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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-062 Enterprise Svcs Agmt for Dark Fiber SvcsTemp. Reso. #13788 May 10, 2022 Pagel of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - G(a,_2— A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN ENTERPRISE SERVICES AGREEMENT WITH COMCAST FOR PROVISION OF DARK FIBER SERVICES, PAID MONTHLY AT A RATE OF $3,360 PER MONTH, HAVING A PROJECTED TOTAL COST NOT TO EXCEED $45,000 INCLUSIVE OF APPLICABLE TAXES, FEES AND GOVERNMENT SURCHARGES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ASSOCIATED CONTRACT DOCUMENTS; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, technology is one of the key components in the efficient delivery of City services, and the City's network infrastructure is critical to ensuring continued operations; and WHEREAS, the City utilizes Dark Fiber Services to provide reliable and high-speed network connectivity to City facilities; and WHEREAS, Comcast currently maintains said Dark Fiber Services, previously provided to the City at no cost as part of the City's prior Franchise Agreement with Comcast; and WHEREAS, due to the Consumer Choice Act of 2007 — State of Florida Statutes, Chapter 610 - Cable and Video Services — , municipalities no longer Temp. Reso. #13788 May 10, 2022 Page 2 of 4 possess authority to grant cable or video services franchises, and franchise authority has instead shifted to the State of Florida; and WHEREAS, Comcast now requires that the City contract with, and pay for, said Dark Fiber Services as part of a proposed Comcast Enterprise Agreement; and WHEREAS, the proposed Comcast Enterprise Services Agreement is a month -to -month contract, with monthly payments of $3,360 per month, having an overall annual, projected total cost not to exceed $45,000 (including applicable taxes, fees and government surcharges); and WHEREAS, the Interim Director of Information Technology recommends approval of the Comcast Enterprise Services Agreement for Dark Fiber Services; and WHEREAS, funding for the Comcast Enterprise Services Agreement for Dark Fiber Services has been requested in the FY2023 Information Technology Budget; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute a Comcast Enterprise Services Agreement for Dark Fiber Services. Temp. Reso. #13788 May 10, 2022 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission approves the Comcast Enterprise Services Agreement for Dark Fiber Services at a total annual amount not to exceed $45,000 year; and further authorizes the appropriate City Officials to execute all necessary documents to effectuate the Comcast Enterprise Services Agreement, including the Comcast Enterprise Services Sales Order Form, attached herein as Exhibit 1, and First Amendment to Comcast Enterprise Services Master Services Agreement, attached herein as Exhibit 21 with Comcast for said Dark Fiber Services. SECTION 3: Funding for the Comcast Enterprise Services Agreement for Dark Fiber Services is available from the appropriate accounts at a total contract amount not to exceed $45,000. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #13788 May 10, 2022 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this � ' "` day of _:TL44NE 2022. ATTEST: WU r A. KiMB RLY DILLON, CMC ACTING CITY CLERK ICHELLE J. G MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ_ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/A1 FIRST AMENDMENT to Comcast Enterprise Services Master Services Agreement No. FL-206926-abrav This First Amendment ("Amendment") is concurrently entered into on April 28, 2022 ("Effective Date") in conjunction with the Comcast Enterprise Services Master Services Agreement No. FL-206926-abrav ("Agreement") by and between Comcast Cable Communications Management, LLC ("Comcast") and City of Tamarac ("Customer"), individually referred to herein as "Party" and jointly referred to as "Parties". Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Agreement. Whereas, the Parties desire to amend the Agreement by this writing to reflect the amended or additional terms and conditions to which the Parties have agreed. Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this Amendment, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Customer may order Comeast's Dark Fiber Services under the Agreement and such services shall be subject to the additional terms and conditions contained in the Comcast Enterprise Services Product - Specific Attachment — Dark Fiber Service attached hereto Exhibit A. 2. Article 4.1 of the Comcast Enterprise Services General Terms and Conditions ("General Terms and Conditions") is hereby modified to read as follows: "Sales Order Term. Upon the expiration of the Service Term applicable to a Sales Order, each Service Term shall automatically renew for successive periods of one (1) month each (each, a "Renewal Term"), unless prior written notice of non- renewal is delivered by either party to the other at least thirty (30) days before the expiration of the Service Term or the then current Renewal Term. To the extent the initial Service Term or a Renewal Term applicable to a Sales Order extends beyond the expiration date of the MSA Term, such Sales Order shall continue to be governed by the terms and conditions of the Agreement. The MSA Term commences on the Effective Date and continues for the time set forth on the Master Services Agreement Cover Page." 3. Article 9.9 is hereby added to the General Terms and Conditions to read as follows: "Scrutinized Companies Lists. Pursuant to Fla. Stat. Sec. 287.135, Comcast represents that Comcast is not on the Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. Violation of this section may result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities." 