found that the cost relative to UTOPIA construction on some of the main underground units were 100% more in Edmonds. In other words, the labor costs are roughly double than what we’ve historically seen in our experience with the UTOPIA network project in Utah. We attribute a portion of that to prevailing wage laws in Washington State, and also a portion to unfavorable construction conditions for buried cable; combined, these factors result in higher construction expenses. Prevailing Wage laws do also impact the aerial portions of the network, which is consistent with research that says that prevailing wage laws increase costs by 15%-20%. We believe that at least a 15% increase in costs over those witnessed on the UTOPIA project would be proven no matter which construction firm is selected. It should be noted that the splicing costs were more comparable to average rates found for the UTOPIA project. While our research did not include soliciting bids from multiple construction firms, this should be the next step for Edmonds. Packet Page 89 of 142 City of Edmonds Fiber Optic Network Page 42 $28.00 $18.17 $18.10 $17.61 $15.15 $0 $5 $10 $15 $20 $25 $30 Edmonds City UTOPIA Phase I UTOPIA Phase II TCS Beltw ay $7.25 $6.91 $5.96 $6.06 $3.21 $0 $5 $10 $15 $20 $25 $30 Edmonds UTOPIA Phase 1 UTOPIA Phase II Beltway Cable Aerial Construction Costs 157 miles Underground Construction Costs 39 miles $/ f o o t $/ f o o t Sources: UTOPIA, Local Edmonds Construction Firm, Dean & Company Figure 7 — Although the underground construction costs could be significantly higher in Edmonds, the large amount of aerial construction can minimize the im- pact on the total capital cost of the project. When examining the costs-per-foot for construction in Edmonds, the underground costs are sig- nificantly more expensive than what has been experienced with other projects. The aerial costs are less expensive but still higher than what have been experienced on a per-foot basis in other areas of the country. Packet Page 90 of 142 City of Edmonds Fiber Optic Network Page 43 48.62950,915Distribution Rings 72.001,408,251Inspection $906.25$17,726,208Total 43.46850,000Cabinets 77.621,518,251Engineering 76.691,500,000Management 236.864,632,903Construction Materials $351.02$ 6,865,888Construction Labor Cost / HHPConstruction Cost 48.62950,915Distribution Rings 72.001,408,251Inspection $906.25$17,726,208Total 43.46850,000Cabinets 77.621,518,251Engineering 76.691,500,000Management 236.864,632,903Construction Materials $351.02$ 6,865,888Construction Labor Cost / HHPConstruction Cost Construction Costs % of Total Plant Distribution Rings 5% Inspection 8% Cabinets 5% Engineering 9% Management 8% Construction Materials 26% Construction Labor 39% Source: PacketFront Figure 8 — The total cost of the outside plant is projected to be $17.7M, which breaks down into Construction Labor, Construction Materials, Management, Engi- neering, Cabinets, Distribution Rings, and Inspection costs. In summary, when the $17.7M outside plant costs are broken down into its components, $6.8 mil- lion of that is the labor portion. As discussed in previous figures, while there is not a significant amount of underground construction, what exists is very costly. Construction materials comprise another major portion of the total. Other categories to account for include overall project management, engineering of the network, placing of the cabinets, dis- tribution rings, and inspection costs. It’s possible that, using the open trenches for the planned water project, approximately $3-4 mil- lion of the construction costs could be offset. This would include lower labor costs (which would be lowered but not altogether eliminated), but not lower material costs. Questions still remain around whether the management, engineering, distribution rings or inspec- tion costs could be offset if the network is built as part of the water project. How much or how little Edmonds wishes to share these expenses with other stakeholders becomes a matter for Ed- monds and the stakeholders to decide. In general, however, the more that is offset by other stake- holders, the better the financial outcome is for the network. This will be shown in upcoming fig- ures. Packet Page 91 of 142 City of Edmonds Fiber Optic Network Page 44 ~1500 HHP ~900 HHP Set top box Distribution • 23 miles of plant • $373,970 of electronics • $ 19 / sub Access • 191 miles of plant • $2,579,825 of electronics • $ 279 / sub Customer Equipment (CPE) • $2,252,670 of electronics • $ 244 / sub Set tops • $2,028,070 of electronics • $219 / sub 95% of electronics capital $6,860,565 5% of electronics capital $373,970 Cabinets Source: PacketFront Figure 9 — The electronics will cost approximately $7.2M, of which 95% is the link to the customer’s premise plus set top boxes for video. This figure shows a breakdown of how the electronics are configured for the network. As seen on the bottom left of the figure, there are $373,970 in core electronics. On the right side there is $6.8 million in access electronics, with the majority of the cost providing the link from the cabinet to the home. Therefore, the access electronics portion is by far the most significant portion of the costs of de- ploying this network. We also included $2 million for set top boxes, which is about $219 per sub- scriber, but in later figures we show that the set top boxes end up being a nice revenue maker for the network. These numbers account for an average of 2.5 set tops per video subscriber. Packet Page 92 of 142 City of Edmonds Fiber Optic Network Page 45 $925 $1,021 $873 $0 $300 $600 $900 $1,200 $1,500 Edmonds City Verizon FIOS 2005 Verizon FIOS 2006 $902 $880 $1,163 $220 $0 $300 $600 $900 $1,200 $1,500 Edmonds City Verizon FIOS 2005 Verizon FIOS 2006 Cost to Connect a Subscriber 9,239 subscribers – 47% Cost per Premise Passed 19,560 HHP Note:Edmond’s connection costs include set top boxes which are not included by Verizon Set top Boxes Sources: PacketFront, Verizon Figure 10 — Cost per premise passed in Edmonds is in line with the Verizon FiOS project. To ensure that our projected costs were in line with comparable projects, we compared these pro- jections with Verizon FiOS capital expenditures. Where the Edmonds network is projected to cost $925 per home passed for the fiber plant, Verizon reported approximately $1000 per home passed in 2005, and $873 in 2006. This change shows that Verizon has been able to drive down its own costs over this period. The cost to connect a subscriber on the Edmonds network is actually less than what Verizon has reported, and a little bit more if you include the set top box. Verizon’s number does not include the set top box. This review indicates that our estimates are in a reasonable range of what the Edmonds network will cost to deploy. The City would still need to solicit bids to finalize pricing. Packet Page 93 of 142 City of Edmonds Fiber Optic Network Page 46 • Operating Expenses $6.34 $9.53 $9.55 $10.87 $9.35 $9.79 $5.01 $7.74 $9.63 $9.25 $10.28 $13.97 $0 $5 $10 $15 $20 $25 Edmonds City ILEC Qwest BellSouth Verizon AT&T $ / S u b / M o n t h Network Operating Expenses Per subscriber Field Operations Network Operations $17.27 $19.18 $20.12 $19.66 $23.76 $11.35 Sources: PacketFront, FCC Figure 11 — Edmonds community fiber network is expected to be less expensive to maintain in the field than the ILEC’s copper plant. Operational costs for Edmonds are approximately $11 per subscriber per month, which is far lower than the operational costs for the ILECs. The operational costs for a typical ILEC reflect aging copper plants and old legacy systems that require more upkeep and repair. A typical ILEC also maintains a much larger overhead cost due to their large corporate structures. The Edmonds network will have a much leaner overhead and slimmer operational costs due to the newer and more adaptable fiber infrastructure. Packet Page 94 of 142 City of Edmonds Fiber Optic Network Page 47 Total Network Operating Expenses Agency Operations Network Operations Marketing $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Source: PacketFront Figure 12 — Annual operating expenses are approximately $1.5M annually. Sig- nificant marketing dollars will be required early in the project to generate aware- ness and subscribers. The total network operations expenditure is thought to increase very gradually over time due to the increased number of subscribers. This operational model allows for agency costs, including staff. There will likely also be other similar overhead. Initial marketing costs are estimated relatively high in order to help drive demand for services initially—to get the word out and kick start the project. Over time marketing costs begins to taper off into maintenance mode over a period of some years. Network Operations and Agency costs assumed in this model include: Network Operations: • Asset Management – to operate the network • Field Maintenance – to maintain the infrastructure in the field • Collocation Fees – to locate core electronics • Interconnects – to connect the Edmonds network to the rest of the world Agency: • Advertising – marketing cost for the network assumed at $200/sub • Salaries & Benefits – $12,000/month is allocated, but not designated for specific staffing • Professional Fees – to cover legal and other professional fees • Rent – no money allocated for rent. Assumed to share city space Packet Page 95 of 142 City of Edmonds Fiber Optic Network Page 48 • Insurance • Other expenses $63.91 $31.95 $21.30 $7.10$7.99$9.13$10.65 $15.98 $12.78 $0 $10 $20 $30 $40 $50 $60 $70 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Total Operating Expenses Per subscriber per month $ / S u b / M o n t h Take Rate Source: PacketFront Figure 13 — The operating overhead of the project will require take rates above 40% to bring the unit economics to a reasonable cost. There are some variable costs on the operations side; however, most are fixed so as the take rate goes up, those costs can be spread across a greater portion. This figure also shows that at the 28-38% penetration range, even so high as 42% penetration, the network will be in a range similar to what is currently being paid by the ILECs in terms of opera- tional costs (which run typically $15-20 per user per month). The assumption is that the Edmonds network would be closer to the 45-50% range for network penetration, and therefore have lower operational costs than the ILECs. PacketFront anticipates that the 45%-50% take rate would be eventually reached after approxi- mately 6-8 years. Packet Page 96 of 142 City of Edmonds Fiber Optic Network Page 49 ($10,000,000) $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 $90,000,000 $15 $20 $25 $30 $35 $40 $45 $50 $55 $60 Present Value of Net Operating Income By take rate and ARPU Pr e s e n t V a l u e * ARPU (Average revenue per user) 60% Take Rate 50% Take Rate 40% Take Rate 30% Take Rate *Assumes discount rate of 5.5% for 25 years Figure 14 — The present value of the project—or the amount of capital that can be raised—depends on the average revenue per user (ARPU) at a given take rate. The ARPU for a user is derived by the service(s) subscribed to by each user. For example, a tri- ple-play subscriber would have a higher APRU than an Internet-only subscriber. This figure looks at one way to estimate the net value of the project for purposes of financing and private capital. The value can be calculated by taking the ARPU combined with the take rate. In other words, if we assume that the network can achieve a $34 ARPU and a 30% take rate, this project would be worth about $10 million. If we believe that the network can get a $50 ARPU and a 50% take rate, the project’s worth $55 million. This is one way to value the network for the purposes of obtaining private equity. Packet Page 97 of 142 City of Edmonds Fiber Optic Network Page 50 All costs required to light the network and make it fully capable of carrying meter traffic. Includes all plant cost as well as the premise drop to connect the meter to the electronics. Direct labor and materials but associated project overhead such as engineering, management, & inspection. Only direct labor and materials to install fiber. $21,200,000 $21,223,458 3,497,250 $17,726,208 1,408,251 950,915 850,000 1,518,251 1,500,000 4,632,903 $ 6,865,888 Plant + Drop $26,400,000 $26,429,923 2,262,670 2,579,825 373,970 3,497,250 $17,726,208 1,408,251 950,915 850,000 1,518,251 1,500,000 4,632,903 $ 6,865,888 Lit transport Drops Core electronics Cabinet electronics