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2014-118
City of Clermont MSA Issue A-8 Apr 2014 Master Service Agreement This Master Service Agreement ("Agreement") is made by and between THE CITY OF CLERMONT, FLORIDA ("Customer") and THE CITY OF LEESBURG, FLORIDA ("City") This Agreement provides the general terms and conditions applicable to Customer's purchase of communications services("Service")from City 1.0 CUSTOMER ORDERS 1.1 Submission and Acceptance of Customer Order(s) Customer may submit requests for Service in a form designated by City ("Customer Order") Customer Orders shall contain the duration for which Service is ordered("Service Term") Unless indicated otherwise in the Customer Order,Service will continue on a month to month basis at the expiration of the Service Term at City's then current rates City will notify Customer of acceptance of the Customer Order by delivenng(in writing or electronically)the date by which City will install Service (the "Customer Commit Date") or by delivenng the Service Renewal Customer Orders will be accepted by City's continuation of Service If Customer submits Customer Orders electronically, Customer shall assure that any passwords or access devices are available only to those having authonty to submit Customer Orders Customer will pay City's then current charges for moves, adds or changes agreed to by City respecting any Customer Order or Service 1.2 Credit Approval and Deposits Customer will provide City with credit information as requested City may require Customer to make a deposit as a condition of City's acceptance of any Customer Order or continuation of a)usage-based Services,orb)non-usage based Service where Customer fails to timely pay City hereunder or City reasonably determines that Customer has had an adverse change in financial condition Deposits will not exceed two months'estimated charges for Service and are due upon City's wntten request When Service is discontinued,the deposit will be credited to Customer's account and the balance refunded. 1.3 Customer Premises; Title to Equipment If access to non-City facilities is required for the installation, maintenance or removal of City equipment, Customer shall, at its expense, secure such nght of access and shall arrange for the provision and maintenance of power and HVAC as needed for the proper operation of such equipment Title to equipment(including software) provided by City remains with City. Customer will not create or permit to be created any encumbrances on City's equipment 1.4 Scheduled Maintenance and Local Access Scheduled maintenance may result in Service interruption If scheduled maintenance requires Service interruption, City will (i)attempt to provide Customer thirty days' pnor wntten notice,(ii)work with Customer to minimize such interruptions and(iii)use commercially reasonable efforts to perform such maintenance between midnight and 6 00 a m local time 2.0 BILLING AND PAYMENT 2.1 Commencement of Billing. City will deliver wntten or electronic notice(a"Connection Notice")to Customer when Service is installed,at which time billing will commence("Service Commencement Date") If Customer notifies City within 3 days after delivery of the Connection Notice that Service is not functioning properly,City will correct any deficiencies and, upon Customer's request,credit Customer's account in the amount of 1/30 of the applicable Monthly Recurring Charge for each day the Service did not function properly 2.2 Payment of Invoices and Disputes City will deliver an invoice each month to Customer,and payment will be due no later than the date stated on the face of the invoice (the "Due Date") Past due amounts bear interest at 1 5%per month or the highest rate allowed by law(whichever is less) Customer is responsible for all charges respecting the Service, even if incurred as the result of unauthonzed use except that Customer shall not be responsible for fraudulent or unauthonzed use(A)by City or its employees,(B)by third parties to the extent that such use (i) is caused by City's gross negligence or willful misconduct, or(ii) originates on City's side of the demarcation point If Customer reasonably disputes an invoice, Customer must pay the undisputed amount by the Due Date and submit wntten notice of the disputed amount (with details of the nature of the dispute and the Services and invoice(s)disputed) Disputes must be submitted in writing within 90 days from the date of the invoice If the dispute is resolved against Customer, Customer shall pay such amounts plus interest from the date originally due Any payments shall be applied first to any penalties owed, then to any interest owed and then to oldest to newest pnncipal owed ©2010,2014 The City of Leesburg,Honda Page I of 7 All rights reserved Proprietary and confidential only to the extent allowed by law City of Clermont MSA Issue A—8 Apr 2014 2.3 Taxes and Fees Excluding taxes based on City's net income,Customer is responsible for all taxes and fees arising in any jurisdiction imposed on or incident to the provision, sale