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Home My WebLink About5089 RESOLUTION NO. 5 0 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND COMCAST ENTERPRISE SERVICES FOR COMMUNICATIONS SERVICES WHEREAS, the City of Auburn has a need for communication services; and WHEREAS, Comcast Enterprise Services is able to provide those communication services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute the Master Services Agreement and First Amendment to Master Services Agreement between the City and Comcast Enterprise Services, which agreement and amendment shall be in substantial conformity with the Agreement and First Amendment respectively attached hereto as Exhibits A and B and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. N Dated and Signed this �day of _' 2014. CITY OF AUBURN Wort I j '?)M�l 13 NANCY B , MAYOR ---------------------------- Resolution No. 5089 July 23, 2014 Page 1 of 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: CB. , City Kttorne ---------------------------- Resolution No. 5089 July 23, 2014 Page 2 of 2 DocuSign Envelope ID: 1 DOD8960-84A5-4EB1-AE34-7FC5F862475D '{ k. , ♦ E a Til$t £ ♦ 1 MSA ID#: WA-177289-jhoss MSA Term:60 months Account Name:City of Auburn Primary Contact: Ron Tiedeman Prin 'Cohtact'Addiess Information, Title: Director of IT Address 1: Phone- (253)288-3160 Address 2: Cell: City: Fax: State: j Email: riedeman@auburnwa.gov Zip Code: This Master Service Agreement("Agreement")sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates("Comcast")will provide communications and other services ("Services")to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page ("Cover Page"), the Enterprise Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the Agreement executed by both parties("Amendments"), the Product-Specific Attachment for the applicable Services("PSA(s)") and each Sales Order accepted hereunder ("Sales Orders"). In the event of any inconsistency among these documents, precedence will be as follows: (1)this Cover Page(2)General Terms and Conditions, (3)PSA(s), , and(4)Sales Orders.This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. The Customer referenced above rnay submit Sales Orders to Comcast during the Term of this Agreement("MSA Term").After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement,or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions.The General Terms and Conditions and PSAs are located at http://business.comcast.corn!enterprise-terms-of-service/index.aspx(or any successor URL).Use of the Services is also subject to the High-Speed Internet for Business Acceptable Use Policy ("AII located at ! http://business,comcast.com/customer-notifications/acceptable-use-policy(or any successor URL),and the High-Speed Internet for Business Privacy Policy(Privacy Policy")located at http://business.corncast.com/customer-notifications/customer-privacy- statement(or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems(and may ' not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT: ¢a Signature: Name: cZ. Title: Date: Docu$lbfje d Signature A1n,lt Sales Rep: Todd Lash _ Name: Sales Rep Email: todd_lash @cable.comcast.com Title: vice President Region: Seattle j Date: 5/21/2015 Division: West 7 -- ' oocuaign Envelope ID:m EXHIBIT xn*vdnnowo.wxmzo9-jh"oxA/ FIRST AMENDMENT to Comooat Enterprbe Services Master Services Agreement No^WA,177289-jhcmy This First Amendment(^/\mcndmnn/') in concurrently entered into onJuly 11'2014("BOectivoDae') in conjunction with dhoComcea1 En&crprisc Services Master Services Agre/omintNo. YA'177209-jbos_ ("Agreement") by and between Comcast Cable Communications 4unu8cm� , LLC ('Comouu~) and City of Auburn (-Customer"), individually rr�ncd to herein as "Party" ondjuindy, referred to as ' ' �"Punicn"' ln the event oyon explicit oun Oi c\ between this Amendment-and the/ g1o�mcnc."Nhr terms and conditions of this Amendment shall take i/n ��r /n mrp'pu�« / n[ �o. explicit matter in question, Un\cxo 11 otherwise set forth h6rein aU cup %Jiiod �nn�mi � 1h1�rdn shuUnm vo the.same . meaning us set forth in the Agreement. _ Whereas,the Parties desire