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HomeMy Public PortalAbout2013 AgreementCOMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT (MSA) MSA ID#. FL-399031-jhard Primary Contact: Michael Flemming MSA Term:60 months CUSTOMER INFORMATION Account Name: Village of Key Biscayne Primary Contact Address Information Title: IT Director Address 1: 88 West McIntyre St. Phone: (305) 365-5512 Address 2: Cell: City: Key Biscayne Fax. State. FL Email. mfieming@keybiscayne.fl.gov Zip Code: 33149 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 may submit Sales Orders to Comcast dunng 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 com/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 ("AUP") located at http://work.comcast.net/legal/aup.asp (or any successor URL), and the High -Speed Internet for Business Privacy Policy (Privacy Policy") located at http://work.comcast.net/legal/privacy.asp (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 webs:te. 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. CUSTOMER SIGNATURE (by authorized representative) Signature. ,--�___.: Name �0\(tl C. &i(� Title: v l k‘. • e M mart T Date. 3 COMCAST USE ONLY Signature: (by authorized representative) Sales Rep: Jared Hardware Name: Sales Rep Email: fared_hardware@cable.comcast.com Title. Region: Florida Date. Division: Central Market Florida East Coast Site State Florida Site Address 00 w S. ACCESS AGREEMENT THIS ACCESS AGREEMENT (the "Agreement") is made and entered into this to day of November, 2013 by and between Comcast Cable Communications Management, LLC, a DMaly. Alaware limit liability company, on behalf of its affiliates (together, "Comcast"), and .Joht 1 C. 6j f ber'f- o a V( r!a Q y QVIa erp (the "Owner"), which owns the land and the improvements thereon (together, the "Property") having an ae ress of 21 MGt y + e SI-I &sca, Py CL-BN9 y Y 1. Grant. Owner hereby grants to Comcast a non-exclusive license to install, construct, replace, maintain, repair, operate, and remove, at Comcast's sole option and expense, certain wires, cables, conduit, lock -boxes, building entrance facilities, and other appurtenant fixtures and equipment (the "Facilities"), over, under, across and along the Property, as may be necessary or useful for distributing Comcast's communications services to Comcast's customers at the Property (the "Customers"). Owner shall allow Comcast access to the Property at all times for the foregoing purposes Access within each Customer's premises shall be as provided in a separate services agreement between Comcast and each Customer. 2. Installation. Prior to the commencement of Comcast's initial installation of the Facilities at the Property, Comcast shall prepare and deliver to Owner plans and specifications (the "Plans") of the Facilities No work shall commence until Owner has approved the Plans, which approval will not be unreasonably withheld, conditioned, or delayed Upon approval of the Plans, such Plans shall be attached hereto as Exhibit A, and construction of the Facilities as shown on the Plans shall be performed in a manner consistent with generally accepted construction standards. Upon the expiration of this Agreement, Comcast shall remove from the Property those components of the Facilities (other than any underground conduit or vaults) that Landlord requests Comcast remove, within thirty (30) days after such request 3. Comcast Obligations. Comcast shall comply with all applicable laws. Comcast shall keep the Facilities in good order and repair, and shall promptly repair all damage to the building caused by Comcast, other than ordinary wear and tear. The Facilities shall belong to Comcast, shall be there at the sole risk of Comcast and Owner shall not be liable for damage thereto or loss thereof, except in the event of Owner's gross negligence or willful misconduct. Comcast shall be responsible for, and shall also indemnify, hold harmless and defend Owner against, the satisfaction or payment of any liens for any provider of work, labor, material or services claiming by, through or under Comcast. Upon Owner's request, Comcast shall provide a certificate of insurance to Owner, naming Owner as an additional insured 4. Term. This Agreement shall have an initial term of ten (10) years, commencing on the date set forth above This Agi eement shall automatically renew for two (2) successive periods of five (5) years each, provided that Comcast has a Customer at the Property at the beginning of each renewal term. 5. Indemnification. Comcast shall indemnify, hold harmless and defend Owner from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorneys' fees, arising from or out of the installation, operation, maintenance, or removal by Comcast of the Facilities, except to the extent caused by the gross negligence or willful misconduct of Owner, its employees, agents, contractors, or invitees. 