Customer electronics $17,726,208$12,449,706Total $17,700,000$12,400,000Round to $100k 950,915 950,915Distribution Rings 1,408,251Inspection $17,726,208$12,449,706Total Plant 850,000Cabinets 1,518,251Engineering 1,500,000Management 4,632,9034,632,903Construction Materials $ 6,865,888$ 6,865,888Construction Labor All PlantMinimal All costs required to light the network and make it fully capable of carrying meter traffic. Includes all plant cost as well as the premise drop to connect the meter to the electronics. Direct labor and materials but associated project overhead such as engineering, management, & inspection. Only direct labor and materials to install fiber. $21,200,000 $21,223,458 3,497,250 $17,726,208 1,408,251 950,915 850,000 1,518,251 1,500,000 4,632,903 $ 6,865,888 Plant + Drop $26,400,000 $26,429,923 2,262,670 2,579,825 373,970 3,497,250 $17,726,208 1,408,251 950,915 850,000 1,518,251 1,500,000 4,632,903 $ 6,865,888 Lit transport Drops Core electronics Cabinet electronics Customer electronics $17,726,208$12,449,706Total $17,700,000$12,400,000Round to $100k 950,915 950,915Distribution Rings 1,408,251Inspection $17,726,208$12,449,706Total Plant 850,000Cabinets 1,518,251Engineering 1,500,000Management 4,632,9034,632,903Construction Materials $ 6,865,888$ 6,865,888Construction Labor All PlantMinimal Figure 15 — A number of cases can be made for the amount of network capital that could be carried by the other network stakeholders. The chart above illustrates four scenarios by which the water utility may value the existence of the fiber network for their own purposes. As is shown above, there is great variation in the value, from a minimal amount to nearly the cost of the full buildout. Packet Page 98 of 142 City of Edmonds Fiber Optic Network Page 51 $ 36,258,929Total 884,3642.5%Cost of Issuance 2,210,9841 yearDebt Service Reserve 3,505,5872 yearsCapitalized Interest 1,200,000Start up Operations $ 28,457,993Capital $ 36,258,929Total 884,3642.5%Cost of Issuance 2,210,9841 yearDebt Service Reserve 3,505,5872 yearsCapitalized Interest 1,200,000Start up Operations $ 28,457,993Capital Note: Assumed financing structure is 25 year revenue bonds at 5.5% Figure 16 — An additional $8M of financing and operating overhead will likely be required to fully fund the project. This table categorizes the total project costs. $28.4 million in capital expenses will be required to build the network. In addition, we estimate that the network will need $1.2 to initially support operations until the network generates enough revenue to cover it. This business plan also as- sumes the capitalization of two years of interest. In addition, the plan should account for one year of reserve funds out of bond proceeds. Lastly, with the inclusions of the cost of bond issuance at a little under $1M, the total project is antici- pated to require slightly over $36 million. Packet Page 99 of 142 City of Edmonds Fiber Optic Network Page 52 $0 $10 $20 $30 $40 $50 $60 $70 20% 30% 40% 50% 60% 70% Required Take Rate & ARPU By water utility contribution AR P U Take Rate $12.4M $17.7M$21.2M $26.4M $6.0M $0.0M Figure 17 — Depending on the amount of capital carried by the other network stakeholders, the required combination of take rate and ARPU can be determined. Factoring in the required debt service on a bond issue, the capital costs and the operational ex- penses of the network, this graph shows what would be required, in terms of take rate and ARPU, in order to have the network’s total revenue cover all of the debt service and operations—at vari- ous levels of funding from the other network stakeholders. If you expect a 30% take rate and a $31 ARPU, the water utility would need to contribute $26.4M to the project in order to make the network viable. Likewise, if the network stakeholders put for- ward $6M, then the network would need to sustain a $38 ARPU and a 45% take rate. Packet Page 100 of 142 City of Edmonds Fiber Optic Network Page 53 $15 $20 $10 $5 $10 $30 $5 $40 $30 Retail Rate* (Estimated) 1.5.5.5$ 10.00PVR 1.5222$ 5.00Set Top 30%30%30%30%$ 6.00HD 50%0%50%50%$ 5.00Phone 20%10%10%10%$ 5.00Gaming/Other $37.34 100% 30% 100% 100% 0% 100% C $46.15 100% 50% 100% 100% 0% 100% D 100%100%5.00CPE Rental $32.34$37.34ARPU 100%100%$ 6.00Base Transport 30%30%Video 25%75%25.00Speed 2 75%25%$ 15.00Speed 1 100%100%Data BAWholesale Rate Service $15 $20 $10 $5 $10 $30 $5 $40 $30 Retail Rate* (Estimated) 1.5.5.5$ 10.00PVR 1.5222$ 5.00Set Top 30%30%30%30%$ 6.00HD 50%0%50%50%$ 5.00Phone 20%10%10%10%$ 5.00Gaming/Other $37.34 100% 30% 100% 100% 0% 100% C $46.15 100% 50% 100% 100% 0% 100% D 100%100%5.00CPE Rental $32.34$37.34ARPU 100%100%$ 6.00Base Transport 30%30%Video 25%75%25.00Speed 2 75%25%$ 15.00Speed 1 100%100%Data BAWholesale Rate Service *Note: Retail Rates will be set by the service provider(s). These are listed for review purposes only. Figure 18 — Residential ARPU can be approximated by multiplying the wholesale rate of a service by the % of subscribers taking that service. This table describes various wholesale rates, service combinations and ARPU scenarios to be considered by Edmonds. Historically, of the subscribers who take UTOPIA services for broadband, 50% also take phone service, and 30% take video. The table represents scenarios of service mixes that are largely based on the performance of UTOPIA. Set top boxes have been included in the above scenarios for two reasons.—there’s a high likeli- hood that the service provider(s) who are contracted to provide service on the network won’t be able to fund the set top boxes required. The network will therefore be required to provide the capital. Secondly, set top boxes are a profitable source of revenue, and so it’s more advantageous for the network to provide them. The above scenarios assume that everyone subscribing to the network takes data service. There are two levels of wholesale rates: $15 and $25 (per subscriber per month) for data, to account for two different levels of data service. In addition, Scenario D charges the equivalent of a cable modem fee—both Comcast and Verizon typically charge such fees, so there is some precedent for it. Packet Page 101 of 142 City of Edmonds Fiber Optic Network Page 54 For video, the scenarios assume a base transport fee of $6, as well as an option for a $6 upgrade to HD. The scenarios charge $5 for a regular set top and $10 for a PVR set top. Based on ex- perience, the scenarios assume an average of 2 set tops per home and .5 of a PVR. (Scenario D is a little more optimistic and assumed more people would take the PVR.) The scenarios also assume that in most cases about half the people would take phone at a whole- sale rate of $5. Charging for phone service can be tricky; you can charge something, but charging too much will encourage people to run the voice through their data pipe (i.e. with Skype or Vonage), and then the network will receive no additional revenue. $5 seems to be about the maximum you could charge without pushing people to run their voice through their high speed data line—which is a temptation if the network offers a 20Mbps or 50 Mbps product. Scenarios A and B examine what happens when consumers are more or less price sensitive to the data speed price. At speed 1, at $15 wholesale, the data service would retail for around $30, and speed 2 (at $25 wholesale), data service would retail for around $40. Scenario A assumes a better penetration of the $40 higher end speed. Scenario B assumes that people are a little more price sensitive and more subscribe to the $30 speed. The impact of consumer’s price sensitivity is re- flected in the ARPU for each scenario. Scenario C offers only the higher data speed and then adds on for video, but assumes that the us- ers go elsewhere (Skype, Vonage, etc.) for their phone services. This scenario would produce an ARPU of $37.34. Scenario D is the most aggressive of the 4 scenarios by offering only the high-end data speed. This scenario also shows more consumers subscribing to HD, and more people taking a PVR as opposed to a regular set-top box, better penetration of video overall, and the same phone penetra- tion as the other scenarios. This scenario could be supported by very aggressive joint marketing efforts between the network and the service providers. Scenario D would result in a $46 ARPU. Packet Page 102 of 142 City of Edmonds Fiber Optic Network Page 55 $0 $10 $20 $30 $40 $50 $60 $70 20% 30% 40% 50% 60% 70% Required Take Rate & ARPU By water utility contribution AR P U Take Rate $12.4M $17.7M$21.2M $26.4M D A+C B $6.0M $0.0M Figure 19 — There are a number of reasonable combinations of stakeholder capi- tal contributions and required take rate & ARPU to make the network viable. Based upon the service mixes seen in the previous figure, assuming that the network achieves a $37 ARPU as seen in Scenario A, and that with a stakeholder contribution of $12.4 million, the network will require a 38% take rate to cover its operations and debt service requirements. Packet Page 103 of 142 City of Edmonds Fiber Optic Network Page 56 Tacoma, WA % of Units Passed Telecom Projects Subscriber take-rate by year Orem, UT Edmonds Alameda, CA Verizon FIOS FIOS Projection 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Figure 20 — A take rate forecast growing to 45% is reasonable compared to the performance of other networks. This is a look at the performance of some other projects, including FiOS and Orem, Utah (part of UTOPIA). Orem has many elements similar to an Edmonds, although it’s generally a younger city demographically. There are also cities that represent a range of experiences. We excluded those cities providing retail services. Packet Page 104 of 142 City of Edmonds Fiber Optic Network Page 57 CCoonncclluussiioonn aanndd RReeccoommmmeennddaattiioonnss As we examine this data, we can conclude that there is a reasonable business case for building out fiber to the premise in Edmonds, and to serve residents and businesses with triple-play services. However, we do recommend that this business plan be combined with the separate work that the City has undertaken regarding government and city facilities, in order to discern the full financial and business outcomes of an Edmonds network. Overall, this plan should recognize that the chances of success for this network will increase greatly when there is an integrated approach that incorporates the city telecom services, public utilities, education, health care, residential and business involvement. In addition, we wish to acknowledge the risk that the Verizon FiOS project poses to the Edmonds network. Verizon is a solid service provider and they are delivering a good product with FiOS. We do not yet know what impact the FiOS project will have on the competitive landscape in Ed- monds. However, we believe that an open access fiber network has much to offer over the FiOS project, specifically: • The Edmonds network is envisioned to cover the entire city; it is highly unlikely that FiOS will be deployed throughout the entire city. • The Edmonds active Ethernet network will have greater capacity, and be quicker and less expensive to upgrade in the future, than Verizon’s FiOS, which is built using a GPON to- pology. • The Edmonds network will be an open access network offering the freedom of choice to its users; Verizon’s users will be locked into only Verizon services. • The Edmonds network will have the capability to offer far more advanced services to its users due to its superior capacity. With aggressive marketing and the right message to the community, it is possible to mitigate the threat that the FiOS project poses to the Edmonds network. Specific recommendations for Edmonds include the following: 1. Involve other governmental entities and community stakeholders and create an integrated business plan. Edmonds should also explore the possibilities that other governmental and nonprofit entities may be willing to join in the business model by putting forth funds to fi- nance the network; these entities would directly benefit from the existence of the network, and therefore may be willing to participate in the financial risk and potential outcome of the network. For example, if one of the specific uses of the network is to serve the water utility, then the water utility may be willing to allocate more funds to a network that allows it to attain its goals. Likewise, other entities that have a direct need for the network, and will benefit from it, may be willing to place funds into the network to help guarantee its existence and success. These public or private funds could be used as part of the capital outlay for the network build. Some or all of these invested funds could also be held in reserve to serve as a guarantee in case the network does not perform as expected. This reserve fund could be used to finan- cially secure the network, but would not otherwise be touched unless certain performance thresholds were reached. The more funding the City is able to secure from public and private entities, the better the financial outlook for the network. Edmonds should complete an integrated business plan that includes all targeted network Packet Page 105 of 142 City of Edmonds Fiber Optic Network Page 58 stakeholders, including the government and utility aspects. All the work done separately by Edmonds needs to be integrated to provide a fuller picture of the network strengths, benefits, costs and risks. 