mamend the Agreement by this writing to reflect the amended madditional unns omicondi6onu to which the Punicy have agreed*m;, { �orv` �hn��ynre, inconsidunnionoF�emmua\ covenants, pnombes, and consideration m*'Ronh in this ! Amendment,the Parties agree axfollows: \. Article I of the Enterprise Services General Terms and Conditions ("General Terms and Conditions") is hereby modified to read as SuUowa: "Comuuor may change or modify the Agreement,. and any related policies from time to time such Ru»\yi«»a to the C»muuut » cno i»c� The Revisions are uKecdvcupn("Revisions")) by posting posting m the Vobsi(u. Customer will receive notice o[the Revisions in tm:noxtopp\|cab\emondh|y \nvuice' Customer shall have sixty (6O) calendar days nom thu invoice notice of such provide Cnmoamt with w'iu c» notice that the Revisions udvcmc\y uOeox Customer's use of Ule Service(s). |[after nmhccCnmcost is unable to reasonably m i,i go tc tile Revision's impact on such Sen/iccu then Cosinmcr'muy terminate the im�pocted Sn,?inc(m)wiihout further obligation tnCo mous t beyond c tenninu\ioodate, including Termination Charges, if any. This shall he Customer's sole and exclusive rcmedy." 2. Article 4.3 oF the General 7rnxm and Conditions|uhe'ruhy modified to read oofollows: "Sales C)ndcr Renewal. Upon rhc cxphohnn of \he Service Term, each 3a|nx O,dc,,ohu|| uommau)ouUy mncw for »ucousxivr periods of one (\) month each (`Rine*/m\ 7u ( `)^ unless otherwise stated in \h~~-~ terms undconditions orp�ur notice o[non'rcho`*nJ is delivered byeither |Party to the other at |cu»t thirty (]U)days before tile c»p inzJonof�e Service Term urthe then current Renewal 7cnn. Effective at any time uftcrlhc end c«f the Service 7onn and from time to time thereafter, Cumrmt muy, modify the charges for Ethernet. Internet und'v r Video Services subject u \nmerwiU have thirty (]O)dayn.6um oocipto[ of- thirty (3O) days prior written notice uiCustomer. Cus such notice to cancel the applicable Service without further liability. Should Customer 6U to cancel </ iUb�dcemedto have uucup�d�emodified 8enicuphdn�'' within this 6mchomc,Cus�omcrw 1 Article }).\j\s hereby added to tile Ocncm}/7ermu and Conditions m read uxfollows: 'lWnn'/\pproprio1ioil of Funds. In `hc event Customer is uoub\c to secure funds or if funds are not appropriated hy the applicable local or,state agency*for performance during any Fiscal period o[the /cnn u[a Sales <]odrr yuchSn\�xDrdomuyho \cnminuud ('Tenninotion`') hy the Cusmmurupon ^ n6us notification mComcuyt, |o include o[the n*n opproprintiunu[O.nd« notification,as of the beginning n[the fiscal year for which funds are not appropriated or otherwise secured. In the event Customer terminates u Su\rx Order under this"Non-Appropriation of Funds" provision, neither Puny xhuU have any further oNi&uhun to the other Party,cxouphn#Customer shall be responsible for |he payment of any and all unpaid charges for Services rendered and for Cumcoo equipment, and', umy and all unpaid capital expenses incurred byComnugun behalf of the applicable Sales 0ndcf.oU cvnmstcnW^Communications Nianagemcni,|Lc cowFIoswr/*L:*u,xurwxE/xx, /t&I of / / DocuSign Envelope ID 516E5348-FEC7-42EA-8856-E558DAE362D4 Amendment No.WA-177239-jhoWA! of which are to be paid by Customer to Company within thirty (30)days from the Company provided invoice date. Customer or he continuation notify Comcast in w the performance as set forth in the Sales Order, for any funds are not available f fiscal period under the applicable.Sales Order Term." 11V WITNESS WHEREOF, the Parties COVenant and warrant that they are duly authorized to sign oryand written below and the persons signing on behalf of the respective Parties. Except as othmvise.modified.by this Amendment,all other terms and conditions set forth in the Agreement shall remain in full force and effect. Comeast Cable Communicatiotls Man:+ ement,LLC Cit Y of Auburn Si nature: Si nature: Printed Name: ani e j Carr Printed blame: Title: vice President Title: /2015 Date: DocuSigned by: VGtlAdt� C6EIBFDA851C41B.. Comcast Cable Communications Ntanagemcnt LLC CONFIDENTIAL and PROPRICrARY Page 2 oft