R-1517 - 12/08/2015 - AGREEMENTS - Resolutions Supporting Documents ITEM 8.E.3)
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AGENDAITEM
Regular Board of Trustees Meeting
of
December 8, 2015
SUBJECT: Resolution approving an Access Agreement with Comcast Cable Communications
Management, LLC.
FROM: Jim Fox, Information Technology Director
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board approve Resolution 2015-IT-
INTERNET-ACCESS-AG-R-1517 approving an Access Agreement by and between the
Village of Oak Brook and Comcast Cable Communications Management,LLC.
Background/History:
On November 10, 2015,the Village Board approved an agreement with Comcast Cable
Communications Management, Inc. to improve the Village's internet service. As part of that
agreement Comcast Cable Communications Management, LLC ("Comcast")will be installing new
fiber optic cable equipment on Village Property and providing portions of the Services on behalf of
its affiliate Comcast Cable Communications Management, Inc. Before Comcast enters onto Village
property to perform the Services, Village staff has recommended that the Village enter into the
access agreement attached to this Resolution as Exhibit A to protect the Village from any damage
Comcast may cause while performing the Services.
Recommendation:
I move that the Village Board approve Resolution 2015-IT-INTERNET-ACCESS-AG-R-1517
approving an Access Agreement by and between the Village of Oak Brook and Comcast Cable
Communications Management, LLC.
RESOLUTION 2015-IT-INTERNET-ACCESS-AG-R-1517
A RESOLUTION APPROVING AN ACCESS AGREEMENT WITH
COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC
WHEREAS, on November 10, 2015, the Village Board approved an agreement with Comcast
Cable Communications Management, Inc. to improve the Village's internet service ("Services' ; and
WHEREAS, Comcast Cable Communications Management, LLC ("Comcast'l will be installing
the cable equipment on Village Property and providing portions of the Services on behalf of its affiliate
Comcast Cable Communications Management, Inc.; and
WHEREAS, before Comcast enters onto Village property to perform the Services, Village staff
has recommended that the Village enter into the access agreement attached to this Resolution as Exhibit
A to protect the Village from any damage Comcast may cause while performing the Services
("Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village and its residents to approve the Agreement with Comcast;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Agreement. The President and Board of Trustees hereby approve
the Agreement with Comcast in substantially the same form as attached as Exhibit A, and in a final form
approved by the Village Attorney.
Section 3: Execution of the Agreement. The Village Manager and the Village Clerk shall be,
and are hereby, authorized to execute and attest, on behalf of the Village the Agreement between the
Village and Comcast upon approval of the final form by the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2015-IT-INTERNET-ACCESS-AG-R-1517
Approving an Access Agreement with Comcast
Page 2 of 3
APPROVED THIS 8th day of December, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of December, 2015
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2015-IT-INTERNET-ACCESS-AG-R-1517
Approving an Access Agreement with Comcast
Page 3 of 3
EXHIBIT A
Market:GCR Site State: IL Site Address:
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (the "Agreement") is made and entered into this _ day of December, 2015, (the "Effective
Date")by and between Comcast Cable Communications Management, LLC, a Delaware limited liability company, on behalf of its affiliates
(together,"Comcast"), and the Village of Oak Brook, an Illinois municipal entity(the "Owner"),which owns the land and the improvements
thereon(together,the"Property")having an address of 600 Oak Brook, Oak Brook,IL 60523.
1. Grant. Owner hereby grants to Comcast a non-exclusive license to install, construct, replace, maintain, repair, operate,
inspect, augment 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 communications services to users at the Property(the"Users"). Owner shall allow Comcast access to the Property during normal
business hours and at all times during emergencies for the foregoing purposes. Access within each User's premises shall be as provided in a
separate services agreement with each User.
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 Facilities which are underground conduit or vaults) that Owner 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. Prior to installation of the Facilities, and thereafter upon Owner's request at the renewal of required policies,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 Effective Date. This Agreement
shall automatically renew for two(2) successive periods of five (5)years each,provided that there is a User 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 that any such claims, actions, damages, liabilities, expenses are caused by the
Owner,its employees,agents, contractors,invitees,officers, directors,affiliates or subsidiaries.