4. Article 9.10 is hereby added to the General Terms and Conditions to read as follows: ` E-Verify. A. Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, Comcast shall register with and use the U.S. Department of Homeland Security's E-Verify system, https://e- verify.uscis.gov/emp, to verify the work authorization status of all employees working pursuant to this Agreement, hired on and after January 1, 2021. B. Comcast must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from Comcast stating all employees working pursuant to this Agreement, Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY COM:1 I90727v1 KWE Page 1 of 6 DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/Al hired on and after January 1, 2021 have had their work authorization status verified through the E- Verify system and a copy of their proof of registration in the E-Verify system." 5. Article 7 of the Comcast Enterprise Services Product -Specific Attachment — Dark Fiber Services ("Dark Fiber PSA") is hereby modified to read as follows: "Customer shall, at its own expense, secure and maintain in force, throughout the term of this Agreement, General Liability Insurance, with competent and qualified issuing insurance companies, including the following coverages: Product Liability; Hazard of Premises/Operations (including explosion, collapse and underground coverages); Independent Contractors; Products and Completed Operations; Blanket Contractual Liability (covering the liability assumed in this Agreement); Personal Injury (including death); and Broad Form Property Damage in policy or policies of insurance such that the total available limits to all insureds will not be less than $2,000,000 Combined Single Limit for each occurrence and $2,000,000 aggregated for each annual period. Such insurance may be provided in policy or policies, primary and excess, including the so-called Umbrella or Catastrophe forms and Customer shall provide a certificate of insurance evidencing all required coverage naming Comcast, it parent and affiliates as certificate holders. In addition, Customer shall maintain in effect, with insurance companies of recognized responsibility, at its own expense, (i) "All Risk" property insurance coverage with limits sufficient to cover the full replacement cost of the Facilities with no co-insurance, (ii) Business Interruption coverage on an actual loss sustained basis, and (iii) such other insurance as may be required by any applicable franchise and/or pole attachment or conduit license agreements, as applicable and naming Comcast as the loss payee. All policies required by this Section shall require the insurance companies to notify Comcast at least thirty (30) days prior to the effective date of any cancellation or material modification of such policies" 6. In the event of an explicit conflict between this Amendment and the Agreement, the terms and conditions of this Amendment shall take precedence in the interpretation of the explicit matter in question. Except as expressly modified by this Amendment, all other terms and conditions set forth in the Agreement shall remain in full force and effect and are hereby ratified and confirmed by the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year written below and the persons signing covenant and warrant that they are duly authorized to sign for and on behalf of the respective Parties. Cityof Tamarac DocuSignedby: a Comcast Cahle T.T.f Si nature: Signature: Printed Name: Printed Name: car Title: Title: vice President Comcast Busi nes Date: 2 Date: 6/15/2022 Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY COM:1190727v1 KWE Page 2 of 6 DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/Al EXHIBIT A COMCAST ENTERPRISE SERVICES PRODUCT -SPECIFIC ATTACHMENT DARK FIBER SERVICE The following additional terms and conditions are applicable to Sales Orders for Comcast's Dark Fiber Service (the "Services"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the General Terms and Conditions. ARTICLE 1. FACILITIES A. Comcast will lease to Customer the strands of Comcast's multi -strand single mode fiber-optic cable which strands shall originate at the points and terminate at the Service Locations specified in the applicable Sales Order. These strands and all related facilities and equipment are