2. Conduct a governance and legal review to ensure an entity is created that can properly and legally share the contributions of the joint public and private organizations. An organiza- tional and governance structure needs to be created for the legal broadband entity. This proc- ess involves drafting all required legal papers and agreements, formation of an appropriate operating entity incorporated under state law, and preparing the broadband entity to accept cash and asset contributions 3. Develop a financing plan that: • meets the project’s goals • fits within the constraints set by local and/or federal regulations • fits within the business plan created during the planning phase Ultimately, the financing plan will present options to pay for the community network. The end result of the financing plan will be a customized financing solution for the community that maximizes the ability to finance the network while minimizing risk to the stakeholders. 4. Develop a marketing plan and market the network aggressively. Gather grassroots support and local champions for the initiative. The financial success of Edmonds’ network is reliant upon a solid take rate and ARPU performance. History has shown that many municipal net- works have not been as successful as planned, in part because they have not allocated the marketing dollars necessary to build community awareness of the benefits of the community network. Appropriate marketing will create a much better response in terms of take rates, and must be used as part of the overall strategy for network success. 5. Construct and implement the network. Hire experienced engineering, construction, and in- spection firms to be sure that that the network is deployed within scope and budget. Use an experienced project manager to guide the project to successful completion. 6. Make use of an experienced third-party firm to take on the daily operations of the network; such a firm should be deeply experienced in open access networks, governance and organiza- tional issues, network planning, service provider management, network monitoring and trou- bleshooting, and general operations. Packet Page 106 of 142 City of Edmonds Fiber Optic Network Page 59 Appendix A—Sample Service Level Agreements Packet Page 107 of 142 City of Edmonds Fiber Optic Network Page 60 EXHIBIT D Service Level Agreements 1 OVERVIEW 1.1 This Exhibit D provides detailed descriptions of the Performance Metrics for the [PROJECT] net- work, and is the basis for certain service level agreements between Service Provider and [PROJECT]. All Performance Metrics will apply to [PROJECT]’s Network. For the purpose of these Performance Metrics, [PROJECT]’s Network can be viewed as a carrier network to which Service Provider hands off/accepts traffic (1) for voice services; (2) for data services; and (3) for video services; collectively (“Services”). 1.2 In addition to any other rights under this Agreement, if any given Retail Subscriber (1) experi- ences an Outage that continues for a period of more than five (5) Business Days after delivery of written notice thereof by Service Provider to [PROJECT], or (2) experiences three (3) or more Outages of the same Service, whether or not for the same reason, in any thirty (30) calendar day period, then Service Pro- vider may terminate the Service(s) for the Retail Subscriber without liability for cancellation or termination charges. 1.3 Each Metric as defined in Section 3 of this Exhibit, measurement, report, reporting tool, or other datum is Service Provider’s “Protected” information subject to the requirements set forth in Sections 8.2 and 8.3 in the body of this Agreement and [PROJECT]’s Confidential Information subject to the require- ments set forth in Section 8.4 in the body of this Agreement. 1.4 [PROJECT] will: 1.4.1 Use commercially reasonable efforts to remedy any delays, interruptions, omissions, mistakes, accidents or errors (“Defect” or “Defects”) and restore the Services as soon as possible after any Defect is reported to [PROJECT] using receipted electronic mail, fax or other documen- tation. 1.4.2 Collect, measure, and report data to Service Provider for service, network and opera- tional Performance Metrics described in Section 3. [PROJECT] will provide Metrics upon writ- ten request, using a Microsoft® Excel spreadsheet or other format mutually agreed to by [PROJECT] and Service Provider. [PROJECT] is responsible (at its expense) for providing any equipment, systems, and software necessary to collect and report such Metrics. 1.4.3 Analyze and improve processes, as necessary, to achieve Performance Metric Objectives set forth in Section 3. 1.4.4 Establish, maintain, and use quality improvement teams (“QITs”) that meet at least quarterly, and which consist of [PROJECT] process representatives, subject matter experts, and Service Provider, as well as potentially other of [PROJECT]’s service providers, suppliers and subcontractors, to conduct root cause analysis on data indicating inferior performance, act on results and implement im- provement plans for those Metrics that fail to meet or exceed the Objectives set forth in Section 3. 1.5 Service Provider will: Packet Page 108 of 142 City of Edmonds Fiber Optic Network Page 61 1.5.1 Measure Quality Metrics by means of Service Provider’s regularly scheduled Retail Sub- scriber satisfaction surveys which randomly sample Retail Subscribers for their opinions of Ser- vice Provider service quality. 1.5.2 Collect Retail Subscriber complaint information on Services through its customer care center(s). Based on the first twelve (12) months’ of operations, a base- line number of Retail Subscriber complaints will be established. Following that, Service Provider will establish a performance metric for measurement during the term of the Agreement. 1.5.3 Measure performance metrics and work with [PROJECT] to resolve discrepancies, if any, between the parties’ results. 1.5.4 Use commercially reasonable efforts to meet Service Provider SLAs as speci- fied in Exhibit E. 2 DEFINITIONS AND GENERAL PROVISIONS 2.1 “Metric” or “Service Metric” means the performance measures for specific [PROJECT] functions and includes the Description, Measurement Method, Objective and Service Credit, if any, that define the capitalized term that is used throughout this Exhibit D. 2.2 “Description” means the specific [PROJECT] function to be measured. 2.3 “Measurement Method” means the tools, process and algorithms for determining [PROJECT]’s performance and the frequency of the measurement. 2.4 “Objective” means the level of performance that Service Provider expects [PROJECT] to achieve. 2.5 “Service Credit” means the amount [PROJECT] owes to Service Provider, where applicable, if the Objective is not met for that month. The amount of any Service Credit shall be calculated as set forth in Section 3. 2.5.1 Service Provider will not receive Service Credits for any Service interruption or other transmission problem (including, without limitation, any inability of [PROJECT] to maintain Per- formance Metrics commitments contained herein) that is in whole or in part caused by or attrib- uted to Service Provider or its Retail Subscriber, or other event defined under Article XI – Force Majeure in the body of this Agreement. [PROJECT] will nevertheless use its reasonable efforts to seek a prompt resumption of Service and/or resolution of transmission problems in those circum- stances where such efforts have a reasonable likelihood of promptly achieving the cited results. 2.5.2 In the event that Service Credits are issued for missing Network Availability Objectives, Service Credits shall not be issued for Packet Loss or Roundtrip Delay/Latency for the same inci- dents. In the event that Service Credits are issued for missing Network Core Average Availability Objectives, Service Credits shall not be issued for missing Network Edge Average Availability Objectives for the same reporting month. 2.5.3 Service Credits expressed as a percent of “Services affected”, “recurring charges”, etc. refer to amounts charged to Service Provider by [PROJECT] unless otherwise explicitly stated. 2.6 “[PROJECT]’s Network” or “Network” means the “Network” as defined in Article I of the body of this Agreement. Packet Page 109 of 142 City of Edmonds Fiber Optic Network Page 62 2.6.1 “Network Core” means that portion of the Network for which a higher degree of redun- dancy and reliability is provided (see diagram 4.1), including Regional Core Switch (RCS) and Distribution Core Switches (DCS) and Provider Access Switches (PAS) 2.6.2 “Network Edge” means that portion of the Network for which a lesser degree or no re- dundancy is provided (see diagram 4.1), including Access Distribution Switches (ADS) and Ac- cess Portals (AP) 2.6.3 ”Network Connection Point (NCP)” means the point(s) of Service Provider connectivity ingress and egress deployed at multiple Points of Presence providing access to the [PROJECT] Network for service providers. 2.6.4 “Access Portal (AP)” means the switches deployed at the subscriber premises where the fiber network terminates into service ports. 2.6.5 “On Premises Back-Up Battery” means the sealed lead acid component of the uninterrup- tible power supply deployed on the Retail Subscriber’s premise. 2.6.6 “Quality of Service (QoS)” means the direct measure of quality for the services delivered over [PROJECT]’s Network. 2.6.7 “Customer Premise Equipment (CPE)” means the equipment, such as, but not limited to, Access Portals and video gateways, that will be installed at the Retail Subscriber’s premise. 2.7 “Business hours” means 8:00 am to 5:00 PM Mountain Time on a Business Day. “Business Day” means Monday through Friday, excluding public holidays recognized in Utah. 2.8 “Outage” means Service(s) is/are interrupted such that there is a loss of continuity (unable to transmit or receive traffic to the Retail Subscriber Access Portal), or when [PROJECT] and Service Pro- vider agree that Service is unfit or unavailable for use. Each Service affected is counted separately (e.g. if the Access Portal of a Retail Subscriber who has video and data Services fails then it is counted as two (2) Outages.) 2.8.1 The following are excluded from Outages: • failure of components for which Service Provider and/or its Retail Subscriber(s) are re- sponsible and are therefore not part of [PROJECT]’s Network (e.g., to the network side of the interconnecting Service Provider router). • time that corrections cannot be made because the Service Provider, Retail Subscriber, or access to the facilities necessary for making the repair, are inaccessible • problems caused by Retail Subscribers’ negligence or misconduct, or by the negligence or misconduct of others authorized by the Retail Subscribers • problems resolved as “No Trouble Found” • scheduled network upgrades and maintenance periods. The upgrades and maintenance will be scheduled when customer services are impacted minimally, typically between 12 AM to 6 AM local time. Furthermore, [PROJECT] will notify the Service Provider of such scheduled upgrades or maintenance periods as per 3.9.7. • Circumstances defined in Section 2.5 above. 2.9 “Outage Duration” is the time in minutes that an Outage has occurred. An Outage begins when Service Provider notifies [PROJECT] and [PROJECT] opens a trouble ticket and ends when service has been restored. 