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 provided):
If to Comcast: Comcast Cable Communications Management,LLC If to Owner: Village of Oak Brook
1500 McConner Parkway 600 Oak Brook
Schaumburg,IL 60173 Oak Brook,IL 60523
Attn.: Business Services
With a copy to: Comcast Cable Communications,LLC Owner's local contact:
One Comcast Center Name: Jim Fox
1701 John F.Kennedy Boulevard Phone: 630-368-5174
Philadelphia,PA 19103 Email: Jfox @oak-brook.org
Atta.: General Counsel
8. Miscellaneous. This Agreement shall bind and benefit the parties and their respective successors and assigns.
Village of O 1Ctroo1 Comcast Cable Communications Management,LLC
By: By:
Name: Gopal Lalmalani Name:
Title: Village President Title:
EXHIBIT"A"
The Plans
ccomcast'
BUSINESS CLASS
Date: 11.30.2015
Prepared By: Company; UCC
Contractor employee name; Dale Wavchoff
Propertv Detail
Project Name: Village of Oak Brook Public Library
Address: 600 Oak Brook Rd
Site Contact:Jim Fox
Contact Phone: 630.368.5174
Units/Passing:
Project Type: Metro-e
1. What type of building access will be used? UG
2. Is rack space available at the equipment location? YES
3. Is power available at equipment location? YES
4. Is UPS power available at the equipment location? YES
Construction Scope of Work
Exterior/OSP Detail:
All the cables running underground throughout the complex will be a minimal depth of 36 inches.A print is attached to show the
path of the cable construction. We will directional bore from south side of building by customer owned pull west approximately 300
feet across property to R.O.E.we will then head west to existing utility pole. We will then install new aerial plant on existing utility
poles to Comcast tie point.Restoration will be completed at the completion of the job,weather permitting.
1) Show approximate fiber placement on property with the direction the fiber will go when it hits the easement:
Transition into building:
A pit will be opened in the area adjacent to the south exterior wall of the building near existing pull box and the pull box will be
cored,a 2-inch steel conduit sleeve will be placed in the core and then sealed. A link seal will be utilized for sealing the core. Then
we will mount 2" ridged pipe to building to connect underground to entry point. A splice will then be placed in the area of the pit to
tie the building core and underground directional bore conduit together. A 1.25inch interior Conduit will be run through the Interior
to the Customer provided rack. Restoration we be completed upon completion of job,weather permitting.
1) Photo of entry point
si x
.,-- s MER
=ate
Interior 1 ISP Plant:
From entry point we will use existing plenum pipe to server room,and then to customer provided rack.
1) Photo of interior"landing point".
I p of
2) Drawing of interior cabling route.
SO i
Pre-Sales Survey was sent the following information is required with survey results:
Permits
Required Yes or No:YES Type of Permit(s): UG/AIR
RR: NA Estimated Calendar Days to receive
Ill 30 Estimated Calendar Days to receive
CITY: 30 Estimated Calendar Days to receive
County: 30 Estimated Calendar Days to receive
Village: NA Estimated Calendar Days to receive
Township: NA Estimated Calendar Days to receive
Power Co.: 30 Estimated Calendar Days to receive
Ameren: NA Estimated Calendar Days to receive
NIPSCO: NA Estimated Calendar Days to receive
OSP/ISP
OSP required,YES: 20 Estimated days to complete once permits approved:
ISP required, YES: 10 Estimated days to complete once permits approved:
Jim Fox
Provide Name of Customer Representatives escorting during the ISP and property walkout
r
Market:GCR Site State: IL Site Address:
ACCESS AGREEMENT
THIS ACCESS AGREEMENT (the "Agreement") is made and entered into this day of December, 2015, (the "Effective
Date")by and between Comcast Cable Communications Management, LLC, a Delaware limited liability company, on behalf of its affiliates
(together,"Comcast"), and the Village of Oak Brook,an Illinois municipal entity(the "Owner"),which owns the land and the improvements
thereon(together,the"Property")having an address of 600 Oak Brook,Oak Brook,IL 60523.
1. Grant. Owner hereby grants to Comcast a non-exclusive license to install, construct, replace, maintain, repair, operate,
inspect, augment 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 communications services to users at the Property(the"Users"). Owner shall allow Comcast access to the Property during normal
business hours and at all times during emergencies for the foregoing purposes. Access within each User's premises shall be as provided in a
separate services agreement with each User.