6. Damages. Neither party shall be liable to the other party for any lost profits, special, incidental, punitive, exemplary or consequential damages. 7. Notices. All notices under this Agreement shall be written and given by certified mail, return receipt requested, or nationally recognized overnight courier service (except for communications with Owner's local contact, which may be by telephone and/or email), to the respective address set forth below (or as may subsequently be piovided): If to Comcast: Comcast Cable Communications Management, LLC 789 International Pkwy Sunrise, Fl 33325 With a copy to: Comcast Cable Communications. LLC One Comcast Center 1701 John F. Kennedy Boulevard Philadelphia, PA 19103 Attn.: General Counsel If to Owner. Owner's local contact: Name: Phone Email: 8. Miscellaneous. This Agreement shall bind and benefit the parties and their respective successors and assigns By Name. Title: h C. 6i Comcast Cable Communications Management, LLC -- By: Name: Stephen Schmitz Title• V. Pres Business Service COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION Account Name. Village of Key Biscayne MSA ID#' FL-399031-jhard SO ID#: FL -399031 -chard -260409 Date: November 06, 2013 Lin LoFatio�i;;, Name/ Site 88 W MCINTYRE ST State Code,+ DeMarc Locatlo Extend to DeMarc (Yes/No) Inside Wiring (Yes/No Technical / Local ontack - Name,' ‘'`Technical 1, Local ;Contact Phone # Technjcal i Local„ Coritact �Eniah Address Village Key _Biscayne KEY BISCAYN E FL 33149 1 No Jose Calvo (305)365-5512 jrcalvo@kbpd ne Yes No SCHEDULE A-1 SERVICE DESCRIPTIONS, TECHNICAL SPECIFICATIONS AND PERFORMANCE STANDARDS COMCAST ETHERNET TRANSPORT SERVICES Ethernet Transport Version 1.2 Comcast's Ethernet Transport Services ("Service(s)") will be provided in accordance with the service descriptions, technical specifications and performance standards set forth below: Definitions 1. Latency. Latency, also known as Frame Delay, is defined as the maximum delay measured for a portion of successfully delivered service frames over a 30 day period. 2. Jitter. Jitter, also known as Frame Delay Variation, is defined as the short-term variations measured for a portion of successfully delivered service frames over a 30 day period. 3. Packet Loss. Packet Loss, also known as Frame Loss, is the difference between the number of service frames transmitted at the ingress UNI and the total number of service frames received at the egress UNI over a 30 day period. Service Descriptions 1. Ethernet Network Service (ENS). ENS enables customers to connect physically distributed locations across a Metropolitan Area Network (MAN) as if they are on the same Local Area Network (LAN). The service provides VLAN transparency enabling customers to implement their own VLANs without any coordination with Comcast. ENS offers three Classes of Service (CoS): Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications' performance requirements. The service is offered with 10/100Mbps, 1Gbps or 10Gbps Ethernet User -to -Network Interfaces (UNI) and is available in increments starting at 1 Mbps. The ENS Service is not available over a Comcast HFC Network. 2. Ethernet Private Line (EPL). EPL service enables customers to connect their Customer Premises Equipment (CPE) using a lower cost Ethernet interface. EPL service enables customers to use any VLANs or Ethernet control protocol across the service without coordination with Comcast. EPL service provides one Ethernet Virtual Connection (EVC) between two customer locations. EPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications' performance requirements. EPL service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User -to -Network Interfaces (UNI) and is available in speed increments starting at 1 Mbps. The EPL Service is only available with a Basic CoS when delivered over a Comcast HFC Network. 