Agency Name: ________________________________
Agency Code: _____
Department of Information Resources
WAN SERVICES AGREEMENT
This WAN Services Agreement is between the Department of Information Resources/
Telecommunications Division (DIR/TD) and the Customer. It is the intent of the parties to
comply with the provisions of Texas Government Code Chapter 771, Interagency
Cooperative Act and/or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10,
Subtitle D, Chapter 2170, Telecommunication Services, Texas Government Code.
I. DIR/TD Responsibilities
1.1. DIR/TD agrees to provide Customer with connectivity through various transmission methods to
the TEX-AN WAN network for specific communications services including WAN data services
and/or equipment (hereinafter “WAN services”). WAN Service descriptions are attached hereto as
1.2. DIR/TD will assist and advise the Customer in determining the best, secure and most
economical usage of services.
1.3. DIR/TD will bill monthly for services as required and respond to inquiries regarding
DIR/TD shall commence billing for services as they are provisioned.
1.4. All network analysis, including initial network design and subsequent re-designs necessitated
by moves or expansions, will be provided within seven work days following Customer submitting
written acceptance of the Cost Recovery estimate provided by DIR/TD.
1.5. DIR/TD will provide monitoring, diagnosis, security and restoration of service for all WAN
components. DIR/TD staff will coordinate repair activities involving Telephone Company and other
vendor’s personnel as stated in the DIR/TD Service Level Agreement shown on Attachment B,
services procured under this agreement.
1.6. If the diagnosis of a Customer reported WAN problem indicates the failure to be in a non-
supported element (e.g., CUSTOMER provided equipment, PC, software, etc.), DIR/TD will notify
Customer of findings and close the trouble call.
II. Customer Responsibilities
2.1 A. Local Government Customers will provide Purchase Orders (PO's) to DIR/TD for services, as
ordered, which shall be valid for the entire term of this Service Agreement. Customer shall comply
with the DIR rules applicable to the Telecommunications Division, 1 TAC Chapter 207, as the same
may be amended from time to time.
B. State Agency Customers are not required to issue a Purchase Order to support this Agreement;
however, no services shall be provided unless a WAN Services Agreement is executed.
2.2 Customer has the responsibility to cooperate and coordinate with DIR/TD in a timely manner so as to
avoid delaying DIR/TD in the provisioning of and billing for ordered services. Specifically, it is the
Customer's responsibility to designate, in a timely manner, the type of service desired and provide DIR/TD
with information, which may effect technical, logistical, engineering, or equipment aspects of service
delivery. Customer shall keep DIR/TD promptly informed of its current billing contact, address, telephone
v. 1.0 Sept 05
numbers, Purchase Order numbers, eligibility status and technical contact, and changes to any of
the foregoing. Customer understands and agrees that its failure to timely perform its duties, which
delay DIR/TD in the delivery of ordered services, is not a condition of Force Majeure.
2.3 Payments will be made in full within 30 calendar days of receipt of an invoice or voucher
prepared by DIR/TD. Customer represents that it possesses sufficient current revenues to satisfy the
timely payment of goods and services provided by DIR/TD hereunder. In all events, Customer shall
be billed for and shall pay in a timely manner for all services actually ordered and received up
through the effective date of termination of services. Customer shall be responsible for issuing and
maintaining the status of PO’s. Customer agrees it has no rights to setoff against bills received from
DIR/TD. Customer’s covenant to pay survives termination of this Service Agreement.
2.4 Security. A. Customer is responsible for the operation and operational security of its premise
equipment unless WAN Site Operations and Management Option Services have been purchased.
B. Not with standing subparagraph A above, at all times, Customer is responsible for the physical
security of all equipment located at, in or near its facility.
C. Customer agrees to establish DIR/TD-approved security procedures to safeguard data from
unauthorized access or disclosure. Customer procedures will include investigation and analysis of
suspected security violations. Customer security point of contact will notify DIR/WAN Security
Manager within five (5) business hours upon confirming a critical security violation. A critical
security violation is one which compromises State/DIR/TD data or information resources or the
Customer computing equipment used to access State/DIR/TD data or information resources, or any
activity that could negatively impact the Health and Human Services Consolidated Network
(DIR/TD) operability or other DIR/TD Customers. A written description of the violation will be
provided to DIR/WAN Security Manager within five (5) working days. The report will include a
description of the incident, the impact to State data or information resources, and the response
activities to mitigate the incident and protect against reoccurrence.