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 Facilities which are underground conduit or vaults)that Owner 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. Prior to installation of the Facilities,and thereafter upon Owner's request at the renewal of required policies,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 Effective Date. This Agreement
shall automatically renew for two (2) successive periods of five(5)years each, provided that there is a User 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 that any such claims, actions, damages, liabilities, expenses are caused by the
Owner, its employees,agents,contractors,invitees,officers,directors,affiliates or subsidiaries.
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 provided):
If to Comcast: Comcast Cable Communications Management,LLC If to Owner: Village of Oak Brook
1500 McConner Parkway 600 Oak Brook
Schaumburg,IL 60173 Oak Brook,IL 60523
Atm.: Business Services
With a copy to: Comcast Cable Communications,LLC Owner's local contact:
One Comcast Center Name:Jim Fox
1701 John F.Kennedy Boulevard Phone:630-368-5174
Philadelphia,PA 19103 Email:Jfox @oak-brook.org
Attn.: General Counsel
8. Miscellaneous. This Agreement shall bind and benefit the parties and their respective successors and assigns.
Village of Oak Brook Comcast Cable Communications Management,LLC
By: By:
Name: Name:
Title: Title:
DocuSi n Envelope ID:849EB71B-3AAE-4D8B-BAFC-7DB7A5880C22
In
MSA ID#: IL-223937-degan MSA Term:60 months Account Name:Village of Oak Brook .
s �
Primary Contact: Jim Fox Primgfy Contact Address Information
Title: IT Director Address 1: 1200 Oak Brook Rd.
Phone: (630)368-5174 Address 2:
Cell: City: Oak Brook, IL
Fax: State: IL
Email: jfox @oak-brook.org Zip Code: 60523
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)Sates Orders.This
Agreement shall be legally binding when signed by both parties and shall continue m 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 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:llbusiness.comcast.com/enterprse-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:t/business.comcast.com/customer-notWtcat!oWacceptabte-use-policy(or any successor URL),and the High-Speed Internet i
for Business Privacy Policy(Privacy Policy")located at http://business.comcast.com/customer-nobficationsteuskmvr-pdvacy-
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 Vie 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 Sates 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.
Signature:
i
Name: Gopal G. Lalwalani
Title: Village President of Village of Usk Brook, Illinois
f
Sate: Noyeaber 11, 2015
COMCAST USE • , -. -. - i
Signature: 7= Sales Rep: Kelsey Partridge
Nam:
John schuchart Sales Rep Email: keisey_partridge @cable-comcast.cam
Title: John w schuchart Region: Chicago
Date: 11/20/2015 Division: Central
DocuSign Envelope ID:849EB71B-3AAE-4D8B-BAFC-7DB7A5880C22
(.;v (,:A5 I COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
IIaA IDS. ,,. so D1►:4XI"M Account Name Villop of Oak 19rook
CUSTOMER *R
Pdmnry combat,f,ft laspAas.aMrim VW99e000100,04 iwvoit:sAoaseas
am"mmao
Tor.R tywa w We PMr Asaoads) Address 1:1200 oak Braok ROad
Address 1:.100 oek-drove Rued :Bung Combat."Fes Address 2:
.Address 2: Tkre:R Mom City:Oak&sac
.Car:CNl aro•k Phone:(am 300.8174 $taw..:L
sue:IL Cetk(030)007-W ZIP C44e:a 23
zw..Wn Face: Tax Eaexwe Yes
•rr Yes, ;—.M and aneah all
ph~.(Qa01300.Ot74 Ermaik If .02 appkablo tax axemgdon on it ates
Coat(0301007-aSt)'
Fars
SUMMARY aruaR Fk[a9k,ar9
OF (Details
Service Tetra(Months):
SUMMARY OF SERVICE CHARGES* SUMMARY OR STANDARD INSTALLATION FEES
Current Lthemet Monthly Recurring Charges: $1,386.00 Total Metro Ethernet Standard Installation Fees": $0.00
Current Tnink Services Monthly Recurring Charges: $0.00 Total Trunk Services Standard Installation Fees: �$0�00�
Total Mon"RecurrhV Charges(atl Services): 81,3867 Total Standard Installation Fees(ail Services): $0.00
Change Metro Ethernet Monthly Recurring]Charges: $1,014.00 SUMMARY OF CUSTOM INSTALLATION FEES
Change Tn mk Services Monthly Recurring Charges: $0.00 Total Custom installation Fee: $0.00
Charge Monthly Recurring Charges(all Services): $1,014.00
Total Metro Ethernet Monthly Recurring Charges:. $2,400.00
Total Tnmk Services Monthly Recurring Charges: $0,00
Total Moo thly Recurring Charges(all Services): $2,409.00
,mete: Charges klendfled in 910 Son Order are exciusive of rniftenarm and re"r flanges.end apocAle federal,stall.and Ioat taxes,fees,surcharges and mcoupnlenls(however designated).Plleass refer to your Corteast Enterprise
Servips Master services Aprsestsnt(MEA)fo spuft detrll regardmil such merges.Cuter shea pay Conitxst orte hlrrrk+ed pen Fat(10096)of the norwmoAfzed Custom installation Fees prior to the installation of Service.