3. Ethernet Virtual Private Line (EVPL). EVPL service provides an Ethernet Virtual Connection (EVC) between two customer locations similar to Ethernet Private Line service but supports the added flexibility to multiplex multiple services (EVCs) on a single UNI at a customer's hub or aggregation site. The service multiplexing capability is not available at sites served by the Comcast HFC Network. EVPL offers three Classes of Service (CoS) including: Basic, Priority, and Premium. CoS options enable customers to select the CoS that best meets their applications' performance requirements. The service is offered with 10/100Mbps, 1Gbps, or 10 Gbps Ethernet User -to -Network Interfaces (UNI) and is available in speed increments starting at 1 Mbps. The EVPL Service is only available with a Basic CoS when delivered over a Comcast HFC Network. 4. Off -Net Service Limitations. The above categories of Service are available as Off -Net Services, with the following limitations: o Only available with Basic CoS; o 10Gbps Ethernet UNIs are not available with Off -Net Services; o Service multiplexing capability is not available on Off -Net EVPL UNIs; o When ordering 10/100Mbps Off -Net Ethernet UNIs, speed increments may only be ordered in increments of 10 Mbps, up to a maximum size of of 90Mbps; when ordering 1 Gbps Off -Net Ethernet UNIs, speed increments may only be ordered in increments of 100Mbps, up to a maximum size of 900Mbps Technical Specifications and Performance Standards for Services 1. User -to -Network Interface. The Services provides the bidirectional, full duplex transmission of Ethernet frames using a standard IEEE 802.3 Ethernet interface. Figure 1 provides a list of available UNI physical interfaces and their available Committed Information Rate (CIR) bandwidth increments and Committed Burst Sizes (CBS). CIR increments of less than 10 Mbps are not available in conjunction with Off -Net Services. UNI Speed UNI Physical Interface 10 Mbps 10BaseT 100 Mbps IOOBaseT 1000liaseT or 1 Gbps l 000 B ase SX 10 C,bps 10GBase•SR or 10GBas€-LR CIR Increments CBS (byte) 1 Mbps 25,000 10 Mbps 250,000 100 Mbps 2,500,000 1 000 Mbps 25,000,000 Figure 1: Available UNI interface types and CBS values for different CIR Increments 2. Class of Service Option. Except as indicated below, On -Net Services offer three different classes of service. The CoS options allow for differentiated service performance levels for different types of network traffic. It is used to prioritize customer mission -critical traffic from lesser priority traffic in the network. The customer must specify a CIR for each CoS to indicate how much bandwidth should be assigned to each CoS. Figure 2 lists the service performance objectives for each CoS associated with On -Net (for distances within 250 network miles) and Off -Net Services. The Basic CoS is the only CoS available for Off -Net Services and On -Net Services delivered via the HFC Network. Class of Service (CoS) Performance Objective Premium Priority Bask On -Net Services (' IS 250 miles): Latency (one way) •- 12ms < 23ms << 45ms Jitter (onc way) <: 2ms < 23ms •= 45ms Packet Loss (onc way) < 0.001% < 0.01510 < 1% Availability On Ncr Scrviccx delivered v:a a non 11l C .lveI s ark) 7 99,99% ' 99.99% .• 99.99% Availability (On Nei Service,. delivered via 111 C \cluarrk) Not Applicable Not Applicable r, 99.9% Off Net,Seavl : Availability Not Applicable Not Applicable ' 99 95% Figure 2: CoS Performance Objectives 3. CoS Identification and Marking. Customer must mark all packets using 802.1p CoS values as specified in Figure 3 to ensure the service will provide the intended CoS performance objectives specified in Figure 2. CoS I102.1p Premium 5 Priority 2.3 Basic 0-1 Figure 3: CoS Marking 4. Traffic Management. Comcast's network traffic -policing policies restrict traffic flows to the subscribed CIR for each service class. If the customer -transmitted bandwidth rate for any CoS exceeds the subscription rate (CIR) and burst size (CBS), Comcast will discard the non- conformant packets. For packets marked with a non-conformant CoS marking, the service will transmit them using the Basic service class without altering the customer's CoS markings. Traffic management policies associated with Off -Net Services will conform to the policies enforced by the third -party service provider. 