hereinafter referred to as the "Facilities" or the "Services". Customer agrees that it will light and immediately use all strands for its broadband needs. The Facilities are provisioned into each Service Location at the point of interconnection between the Comcast-owned Facilities and Customer's provided equipment located at the Service Location(s) (the "Demarcation Point"). B. The Facilities do not include connection to the public switched network, building wire, any Local Area Networks ("LANs"), Customer Premise Equipment ("CPE"), IP addressing capability, firewalls or any other equipment, electronics, or wiring required on the Customer's side of the Demarcation Point. C. Upon the request of Customer, Comcast will consider providing other facilities or services to Customer at terms, conditions, and prices to be mutually agreed upon in writing between the Parties. Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY COM:1190727v1 KWE Page 3 of 6 DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/AI ARTICLE 2. SERVICE INSTALLATION A. Following its acceptance of a Sales Order, Comcast shall notify Customer of the target date for delivery of the applicable Services (the "Estimated Availability Date"). Comcast shall use commercially reasonable efforts to provision the Services on or before the Estimated Availability Date; provided, however, that Comcast's failure to provision by said date shall not constitute a breach of the Agreement. B. At such time as Comcast completes installation and connection of the Services, Comcast shall then notify Customer in writing that the Services are available for use and the date of such notice shall be the "Service Commencement Date." Any failure or refusal on the part of Customer to be ready to receive the Services shall not relieve Customer of its obligation to pay charges for any Services that would otherwise be available for use. ARTICLE 3. OWNERSHIP, IMPAIRMENT, AND REMOVAL OF THE FACILITIES A. The Facilities and all other portions of the Network are and shall remain the property of Comcast regardless of whether installed between, within or upon the Service Locations and whether installed overhead, above, or underground and shall not be considered a fixture or an addition to the land or the Service Locations located thereon. Customer agrees that it shall take no action that directly or indirectly impairs Comcast's title to the Facilities or Network, or exposes Comcast or the Facilities, Network, or any Comcast-provided equipment, or on the rights or title relating thereto, or any interest therein, to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties, and Comcast will promptly at its own expense take all actions necessary to remedy any violation of this provision. B. Comcast retains the right to remove the Facilities or Network including, but not limited to, those portions that are located in the Service Locations. To the extent Comcast removes such portion of the Network; it shall be responsible for returning the Service Locations to their prior condition, reasonable wear and tear excepted. C. In accordance with the Federal Communications Commission's Order in FCC 99-216, released August 11, 1999, the Parties agree to the terms set forth in this section. All equipment located on Customer's premises installed or provided under this Agreement by Comcast is an integral component of the Facilities provided by Comcast and will only be used in connection therewith. All right, title, and interest in the Facilities and any other equipment or facility provided by Comcast shall, at all times, remain exclusively with the Comcast, shall not become a fixture to Customer's premises, and must be returned to Comcast at the conclusion of the Term (unless a new similar agreement has been executed or is being actively negotiated by both parties) in the condition in which it was received, subject to ordinary wear and tear. All rights of Customer to the Facilities shall cease and Comcast may, at its option, disconnect, terminate, remove or use the Facilities for any other purpose. Comcast may use such equipment and its Network in any lawful manner, including supporting its network or providing service to other customers and Customer will not sell, lease, assign nor encumber any equipment provided by Comcast. Comcast does not provide any option to Customer to purchase any such equipment. Customer agrees not to interfere with other customers' use of the Comcast services or equipment, including any Comcast equipment located on Customer's premises. Customer represents and warrants that its internal communications systems, such as a Local Area Network ("LAN"), would continue to function if disconnected from the Comcast Network or disconnected from any on -premise equipment provided by Comcast. Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY KWE Page 4 of 6 COM:I 190727vI DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/A1 ARTICLE 4. CUSTOMER RESPONSIBILITIES A. Customer shall be responsible for providing maintenance, repair, operation and replacement of all wire and cable facilities on the Customer's side of the Demarcation Point. Any CPE and wiring that Customer uses in connection with the Facilities shall be compatible with Comcast's Network. B. Customer shall provide adequate environmentally controlled space and electricity required for installation, operation, and maintenance of the Facilities within each Service Location. Customer shall use reasonable efforts to maintain its property and Service Locations in a manner that preserves the integrity of the Facilities and shall promptly notify Comcast of any event that affects such integrity including, but not limited to, damage to the Facilities and Network. For the avoidance of doubt, the Facilities constitute part of Comcast's Network. ARTICLE 5. TERMINATION CHARGES A. The charges set forth or referenced in each Sales Order have been extended to Customer in reliance on the Service Term. B. Subject to Section 5(D), in the event that Service is terminated following Comcast's acceptance of the applicable Sales Order, but prior to the Service Commencement Date, Customer shall pay Termination Charges equal to the costs and expenses incurred by Comcast in installing or preparing the Service plus twenty percent (20%). C. Subject to Section 5(D), in the event Service is terminated on or following the Service Commencement Date but prior to the end of the applicable initial Service Term, Customer shall pay Termination Charges equal to 100% of the remaining Monthly Recurring Charges that would have been payable to Comcast but for such termination. D. Notwithstanding anything to the contrary contained in this Article 5, Termination Charges shall not apply to Service terminated by Customer as a result of Comcast's material and uncured breach in accordance with the General Terms and Conditions. E. Termination Charges shall be immediately due and payable upon cancellation or termination and shall be in addition to any and all accrued and unpaid charges for the Service rendered by Comcast through the date of cancellation or termination. ARTICLE 6. MAINTENANCE A. Maintenance consists of the repair or replacement, at Comcast's option, of any portion of the Facilities that is malfunctioning. Comcast will maintain the Facilities twenty-four (24) hours a day, seven (7) days per week, every day of the year. Comcast is responsible for the maintenance of such equipment, although Customer agrees to pay Comcast for the maintenance and repair costs at Comcast's then -existing applicable rates for materials (including, among other things, fiber and fiber splices) and labor (including any applicable overtime), and the pro-rata portions of all fees and charges incurred by Comcast in connection with providing the Facilities. All maintenance and repair of the Facilities shall be performed by or under the direction of Comcast. Customer may not, nor permit others to, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any of the Facilities or equipment installed by Comcast, except with the written consent of Comcast, which consent shall be at Comcast's sole discretion. Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY KwE Page 5 of 6 COM: 1190727v 1 DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/A 1 B. In the event that Comcast, in responding to a Customer -initiated service call, determines that the reason for such service call is due to Customer -provided equipment, Customer's actions or omissions, or acts or omissions of third parties with whom Customer has any type of relationship, Customer shall compensate Comcast for Comcast's costs of such service call at the rate of $50.00 per half hour and $150.00 per truck roll charge. ARTICLE 7. INSURANCE A. Customer shall, at its own expense, secure and maintain in force, throughout the term of this Agreement, General Liability Insurance, with competent and qualified issuing insurance companies, including the following coverages: Product Liability; Hazard of Premises/Operations (including explosion, collapse and underground coverages); Independent Contractors; Products and Completed Operations; Blanket Contractual Liability (covering the liability assumed in this Agreement); Personal Injury (including death); and Broad Form Property Damage in policy or policies of insurance such that the total available limits to all insureds will not be less than $2,000,000 Combined Single Limit for each occurrence and $2,000,000 aggregated for each annual period. Such insurance may be provided in policy or policies, primary and excess, including the so-called Umbrella or Catastrophe forms and each such policy shall be endorsed to show Comcast, its parent and affiliates and its and their directors, officers, agents, servants, employees and independent contractors as additional insureds. In addition, Customer shall maintain in effect, with insurance companies of recognized responsibility, at its own expense, (i) "All Risk" property insurance coverage with limits sufficient to cover the full replacement cost of the Facilities with no