2.10 “Availability” means percentage of time [PROJECT]’s Network is available for service. Network Average Availability is measured performance of [PROJECT]’s Network. Even though [PROJECT]’s Packet Page 110 of 142 City of Edmonds Fiber Optic Network Page 63 Network Core Switches deliver 99.99% Network Average Availability, a Service Provider is not be as- sured 99.99% availability unless its equipment is appropriately configured and connected over redundant paths to [PROJECT]’s Network (see Diagram 4.1) Availability for the Network Core and Network Edge are computed separately. Network Average Availability is: 100__ __1 ×⎥⎦ ⎤⎢⎣ ⎡−∑ TimeAvailableTotal durationsoutageNetwork Sum of Network_outage_durations = the total of the outage time, in minutes, of all Retail Subscribers’ Services in service affected by network outages during the reporting calen- dar month. Total_Available_Time = (number of Services in service on the last day of the calendar month pre- ceding the reporting month) * ((days in the reporting calendar month) * (minutes per day)). 2.11 “Delay / Latency” means the time it takes a packet to traverse the distance between two points on the Network (note: every 50 miles (one-way) increases the allowable roundtrip delay by 1 millisecond). Specifically, roundtrip delay/latency means the interval of time, in milliseconds, it takes a sixty-four byte (64-byte) test packet of data to travel from the Regional Core Switch (RCS) which the service provider uses to aggregate and distribute their services to a QoS specific AP connected to each ADS via [PROJECT]’s Network and back. Any unsuccessful ping will be counted at 20 milliseconds. Delay/Latency will be monitored and tested as follows: [PROJECT] will make at least 20 roundtrip delay measurements each hour. Measurements will be taken from RCS elements that distribute and aggregate subscriber services through all ADSs to dedicated, management-specific APs for each QoS. Delay will be measured to the nearest mi- crosecond. The “Average Monthly Round Trip Delay” is calculated as the average of all measurements taken during a given calendar month. Objectives for round trip delay are given in Section 3.2.1, 3.3.1, 3.4.1, 5.1, 6.1, and 7.1. In the event of Delay/Latency problems. [PROJECT] will respond to the specific Delay/Latency problem when notified and documented by Service Provider on behalf of any individual Retail Subscriber. [PROJECT] will perform end-to-end performance measurements and other tests and take necessary correc- tive action to restore Retail Subscribers Service to levels specified for Delay/Latency in Section 3. 2.12 “Packet loss” means a maximum percentage of data packets that [PROJECT]’s Network may drop (sent and not received) through the [PROJECT] Network. [PROJECT] will track the number of dropped packets by QoS level on the egress of all [PROJECT] switch ports that are connected to other [PROJECT] switch ports. On the ingress of [PROJECT] switch ports, dropped packets are not categorized by QoS. [PROJECT] will count all ingress port dropped packets and prorate dropped packets across QoS levels based on bandwidth of each QoS level. [PROJECT] will only monitor dropped packets which will not be part of the SLA calculation on service provider NCP ports. Packet loss is calculated as a percent as follows: 100ports specified allon QoSgiven afor packets All ports specified allon QoSgiven afor packetsLost ×⎥⎥ ⎦ ⎤ ⎢⎢ ⎣ ⎡ ∑ ∑ Packet Page 111 of 142 City of Edmonds Fiber Optic Network Page 64 [PROJECT] fails to meet the service level agreement when the percent packet loss for any Service exceeds the Objective. 2.13 “Installation” means [PROJECT] will provide Committed Due Dates for installation of Service in less than or equal to the intervals from order date as shown below. For pre-configured Services (voice, video, ISP data) to Residential Subscribers • Access Portal has been previously installed, no truck roll required: two (2) business days • Access Portal has been previously installed, truck roll required: seven (7) busi- ness days • Full install fiber and Access Portal installation is required: twelve (12) busi- ness days For pre-configured Services (e.g., voice, video, ISP data) to Business or MDU Subscribers • Access Portal has been previously installed, no truck roll required: two (2) business days • Access Portal has been previously installed, truck roll required: seven (7) busi- ness days • Access Portal installation is required, premise construction has been previously Installed, no inside wiring required: twelve (12) business days • Building entry not complete or Access Portal, conduit and/or inside wiring installation are required: case-by-case basis For custom services case-by- case 2.13.1 A delayed installation credit will not be applied under the following circumstances: • Installation is delayed at Service Provider’s request • Due to events described under 2.5 • Installation is delayed with the approval of Retail Subscriber • [PROJECT] has not been given necessary access to facilities required for installation or Retail Subscriber is not ready or not available to accept the Service until after the com- mitted due date • Retail Subscriber facilities are unsuitable or unfit for installation • [PROJECT] has: • made reasonable efforts to consult with the appropriate Service Provider work center (or such other contact specified by Service Provider) by telephone; and • taken such further reasonable and prudent actions in an attempt to make instal- lation as Service Provider may direct in the course of such consultation. • If [PROJECT]’s reasonable efforts to consult with Service Provider as required above are unsuccessful, [PROJECT] shall notify Service Provider of the reason for the delay as soon as reasonably possible. 2.14 For installations, [PROJECT] will: • Maintain sufficient CPE to fill Retail Subscriber order • Attempt to contact Retail Subscriber prior to the scheduled appointment • twenty-four (24) hours prior (up to 2 attempts) • 30 minutes prior to the schedule appointment • Arrive on site at Retail Subscriber premises within the appointment window • Install Service(s) as ordered, including CPE. • Update Retail Subscriber’s order status within 1 business day after the installation Packet Page 112 of 142 City of Edmonds Fiber Optic Network Page 65 2.15 [PROJECT] will collect and meet following inventory Performance Metrics: • Notify Service Provider to replenish fulfillment materials (if applicable) within thirty (30) cal- endar days of anticipated depletion of its inventory • Maintain its Homes Passed / Marketable database with a minimum of ninety-nine percent (99%) accuracy. (The inaccuracy is measured by the number of installations that are cancelled by [PROJECT] due to service not being available to a particular address after providing a Committed Installation Date to Service Provider.) 2.16 “Repair and/or Maintenance at the Retail Subscriber Premises” means that a [PROJECT] techni- cian or [PROJECT] sub-contractor visits the Retail Subscriber Premises to perform needed, requested and scheduled work on Services and associated [PROJECT]-provided equipment. For Repair and Maintenance visits, [PROJECT] will: • Maintain sufficient CPE to complete necessary repairs • Attempt to contact Retail Subscriber prior to the scheduled appointment • twenty-four (24) hours prior (up to 2 attempts) • 30 minutes prior to the schedule appointment • Arrive on site at Retail Subscriber premises within the appointment window • Repair Service(s) as ordered • Update Retail Subscriber’s order status within 1 business day after the installation Any Repair and/or Maintenance at the Retail Subscriber Premises that do not take place in accordance with the foregoing requirements will be performed in a reasonable timeframe and in a reasonable manner, taking into consideration the relevant circumstances. 2.17 [PROJECT] will provide a sufficient number of qualified staff to answer and respond to all tech- nical support calls and direct trouble ticket system inputs from Service Provider to meet the Objectives. The Performance Metrics specify Objectives that include: (1) the target time for answering/responding to calls, and (2) the percentage of calls that shall meet the target [PROJECT]’s telephone support and trouble ticket system shall be available twenty-four (24) hours a day, three hundred and sixty-five (365) days a year. During normal Business Hours, [PROJECT] shall accept calls from Service Provider on all valid topics. Outside of normal Business Hours, [PROJECT] shall re- spond to calls relating to Network and Service defects. The target time or duration is measured from the time Service Provider’s telephone call enters the [PROJECT]’s help desk routing queue until the time Service Provider speaks to a technician who is capa- ble of resolving the trouble or answering the question. 2.18 “Mean Time to Repair (MTTR)” means the average time of the actual repair needed to restore Ser- vices. MTTR is measured in each reporting calendar month. Number of Outages = Count of Outages (Defined in Section 2.8) less Outage Exclusions (Defined in Section 2.8.1) SLA Response Window = time allowed under the specific SLA to begin repair service (e.g. Next Business Day, Same Day, 4 Hour, etc). The SLA Response Window is subtracted from each Outage Duration. Unless otherwise specified in a separate service agreement, SLA response window is by the end of the next business day. MTTR is calculated as follows: Packet Page 113 of 142 City of Edmonds Fiber Optic Network Page 66 ⎟⎟ ⎠ ⎞ ⎜⎜ ⎝ ⎛∑ Outages ofNumber Durations Outage A separate MTTR is calculated for each committed SLA Response Window. The MTTR is measured in the same units as the SLA Response units (i.e. days or hours). 2.19 [PROJECT] will strive to resolve trouble tickets as quickly as possible. The Direct Measures of Quality (DMOQs) addressing this are the percentage of ser- vice outage trouble tickets that are resolved within either one or two days – the concern being those that remain open for longer periods. This metric has two measures: (1) the total number of occurrences, and (2) the corresponding per- centage that the total number reflects. SLA Response Window and Repair Time are defined in Section 2.18. DMOQ Period = 24 hours or 48 hours, depending on the metric The percentage is calculated as follows: ()100 monthcalendar in the tickets troubleofnumber Total hrs 48 (2)or hrs, 24 (1)ithin month calendar ain resolved ticketstrouble ×⎟⎟ ⎠ ⎞ ⎜⎜ ⎝ ⎛∑w Packet Page 114 of 142 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 6 7 3 [ P R O J E C T ] P E R F O R M A N C E M E T R I C S Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Me a s u r e m e n t M e t h o d Service Credit 3. 1 Ne t w o r k A v a i l a b i l i t y 3. 1 . 1 N e t w o r k C o r e - A v e r a g e A v a i l a b i l - it y ( S e e D i a g r a m 4 . 1 ) 99 . 9 9 % a v a i l a b l e S e e S e c t i o n 2 . 1 0 S e e S e c t i o n 2 . 1 0 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve the Network Average Availability Ob-jective, [PROJECT] will issue a Service Credit to Service Provider for an amount equal to 5% of the total monthly recurring charges for Services impacted by outages. 3. 1 . 2 N e t w o r k E d g e - A v e r a g e A v a i l a b i l - it y ( S e e D i a g r a m 4 . 1 ) 99 . 9 % a v a i l a b l e S e e S e c t i o n 2 . 1 0 S e e S e c t i o n 2 . 1 0 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve the Network Average Availability Ob-jective, [PROJECT] will issue a Service Credit to Service Provider for an amount equal to 5% of the total monthly recurring charges for Services impacted by outages. 3. 2 Co m m i t t e d I n f o r m a t i o n R a t e ( C I R ) – Q o S 6 3. 2 . 1 R o u n d - t r i p D e l a y / L a t e n c y < 3 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) . Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 2 . 2 P a c k e t l o s s <0 . 0 2 % Se e S e c t i o n 2 . 1 2 Se e S e c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 2 Vo i c e – R e s i d e n t i a l / B u s i n e s s – Qo S 5 Pa c k e t Pa g e 11 5 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 6 8 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Me a s u r e m e n t M e t h o d Service Credit 3. 2 . 1 R o u n d - t r i p D e l a y / L a t e n c y < 3 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) . Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 2 . 2 P a c k e t l o s s <0 . 0 2 % Se e S e c t i o n 2 . 1 2 Se e S e c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 3 Vi d e o – Q o S 4 3. 3 . 1 R o u n d - t r i p D e l a y / L a t e n c y <3 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 3 . 2 P a c k e t l o s s <0 . 1 % Se e S e c t i o n 2 . 1 2 Se e S e c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 4 Da t a – Q o S 3 3. 4 . 