5. Maximum Frame Size. The service supports a Maximum Transmission Unit (MTU) packet size of 1600 bytes to support untagged or 802.1Q tagged packet sizes. Jumbo Frame sizes can be supported on an Individual Case Basis (ICB). SCHEDULE A-2 SERVICE LEVEL AGREEMENT Ethernet Transport Version 1.2 Comcast's Ethernet Transport Services is backed by the following Service Level Agreement ("SLA"): Definitions: Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Ethernet Transport Services PSA or the General Terms and Conditions. "Planned Service Interruption" means any Service Interruption caused by planned work such as scheduled maintenance or planned enhancements or upgrades to the network. "Service Interruption" means a complete loss of signal that renders the Service unusable. Service Level Agreement (SLA) Company's liability for any Service Interruption (individually or collectively, "Liability"), shall be limited to the amounts set forth in the Tables below. For the purposes of calculating credit for any such Liability, the Liability period begins when the Customer reports to Company an interruption in the portion of the Service, provided that the Liability is reported by Customer during the duration of the Liability, and, a trouble ticket is opened; the Liability shall be deemed resolved upon closing of the same trouble ticket or the termination of the interruption, if sooner, less any time Company is awaiting additional information or premises testing from the Customer. In no event shall the total amount of credit issued to Customer's account on a per - month basis exceed 50% of the total monthly recurring charge ("MRC") associated with the impacted portion of the Service set forth in the Sales Order. Service Interruptions will not be aggregated for purposes of determining credit allowances. To qualify, Customer must request the Credit from Comcast within thirty (30) days of the interruption. Customer will not be entitled to any additional credits for Service Interruptions. Comcast shall not be liable for any Liability caused by force majeure events, Planned Service Interruptions or Customer actions, omission or equipment. TABLE 1: SLA for On -Net Services provided over a Comcast fiber-optic network Length of Service Interruption: Amount of Credit. Less than 4 minutes None At least 4 minutes but less than 4 hours 5% of Total MRC At least 4 hours but less than 8 hours 10% of Total MRC At !east 8 hours but less than 12 hours 2O% of Total MRC At least 12 hours but Icss than 16 hours 30% of Total MRC At least 16 hours but less than 24 hours 40% of Total MRC At least 24 hours or greater 50% of Total MRC TABLE 2: SLA for On -Net Services provided over the HFC Network Length of Service Interruption: Amount of Credit. Less than 40 minutes None At least 40 minutes but less than 4 hours 5% of`Total MRC At least 4 hours but less than 8 hours 10% of Total MRC At least 8 hours but less than 12 hours 20% of Total MRC At least 12 hours but less than 16 hours 30% of Total MItC At least 16 hours but less than 24 hours 40% of Total MRC At least 24 hours or greater 50% of rota! MRC TABLE 3: SLA for Off -Net Services Length of Service Interruption: Amount of Credit. Less than 20 minutes None At least 20 minutes but less than 4 hours 5% of Total MRC At least 4 hours but less than 8 hours 10% of Total MRC At least 8 hours but less than 12 hours 20% of Total MRC At least 12 hours but less than 16 hours 30% of total MRC At least 16 hours but less than 24 hours 40% of 'Dotal MRC At least 24 hours or greater 50% of Total MRC THE TOTAL CREDIT ALLOWANCES PER MONTH IS CAPPED AT 50% of THAT MONTH'S MRC FOR THE INTERRUPTED PORTIONS OF SERVICE. SEPARATELY OCCURING SERVICE INTERRUPTIONS ARE NOT AGGREGATED FOR THE PURPOSES OF DETERMINING CREDIT ALLOWANCES. On -Net Service Monitoring, Technical Support and Maintenance 1. Network Monitoring. Comcast monitors On -Net Services on a 24x7x365 basis. 