or use of Service, including but not limited to value added, consumption, sales, use, gross receipts, foreign withholding (which will be grossed up), excise, access, bypass, ad valorem, franchise or other taxes, fees, duties or surcharges (including regulatory and 911 surcharges),whether imposed on City or a City affiliate,along with similar charges stated in a Customer Order(collectively"Taxes and Fees") Some Taxes and Fees are recovered through imposition of a percentage surcharge on the charges for Service Charges for Service are exclusive of Taxes and Fees Customer may present City with an exemption certificate eliminating City's liability to pay certain Taxes and Fees,City will give effect thereto prospectively 2 4 Regulatory and Legal Changes If changes in applicable law, regulation, rule or order matenally affect delivery of Service, the parties will negotiate appropriate changes to this Agreement If the parties cannot reach agreement within thirty days after City's notice requesting renegotiation (a)City may,on a prospective basis after such thirty days penod, pass any increased delivery costs on to Customer and(b)if City does so, Customer may terminate the affected Service on notice to City delivered within thirty days 2.5 Cancellation and Termination Charges 2.5.1 Customer may cancel a Customer Order(or portion thereof)pnor to the delivery of a Connection Notice upon written notice to City identifying the affected Customer Order and Service If Customer does so, Customer shall pay City a cancellation charge equal to the sum of (i) 1 month's monthly recurring charges for the cancelled Service, (ii)the non-recurring charges for the cancelled Service; and(iii)City's out of pocket costs (if any)incurred in constructing facilities necessary for Service delivery 2.5.2 Customer may terminate specified Service(s)after the delivery of a Connection Notice upon thirty days'wntten notice to City If Customer does so, or if Service is terminated by City hereunder as the result of Customer's default, Customer shall pay City a termination charge equal to the sum of (i)all unpaid amounts for Service actually provided, (ii) 100%of the remaining monthly recurring charges for months 1-12 of the Service Term, (iii)50%of the remaining monthly recumng charges for month 13 through the end of the Service Term, and (iv) if not recovered by the foregoing, any termination liability payable to third parties resulting from the termination Customer acknowledges that the charges in this Section are a genuine estimate of City's actual damages and are not a penalty 3.0 DEFAULT 3.1 Defaulting Party Defined. If Customer fails to make any payment when due and such failure continues for five business days after wntten notice from City,Customer shall be considered to be in default of its obligations under this Agreement If either party fails to observe or perform any other matenal term of this Agreement and such failure continues for thirty days after written notice from the other party, then that party shall be in default of its obligations under this Agreement 3.2 Non-defaulting Party's Privileges The non-defaulting party may (i)terminate this Agreement and/or any Customer Order, in whole or in part,and/or(ii)subject to Section 4 1 and 4 3 of this Agreement, pursue any remedies it may have at law or in equity 4.0 LIABILITIES AND SERVICE LEVELS 4.1 No Special Damages Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services,or any indirect, incidental, special,consequential,exemplary or punitive damages ansing out of the performance or failure to perform under this Agreement or any Customer Order 4.2 Disclaimer of Warranties. CITY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SERVICE SCHEDULE 4.3 Service Levels The "Service Level" commitments applicable to Services are contained in the Service Schedules for each Service If City does not meet a Service Level, a credit will be issued to Customer if and ©2010,2014 The City of Leesburg,Flonda Page 2 of 7 All rights reserved Proprietary and confidential only to the extent allowed by law City of Clermont MSA Issue A—8 Apr 2014 as stated in the applicable Service Schedule on Customer's written request To request a credit, Customer must contact City Customer Service(contact information is located at http//LeesburgFlonda gov)or deliver a written request per the provisions of Section 5 4 of this Agreement (with sufficient detail to identify the affected Service) within sixty days after the end of the month in which the event occurred Total monthly credits will never exceed the charges for the affected Service for that month Customer's sole remedies for any non-performance, outages, failures to deliver or defects in Service are contained in the Service Levels applicable to the affected Service 4.4 Right of Termination for Installation Delay In lieu of installation Service Level credits, if City's installation of Service is delayed by more than thirty business days beyond the Customer Commit Date, Customer may terminate the affected Service without liability upon