D. Customer is responsible for assuring adequate network security to protect against intrusion by
unauthorized users, including installation and periodic updates of protective virus screening software
and operating system/application security patches. Customer will implement measures, as
appropriate, to protect the integrity of the DIR/TD.
E. In the event of network incidents during normal business hours (7:00 am through 7:00 pm)
including virus incidents, that pose a critical threat to either network traffic or to other connected
systems on the DIR/TD, and where the Customer determined to be the source of the critical incident,
the Customer must remedy the situation within two (2) hours of notification from the DIR/TD to the
designated incident contact, or service will be terminated. Service will be terminated immediately if
the incident poses a dire threat to the DIR/TD (e.g. downing a router, propagating a virus).
In the event of a critical incident during non-business hours where the Customer is determined to be
the source of the incident, service will be terminated and notice will be given to the Customer’s
designated incident contact. In all cases of a critical incident, a written report will be provided to
DIR/WAN Security Manager within two (2) working days. (See Customer Responsibilities, 2.4 C).
F. The DIR WAN technical team has the authority to scan any IP addresses assigned through the
DIR/TD. Network scanning is the process of transmitting data through a network to elicit
responses in order to determine the configuration state of the components of the information
system. Network vulnerability scanning is the scanning of an information system to determine
the presence of security vulnerabilities. The DIR/TD technical team will, from time to time,
conduct network scans and network vulnerability scans of devices attached to the DIR/TD.
Information gathered will be used for network management, including notifying owners of
vulnerabilities, determining incorrectly configured systems, validating firewall access requests,
and gathering network census data. Except as provided above, no network scans or network
v. 1.0 Sept 05
vulnerability scans may be conducted except by the owner of the information resource being scanned.
In no case may a Customer conduct network scanning across a router maintained by the DIR/TD.
2.5 Customer is a qualified entity to receive goods and services from DIR/TD. Services will
terminate without liability to DIR/TD should Customer's eligibility status change during the term of
this Service Agreement.
2.6 Liability. CUSTOMER agrees to accept financial and other liability for (a) damage, theft,
unauthorized use, or misuse of DIR/TD equipment, hardware, software, services, or data when such
damage, loss, unauthorized use, or misuse is the result of actions or negligence of CUSTOMER,
employees, contractors, or agents whether authorized or unauthorized, pursuant to this contract or (b)
ineffective safeguarding of equipment, hardware, software, services, or data.
A. Local Government Customer. The term of this WAN Services Agreement begins on the
Effective Date and is in effect for the period through the end of the state’s current fiscal year. The
WAN Services Agreement is annually renewable by the timely issuance of a PO by Local
Government Customer, received prior to the end of the current contract term. In the event a new PO
is not received in a timely manner, services will continue on a month-to-month basis until a new
Purchase Order is received or termination of the WAN Services Agreement is effected by compliance
with Article V.
B. State Agency Customers. The term of this WAN Services Agreement shall be from its Effective
Date and shall remain in effect until terminated in accordance with Article V.
4.1 DIR/TD’s first month's billing for any circuits provisioned will commence on the date
provisioning is completed.
4.2 DIR/TD will cease billing circuits on the date disconnection is completed.
4.3 In compliance with Title I, Chapter 207, Rule number 207.5, of the Texas Administrative Code:
Customer’s billing dispute timing and payment obligations shall track those found in the Prompt Payment
Act, Chapter 2251, Texas Government Code.
4.4 If Telephone Company or other vendor repair personnel are dispatched for a failure initiated or
caused by Customer, Customer will be responsible for all subsequent billing(s).
4.5 Costs of all circuit leases, connection fees, and services for offices shared among multiple
agencies will be allocated equally to the collocated agencies.
4.6 Costs of circuit expansions at each shared site needed to meet required bandwidth will be equally
divided between all agencies at the site. Customer staff will participate in all decisions related to
4.7. In the event that network traffic requirements exceed the existing provision at any nodal site,
new equipment/service will be acquired and costs allocated by DIR/TD.
v. 1.0 Sept 05
V. Termination and Amendments
5.1 TD may provide notice of intent to terminate this Service Agreement for convenience by sending
a written statement to that effect, which shall be received by Customer no less than thirty (30) days
prior to the Effective Date of termination. TD may terminate any Service Agreement for cause, with
an immediate Effective Date, by issuing written notice to Customer, upon failure of Customer to
make timely payment of bills.
