04/11/2011 Council Packet - Laserfiche WebLink

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• • • Vi & • Section VI, as revised, also empowers a municipality to require Zayo to remove its equipment from a co- location site, upon request, if the municipality cancels connectivity service at that site, within an agreed upon timeframe not to exceed 180 days. The underlying right to use a co- location site would terminate with the removal of Zayo's equipment. • The County revised the insurance language in the connectivity service agreement to comport with recommendations made by the League of Minnesota Cities Insurance Trust. • Section XIV of the connectivity service agreement was revised to enable municipalities to terminate connectivity service at a particular co- location site (and cease payment of associated fees) without terminating the entire agreement, after providing 60 days' written notice to the County and Zayo. Notwithstanding the foregoing changes and improvements, the Final Agreement still contains some major deficiencies, as a result of the County's unwillingness to address fundamental problems in the MSA and other issues that apparently were not contemplated at the time the Connect Anoka County project was initiated. For example: • Zayo still is not a party to the Final Agreement, even though it remains responsible for almost all performance under the Final Agreement (e.g., provision of service, repair and maintenance of the network, responding to service problems, etc.). Because Zayo is not a party to the Final Agreement, it is likely that enforcement issues will arise over time because the municipalities will likely only have legal recourse against the County, which may be ineffective in many cases (e.g., if there is a service deficiency, the County cannot directly rectify it, because the County is not providing the connectivity service). Moreover, the County's ability to require Zayo to perform is circumscribed by its flawed MSA with Zayo, which further compounds potential enforcement problems and delays. • The concept of "connectivity services" is still not well defined in the Final Agreement. Accordingly, it is not clear precisely what services municipalities would be buying and receiving, and what expectations they could have concerning connectivity services. • Zayo and Anoka County are not guaranteeing service speeds or quality of service in the Final Agreement. Consequently, municipalities could be paying for services they are not actually getting, or receiving services that do not consistently meet their needs, particularly for mission critical applications. That said, the Final Agreement now contains language that permits a municipality to terminate service at a particular site after providing 60 days' written notice to the County and Zayo. However, this early termination option may not be helpful if a municipality has come to rely on the Zayo system or if alternative services are too expensive. • Anoka County's and Zayo's proposed service level standards would allow portions of the Zayo system and certain connectivity services to be down for approximately 500 minutes a year, which could lead to serious problems for mission critical applications and