1 R o u n d - t r i p D e l a y / L a t e n c y <4 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 4 . 2 P a c k e t l o s s 0. 3 % Se e S e c t i o n 2 . 1 2 Se e Se c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. Pa c k e t Pa g e 11 6 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 6 9 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Me a s u r e m e n t M e t h o d Service Credit 3. 5 Da t a – Q o S 2 3. 5 . 1 R o u n d - t r i p D e l a y / L a t e n c y < 5 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 5 . 2 P a c k e t l o s s 0. 5 % Se e S e c t i o n 2 . 1 2 Se e Se c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 6 Da t a – Q o S 1 3. 6 . 1 R o u n d - t r i p D e l a y / L a t e n c y < 8 m i l l i s e c o n d s R T d e l a y + 1 ms f o r e a c h 5 0 m i l e s ( o n e w a y ) Se e S e c t i o n 2 . 1 1 S e e S e c t i o n 2 . 1 1 F o r e a c h r e p o r t i n g m o n t h i n w h i c h the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 6 . 2 P a c k e t l o s s <1 % Se e S e c t i o n 2 . 1 2 Se e S e c t i o n 2 . 1 2 For each reporting month in which the Network fails to achieve this Objective, [PROJECT] will issue a 2% credit on the Service Provider monthly recurring charges for all applicable Services. 3. 7 Da t a – Q o S 0 3. 7 . 1 R o u n d - t r i p D e l a y / L a t e n c y < 2 0 m i l l i s e c o n d s S ee S e c t i o n 2 . 1 1 Se e S e c t i o n 2 . 1 1 Not applicable 3. 7 . 2 P a c k e t l o s s < 2 % Se e S e c t i o n 2. 1 2 Se e S e c t i o n 2 . 1 2 Not applicable Pa c k e t Pa g e 11 7 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 7 0 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Me a s u r e m e n t M e t h o d Service Credit 3. 8 In s t a l l a t i o n 3. 8 . 1 O n - t i m e i n s t a l l a t i o n 97 % o f a l l i n s t a l l a t i o n s s h a l l me e t C o m m i t t e d I n s t a l l a t i o n Du e - d a t e s Se e S e c t i o n 2 . 1 3 Se e S e c t i o n 2 . 1 3 E a c h m o n t h t h a t [ P R O J E C T ] f a i l s t o meet the Objective by the amount indicated below, [PROJECT] will issue the following Service Credit to the Service Provider: (1) Below 98% but not below 95% then $45 per incident which missed the Commit-ted Due-date; (2) Below 95% then $90 per incident which miss the Committed Due-date. 3. 9 Se r v i c e M e t r i c 3. 9 . 1 T e c h n i c a l S u p p o r t R e s p o n s e Ti m e 85 % o f S e r v i c e P r o v i d e r ’ s t e l e - ph o n e c a l l s ( f o r i n s t a l l a t i o n an d / o r m a i n t e n a n c e ) c o n n e c t e d to [ P R O J E C T ] ’ s N e t w o r k O p - er a t i o n s C e n t e r w i t h i n 5 m i n - ut e s . Se e S e c t i o n 2 . 1 7 S e e S e c t i o n 2 . 1 7 Not applicable 3. 9 . 2 T e c h n i c a l S u p p o r t R e s o l u t i o n N o t i - fi c a t i o n t o S e r v i c e P r o v i d e r 10 0 % o f S e r v i c e P r o v i d e r ’ s tr o u b l e t i c k e t r e s o l u t i o n ( i . e . , ti c k e t c l o s e d ) w i l l b e n o t i f i e d t o SP w i t h i n 3 0 m i n u t e s o f a t i c k e t be i n g c l o s e d v i a a n a g r e e d u p o n no t i f i c a t i o n m e t h o d . Se e S e c t i o n 2 . 1 9 S e e S e c t i o n 2 . 1 9 N o t a p p l i c a b l e 3. 9 . 3 M e a n T i m e t o R e p a i r S e r v i c e O u t - ag e Me a n T i m e t o R e p a i r s h a l l n o t ex c e e d t h e t i m e s s p e c i f i e d i n th e S L A s . Se e S e c t i o n 2 . 1 8 S e e S e c t i o n 2 . 1 8 N o t a p p l i c a b l e 3. 9 . 4 % T r o u b l e T i c k e t s R e s o l v e d > 2 4 Ho u r s Le s s t h a n f i v e p e r c e n t ( < 5 % ) Se e S e c t i o n 2 . 1 9 Se e S e c t i o n 2 . 1 9 DM O Q P e r i o d – 2 4 h o u r s Not applicable 3. 9 . 5 % T r o u b l e T i c k e t s R e s o l v e d > 4 8 Ho u r s Le s s t h a n t h r e e p e r c e n t ( < 3 % ) Se e S e c t i o n 2 . 1 9 S e e S e c t i o n 2 . 1 9 DM O Q P e r i o d – 4 8 h o u r s Not applicable Pa c k e t Pa g e 11 8 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 7 1 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Me a s u r e m e n t M e t h o d Service Credit 3. 9 . 6 M i s s e d Ap p o i n t m e n t s Ze r o ( 0 ) To t a l n u m b e r o f t i m e s a n d r e a s o n s f o r [P R O J E C T ] ’ s t e c h n i c i a n f a i l i n g t o ke e p a s c h e d u l e d a p p o i n t m e n t w i t h an y R e t a i l S u b s c r i b e r w i t h i n t h e a p - po i n t m e n t w i n d o w . Se e S e c t i o n 2 . 1 3 On a n i n d i v i d u a l S u b s c r i b e r p e r Se r v i c e b a s i s , t h e t o t a l n u m b e r o f ti m e s a n d r e a s o n s f o r [ P R O J E C T ] fa i l i n g t o k e e p s c h e d u l e d a p - po i n t m e n t s f o r p r o f e s s i o n a l i n - st a l l a t i o n o r t e c h n i c i a n d i s p a t c h ap p o i n t m e n t s w i t h a n y R e t a i l Su b s c r i b e r , w i t h i n a c a l e n d a r mo n t h c o u n t e d e a c h r e p o r t i n g ca l e n d a r m o n t h . In the event [PROJECT] fails to appear at a Retail Subscriber’s Prem-ises for a scheduled installation or repair/maintenance appointment within the appointment window , [PROJECT] will, upon Service Pro-vider’s request, either (a) issue Ser-vice Provider $60 Service Credit, or (b) cancel the affected order without any cancellation charges. 3. 9 . 7 N o t i f i c a t i o n o f S c h e d u l e d N e t w o r k Up g r a d e o r M a i n t e n a n c e 10 0 % N o t i f i c a t i o n t o S e r v i c e Pr o v i d e r c o n t a c t s v i a e l e c t r o n i c ma i l o r o t h e r a g r e e d u p o n me t h o d f i v e ( 5 ) d a y s i n a d v a n c e th e s c h e d u l e d e v e n t Nu m b e r o f t i m e s [ P R O J E C T ] p e r - fo r m s s c h e d u l e d n e t w o r k u p g r a d e s o r ma i n t e n a n c e i n a c a l e n d a r m o n t h de f i n i t i o n o r n a t u r e o f O u t a g e pl a n n e d o u t a g e t i m e de f i n i t i o n o f a f f e c t e d s e r v i c e a r e a tr o u b l e t i c k e t n u m b e r Nu m b e r o f t i m e s s c h e d u l e d n e t - wo r k u p g r a d e s o r m a i n t e n a n c e im p a c t i n g R e t a i l S u b s c r i b e r s ’ Se r v i c e s o c c u r d u r i n g a c a l e n d a r mo n t h . T h i s n u m b e r i n c l u d e s a n y an d a l l o f [ P R O J E C T ] ’ s N e t w o r k or n e t w o r k s e r v i c e s . Not applicable 3. 9 . 8 N o t i f i c a t i o n o f U n s c h e d u l e d U p - gr a d e , M a i n t e n a n c e e v e n t 10 0 % N o t i f i c a t i o n t o S e r v i c e Pr o v i d e r c o n t a c t s v i a e l e c t r o n i c ma i l o r o t h e r a g r e e d u p o n me t h o d w i t h i n t e n ( 1 0 ) m i n u t e s of t h e s t a r t o f a n u n s c h e d u l e d ev e n t Nu m b e r o f m i n u t e s b e t w e e n [P R O J E C T ] ’ s n o t i f i c a t i o n t o S e r v i c e Pr o v i d e r a n d a n u n s c h e d u l e d n e t w o r k up g r a d e o r m a i n t e n a n c e e v e n t a n d t h e re s p e c t i v e i n c i d e n t de f i n i t i o n o f n a t u r e o f O u t a g e pl a n n e d o u t a g e t i m e nu m b e r o f S e r v i c e P r o v i d e r Re t a i l S u b s c r i b e r s i m p a c t e d tr o u b l e t i c k e t n u m b e r Nu m b e r o f m i n u t e s f r o m [P R O J E C T ] ’ s n o t i f i c a t i o n t o S e r - vi c e P r o v i d e r t o a f t e r t h e b e g i n - ni n g o f a n u n s c h e d u l e d n e t w o r k up g r a d e , m a i n t e n a n c e e v e n t , o r Ma j o r N e t w o r k I n c i d e n t . T h i s nu m b e r i n c l u d e s a n y a n d a l l o f [P R O J E C T ] ’ s N e t w o r k . o r n e t - wo r k s e r v i c e s Not applicable Pa c k e t Pa g e 11 9 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 7 2 4 N e t w o r k D i a g r a m s 4. 1 N e t w o r k C o r e a n d E d g e 1 0 0 M b p s Pa c k e t Pa g e 12 0 of 14 2 City of Edmonds Fiber Optic Network Page 73 EXHIBIT E Service Provider Service Level Agreements 1 OVERVIEW 1.1 This Exhibit E provides detailed descriptions of the Performance Metrics for Service Provider perform- ance, and is the basis for certain service level agreements between Service Provider and [PROJECT]. All Perform- ance Metrics are expectations of Service Provider’s performance and quality of customer services directly related to and in consideration of the use of [PROJECT]’s Network. For the purpose of these Performance Metrics, [PROJECT]’s Network can be viewed as a private carrier network to which Service Provider hands off/accepts traf- fic (1) for voice services; (2) for data services; and (3) for video services; collectively (“Services”). 1.2 In addition to any other rights under this Agreement, if any given Retail Subscriber (1) experiences an Out- age that continues for a period of more than five (5) Business Days after [PROJECT] delivers written notice to Ser- vice Provider of such Outage, or (2) experiences multiple Outages of the same Service, whether or not for the same reason, in any thirty (30) calendar day period, then upon written request from the Retail Subscriber, [PROJECT], in its sole discretion, may transfer the service connections to an alternate provider without the Retail Subscriber or [PROJECT] having any liability of any kind whatsoever for cancellation, termination or any other charges. 1.3 Service Provider will: 1.3.1 Use commercially reasonable efforts to remedy any delays, interruptions, omissions, mistakes, accidents or errors (“Defect” or “Defects”) and restore the Services as soon as possible after any Defect is reported to Service Provider. 1.3.2 Collect, measure, and report data to [PROJECT] for service, and operational Perform- ance Metrics described in Section 3. Service Provider will provide Metrics upon written request, using a Microsoft® Excel spreadsheet or other format mutually agreed to by [PROJECT] and Service Provider. Service Provider is responsible (at its expense) for providing any equipment, systems, and software neces- sary to collect and report such Metrics. 1.3.3 Analyze and improve processes, as necessary, to achieve Performance Metrics set forth in Section 3. 1.3.4 Measure Quality Metrics by means of Service Provider’s regularly scheduled Retail Sub- scriber satisfaction surveys which randomly sample Retail Subscribers for their opinions of Service Pro- vider service quality. 1.3.5 Collect Retail Subscriber complaint information on Services through its customer care center(s). Based on the first twelve (12) months’ of operations, a baseline num- ber of Retail Subscriber complaints will be established. Following that, [PROJECT] will es- tablish a performance metric for measurement during the Term of the Agreement. 1.3.6 Provide [PROJECT] with necessary customer information to allow [PROJECT] the opportunity to perform a similar survey of customer opinion as a comparative benchmark to evaluate Service Provider’s performance on the Network. Packet Page 121 of 142 City of Edmonds Fiber Optic Network Page 74 2 DEFINITIONS AND GENERAL PROVISIONS 2.1 “Metric” or “Service Metric” means the performance measures for specific Service Provider functions and includes the Description, Measurement Method, and Objective that define the capitalized term that is used through- out this Exhibit E. 2.2 “Description” means the specific Service Provider function to be measured. 2.3 “Measurement Method” means the tools, process and algorithms for determining Service Provider’s per- formance and the frequency of the measurement. 2.4 “Objective” means the level of performance that [PROJECT] expects Service Provider to achieve. 2.5 Repetitive non-compliance with any provision of this Exhibit E is a material breach of this Agreement and, in [PROJECT]’s sole discretion, may result in the termination or non-renewal of thereof. 2.7 “Retail Quality of Service (RQoS)” means the direct measure of quality for the Retail Services delivered over [PROJECT]’s Network. 2.8 “Retail Customer Premise Equipment (CPE)” means the equipment, such as, but not limited to, premise wiring performed by Service Provider, Service Provider routers, hubs or switches or other Service Provider equipment that will be installed by the Service Provider at the Retail Subscriber’s premise. 