written notice to City, provided such written notice is delivered prior to City delivering a Connection Notice for the affected Service This Section shall not apply where City is constructing facilities to a new location not previously served by City 4.5 Indemnification. The Customer agrees to make payment of all proper charges for labor and services required under this Agreement and to the extent allowed by Sec 768 28 , Fla Stat, Customer shall indemnify City and hold it harmless from and against any loss or damage, claim or cause of action, and any attorneys' fees and court costs, arising out of any unpaid bills for labor, services or materials furnished pursuant to this Agreement, any failure of performance of Customer under this Agreement,or the negligence of the Customer in the performance of its duties under this Agreement, or any act or omission on the part of the Customer, his agents,employees,or servants 4.6 Limitation of Liability and Remedies. Customer understands and agrees that City's liability and Customer's sole remedy against City for any loss or damage that arises directly or indirectly out of, or resulting from impairment of, any service provided by City pursuant to this Agreement, or any mistake, omission, interruption, delay, error, or defect in the provision of services, or for loss or damage caused by delayed performance, negligent performance or nonperformance regardless of Customer's form of action shall be limited to recovery of actual damages in an amount equivalent to the lesser of A The amount of actual and direct damages that are proven,or B The service charges incurred by Customer for the period of service during which such mistake, omission, interruption,delay, error,defect, or failure of service occurred 5.0 GENERAL TERMS 5.1 Force Maieure. Neither party shall be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, act of God, electrical, Internet, or telecommunication outage that is not caused by the obligated party, government restrictions, or other event outside the reasonable control of the obligated party Both parties will use reasonable efforts to mitigate the effect of such an event In the event City is unable to deliver Service as a result of a Force Majeure Event, Customer shall not be obligated to pay City for the affected Service for the duration of the event Force Majeure Events and scheduled maintenance under section 1 4 are considered "Excused Outages" and shall not, apart from City's gross negligence or willful misconduct, make City a defaulting party per Section 3 1 of this Agreement 5.2 Assignment and Resale Customer may not assign its rights or obligations under this Agreement or any Customer Order without the prior written consent of City, which will not be unreasonably withheld This Agreement shall apply to any permitted transferees or assignees Unless otherwise provided in a Service Schedule, Customer may provide Service to third parties or use the Services in connection with goods or services provided by Customer to third parties("Customer Provided Services") provided that Customer shall Indemnify, defend and hold City and its affiliates harmless from any claims arising from or related to any Customer Provided Services If Customer sells telecommunications services, Customer certifies that it has filed all required documentation and will at all times have the requisite authority with appropnate regulatory agencies respecting the same Nothing in this Agreement, express or implied, confers upon any third party any right, benefit or remedy under or by reason of this Agreement 5.3 Affiliates Customer's affiliates may purchase Service pursuant to this Agreement, and Customer shall be jointly and severally liable for all claims and liabilities related to Service ordered by any Customer affiliate ©2010,2014 The City of Leesburg,Florida Page 3 of 7 All rights reserved Proprietary and confidential only to the extent allowed by law City of Clermont MSA Issue A—8 Apr 2014 5.4 Notices Any notices provided by one party to the other party pursuant to this Agreement shall be in writing and deemed received if delivered personally, sent via facsimile, pre-paid overnight courier, electronic mail (if an e-mail address is provided)or sent by U S Postal Service or First Class International Post, addressed as follows IF TO CITY: IF TO CUSTOMER: City of Leesburg City of Clermont 501 W Meadow Street 685 W Montrose St P O Box 490630 P O Box 120219 Leesburg, FL 34749 Clermont, FL 34711 Attn Communications Manager Attn Information Technology Director Facsimile (352)435-9451 Facsimile (352)241-7370 Email communications manager@leesburgflonda gov Email ddennis@clermontfl org If no electronic or physical Customer address is indicated above, notices may be provided to any electronic or physical address identified on the Customer Order Either party may change its notice address upon notice to the other party All notices shall be deemed given on (i)the date delivered if delivered personally, by facsimile or e-mail (or the next business day if delivered on a weekend