AGENDA MEMORANDUM

Meeting Date:           February 25, 2008

From:                          Kevin Cochrane, Communications Manager              

Subject:                      Resolution amending the current  Data Transport Service Agreement form. 

Staff Recommendation:

Staff recommends approving a resolution to amend the current Data Transport Service Agreement form used as the contract to provide Data Transport Services, Leased Fiber Service, and Internet T-1 Service.

Analysis:

The amended Data Transport Service Agreement will add Section 10D to provide for reimbursement to the City for installation costs if the customer cancels the agreement before the City has received revenue equaling the City’s investment in the installation of the fiber optic services. The customer will receive credit for the months the agreement has been in place, and will reimburse the City for the remainder of the installation cost. Additionally, Paragraph 3C will be changed to   allow the City to provide ongoing service on a single strand of fiber instead of a pair of fiber. Due to technology improvements over the last several years, the City will be able to provide the same level of service on a single strand, and also be able to expand capacity of the network.

Options:

1.  Adopt a resolution amending the  Data Transport Service Agreement form; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact: 

The change to the DTS agreement form will allow the City to take advantage of current technology which allows  the same level of service that formerly required two strands, on single strands of fiber. This will increase the City’s capacity at a very low cost. The agreement will also allow the City to recover costs for installation of the customer’s fiber optic services in the event the contract is terminated before installation costs have been recovered.

Submission Date and Time:    2/20/2008 1:47 PM____

Department: IT / Communications Prepared by:  Kevin Cochrane                       Attachments:         Yes X  No Advertised:   ____Not Required  X                     Dates:   __________________________                      Attorney Review :       Yes X  No ____ _________________________________            Revised 6/10/04

Reviewed by: Dept. Head ________ Finance  Dept. ___JB_____________                                    Deputy C.M. ___________________                                           Submitted by: City Manager ___________________

Account No. _N/A Project No. ___________________ WF No. ______________________ Budget  ______________________ Available _____________________

RESOLUTION NO._______________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE DATA TRANSPORT SERVICES AGREEMENT FORM TO PROVIDE FIBER OPTIC SERVICE ON INDIVIDUAL STRANDS OF FIBER, AND PROVIDE FOR REIMBURSEMENT TO THE CITY OF INSTALLATION COSTS IN THE EVENT OF CONTRACT TERMINATION. AND PROVIDING AN EFFECTIVE DATE.

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:

            THAT the City Commission hereby approves the amended  data transport services agreement form to provide fiber optic service on individual fiber strands, and provide for reimbursement of installation costs to the City in the event of contract termination

 THAT this resolution shall become effective immediately.

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _25th____ day of __February__ 2008.

                                                                            __________________________

                                                                             Mayor

ATTEST:

__________________________

City Clerk