2.8 “Business hours” means 8:00 am to 5:00 PM Mountain Time on a Business Day. “Business Day” means Monday through Friday, excluding public holidays recognized in Utah. 2.9 “Outage” means Service(s) is/are interrupted such that there is a loss of performance (unable to properly utilize the Retail Services), or when [PROJECT] and Service Provider agree that Service is unfit or unavailable for use. 2.9.1 The following are excluded from Outages: • failure of components for which [PROJECT] and/or the Retail Subscriber(s) are responsible and are therefore not part of Service Provider’s Platform. • time that corrections cannot be made because Retail Subscriber, or access to those facilities are necessary for making the repair, are inaccessible • problems caused by Retail Subscribers’ negligence or misconduct, or by the negligence or mis- conduct of others authorized by the Retail Subscribers • problems resolved as “No Trouble Found” • scheduled Service Provider network upgrades and maintenance periods. The upgrades and main- tenance will be scheduled when Retail Subscriber Services are impacted minimally, typically from 12 AM to 6 AM local time. Furthermore, Retail Service Provider will notify [PROJECT] of such scheduled upgrades or maintenance periods as per 3.7.4 and 3.7.5 • any Service interruption or other transmission problem that is in whole or in part caused by or at- tributed to [PROJECT] or Service Provider’s Retail Subscriber unless Service Provider could have reasonably been able to avoid such Service interruption • other event defined under Article XI – Force Majeure in the body of this Agreement. Following a Force Majeure Event, Service Provider will use commercially reasonable efforts to promptly re- sume Services. 2.10 “Outage Duration” is the time in minutes that an Outage has occurred. An Outage begins when Service Provider opens a trouble ticket and ends when Service Provider notifies [PROJECT] that the problem has been re- solved and Retail Services are available to Retail Subscribers. Packet Page 122 of 142 City of Edmonds Fiber Optic Network Page 75 2.11 “Availability” means percentage of time RQoS meets defined performance metrics. Retail Services Aver- age Availability is measured performance of Service Providers Retail Services. Availability for each of the Retail Services are computed separately. Retail Services Average Availability is: 100__ ___Re1 ×⎥⎦ ⎤⎢⎣ ⎡−∑ TimeAvailableTotal durationsoutageServicetail Sum of Retail_Service_outage_durations = the total of the outage time, in minutes, of the Retail Subscribers’ Services during the reporting calendar month. Total_Available_Time = (days in the reporting calendar month) * (minutes per day). 2.12 Service Provider shall have an oversubscription rate at a level to provide Retail Subscribers with off-net throughput commensurate with Services purchased. Throughput demand on Service Provider connection shall not exceed available throughput except during infrequent moments of unusually high demand. It is anticipated Service Pro- vider will offer a 100 to 1 oversubscription, however this ratio will be adjusted to ensure throughput is commensu- rate with Services purchased. To monitor Throughput, the Service Provider will make at least 24 throughput measurements each day from [PROJECT]’s test access portals (“Access Portals”) to Speakeasy, MegaPath or other mutually agreed speed test site. 2.13 “Installation” means Service Provider will provide Committed Due Dates for scheduling of Service in less than or equal to the intervals from order date as shown below. {The following could be modified in conjunction with definitions contained within Service Provider install commitments} For pre-configured Services (voice, video, ISP data) to Residential Subscribers • Access Portal has been previously installed, no truck roll required: two (2) business days • Access Portal has been previously installed, truck roll required: seven (7) business days • Full install fiber and Access Portal installation is required: twelve (12) business days For pre-configured Services (e.g., voice, video, ISP data) to Business or MDU Subscribers • Access Portal has been previously installed, no truck roll required: two (2) business days • Access Portal has been previously installed, truck roll required: seven (7) business days • Access portal installation is required, premise construction has been previously installed, no inside wiring required: twelve (12) business days • Building entry not complete or Access Portal, conduit and/or inside wiring installation required: case-by-case basis Packet Page 123 of 142 City of Edmonds Fiber Optic Network Page 76 For custom services: case-by-case 2.13.1 A delayed installation will not counted under the following circumstances: • Installation is delayed at [PROJECT]’s request; or • Installation is delayed at the request of Retail Subscriber. • Retail Subscriber has not given [PROJECT] necessary access to the premises where installation is to be made or Retail Subscriber is not ready or not available to accept the Service until after the committed due date. • Service Provider has: • made reasonable efforts to consult with Retail Subscriber by telephone from the prem- ises where installation is scheduled to be made (or from a location near such premises); and • taken such further reasonable and prudent actions in an attempt to make installation as Service Provider may direct in the course of such consultation. • If Service Provider’s reasonable efforts to consult with Retail Subscriber as required above are unsuccessful, Service Provider shall notify [PROJECT] of the reason for the delay as soon as rea- sonably possible. • During a Force Majeure Event. 2.13.2 Voice installations requiring Local Number Port (“LNP”) should be coordinated closely with [PROJECT] and the prior voice provider to avoid telephone service disruption to the Retail Subscriber. Service Provider must have a backup plan in place in case of LNP failure. Backup plan must provide Retail Subscriber with telephone ser- vice until number can be ported. 2.14 For installations, Service Provider will: • Maintain sufficient CPE to fill Retail Subscriber order • If the Service Provider is managing and installing their own inside wiring, contact Retail Subscriber prior to the scheduled appointment • twenty-four (24) hours prior (up to 2 attempts) • 30 minutes prior to the schedule appointment • Arrive on site at Retail Subscriber premises within the appointment window • Install Service(s) as ordered • Update Retail Subscriber’s order status within 1 business day after the installation 2.15 Service Provider will collect and meet the following inventory Performance Metrics: • Notify [PROJECT] to provide additional [PROJECT] provided CPE materials within thirty (30) calen- dar days of anticipated depletion of its inventory. 2.16 “Repair and/or Maintenance at the Retail Subscriber Premises” means that a Service Provider technician visits the Retail Subscriber Premises to perform needed, requested and scheduled work on Services and associated Service Provider equipment. For at least ninety-five percent (95%) of all Repair and/or Maintenance appointments at the Retail Subscriber Prem- ises, Service Provider will: • Maintain sufficient CPE and supplies, as applicable, to complete necessary repairs • Contact Retail Subscriber prior to the scheduled appointment twenty-four (24) hours prior (up to 2 at- tempts) • Arrive on site at Retail Subscriber Premises within the appointment window • Repair/maintain Service(s) as ordered Packet Page 124 of 142 City of Edmonds Fiber Optic Network Page 77 Any Repair and/or Maintenance at the Retail Subscriber Premises that do not take place in accordance with the fore- going requirements will be performed in a reasonable timeframe and in a reasonable manner, taking into considera- tion the relevant circumstances. 2.17 Service Provider should provide quality support and technical assistance as follows: 2.17.1 Service Provider will provide a sufficient number of qualified staff to answer and respond to all technical support calls and direct trouble ticket system inputs from Retail Subscribers to meet the Objectives. The Perform- ance Metrics specify Objectives that include: (1) the target time for answering/responding to calls, (2) the percent- age of calls that shall meet the target and (3) the trouble resolution notification time to Service Provider. Service Provider’s telephone support and trouble ticket system shall be available twenty-four (24) hours a day, three hundred and sixty-five (365) days a year. During normal Business Hours, Service Provider shall accept calls from Retail Subscribers on all Service-related topics. Outside of normal Business Hours, Service Provider shall respond to calls relating to Service Provider Network and Service defects. The target time or duration is measured from the time Retail Subscriber’s telephone call enters the Service Pro- vider’s help desk routing queue until the time Retail Subscriber speaks to a technician who is capable of resolving the trouble or answering the question. 2.17.2 All employees of Service Provider are expected to be courteous, knowledgeable and helpful and to provide effective and satisfactory service in all contacts with Retail Subscribers. 2.17.3 Service Provider shall provide telephone coverage adequate to meet metrics outlined in 3.6.6, 3.6.7 and 3.6.8. 2.17.4 The Service Provider’s customer service representatives (“CSR”) shall have the authority to provide credit for interrupted service, for any violation of these Standards, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall contact the Retail Subscriber by the end of the next business day and shall at- tempt to resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the Retail Subscriber and Service Provider. 2.17.5 Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activ- ity during the billing period, including optional charges, rebates and credits. In case of a billing dispute, Service Provider shall respond to a written complaint from a Retail Subscriber within thirty (30) days. 2.17.6 Credits for Services will be issued no later than the Retail Subscriber’s next billing cycle following the de- termination that a credit is warranted. Refund checks (if applicable) will be issued promptly, but no later than ei- ther the Retail Subscriber’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or the return of the equipment supplied by the Service Provider (if applicable) if Service is terminated. 2.17.7 Service Provider shall provide clear instructions in written form (other forms are possible in addition to writ- ten) regarding use of the Retail Services. Service Provider must provide such written instructions to [PROJECT] prior to use in the field and work with [PROJECT] to create and accurate and mutually agreed upon Retail Sub- scriber documents. 2.17.8 Retail Subscribers will be notified of any changes in rates, Services, support hours or contact information, charges or channel positions (as applicable) as soon as possible in writing. Notice must be given to Retail Sub- scribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Service Provider. Packet Page 125 of 142 City of Edmonds Fiber Optic Network Page 78 2.17.9 Service Provider shall establish written procedures for receiving, acting upon, and resolving Retail Sub- scriber complaints, and crediting Retail Subscriber accounts and shall publicize such procedures through printed documents at Service Provider’s sole expense. Said written procedures shall prescribe a simple manner in which any Retail Subscriber may submit a complaint by telephone or in writing to Service Provider that it has violated any provision of this Exhibit E, any terms or conditions of the Retail Subscriber's contract, or reasonable business prac- tices. 2.18 “Mean Time to Repair (MTTR)” means the average time of the actual repair needed to restore Services. MTTR is measured in each reporting calendar month. Number of Retail Outages = Count of Retail Outages (Defined in Section 2.9) less Retail Outage Exclu- sions (Defined in Section 2.9.1) Retail SLA Response Window = time allowed under the specific RSLA to begin repair service (e.g. Next Business Day, Same Day, 4 Hour, etc). Unless otherwise specified in a written RSLA, the re- sponse window is Next Business Day. The RSLA Response Window is subtracted from each Out- age Duration. MTTR is calculated as follows: ⎟⎟ ⎠ ⎞ ⎜⎜ ⎝ ⎛∑ Outages Retail ofNumber Durations Outage Retail A separate MTTR is calculated for each committed RSLA Response Window. The MTTR is measured in the same units as the RSLA Response units (i.e. days or hours). 