or legal holiday), (ii)the business day after dispatch if sent by overnight courier,or(iii)the third business day after dispatch if otherwise sent 5.5 Acceptable Use Policy; Data Protection Customer's use of Service shall comply with City's Acceptable Use Policy and Privacy Policy, as communicated in writing to Customer from time to time and which are also available through City's web site (http//leesburgflonda gov) Customer consents that City may use Customer data for the performance of City's obligations and the exercise of City's rights under this Agreement, including stonng, processing or transferring data to or from the United States 5.6 Intellectual Property and Publicity Neither party is granted a license or other right (express, implied or otherwise) to use any trademarks, copyrights, service marks, trade names, patents, trade secrets or other form of intellectual property of the other party or its affiliates without the express prior written authorization of the other party Neither party shall issue any press release or other public statement relating to this Agreement, except as may be required by law or agreed between the parties in writing 5.7 Governing Law: Amendment This Agreement shall be governed and construed in accordance with the laws of the State of Florida,without regard to its choice of law rules and jurisdiction for any claim or cause of action shall lie only in Lake County, Flonda This Agreement, including any Service Schedule(s) and Customer Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service This Agreement may only be modified or supplemented by an instrument executed by an authonzed representative of each party No failure by either party to enforce any right(s) hereunder shall constitute a waiver of such right(s) 5.8 Relationship and Counterparts The relationship between the parties is not that of partners, agents, or joint venturers This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument 5.9 Attorneys' Fees In the event litigation is required by either party to enforce the terms of this Agreement, the prevailing party of such action shall, in addition to all other relief granted or awarded by the court, be entitled to judgment for reasonable attorney's fees, incurred by reason of such action and all costs of arbitration or suit and those incurred in preparation thereof at both the trial and appellate levels, and in bankruptcy proceedings 5.10 Order of Precedence In the event of any conflict between this Agreement and the terms and conditions of any Service Schedule and/or Customer Order, the order of precedence is as follows (1) any Customer Order signed by Customer and accepted by City, 2) any Service Schedule either attached hereto or hereafter signed by Customer, and (3)this Agreement 5.11 Term. This Agreement shall become effective upon its execution by both Customer and City and shall continue in force for as long as any Service Schedule or Customer Order entered into under this Agreement remains in force This Agreement shall terminate one-hundred, eighty (180) days after all Service Schedules and Customer Orders enter into under this Agreement terminate 5.12 Severability. If a court of competent jurisdiction finds or holds any part of this Agreement or any Service Schedule or any Customer Order entered into under this Agreement to be unenforceable, then only the CO 2010,2014 The City of Leesburg,Florida Page 4 of 7 All rights reserved Proprietary and confidential only to the extent allowed by law City of Clermont MSA Issue A—8 Apr 2014 unenforceable provision or section shall be affected and the remaining portions of this Agreement or any Service Schedule or any Customer Order entered into under this Agreement shall continue in full force and effect 5.13 Entire Agreement This Agreement, including any Service Schedule(s) and Customer Order(s) executed hereunder,constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all pnor agreements, understandings, proposals, or representations relating to the Service,which are of no further force or effect The Service Schedules attached hereto are listed below • SERVICE SCHEDULE,Retail Internet Bandwidth, Issue 4—April 8,2014 • SERVICE SCHEDULE,Ethernet Network Transport,Issue 8—April 8,2014 and are integral parts hereof and are hereby made a part of this Agreement CITY OF LEESBU- LC/A("Ci y") , CITY OF CLERMONT, FLORIDA ("Customer") By (= LI' By T61101/4A Name J. n Christian Name bar nem Title Mayor Title (-.1-1,413 I I IQni,Q a.r Date June 23, 2014 Date 0 5/0 7icitO J 7 ATTESTED: 4/ /74/ (signed) Betty M. Richardson Its City Clerk APPROVED AS TO FORM AND CONTENT: (signed) Its City Attorney ©2010,2014 The City of Leesburg,Florida Page 5 of 7 All rights reserved Proprietary and confidential only to the extent allowed by law SERVICE SCHEDULE •l • Retail Internet Bandwidth ,EcssuRG Issue 4—April 8, 2014 Page 1 of 1 COMMUNICATIONS UTILITY This service is an IP transit service(including a dedicated IP access port)providing access to the City of Leesburg IP network and the global Internet This service