Loading...
DS Comcast Installation ReimbursementDocuSign Envelope ID : 470503AD-372B-4524-A7AD-D64D36C88315 INSTALLATION COST REIMB URSEMENT AGREEMENT This Installation Cost Reimbursement Agreement (this "Agreement',) is made this 14th day of June, 2018, by and between Comcast Business Communications, LLC ("Comcast") and City of San Rafael ("Customer''). Comcast and Customer are sometimes referred to herein individually as a "Party" and collectively as the lIParties". RECITALS WHEREAS, Comcast and the State of California entered into that certain CALNET 3 Statewide Contract C3-B-15-03-TS-40, dated April 12,2017, for Metropolitan Area Network (MAN) Ethernet Services and Managed Internet Services (the "CALNET Contract''); WHEREAS, pursuant to and in accordance with the CALNET Contract, Customer may order Metropolitan Area Network (MAN) Ethernet Services and/or Managed Internet Services by delivering a purchase order to Comcast; WHEREAS, Customer has, under the CALNET Contract, ordered from Comcast (i) one (1) 20 Mbps Ethernet Dedicated Internet ("ED I") Services circuit at the service location of 3530 Civic Center Drive San Rafael, CA, and (ii) one (1) 20 Mbps EDI Services circuit at the service location of210 ]Cd Street San Rafael, CA, (collectively, the "SerJ1ices''). Customer agrees to pay Comcast a total monthly recurring charge of $660.00 for the Services for a thirty-six (36) month term; WHEREAS, in order to provide Customer with the services i~entified in the Order, Comcast will be required to undertake certain installation and construction activities (a "Cllstom Installation "); WHEREAS, the Parties have agreed that Customer will reimburse Comcast for the costs it incurs in connection with the Custom Installation, upon and subject to the terms and conditions of this Agreement; and NOW THEREFORE, 111 consideration of the mutual covenants, promises and considerations set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The Parties acknowledge and agree that the costs that Comcast shall be deemed to incur in connection with the Custom Installation shall be $56,493.00 (the "Cllstom Installatioll Fee"). 2. Customer shall pay Comcast one-hundred percent (100%) of the Custom Installation Fee prior to the installation of the services (the "I"itiallnstalllltioll Payment''). Customer and Comcast acknowledge and agree that Corncast shall have no obligation to install and/or provide the Services until Customer has paid Comcast all of the Custom Installation Fee ($56,493.00). OocuSign Envelope 10: 470503AO-372B-4524-A7AO-064036C88315 3 . Notwithstanding anything to the contrary contained in this Agreement, (i) if Customer tenllinates the Order prior to Comcast completing the Custom Installation, Customer shall reimburse Comcast for the actual costs that Comcast incurred in cOlmection with the Custom Installation, but in no event more than $56,493.00 and (ii) if Customer terminates the Order after Comcast completes the Custom Installation, Customer shall remain obligated to pay Comcast the Custom Installation Fee. 4. Customer may not assign this Agreement without the prior written consent of Comcast, which shall not be unreasonably conditioned, delayed and/or withheld. This Agreement shall apply to, be binding in all respects upon and inure to the benefit of the successors and permitted assigns of the Parties. 5. The laws of the State of California shall govern the construction, interpretation, and perfonllance of this Agreement, except to the extent superseded by federal law. 6. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof. IN WITN ESS WHEREOF, the parties have executed and delivered this Agreement as of the date first above written. COMCAST: COMCAST BUSINESS COMMUNICATIONS , LLC By: c~gn;:~ Name: ~k:8~~~~M. Title:---,,,..,vr-;p,.,,,=;n-___________ _ Date: 6/21/2018 CUSTOMER: CITY OF SAN RAFAEL By:--+~I-'==:=:....-+_'_'O"";--------­ Name:...y..t.J.JU.~....LlLuu._-'<--+--------­ Tit)e·_::::..:..;;...r-~~:c:..;....--:r__'--------- Date. CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Information Technology Project Manager: Gus Bush and Sean Mooney E~en~on: x5302 and x2646 Contractor Name: Comcast Business Communications, LLC Contractor's Contact: Chris Monson Contact's Email: christopher_monson@comcast.com o FPPC: Check if Contractor/Consultant must file Form 700 Step 1 2 3 4 5 6 7 8 9 RESPONSIBLE DEPARTMENT Project Manager City Attorney Project Manager Project Manager PRINT Project Manager City Attorney City Attorney City Manager / Mayor City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, * contractor-signed agreement agendized for Council approval ·PSA > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINas{)nd bonds (for Public Works Contracts) JJ ~ Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE N/A 6/20/2018 C li ck here In enter a date. Click here tn enler a dale. Click here t o enter a date . o N/A Or Cli c k here to e nt e r a date. REVIEWER Check/Initial o o o GB o o h-2iJ-(t K Interoffice Memorandum To: Jim Schutz, City Manager cc: Cristine Alilovich, Assistant City Manager ThRl: City Attorney's Office From: Gus Bush, IT Manager Date: 5/18/2018 Re: Comcast Installation Cost Reimbursement Agreement Request City Manager signature on the attached Cost Reimbursement Agreement with Comcast Business Communications, LLC (Comcast). As part of the Essential Facilities 'project, IT has placed an order with Com cast under the State of California's Calnet 3 contract for them to provide data communications fiber at the new Fire Station 52 and 57 facilities. To provide this service, Comcast has requested the City reimburse them for their construction and installation costs, in accordance with terms and procedures of the Calnet 3 contract. The total cost for the work at both sites is $56,493, which the City intends to payout of Measure E funds . Note that the document also references a monthly recurring charge of $660; this is for the ongoing data services once installed and will be paid for out of IT's regular network services budget (fund 601). Please let Sean Mooney or I know if you have any questions/concerns. Comcast Processing Instructions Customer's Authorized Representative (City Manager) should sign the Agreement on page 2. IT will forward the signed copy to our Comcast representative for processing at their corporate level. Comcast will return a file copy for the City's records once signed at their corporate level.