2.19 Retail Service Provider will strive to resolve trouble tickets as quickly as possible. The Retail Direct Measures of Quality (RDMOQs) addressing this are the percentage of trouble tickets that are resolved within either one or two days – the concern being those that remain open for longer periods. This metric has two measures: (1) the total num- ber of occurrences, and (2) the corresponding percentage that the total number reflects. RSLA Response Window and Repair Time are defined in Section 2.18. RDMOQ Period = 24 hours or 48 hours, depending on the metric Packet Page 126 of 142 City of Edmonds Fiber Optic Network Page 79 The percentage is calculated as follows: ()100 monthcalendar in the tickets troubleofnumber Total hrs 48 (2)or hrs, 24 (1)ithin month calendar ain resolved ticketstrouble ×⎟⎟ ⎠ ⎞ ⎜⎜ ⎝ ⎛∑w 2.20 Retail Service Provider will endeavor to provide quality services achieving Retail Subscriber retention rates below the industry average at an annual average of no more than 12%. This will be measured monthly, as described in 3.6.1 as follows: 1% monthcalendar theofday last theon ssubscriber ofnumber Total ______<=⎟⎟⎠ ⎞⎜⎜⎝ ⎛monthcalendarinonsCancellatiSubscriberofNumber Packet Page 127 of 142 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 8 0 3 S E R V I C E P R O V I D E R P E R F O R M A N C E M E T R I C S Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Measurement Method 3. 1 Se r - vi c e Av a i l ab i l - it y 3. 1 . 1 Re t a i l S e r v i c e - A v e r a g e Av a i l a b i l i t y 99 % a v a i l a b l e S e e S e c t i o n 2 . 1 1 Se e S e c t i o n 2 . 1 1 3. 2 In t e r - ne t Tr a n - si t Da t a -Qo S x 3. 2 . 1 Up l o a d a n d D o w n l o a d T h r o u g h p u t c o m p a - ra b l e t o a d v e r t i s e d pr o d u c t s Se e S e c t i o n 2 . 1 2 Se e S e c t i o n 2 . 1 2 3. 3 Re - ta i l Se r - vi c e In s t a l la - ti o n 3. 3 . 1 On - t i m e p r o v i s i o n i n g 97 % o f a l l i n s t a l l a - ti o n s s h a l l m e e t Co m m i t t e d I n s t a l l a - ti o n D u e - d a t e s Se e S e c t i o n 2 . 1 3 Se e S e c t i o n 2 . 1 3 Pa c k e t Pa g e 12 8 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 8 1 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Measurement Method 3. 4 Re t a i l M a r k e t i n g M e t r i c 3. 4 . 1 Re t a i l M a r k e t i n g R e s p o n s e Ti m e Wi t h i n 2 w e e k s o f ma r k e t r e a d y n o t i f i - ca t i o n S e r v i c e P r o - vi d e r w i l l l a u n c h ma r k e t i n g e f f o r t s . 3. 4 . 2 Re t a i l M a r k e t i n g F r e q u e n c y A t l e a s t e v e r y 6 mo n t h s S e r v i c e Pr o v i d e r s h a l l c o n - ta c t a l l n o n - su b s c r i b i n g m a r k e t - ab l e a d d r e s s e s t o of f e r S e r v i c e s 3. 5 Re t a i l S u b s c r i b e r R e t e n t i o n Me t r i c 3. 5 . 1 Re t a i l S u b s c r i b e r R e t e n t i o n Me t r i c Se r v i c e P r o v i d e r s wi l l r e t a i n R e t a i l Su b s c r i b e r s a t o r be l o w i n d u s t r y a v - er a g e c h u r n r a t e s . Se e s e c t i o n 2 . 2 0 Se e s e c t i o n 2 . 2 0 3. 6 Re p a i r M e t r i c s 3. 6 . 1 Me a n T i m e t o R e p a i r S e r v i c e Ou t a g e Me a n T i m e t o R e - pa i r s h a l l n o t e x c e e d th e t i m e s s p e c i f i e d in t h e R S L A s . Se e S e c t i o n 2 . 1 8 Se e S e c t i o n 2 . 1 8 3. 6 . 2 % R e t a i l T r o u b l e T i c k e t s Re s o l v e d > 2 4 H o u r s Le s s t h a n f i v e p e r - ce n t ( < 5 % ) Se e S e c t i o n 2 . 1 9 Se e S e c t i o n 2 . 1 9 RD M O Q P e r i o d – 2 4 h o u r s 3. 6 . 3 % R e t a i l T r o u b l e T i c k e t s Re s o l v e d > 4 8 H o u r s Le s s t h a n t h r e e p e r - ce n t ( < 3 % ) Se e S e c t i o n 2 . 1 9 Se e S e c t i o n 2 . 1 9 RD M O Q P e r i o d – 4 8 h o u r s Pa c k e t Pa g e 12 9 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 8 2 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Measurement Method 3. 6 . 4 No t i f i c a t i o n o f S c h e d u l e d Se r v i c e U p g r a d e o r M a i n t e - na n c e 10 0 % N o t i f i c a t i o n to [ P R O J E C T ] v i a el e c t r o n i c m a i l o r ot h e r a g r e e d u p o n me t h o d f i v e ( 5 ) d a y s in a d v a n c e t h e sc h e d u l e d e v e n t Wh e n e v e r S e r v i c e P r o v i d e r p e r f o r m s sc h e d u l e d s e r v i c e u p g r a d e s o r m a i n t e - na n c e n o t i c e s s h a l l i n c l u d e • de f i n i t i o n o f n a t u r e o f O u t a g e • pl a n n e d o u t a g e t i m e • nu m b e r o f S e r v i c e P r o v i d e r R e - ta i l S u b s c r i b e r s i m p a c t e d • tr o u b l e t i c k e t n u m b e r o r e v e n t re f e r e n c e Nu m b e r o f t i m e s s c h e d u l e d s e r v i c e up g r a d e s o r m a i n t e n a n c e i m p a c t i n g Re t a i l S u b s c r i b e r s ’ S e r v i c e s o c c u r du r i n g a c a l e n d a r m o n t h . T h i s n u m - be r i n c l u d e s a n y a n d a l l s e r v i c e s o n [P R O J E C T ] ’ s N e t w o r k . 3. 6 . 5 No t i f i c a t i o n o f U n s c h e d u l e d Up g r a d e , M a i n t e n a n c e e v e n t 10 0 % N o t i f i c a t i o n to [ P R O J E C T ] c o n - ta c t s v i a e l e c t r o n i c ma i l o r o t h e r a g r e e d up o n m e t h o d w i t h i n te n ( 1 0 ) m i n u t e s o f th e s t a r t o f a n u n - sc h e d u l e d e v e n t Wh e n e v e r S e r v i c e P r o v i d e r p e r f o r m s an u n s c h e d u l e d n e t w o r k u p g r a d e o r ma i n t e n a n c e e v e n t t h e n o t i c e s h a l l in c l u d e : • de f i n i t i o n o f n a t u r e o f O u t a g e • pl a n n e d o u t a g e t i m e • nu m b e r o f S e r v i c e P r o v i d e r R e t a i l Su b s c r i b e r s i m p a c t e d • tr o u b l e t i c k e t n u m b e r o r e v e n t re f e r e n c e Nu m b e r o f m i n u t e s f r o m S e r v i c e Pr o v i d e r ’ s n o t i f i c a t i o n t o [P R O J E C T ] ’ s t o a f t e r t h e b e g i n n i n g of a n u n s c h e d u l e d s e r v i c e u p g r a d e , ma i n t e n a n c e e v e n t , o r M a j o r S e r v i c e In c i d e n t . T h i s n u m b e r i n c l u d e s a n y an d a l l s e r v i c e s o n [ P R O J E C T ] ’ s Ne t w o r k . 3. 6 . 6 Te c h n i c a l S u p p o r t R e s p o n s e Ti m e 85 % o f R e t a i l S u b - sc r i b e r ’ s t e l e p h o n e ca l l s ( f o r i n s t a l l a t i o n an d / o r m a i n t e n a n c e ) co n n e c t e d t o S e r v i c e Pr o v i d e r w i t h i n 5 (f i v e ) m i n u t e s Se e S e c t i o n 2 . 1 7 Se e S e c t i o n 2 . 1 7 3. 6 . 7 Sa l e s R e s p o n s e T i m e 8 5 % o f p o t e n t i a l Re t a i l S u b s c r i b e r s sh o u l d w a i t n o m o r e th a n 3 ( t h r e e ) m i n - ut e s o n h o l d b e f o r e sp e a k i n g t o a s a l e s re p r e s e n t a t i v e . Se e S e c t i o n 2 . 1 7 Se e S e c t i o n 2 . 1 7 Pa c k e t Pa g e 13 0 of 14 2 Ci t y o f E d m o n d s F i b e r O p t i c N e t w o r k Pa g e 8 3 Pe r f o r m a n c e M e t r i c s Ob j e c t i v e De s c r i p t i o n Measurement Method 3. 6 . 8 Bu s y S i g n a l Un d e r n o r m a l o p e r - at i n g c o n d i t i o n s , t h e Re t a i l S u b s c r i b e r wi l l r e c e i v e a b u s y si g n a l l e s s t h a n 3 (t h r e e ) p e r c e n t o f th e t i m e . Se e S e c t i o n 2 . 1 7 Se e S e c t i o n 2 . 1 7 Pa c k e t Pa g e 13 1 of 14 2 City of Edmonds Fiber Optic Network Page 84 APPENDIX 5: COST & CARBON OFF-SET COMPUTATION In-Custody Hearings Court 1) In reviewing the in-custody calendar, there were two vehicles per week from January 1st through Septem- ber 30th. 2) There were three Friday hearings from January 1st through September 30th. Each hearing required two ve- hicles. 3) The City borrows a van from the City of Lynnwood which holds 10 inmates. The size of the vehicle used for the second set of inmates depends on the size of the transport. 4) 9 week sample (August and September) - estimates calculated based on the number of inmates transported a. 10 hearing days b. Average hearing day data i. Two vehicles 1. One way trip from the City of Edmonds police department to the City of Lynn- wood police department to the Snohomish County jail is 18 ½ miles. Round trip is 37 miles. 2. IRS mileage rate is $.485 3. Estimated cost for two round trips = $36 ii. 3.6 Officers 1. Transport officer average hourly wage = $ 50.38 2. An average of 4.5 hours per hearing day iii. Estimated average cost per hearing day: $852 1. $36 vehicle cost 2. $816 officer cost 5) Estimated annual transport savings per year: $47,710 a. Average number of hearings per year: 56 i. 4.67 hearings per month ii. 12 months b. Average transport cost per hearing $852 6) Estimated annual mileage savings – 4,144 miles a. Average number of hearings per year: 56 b. Round trip mileage for two cars per hearing: 74 miles 7) Estimated annual CO2 (tonnes) savings: 2.67 Packet Page 132 of 142 City of Edmonds Fiber Optic Network Page 85 Smart Metering Labor Cost 1) Meter Reader a. 62% time spent reading meters b. 21% time spent on maintenance c. 17% overhead time d. Hourly wage - $18.68, plus 30% for benefits - $24.28 e. Estimated salary savings $4,210 per month f. Estimated annual savings $50,521 2) Water Maintenance Worker II a. According to the current water maintenance technician, he spends approximately 30 to 50 % of his time on utility dispatches. In the calculation, 30% was used for the current processes. b. Hourly wage - $25.45, plus 30% for benefits - $33.09 c. Estimated current salary based on 30% equals $20,646 3) Utility Billing Technician a. According to the utility billing technician, she spends approximately 10% of her time on utility dispatch items that are associated with the actual reading of the meter. The following items are considered utility dispatches. i. Closing Bills ii. Re-reads iii. Leak Adjustments b. Hourly wage - $25.23, plus 30% for benefits - $32.80 c. Estimated current salary based on 10% equals $6,822 Equipment Rental 1) Vehicle cost per year based on July 2006-June 2007 vehicle expenditure data a. #128 WTR 2002 FORD F-250 PICK-UP (water maintenance worker II (#77) – 30% of actual ve- hicle usage) i. 381 average miles per month (10/19/2007) ii. Annual operation and replacement costs - $2,935 1. Operating costs - $2,161 2. Replacement costs - $774 b. #56 WTR 2000 GO-4 (meter reader scooter) i. 500 average miles per month (10/19/2007) ii. Annual operation and replacement costs - $5,981 1. Operating costs - $2,381 2. Replacement costs - $3,600 c. #38 WTR 1995 FORD PICKUP (meter reader) i. 541 average miles per month (10/19/2007) ii. Annual operation and replacement costs - $5,660 1. Operating costs - $3,860 2. Replacement costs - $1,800 Installation Costs 1) Cost Factors a. Radio read meter costs were obtained by Jim Waite, the Water/Sewer Manager. He obtained the cost from vendors the City currently uses. b. Labor costs are based on the number of unit installations per hour based on the size of the meter. Installation would be performed by a Water Maintenance Worker. i. Actual 2007 salary and benefits - $33.09 per hour ii. An overhead rate of $42.00 was used to calculate the labor costs. This figure was calcu- lated based on a methodology used by the water department in figuring out the amount of actual time worked during the period. c. The number of meters and the age of the meters were pulled from the Eden Utility Billing System. Packet Page 133 of 142 City of Edmonds Fiber Optic Network Page 86 2) Meters a. 29% of the City’s water meters are between 10 and 20 years old. The table below describes the estimated cost to replace these meters. Meter Size Number of Meters Number of meters between 10 and 20 years old Installation Time (number per hour) Per Unit Cost Labor Cost (10 to 20 Year Old Meters) Radio Read Meter Cost Material Cost (10 to 20 Year Old Meters) Cost to Replace (10 to 20 Year Old Meters) 5/8"9,026 2,598 3.00 14.00 36,372.00 240 623,520 659,892 1"449 127 2.00 21.00 2,667.00 300 38,100 40,767 1 1/2"201 94 1.00 42.00 3,948.00 500 47,000 50,948 2"202 74 1.00 42.00 3,108.00 1600 118,400 121,508 3"22 6 0.25 168.00 1,008.00 2000 12,000 13,008 4"55 16 0.25 168.00 2,688.00 3100 49,600 52,288 6"32 15 0.25 168.00 2,520.00 5500 82,500 85,020 8"51 30 0.10 420.00 12,600.00 9400 282,000 294,600 10,038 2,960 64,911.00$ 1,253,120.00$ 1,318,031.00$ b. 37% of the City’s water meters are greater than 20 years old. The table below describes the esti- mated cost to replace these meters. Meter Size Number of Meters Number of meters greater than 20 years old Installation Time (number per hour) Per Unit Cost Labor Cost (Greater than 20 Year Old Meters) Radio Read Meter Cost Material Cost (Greater than 20 Year Old Meters) Cost to Replace (Greater than 20 Year Old Meters) 5/8"9,026 3,403 3.00 14.00 47,642.00 240 816,720 864,362 1"449 