is not oversubscribed on City's network, no portion of the bandwidth stated on the accompanying Customer Order is shared with any other customer on City's network 100%of the bandwidth is dedicated to Customer and available for Customer's use 24 x 7 The service is available through an Ethernet interface' at City's equipment located at the point of delivery noted in the accompanying Customer Order Customer may be required to use IP address(es)provided by City and assigned to Customer(or to Customer's affiliates) If Customer is required to use IP address(es)provided by City and assigned to Customer(or to Customer's affiliates),Customer(or Customer's affiliates)will be required to cease using those addresses when City ceases providing this service to Customer The service is considered unavailable if City's monitoring and/or testing demonstrates that its IP access port dedicated to providing this service is unable to send or receive traffic If,other than for Excused Outages,City testing finds the service is unavailable for the penods noted below, City will credit Customer's account with the amounts indicated Unavailability is stated as the service's cumulative unavailability per calendar month and does not span multiple calendar months "MRC"in the table below refers to Customer's monthly recurnng charge Cumulative Unavailability Credit (hours:minutes:seconds) 00 00 01 -00 10 00 no credit 00 10 01-00 45 00 5%of MRC 004501-40000 10%of MRC 4 00 01 -80000 20%of MRC 8 00 01-12 00 00 30%of MRC 12 00 01 -16 00 00 40%of MRC 16 00 01 -24 00 00 50%of MRC 24 00 01 or greater 100%of MRC Escalation Schedules Please visit our website for the most up-to-date escalation list for your technical or commercial concems http//www LeesburgFlorida gov —Government —►Departments --Communications Utility —Escalation Lists 1 Note that this service must be combined with an Ethernet Network Transport circuit,with one endpoint being at Customer's desired premises and the other endpoint being at City's point of delivery '"f""°"' SERVICE SCHEDULE I�. •ie Ethernet Network Transport ,EER c Issue 8–April 8, 2014 EST ,„51 COMMUNICATIONS UTILITY Page 1 of 1 This leased service is transport of customer data across a Layer 2 Ethernet network with a Line Rate and Customer Bandwidth as stated in the applicable Customer Order Customer Bandwidth includes various overheads such as packet headers and protocol-dependent elements,all of which result in actual payload throughput being less than the stated Customer Bandwidth Customer's traffic may be transported on City's network using either IEEE 802 1Q or IEEE 802 lad which is also known as IEEE 802 lQinQ and is sometimes informally referred to as"Q-in-Q" Vanous levels of Quality of Service are available as optional services Service delivery points are located on Customer's premises in a climate-controlled environment where 110 VAC electncal power is readily available The logical and physical demarcation points at each endpoint are an interface and a port respectively on City equipment If,other than for Excused Outages,City testing finds that less than 95%of the data delivered by Customer at either endpoint is being delivered to the other endpoint and that such Customer-delivered-bandwidth does not exceed the Customer Bandwidth stated in the applicable Customer Order,City will credit Customer's account with the amounts indicated Outages spanning calendar months are considered a single outage and are credited in the month in which the outage ends "MRC"in the table below refers to Customer's monthly recumng charge Outage lasting at least Outage lasting not more Credit than 24 continuous hours 47 continuous hours 6%of MRC 48 continuous hours 71 continuous hours 12%of MRC 72 continuous hours 95 continuous hours 18%of MRC 96 continuous hours 120 continuous hours 25%of MRC 120 continuous hours 191 continuous hours 50%of MRC 192 continuous hours 720 continuous hours 100%of MRC Escalation Schedules Please visit our website for the most up-to-date escalation list for your technical or commercial concerns http•//www LeesburgFlorrda.gov —Government —Departments —Communications Utility —Escalation Lists N' r CUSTOMER ORDER Ethernet Network Transport Circuit ,cEsBur?° Page 1 of 1 COMMUNICATIONS UTILITY CITY ORDER REFERENCE: 1407ENT-001 ORDER ISSUE DATE: 3 July 2014 VALID THROUGH: 31 July 2014 CUSTOMER: The City of Clermont, Florida Post Office Box 120219 Clermont, Florida 34711 Circuit Endpoint A: 501 West Meadow Street Leesburg, Flonda Circuit Endpoint B: 685 West Montrose Street Clermont, Florida Service Start Date: <90 days after City's acceptance of order Ethernet Line Rate: 1000 Mbps Customer Bandwidth: local loop for Internet Service Term: 12 months Monthly Recurring Fee: $180 00 Nonrecurring Installation Fee: none SPECIAL TERMS AND CONDITIONS 1 Customer may order the Ethernet Network Transport Circuit as described above by signing,dating and returning one original of this form to City no later than"valid through"date stated above Upon City's wntten acceptance of this order,it shall become a