2. Technical Support. Comcast provides a toll -free trouble reporting telephone number to the Enterprise Technical Support (ETS) center that operates on a 24x7x365 basis. Comcast provides technical support for service -related inquiries. Technical support will not offer consulting or advice on issues relating to CPE or other equipment not provided by Comcast. a. Escalation. Reported troubles are escalated within the Comcast Business Services Network Operations Center (BNOC) to meet the response/restoration interval described below (Response and Restoration Standards). Service issues are escalated within the Comcast BNOC as follows: to a Supervisor at the end of the applicable time interval plus one (1) hour; to a Manager at the end of the applicable time interval plus two (2) hours, and to a Director at the end of the applicable time interval plus four (4) hours. b. Maintenance. Comcast's standard maintenance window for On -Net Services is Sunday to Saturday from 12:OOam to 6:OOam local time. Scheduled maintenance for On -Net Services is performed during the maintenance window and will be coordinated between Comcast and the Customer. Comcast provides a minimum forty eight (48) hour notice for non -service impacting maintenance. Comcast provides a minimum of seven (7) days notice for On -Net Service impacting planned maintenance. Emergency maintenance is performed as needed without advance notice to Customer. Maintenance for Off -Net Services shall be performed in accordance with the applicable third party service provider rules. Therefore, Off -Net Service may be performed without advance notice to Customer. 3. Comcast provides certain Comcast Equipment for provisioning its services and the delivery of the UNI, which will reside on the Customer -side of the Demarcation Point. Comcast will retain ownership and management responsibility for this Comcast Equipment. This Comcast Equipment must only be used for delivering Services. Customers are required to shape their egress traffic to the Committed Information Rate ("CIR") identified in the Sales Order. Comcast will be excused from paying SLA credits if the Service Interruption is the result of Customer's failure to shape their traffic to the contracted CIR or utilizing Comcast Equipment for non-Comcast provided services. Performance Standards "Performance Standards" are set forth in Schedule A-1 to the Product -Specific Attachment for Ethernet Service. Response and Restoration Standards Comcast has the following response and restoration objectives: CATEGORY TIME INTERVAL MEASUREMENT REMEDIES Mean Time to Respond Telephonically to Call 15 minutes Averaged Over A Month Escalation (see above) Mean Trme to Restore On -Net Comcast Equipment 4 hours Averaged Over A Month Escalation (see above) Mean Time ro Restore off -Net Equipment 6 hours Averaged Over A Month Escalation (sec above) Mean Time to Restore On -Net Services 6 hours Averaged Over A Month Escalation (see above) Mean Time to Restore Off -Net Services 9 hours Averaged Over A Month Escalation (see above) Customer shall bear any expense incurred, e.g., dispatch/labor costs, where a Service Interruption is found to be the fault of Customer, its end users, agents, representatives or third - party suppliers. Emergency Blocking The parties agree that if either party hereto, in its reasonable sole discretion, determines that an emergency action is necessary to protect its own network, the party may, after engaging in reasonable and good faith efforts to notify the other party of the need to block, block any transmission path over its network by the other party where transmissions do not meet material standard industry requirements. The parties further agree that none of their respective obligations to one another under the Agreement will be affected by any such blockage except that the party affected by such blockage will be relieved of all obligations to make payments for charges relating to the circuit(s) which is so blocked and that no party will have any obligation to the other party for any claim, judgment or liability resulting from such blockage. Remedy Processes All claims and rights arising under this Service Level Agreement 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. Exceptions to Credit Allowances A Service Interruption shall not qualify for the remedies 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, third -party network providers, any power, equipment or services provided by third parties; or an event of force majeure as defined in the Agreement. Other Limitations The remedies set forth in this Service Level Agreement shall be Customer's sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Comcast failure to meet the service objectives.