co-insurance, (ii) Business Interruption coverage on an actual loss sustained basis, and (iii) such other insurance as may be required by any applicable franchise and/or pole attachment or conduit license agreements, as applicable and naming Comcast as the loss payee. All policies required by this Section shall require the insurance companies to notify Comcast at least thirty (30) days prior to the effective date of any cancellation or material modification of such policies. ARTICLE 8. SERVICE CREDITS A. Subject to Section 7(C), Comcast will provide a pro-rata credit against future payment of the net monthly recurring charge for the Services (exclusive of nonrecurring charges, other onetime charges, per call charges, measured charges, regulatory fees and surcharges, taxes, and other governmental and quasigovernmental fees) for a Service Interruption ("Credit"). "Service Interruption" shall mean a break in transmission that renders the Service unusable for transmission and reception. For the purposes of calculating a Credit allowance, the Service Interruption period begins when the Customer reports an interruption in the portion of the Service to Comcast, a trouble ticket is opened, and the Service is released to Comcast for testing and repair. The Service Interruption ends when the affected portion of the Service has been restored and Comcast has closed the trouble ticket. Service Interruption time does not include interruptions of less than thirty (30) minutes' duration. B. Subject to Section 7(C), Credits will be as follows: Lenath of Service Interruption Amount of Credit At least 4 hours and up to and including 24 1 full day hours The total number of credit allowances per month shall not exceed the total monthly recurring charge for the affected Service. Credit allowances will not be made for less than $1.00, unless required Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY KWE Page 6 of 6 COM: 1190727v I DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF Amendment No. FL-206926-abrav/AI under applicable law. To qualify, Customer must request the Credit from Comcast within 30 days of the Service Interruption. C. Notwithstanding anything to the contrary contained in this Article 7 or the Agreement, a Service Interruption shall not qualify for the Credits set forth herein if such Service Interruption is related to, associated with, or caused by: scheduled maintenance events; Customer actions or inactions; Customer -provided power or equipment; any third party not contracted through Comcast, including, without limitation, Customer's users and third -party network providers; any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement. D. The remedies set forth in this Article 7 shall be Customer's sole and exclusive remedy for any Service Interruption in the Services, any outage, unavailability, delay or other degradation in the Services or any Comcast failure to meet the objectives of the Services. E. All claims and rights arising under this Article 7 must be exercised by Customer in writing within thirty (30) days of the event that gave rise to the claim or right. The Customer must submit the following information to the Customer's Comcast account representative with any and all claims for credit allowances: (a) Organization name; (b) Customer account number; and (c) basis of credit allowance claim (including date and time, if applicable). Comcast will acknowledge and review all claims promptly and will inform the Customer by electronic mail or other correspondence whether a credit allowance will be issued or the claim rejected, with the reasons specified for the rejection. Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY KwE Page 7 of 6 COM:1190727v1 DocuSign Envelope ID: E57CA947-4693-4579-AF71-7A148F99D9EF COMCAS BUSINESSS COMCAST ENTERPRISE SERVICES SALES ORDER FORM Pane t of X MSAINK FL-206926 so tax. 21425282 Ace—ttumo: City of Tamarac Prl d.h,a: Levant Sucuoalu ewapCity of Tamarac arvacEADDRESS tans N. ra. CIO tea P,dYAcewAe rwaa,u t010i State Street Aerate 1: 10101 State Street same too— Levant SucuO Ar Aaure,.x A-2: hiw: CIO car Tamarac esy: Tamarac Pem2 954-597.3510 srdo: Florida a:na Florida cm: zvc•o•: 33321 zw: 33321 Fa .. ra,rmnPu: Yes PM1enc 954-597-3510 E., w: loventsueuo lu ca: 'a Ye. Pkav PrDNrlc aW dish tamarac.or wpix�i•um ee,puwrr�� Fro: e„ve: Ievent.sueuo9luOtanarac.oro Service Term (Months): SUMMARYOF SERVICE CHARGES' SUMMARYOF STANDARD INSTALLATION FEES* Current Monthly Recurring Charges: $0.00 Total Standard Installation Fees: $0.00 Current Trunk Services Montt* Recurring Charges: $0.00 Total Trunk Services Standard Installation Fees: $0,00 Total Monthly Recurring Charges (all Services): $0.00 Total Standard Installation Fees (all Services): $0.00 Clprge Monthly Recurring Charges: $3,160.00 SUMMARYOF CUSTOM INSTALLATION FEES' Change Trunk Services Monthly Recurring Charges: $0.00 Total Custom Installation Fee: $040 Change Monthly Recurring Charges (all Services): $3,360.00 Total Monthly Recurring Charges: $3,360.00 Total Trunk