COMMENTS
This Comcest Erderprke Serrkm Saks Order Form("Saks Orden staff be efteedve upon acceptance by Comcast.This Sot Order Is v ade a pan of the Comeast EnteMnse Services Master Services Agreement,entered between Comcast
wall Via woorogned and is mejeot to 4s Pradudt Specific AttaGxrtent for the Service(s)ordered herein,located at hqp!Rx»klesa.aurnauait com/enkr)xise terms ofaervice.(the`Agmemenr).Unless otherwise Indkmd herein,apitaared
war abed have Bte acme ntetenMtg as in the Agreement.
By signhg Cum—sdawvrktlgee,agrees to and aoaspts es trmns and
ONLY;CUSTOMER USE
Signakr•: Sales Rep; Kaiser PerWoVe
time Gopal G. L ani Namsi john se ue a "Rea F.-rota&: twisar a umta.cw,>casuxm
John W snuchart Region: Chicago Region
clay: Ncryesiber 11. 2015 Date:' oivhbx Cerurot
DocuSign Envelope ID:849EB71B-3AAE-4D8B-BAFC-7DB7A5880C22
COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM
BUSINESS
MtLeTRQ ETHERNET SERVICES AND PR1Gt1YG
Acceunt New*:JVWege of Oak Spook Date: 1 012012 01 5
MSA ID#:I n. s7 apt 50 lom 4354677
tang customer Renewal!ugpreding F01 from Mriblm to 1 mbps and adGng 100mbps ED)at Public Library
Short Description of Service:
Service Term. sto►nws "'I
so
Line Aden s Service A' Service Location r Tax Jurisdiction Mo i$0.00 ms 001 n ce k In 002 Add 5 - 1 PuDVic . f e00 0e Inters 1 12 003 -tJeAyork t vi Intertate .00 004 RtrMw Add 1-Bandwidth 100 in 1 00 OfBS I• I 50.00 005 C a Remote 0- t3rook u0er6ov Interstate S1 00 007 .00
008 9.00 $0.00
009 00 $0.00
010 1 1.00 $0.
011 $0. $0.00
012 $0. 0.00
013 $0.00 30:00
014 50.00
015
50.00 :00
015 MOO .00
017 $0.00 $0.00
ore
Ott .00
= o
021
o2z $6.00
.00 023 10.00 1
024
50.00 o.00 1
025
so.oir R.00
026 $0.00 $0.00
027 $0.00 $0.00
028 $0.00 $0.00
029 - 50.0' $0.
+� - - $0.00 $0.00
031 - 1 00 S0.
032 - 0
0333 $9.00
034 $D.00
035 .00 $0.00
088 .00 $0.00
037 00 $0.
035 00 1 S0.9
039. .
545
011 coo 00
Ott
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044 .DO $0,000 0
045 50.00
ON 0 $0.00
047
048
50.00 1 $0.00
049 $0 OO
050 50 00 $0.00
�aee0 PAGE 2 SUBTOTAL: $1014.00 $0.00
DocuSign Envelope ID:849EB71B-3AAE-4D86-BAFC-7DB7A5880C22
COMCAST COMCAST>Qr MM3E 3EMCES SA=ORDER FORM
BUSINESS SWACE LOCATION OEM&INFORMATION
Date•. eRerMt MSA tl'>SS:I w- MR EO IDf: 42"t" AscountNaum.1 VISW of Oak Brook
LkN Luton Naftlea to ID Address 1 Address 2 Ctty StsM ZIP Coda Tschaic211Lscal TochnicaLLoeat Tsah =wLDW Contact Email Technical Contact On She
contact Name COMO Phone9 .. Addatss (Yosmo)
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