181 2.00 21.00 3,801.00 300 54,300 58,101 1 1/2"201 50 1.00 42.00 2,100.00 500 25,000 27,100 2"202 32 1.00 42.00 1,344.00 1600 51,200 52,544 3"22 9 0.25 168.00 1,512.00 2000 18,000 19,512 4"55 3 0.25 168.00 504.00 3100 9,300 9,804 6"32 4 0.25 168.00 672.00 5500 22,000 22,672 8"51 10 0.10 420.00 4,200.00 9400 94,000 98,200 10,038 3,692 61,775.00$ 1,090,520.00$ 1,152,295.00$ c. 34% of the meters are not part of the replacement calculation Cost Comparison 1) Baseline and descriptions for meter reading at a central location a. The top portion of the baseline table exhibits meters that need to be replaced due to the fact they have exceeded their useful life, 20 years. b. The bottom portion of the baseline table exhibits meters that would benefit from replacement, 10 to 20 year old meters. Existing Baseline System Expense Description 2007 2008 2009 2010 2011 2012 2013 2014 Initial Meter Replacement Program 1,152,295.00$ Bi-Monthly Meter Reading Costs 50,520.60 51,783.615 53,078.205 54,405.161 55,765.290 57,159.422 58,588.407 60,053.117 Administrative Meter Reads 27,467.33 28,154.009 28,857.859 29,579.305 30,318.788 31,076.758 31,853.677 32,650.019 Vehicle Replacement Costs 6,174.00 6,328.350 6,486.559 6,648.723 6,814.941 6,985.314 7,159.947 7,338.946 Vehicle Maintenance Costs 8,402.20 8,612.255 8,827.561 9,048.250 9,274.457 9,506.318 9,743.976 9,987.575 1,244,859.13$ 94,878.23$ 97,250.18$ 99,681.44$ 102,173.48$ 104,727.81$ 107,346.01$ 110,029.66$ Expense Description 2007 2008 2009 2010 2011 2012 2013 2014 Total AMR Capital Costs 1,318,031.00$ Total AMR System O&M Costs Water Cost Savings from Meter Accuracy (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) Sewer Cost Savings from Meter Accurancy Bi-Monthly Meter Reading Costs 28,532.52 29,245.84 29,976.98 30,726.41 31,494.57 32,281.93 33,088.98 33,916.20 Administrative Meter Reads 13,634.63 13,975.49 14,324.88 14,683.00 15,050.08 15,426.33 15,811.99 16,207.29 Vehicle Replacement Costs 1,315.80 1,348.70 1,382.41 1,416.97 1,452.40 1,488.71 1,525.92 1,564.07 Vehicle Maintenance Costs 3,674.04 3,765.89 3,860.04 3,956.54 4,055.45 4,156.84 4,260.76 4,367.28 1,354,667.49$ 37,815.42$ 39,023.82$ 40,262.42$ 41,532.00$ 42,833.31$ 44,167.15$ 45,534.35$ c. Current labor costs - $77,989 i. Meter Reader salary and benefits for a total of $50,521 ii. 30% of the Water Maintenance Worker II salary and benefits for a total of $20,646 iii. 10% of the Utility Billing Technician salary and benefits for a total of $6,822 Packet Page 134 of 142 City of Edmonds Fiber Optic Network Page 87 d. Current annual vehicle costs – $14,576 i. Vehicle used by the water maintenance technician - $2,935 ii. Two vehicles used by the meter reader - $11,641 e. Smart metering labor costs - $42,167 i. Largest cost savings is in salaries and benefits ii. 33% of the meters would not be replaced and need manual reads. Based on the current time spent reading meters, which is 62%, the time needed to read these meters is 20% of the maintenance worker’s time ($14,080). iii. Maintenance would need to be continued at the same rate as the current meters – 21% of the maintenance worker’s time ($14,452). iv. Some administrative reads would be needed due to resident requests as well as reads for closing bills, misreads, and leak adjustments on the remaining 33% of the manual read meters. Based on the current time spent on administrative reads, which is 30%, the time needed to read these meters is 10% of the maintenance worker’s time ($6,813). v. The change in the utility billing technician’s time is zero. Administrative tasks cur- rently performed will decrease with the offset being new administrative tasks. 10% of the utility billing technician’s time is spent on utility dispatch issues ($6,822). f. Smart metering annual vehicle costs - one vehicle used by the water maintenance technician (51%) - $4,990 2) Baseline and descriptions for meter reading via automobile a. The top portion of the baseline table exhibits meters that need to be replaced due to the fact they have exceeded their useful life, 20 years. b. The bottom portion of the baseline table exhibits meters that would benefit from replacement, 10 to 20 year old meters. Existing Baseline System Expense Description 2007 2008 2009 2010 2011 2012 2013 2014 Initial Meter Replacement Program 1,152,295.00$ Bi-Monthly Meter Reading Costs 50,520.60 51,783.615 53,078.205 54,405.161 55,765.290 57,159.422 58,588.407 60,053.117 Administrative Meter Reads 27,467.33 28,154.009 28,857.859 29,579.305 30,318.788 31,076.758 31,853.677 32,650.019 Vehicle Replacement Costs 6,174.00 6,328.350 6,486.559 6,648.723 6,814.941 6,985.314 7,159.947 7,338.946 Vehicle Maintenance Costs 8,402.20 8,612.255 8,827.561 9,048.250 9,274.457 9,506.318 9,743.976 9,987.575 1,244,859.13$ 94,878.23$ 97,250.18$ 99,681.44$ 102,173.48$ 104,727.81$ 107,346.01$ 110,029.66$ Expense Description 2007 2008 2009 2010 2011 2012 2013 2014 Total AMR Capital Costs 1,318,031.00$ Total AMR System O&M Costs Water Cost Savings from Meter Accuracy (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) (10,520.50) Sewer Cost Savings from Meter Accurancy Bi-Monthly Meter Reading Costs 37,708.44 38,651.15 39,617.43 40,607.87 41,623.07 42,663.64 43,730.23 44,823.49 Administrative Meter Reads 13,634.63 13,975.49 14,324.88 14,683.00 15,050.08 15,426.33 15,811.99 16,207.29 Vehicle Replacement Costs 1,651.20 1,692.48 1,734.79 1,778.16 1,822.62 1,868.18 1,914.89 1,962.76 Vehicle Maintenance Costs 4,610.56 4,725.82 4,843.97 4,965.07 5,089.20 5,216.43 5,346.84 5,480.51 1,365,115.33$ 48,524.45$ 50,000.58$ 51,513.60$ 53,064.46$ 54,654.08$ 56,283.45$ 57,953.54$ c. Current labor costs - $77,989 i. Meter Reader salary and benefits for a total of $50,521 ii. 30% of the Water Maintenance Worker II salary and benefits for a total of $20,646 iii. 10% of the Utility Billing Technician salary and benefits for a total of $6,822 d. Current annual vehicle costs – $14,576 i. Vehicle used by the water maintenance technician - $2,935 ii. Two vehicles used by the meter reader - $11,641 e. Smart metering labor costs - $51,343 i. Largest cost savings is in salaries and benefits ii. 33% of the meters would not be replaced and need manual reads. Based on the current time spent reading meters, which is 62%, the time needed to read these meters is 20% of the maintenance worker’s time ($14,080). iii. One employee would spend one to two days driving around the city scanning the me- ters. It would take approximately 13% of the maintenance worker’s time ($9,176) Packet Page 135 of 142 City of Edmonds Fiber Optic Network Page 88 iv. Maintenance would need to be continued at the same rate as the current meters – 21% of the maintenance worker’s time ($14,452). v. Some administrative reads would be needed due to resident requests as well as reads for closing bills, misreads, and leak adjustments on the remaining 33% of the manual read meters. Based on the current time spent on administrative reads, which is 30%, the time needed to read these meters is 10% of the maintenance worker’s time ($6,813). vi. The change in the utility billing technician’s time is zero. Administrative tasks cur- rently performed will decrease with the offset being new administrative tasks. 10% of the utility billing technician’s time is spent on utility dispatch issues ($6,822). f. Smart metering annual vehicle costs - one vehicle used by the water maintenance technician (64%) - $6,262 3) Carbon reduction - the following estimates are based on #56WTR and #38WTR not being used for meter reading and maintenance. a. Estimated annual mileage savings 12,492 b. Estimated annual CO2 (tonnes) savings: 5.67 c. Estimated annual vehicle cost savings $11,640 Packet Page 136 of 142 AM-1607 2.D. Cable Franchise Fee Ordinance City Council Committee Meetings Date:06/10/2008 Submitted By:Kathleen Junglov, Administrative Services Time:10 Minutes Department:Administrative Services Type:Action Committee:Finance Information Subject Title Cable Franchise Fee Ordinance. Recommendation from Mayor and Staff Forward ordinance to full council for approval. Previous Council Action None. Narrative Current city code states the cable franchise fee will be charged at 3%. Additionally providers will be charged a 3% utility tax. This is inconsistent with current practice. The attached ordinance updates the code to charge a 5% franchise fee and a 1% utility tax. Fiscal Impact Attachments Link: Cable Franchise Fee Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 06/05/2008 11:49 AM APRV 2 City Clerk Linda Hynd 06/05/2008 12:27 PM APRV 3 Mayor Gary Haakenson 06/05/2008 12:40 PM APRV 4 Final Approval Linda Hynd 06/05/2008 02:46 PM APRV Form Started By: Kathleen Junglov  Started On: 06/05/2008 11:10 AM Final Approval Date: 06/05/2008 Packet Page 137 of 142 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 3.20.050 TO CHANGE THE FRANCHISE FEE AND UTILITY BUSINESS LICENSE TAX RATE FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, PROVIDING FOR SEVERABILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the cap on franchise fee on cable operators has changed from three percent to five percent; and WHEREAS, in addition to franchise fee, the City may also charge a utility business license tax on cable operators; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds City Code Section 3.20.050, Occupation Subject to Tax - Amounts. is hereby amended to read as follows: 3.20.050 Occupation Subject to Tax - Amounts. . . . E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as cable television franchisees, are herby levied a franchise fee of five percent (five percent maximum), as authorized by 47 U.S.C. §542(a) and RCW 35.21.860, on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax, as authorized in part by 47 U.S.C. §542(g)(2)(A), is hereby levied equal to one percent (six percent maximum) on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. - 1 - Packet Page 138 of 142 Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. Part of this ordinance being subject to referendum as set forth in RCW 35.21.706, any duly qualified person may file a referendum petition with the city clerk within seven (7) days after the passage of this ordinance. In the event that such a petition is filed, the city clerk shall, within ten (10) days, confer with the petitioner regarding the form and style of the petition, secure an accurate, concise, and positive ballot title from the city attorney, and assign an identification number to the petition. Thereafter, the petitioner shall have thirty (30) days within which to gather signatures from not less than fifteen percent (15%) of the city's registered voters as of the last municipal general election. In the event that no referendum petition is filed within seven (7) days after the passage of this ordinance, this ordinance shall take effect five (5) days after publication of an approved summary thereof consisting of the title or after seven (7) days after the passage of this ordinance, whichever is later. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: - 2 - Packet Page 139 of 142 BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. - 3 - Packet Page 140 of 142 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 3.20.050 TO CHANGE THE FRANCHISE FEE AND UTILITY BUSINESS LICENSE TAX RATE FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, PROVIDING FOR SEVERABILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2008. CITY CLERK, SANDRA S. CHASE - 4 - Packet Page 141 of 142 AM-1609 3.A. Change Handicap Parking to a 4-Hour Limit City Council Committee Meetings Date:06/10/2008 Submitted By:James Lawless, Police Department Submitted For:Gerry Gannon Time:15 Minutes Department:Police Department Type:Information Committee:Public Safety Information Subject Title Change handicap parking to 4 hour limit. Recommendation from Mayor and Staff We (Police and Parking Committee) recommend not affixing a time limit to handicap parking spaces. Previous Council Action None. Narrative Members of the community are requesting that a 4 hour time limit be affixed to handicap parking spaces. This is allowed by RCW, however, our recommendation is that we do not affix time limits. Issues are enforcement, negative publicity, and true need to limit handicap parking. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 06/06/2008 09:42 AM APRV 2 Mayor Gary Haakenson 06/06/2008 10:34 AM APRV 3 Final Approval Sandy Chase 06/06/2008 12:07 PM APRV Form Started By: James Lawless  Started On: 06/06/2008 09:28 AM Final Approval Date: 06/06/2008 Packet Page 142 of 142