5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience
by sending a written statement to that effect, which shall be received by DIR/TD no less than thirty
(30)days prior to the Effective Date of termination. A Customer request to change a service shall not
take effect until Customer provides written notice to DIR/TD of any changes to ordered services. If
DIR/TD does not receive written notification, the Customer will continue to be billed monthly until
proper notification is received. No written termination notice shall be effective prior to the expiration
of thirty (30) days after receipt by DIR/TD.
5.2 Amendments to this Service Agreement shall only be effective upon execution of an instrument
in writing by authorized representatives of DIR/TD and the Customer.
VI. Other Conditions of Service
6.1 Service rates are subject to change by DIR/TD upon 30-days written notice to Customer.
6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this
6.3 If service and/or communications projects are canceled at any time prior to completion,
Customer shall be responsible for all actual costs incurred by DIR/TD up to the date of cancellation.
DIR/TD will bill the Customer for these costs. Customer’s covenant to pay shall survive the
cancellation of a project.
6.4 DIR/TD relies on third party contractors for the fulfillment of services contracted for hereunder.
Therefore, DIR/TD makes no independent warranties or guarantees; express or implied, regarding
6.5 The following terms have the meaning indicated for purposes of this Service Agreement:
“Force Majeure” means the parties’ performance under this Service Agreement shall be adjusted or
suspended by mutual agreement to the extent performance is beyond the reasonable control of the
parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood, lightning,
government action, acts of God or public enemy, delays of power company, local exchange company,
or other carrier. Failure of Customer to coordinate and cooperate so as to delay DIR/TD is not an
event of Force Majeure. In the event of Force Majeure, the sole and exclusive remedy to the party
suffering the delay shall be an equivalent extension of the time for performance. The parties shall
document to one another the onset of events of Force Majeure within three days of their onset.
“Provision” and “provisioning” means DIR/TD has acquired arranged for or provided at the
Customer’s site, the equipment, supplies or other items necessary to provide the ordered service(s),
but does not mean the actual act(s) of turning up the ordered service(s).
“Effective Date” shall be the date as established on the signature line of the WAN Services
v. 1.0 Sept 05
VII. Customer Service Resources
Customer Service Resources may be found at www.dir.state.tx.us/tsd/contact.htm Inquiries
regarding this Service Agreement may be directed to DIR, Service Delivery Division, at (512)
VIII. Attachments to Agreement
A. WAN Services Descriptions
B. Services Procured Under this Agreement
C. Initial Cost Recovery Rates
Customer hereby agrees to the terms and conditions of this WAN Services Agreement;
represents that the official executing this Service Agreement is authorized to bind the
Customer to its terms; and that Customer has completed all of its internal processes to make
this a binding undertaking on the part of Customer.
This WAN Services Agreement is executed to be effective as of September 1, 2005.
__________________________________ DEPARTMENT OF INFORMATION
BY: __________________________________ BY: _______________________________
NAME: _______________________________ NAME: Cindy Reed, Interim Director
TITLE: _______________________________ TITLE: Service Delivery Division, DIR
DATE: ________________________________ DATE: ____________________________
v. 1.0 Sept 05
Attachment A - Service Descriptions - Network Services
WAN Backbone Connect provides attachment to the WAN at the nodal site and includes:
Network interface devices (as necessary), Nodal site router ports, Nodal site DSUs, Nodal site
CSUs, Backbone data circuits, Nodal demarcation extensions, Multiplexers, Fiber rings in State
Office/Brown-Heatley, Backbone data circuits, and Dial-up. NOTES: 1. This service is
required for connection to the WAN. 2. The one-time charge will include network analysis,
administrative support, and direct costs charged by vendors for required equipment.
WAN Backbone Operation & Management provides the operation, maintenance, and
management of the WAN backbone including: Network management system, Enterprise
Service Desk intake/logging/referral/escalation and resolution,, Support and troubleshooting of
WAN backbone equipment, Internet access, IP address server, CAPNET access, Dial-in support,
IP address assignment, primary Domain Name Server (DNS) service, New technology
identification/ selection/integration, Backbone capacity planning/ management/monitoring
service, and Maintenance of nodal site backbone equipment. NOTES: 1. This service is required
for connection to the DIR/TD. 2. Recurring charges are based on the WAN connection type.
WAN Circuit - Connect provides the installation of data circuits. NOTES: 1. Requires WAN
Site Connect service. 2. Charges are one-time. 3. An expedite surcharge will be assessed for
circuit requests not received within established time frames.
WAN Circuit - Recurring provides the servicing, leasing, and other recurring services
associated with data circuits. NOTES: 1. Requires WAN Site Connect service. 2. Charges are
WAN Circuit Operation & Management provides the administrative support required to order,
process, bill, monitor, and track data circuit acquisitions and the management of the data circuits.