Customer Order governed by the Master Service Agreement previously entered into by and between Customer and City and the then applicable Ethernet Network Transport Service Schedule 2 This circuit is transported in part by means of optical fiber provided by Customer from a point of interconnection with City optical fiber in a Customer vault located at approximately the northeast corner of the intersection of West Avenue and Chestnut Street in Clermont 3 This Customer Order shall automatically renew for a 90-day extension("Extension")at the end of the Service Term stated above or any Extension unless customer provides written notice of intent to not extend the order no less than 45(forty- five)days pnor to the end of the Service Term stated above or any then effective Extension 4 Customer may request increased bandwidth for this Ethernet Network Transport Circuit by signing and returning to City a revised Customer Order at any time dunng the Service Term noted above or any Extension 5 This circuit is provided by means of City-owned equipment deployed in part at Customer premises In placing this order, Customer agrees to not move,remove,bypass,configure,reconfigure or otherwise tamper with City-owned equipment other than as explicitly directed by City Customer further agrees to not allow any other party to move,remove,bypass, configure,reconfigure or otherwise tamper with City-owned equipment other than as explicitly directed by City 6 Customer agrees to allow City reasonable access to City-owned equipment deployed at Customer premises I , q/3/2.0/4- (authorized signature on behalf of Customer) (date) +D. Al A-0 C'. D wA//5 ARP-AN-dog&Alou94VL (printed name) (title) ACCEPTED BY C TY kek&iir Seg 749/V date A CUSTOMER ORDER nol Retail Internet Bandwidth ,,EsBaRG Page 1 of 1 COMMUNICATIONS UTILITY CITY ORDER REFERENCE: 1407RIB-001 ORDER ISSUE DATE: 3 July 2014 VALID THROUGH: 31 July 2014 CUSTOMER: The City of Clermont, Florida Post Office Box 120219 Clermont, Florida 34711 Delivery Point: 501 West Meadow Street Leesburg, Florida Port Speed: 1000 Mbps Port Protection: No Upstream Route Protection: Yes Service Term: 12 months Customer Bandwidth: 5 Mbps Nonrecurring Installation Fee: $375 00 Monthly Recurring Fee: $675 00 Ipv4 Addresses: no charge Service Start Date: <90 days after City's acceptance of order SPECIAL TERMS AND CONDITIONS 1 Customer may order the Retail Internet Bandwidth as described above by signing,dating and returning one original of this form to City no later than"valid through"date stated above Upon City's written acceptance of this order,it shall become a Customer Order governed by the Master Service Agreement previously entered into by and between Customer and City and the then applicable Retail Internet Bandwidth Service Schedule 2 Upon acceptance by City,this order replaces and extinguishes the following prior Customer Order for Retail Internet Bandwidth none 3 This Customer Order shall automatically renew for a 90-day extension("Extension')at the end of the Service Term stated above or any Extension unless customer provides wntten notice of intent to not extend the order no less than 45(forty- five)days prior to the end of the Service Term stated above or any then effective Extension 4 Customer may request increased bandwidth for this Retail Internet Bandwidth by signing and returning to City a revised Customer Order at any time dunng the Service Term noted above or any Extension 5 Customer agrees not to resell,barter,trade or otherwise pass the Internet bandwidth provided by City under this order to any third parties other than to (1)parties controlled by Customer,(2)parties controlled by the same parent company as that which controls Customer,or(3)any parties that are wholly-owned by Customer 6 This service is provided by means of City-owned equipment deployed in part at Customer premises In placing this order, Customer agrees to not move,remove,bypass,configure,reconfigure or otherwise tamper with City-owned equipment other than as explicitly directed by City Customer further agrees to not allow any other party to move,remove,bypass, configure,reconfigure or otherwise tamper with City-owned equipment other than as explicitly directed by City 7 Customer agrees to allow City reasonable access to City-owned equipment deployed at Customer premises C �' 3/2o/ (authonzed signature on behalf of Customer) (date) --� -JOAlik.D e. /6-,,NOCLg?' Deeszoc (printed name) (title) ACCEPTED BY CITY 1111 ?/r Zog' (date) RESOLUTION NO. 9 419 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MASTER SERVICE AGREEMENT WITH THE CITY OF CLERMONT, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA: THAT the Mayor and City Clerk are hereby authorized to execute a Master Service Agreement with The City of Clermont, Florida, whose address is P 0 Box 120219, Clermont, FL 34711, under which communications services are provided THAT this resolution shall become effective immediately PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the 23rd day of June 2014 q11, 7ayor ATTEST / 200 City Cler