Servses Monthy Recurring Charges: $0.00 Total Monthly Recurring Charges (all Services): $3,360.00 SUMMARY OF MONTHLY EQUIPMENT FEES Current Equipment Fee Monthly Recurring Charges: $0.00 Current Trunk Services Equipment Fee Monthly Recurring Charges: $0.00 Current Equipment Fee Monthly Recurring Charges (All Services): $0.00 Change Equipment Fee Monthly Recurring Charges: $0.00 Charge Trunk Services Equipment Fee Monody Recurring Charges: $0.00 Change Equipment Fee Monthly Recurring Charges (All Services): $OAO Total Equipment Fee Monthly Recurring Charges $0.00 Total Trunk Service Equipment Fee Monthly Recurring Charges $0.00 Total Equipment Fee Monthly Recurring Charges (All Services) $0.00 'Note: Charges identified in the Sales Older are exclusive Of maintenance and repair charges, and applicable federal, mate, and local taxes. fees, surcharges and mooupments (however designated). Please mferto your Comcast Enterprise Services Master Services Agreement (WA) for specific detail regarding suds charges. Customer shall pay Comcam one hundred percent (J 00%) of the non-amarazed Custom Instalation Fees prior to the Installation of Service. ThisComcast Enterprise Services Sales Order Form ('Sales Order") shell be effective upon acceptance by Comcast. This i Sales Order ismade a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and issubject to the Product Specific Attachment for the Service(s) ordered herein, located t httpJPoushn s.comc Lcom/enterprise-temsof-service, (the "Agreement) . Unless otherwise iidicated herein, caplalzed words shall have the same meaning as in the Agreement. E911 ACKNOWLEDGEMENT Conhcast Business Class Voice and Trunkig Service ('Voice Services") may have the E911 (imitations specified below: - In order for g11 cans o bs properly drectecito emergency services usig the Voice Services, Comcast must have the correct service address and, where applicable, location details ('Registered Service Location'). Registered Service Location may include, subject to any character limitations, location details such as a floor and/or once number, in addition to street address, for each telephone number and extension used by the Customer. Inhe Voice Services Or any Voice Services device is moved to a different location without Customer providing updated Regslared Service Location informal on, 911 cats may be directed to the wrong emergency authority, may transrhit the wrong address, emergency responders may be unable to locate to emergency on the premises and/or to Voice Services (including 911) may fad al gather. Customers use of a telephone number not associated with its geographic location, or a failure to allot sufficient Line for a Registered Service Location change to be processed may also increase these risks. • Customer is solely responsible for informV Comcast of i itial Registered Service Locations for each telephone number md extension and of all changes to Registered Service Locations for tone Voice Services, including subsequent moves, additions or deletions of stations. Customer is also responsible for programm'vg its PBX system to reflect these Registers I Service Locations. Customer will inform Comcast of changes to any Registered Service Location for each telephone number and extension by ca@ing Comcast at 1-855-368-0600 or by opening a trouble ticket in the Comcast Care Center P artal.' The contact number or met ad for making such updates are subject to change from fine to time. - The Voice Services use electrical power in the Customer's premises, as well as the Customers underlying broadband s rvice. If there is an electrical power outage or underlying broadband service outage, 911 calling may be interrupted. Similarly, cats using the Voice Services, including cats to 911, may not be completed 4 there is a problem with network fa Sties, including network congestion, network/ eguipmerht fades, or another technical problem. • If the Registered Service Location provided in cor*xlction with the use of Comcast Equipment is deemed to be in an are that is not supported for 911 cats, Customer we net have dtecl access to either basic 911 or E911. In this case, son Custom 911 cats wd be sent to an emergency cal center. A trained agent al the emergency call centerwrit ask for the ter s name, telephone numb" and location, and thenwill contact the local emergency authority for that area in order to send he . BY SIGNI G BELOW, I AC THAT I HAVE READ AND UNDERSTAND THE 911 LIMpITATIONS OF THE VOI E SERVICES By signing w, Oust now}ed , agrees o and accepts the terms and condtid of the SelUes Ill ice .by: 1 b)tP�h.(T - Y' T• k+P`:". �., n ., ..; � '. f ` "w _u 4 rl' '% f `' F'-.lid`.. k-E'.,. x 1y .,a�{i.r,ra',v�:°Suri.�s+•�'.m+le'�.G.�6.s�rw4®r'iebab4 �2rcn'..fJ'.��>�ETe$.''A'.'d�3�isX.��.y; tN Ak.�-:Jk� . - . _. - . _ :..s .ratesep : David Ingber sianathrre. -�- m::s �...:' Sgnahrxe. �ABB— t r N ' �7 t'�^%. JR Saks fSp E-Mai, david_ingber cOmcast.l. rile. TC'2—P r e s i t dS t—B rmoiD Florida lain. mil ia,. 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