It includes: DSU/CSU configuration management, DSU/CSU performance management to
ensure maximum reliability, DSU/CSU alarm and error capturing, Data circuit capacity
management to ensure optimum remote site performance, Monitoring/managing/trouble-shooting
tail circuits and local office communications equipment,, Enterprise Service Desk intake/
logging/referral/escalation and resolution, Acquisition and upgrades of network management
system, Maintenance of applicable hardware and software, Access to archived problem reports
for trend analysis, New technology evaluation/ selection/integration and implementation
planning, and Implementation planning and coordination of equipment shipments between
vendors and local offices.
NOTES: 1. Requires WAN Site Connect 2. Recurring charges are based on the WAN
WAN Site Connect provides all support required to attach a remote site to a WAN. It includes
network analysis, administrative support, and the following hardware and software elements:
Digital Service Units (DSUs), Channel Service Units (CSUs), Site router, Network interface
devices (as necessary), Communications server, Gateway software, Workstation-resident
software for WAN communications, e.g. Windows-based Internet access software/Internet
protocol (IP) stacks for workstations. NOTES: 1. This service is available only in combination
with WAN Circuit Operation & Management (includes site DSU/CSU) and/or WAN Site
Operation & Management (includes router). 2. The one-time charge will include network
analysis, administrative support, and direct costs charged by vendors for required equipment.
v. 1.0 Sept 05
WAN Site Operation & Management provides services associated with establishing effective
and efficient connectivity between the site and the WAN node. Services include: Router
performance management to optimize router memory/CPU utilization/interfacing, Router
performance monitoring and capture/reporting of alarms and errors, Router configuration/
maintenance/management (including IP addressing/router protocols/off-site backup of the
configuration and upgrades to new software levels), Router capacity management and analysis to
determine needed capacity and subsequent procurement/ installation of required additional
memory and CPU upgrades, Maintenance of hardware and software required to provide
attachment to WAN (see WAN Site Connect for listing of products maintained), Network
management system upgrades, Enterprise Service Desk intake /logging /referral /escalation/
resolution, Capacity planning and monitoring service, Access to archived problem analysis for
trend analysis, Maintenance management, New technology evaluation/ selection/ integration/
implementation planning, and Project management of equipment shipments between vendors and
local offices. NOTES: 1. Recurring charges are based on the WAN connection type.
TECHNICAL EXPERTISE SERVICES
Telecommunications Analyst provides technical support in developing solutions to functional
requirements independent of any WAN service offering. Available services include
Implementation planning, Capacity modeling & planning, Contingency planning, Disaster
recovery planning, Hardware maintenance planning, Performance management, and new
technology evaluation and planning.
NOTES: 1. Charges are on a per-hour basis.
v. 1.0 Sept 05
Attachment B – Services Procured under this Agreement
a. DIR/TD will provide the following ongoing Operation & Management (O&M) services at
the rates schedule in Attachment C
• WAN Backbone O&M
• WAN Remote O&M
• WAN Circuit O&M
• Current monthly recurring costs, subject to change, are estimated at $ ________ /Month
b. Service Level Agreement (DIR/TD Objectives):
• Provide CUSTOMER with Internodal Communications (backbone) through the network
WAN backbone at an average availability rate of 99.8% during Prime Time and 99.25%
during Non-Prime Time.
• Provide CUSTOMER with Intranodal Communications through the WAN at an average
availability rate of 99.725% during Prime Time and 99.5% during Non-Prime Time.
• Provide CUSTOMER with individual circuit communications at an average availability
rate of 99% during Prime Time and 98% during Non-Prime Time.
v. 1.0 Sept 05
Attachment C - Cost Recovery Rates
DIR/TD WAN Service Descriptions Units FY06
WAN BACKBONE OPERATION & T-1 214.15
WAN CIRCUIT OPERATION & MGMT* T-1 42.88
WAN SITE OPERATION & MGMT* T-1 49.38
TELECOMM ANALYST Hour 112.00
VIRTUAL PRIVATE NETWORK User 3.00
WAN SITE CIRCUIT (carrier pass through + Circuit Actual cost + admin fees
• These FY06 rates are preliminary and subject to change.
• Operation & Mgmt rates are based on a T-1 Channel. If other types of circuits are added
or substituted, a multiplier will be used to compute the Operation & Mgmt charges
depending upon the type of circuit.
v. 1.0 Sept 05