Staff Report re Fourth Amendment to Comcast Agreement Page 1 of 3
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Daniel Barros, City Manager
MEETING DATE: February 12, 2025
SUBJECT: Fourth Amendment to Comcast Agreement
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE BULK CABLE
TELEVISION SERVICES AGREEMENT WITH COMCAST TO EXTEND THE AGREEMENT FOR THREE YEARS PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
RESPONSIBLE
BACKGROUND
In 2002, the Town contracted with TCI Cablevision, the predecessor to Comcast Corporation, to provide cable television services to all residents. The Comcast contract was renewed every three to five years after 2002.
A new five-year bulk services agreement was executed with Comcast in 2015. The original agreement included a cost of $30 per unit for cable service ($26.75 per unit charge for bulk video service and $3.25 per unit cost for broadcast TV). The original agreement was set to expire on May 31, 2020. The agreement allowed Comcast to escalate the monthly cost by 3% annually.
In December 2017 the bulk services agreement was amended; the amendment related to the calculation of Public, educational, and governmental access fees (PEG). This amendment was to clarify that Comcast did not need to pay the Town governmental access support fees or PEG Fees. Because those fees would be imposed on subscribers (in this instance the Town), it didn’t make sense for the Town to agree to have Comcast collect PEG Fees as Comcast would impose it on the Town only to provide it back to the Town. In a normal situation where residents are the subscribers, a PEG Fee makes more sense. This amendment did not change the term of the original agreement or the costs.
ITEM #5
Staff Report re Fourth Amendment to Comcast Agreement Page 2 of 3 In November 2018 the bulk services agreement was amended, adding units from Veteran’s Village (66 units) and the B and C Street Homes (9 homes). The third amendment was executed in November 2019, extending the agreement for an additional five years. This amendment also changed some of the Town’s pricing but kept the overall monthly cost per household the same as follows: The amendment included a cost of $30 per unit for cable service with a breakdown different than the original agreement with a $25.50 per unit charge for bulk video service and a $4.50 per unit cost for broadcast TV). This amendment continued to allow Comcast to escalate the monthly cost by 3% annually. This amendment also introduced the option for the Town and Comcast to allow the agreement to continue to extend annually past the termination date of November 2024 with automatic renewals thereafter for one year periods unless either party provides a maximum of 270 days’ notice of its intent not to renew the agreement.
ANALYSIS
With the third amendment set to officially expire in November 2024 (with the understanding that it would automatically renew for a one-year period in November 2024), staff engaged in communication with Comcast to express our desire to execute another amendment and continue the ongoing contractual relationship, but potentially with better pricing. To that end, Comcast has provided Town staff with the Fourth Amendment which includes slightly better pricing as follows:
• Overall Monthly Cost: $29.00 per unit (comprised of $15.65 per unit for bulk video service and $13.35 per unit for broadcast TV)
The above represents a savings to the Town of $1.00 per unit per month compared to the last amendment. There is also further cost savings as Comcast has escalated its cost annually so the current monthly cost per unit since the Third Amendment was executed is $15,090. This represents a monthly cost savings of $503.
This amendment would extend the term of the original agreement again, but this time for 3 years through January 2028. It would also continue to allow for automatic renewals after the expiration date for one-year periods unless either party provides a maximum of 270 days’ notice of its intent not to renew the agreement. This amendment also allows Comcast to escalate its price by 3% annually. All other terms included in the original agreement would remain.
FISCAL IMPACT
The proposed amendment is for 499 households and Town facility cable services (4) at a rate of $29 each. The annual cost to the Town would be approximately $176,000.
ALTERNATIVES
The City Council could choose not to approve the amendment and continue with the current one- year renewals provided for under the Third Amendment, which is still controlling the relationship between the Town and Comcast . This alternative is not recommended since the agreement is intended to provide cable services to all within the Town.
Staff Report re Fourth Amendment to Comcast Agreement Page 3 of 3
CONCLUSION
Staff recommends the City Council adopt the resolution.
ATTACHMENTS
A. Resolution
B. Original Agreement and First Three Amendments
C. Fourth Amendment
25977.00100\43227267.1
Res. 2024-__, Fourth Amendment Bulk Cable Television Services Agreement Page 1 of 4
RESOLUTION NO. 2025-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION APPROVING FOURTH AMENDMENT TO THE BULK CABLE
TELEVISION SERVICES AGREEMENT WITH COMCAST TO EXTEND THE
AGREEMENT FOR THREE YEARS PURSUANT TO CEQA GUIDELINE
15378
The City Council of the Town of Colma does hereby resolve:
1. Background.
(a) In 1998, the Colma Recreation Advisory Committee, led by an outside, independent expert in recreational and leisure services and comprised of residents and staff members of the Town, filed a report recommending that the Town develop a comprehensive recreational program which should meet the following goals, inter alia:
(i) The Town should subsidize all new and existing recreation programs; (ii) Programs should be consistent and sustainable;
(iii) There should be a variety of recreational programs which encompass the total needs of individuals, represent the demographic needs of the community, provide quality leisure experiences, and provide participants with exposure to positive images of diversity. (b) Since then, the City Council has endeavored to develop such a comprehensive recreational program and, in furtherance thereof, adopted Guidelines for Recreation and Leisure Programs, Events and Activities (Colma Administrative Code § 2.01.010 et seq.). The Guidelines encourage the development of programs that encompass the total needs of the individual, including education, culture, personal relaxation, and self- improvement (Colma Administrative Code §
2 .01.100) and provide for increased access for all citizens. (c) In 2002, prior to adopting Resolution 2002 -15, the Council reviewed the following documentary evidence: Town of Colma Recreation Activities Committee, Colma Recreation Activities Guide, 1998; City and County of San Francisco, Recreation and Park Department Assessment Project, 1998; California Park and Recreation Society, Vision Insight Planning Strategic Plan, 1999; Canadian Parks/Recreation Association, Benefits of Parks and Recreation Catalogue, 1997 (web site: http://www.lin.ca/htdocs/catackn.htm); and found, among other facts, that:
(i) Making cable television programs available to all residents of the Town of Colma provides a substantial public benefit because cable television offers so much informational, educational and recreational value to the viewer;
(ii) Adopting a program wherein the Town shall pay for all residents to have access to and continued availability of cable television services is desirable in a free and democratic society where the people are the electorate because the citizenry becomes more informed, more up to date on current issues affecting the nation, region, and locality, and more ready to meet the responsibilities of being an informed electorate; and
ATTACHMENT A
25977.00100\43227267.1
Res. 2024-__, Fourth Amendment Bulk Cable Television Services Agreement Page 2 of 4
(iii) Making cable television services available to all residents of the Town is consistent with the Policies set forth in the R ecreation Program Guidelines contained at Colma Administrative Code § 2.01.100.
(d) In 2002, after making these findings, the City Council adopted Resolution 2002-15, which approved a Bulk Services Agreement with TCI Cablevision , the predecessor to Comcast Corporation and authorized the Town to subsidize cable television programming for Town residents.
(e) Since 2002, the contract has been renewed every three to five years. (f) In 2015, the Town entered into an amended and restated agreement with Comcast Corporation for five years.
(g) In 2017, the Town en tered into a First Amendment related to the calculation of Public, educational, and governmental access fees (PEG).
(h) In 2018, the Town entered into a Second Amendment to include additional units in the Town.
(i) In 2019, the Town entered into a Third Amendment to extend the term five years, and allow for one year automatic extensions after the termination date. (j) Staff is now recommending that the City Council enter into a Fourth Amendment to extend the term three years with better pricing than prior contractual arrangements between the Town and Comcast.
2. Findings.
The City Council finds that each of the following facts are true:
(a) Recreational, educational, and cultural opportunities for Colma residents are limited. The total amount of land dedicated for park purposes is 2.43 acres. This amounts to approximately
1.5 acres of parkland per 1,000 residents. This is lower than the recommended target of 3.0 acres of parkland per 1,000 residents. Because of these limited recreational opportunities, the Town of Colma subsidizes recreational, educational and cultural opportunities for its citizens to increase accessibility for its residents. For example, the Town has sponsored and subsidized children’s summer camps, summer picnics, holiday parties, and cultural trips to museums. (b) Cable television programming provides significant informational, educational, cultural, civic, and recreational values to people. By subsidizing the distribution of cable television programming, the Town will bring these values to the entire community. (c) The informational and news value of cable television programming is well -established.
Among the ongoing programming of cable television are (i) network channels, including CNN, MSNBC, and CNBC, which report the news or offer informed commentary of current events 24 hours per day; (ii) local PEG channels covering the governmental and public affairs matters of importance to the Town; (iii) several local stations which each broadcast up -to-date local news and weather for the region, the state and the nation; and (i v) a weather channel. A wider 25977.00100\43227267.1
Res. 2024-__, Fourth Amendment Bulk Cable Television Services Agreement Page 3 of 4
penetration of news programming leads to a more informed and educated electorate and community.
(d) Cable television offers a wealth of educational programs. Many channels focus solely on one theme, such as History channel and Discovery channel. Some news channels offer significant educational content when not reporting news. Just as news of current even ts leads to a more informed and educated public, educational and history programs help the public better understand civic, national and international events and issues. (e) Self-improvement programming also provides a benefit to the public. HGTV, for example, teaches people how to care for and improve their homes, which in turn preserves neighborhoods and maintains home values.
(f) Studies have shown that the average American who reaches the age of 70 spends approximately 27.5 years involved in some form of recreation. The average person will attribute the relative happiness of their life to the quality of their leisure time. To obtain relative happiness and quality leisure time, participants must have a variety of activities from which to choose.
Television, despite its sometimes seemingly trivial side, offers a leisurely respite from the stresses of modern urban living.
(g) Continuing the Town’s program of subsidizing residents’ access to and continued availability of cable television services provides a substantial public benefit, as more particularly described in the foregoing findings.
(h) Continuing the Town’s program of subsidizing residents’ access to and continued availability of cable television services is desirable in a free and democratic society where the people are the electorate in that the citizenry becomes more informed, more up to date on current issue affecting the nation, region, and locality, and more ready to meets the responsibilities of being an informed electorate.
(i) Continuing the Town’s program of subsidizing residents’ access to and continued availability of cable television services is consistent with the Policies set forth in the R ecreation Program Guidelines contained at Colma Administrative Code § 2.01.100. (j) The Town’s program of subsidizing residents’ access to and continued availability of cable television services should be expanded as appropriate to ensure all Town residents have access to the program’s benefits.
3. Order.
(a) The City Council hereby approves the Fourth Amendment to the agreement between the Town and Comcast.
(b) The Mayor is authorized to execute the fourth amendment to the existing Bulk Cable Television Services Contract with Comcast Corporation for the purposes of extending the agreement for three additional years , with such technical amendments as may be deemed appropriate by the City Manager and the City Attorney.
25977.00100\43227267.1
Res. 2024-__, Fourth Amendment Bulk Cable Television Services Agreement Page 4 of 4
Certification of Adoption
I certify that the foregoing Resolution No. 2024-__ was duly adopted at a regular meeting of said City Council held on February 12, 2025 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor x
Carrie Slaughter, Vice Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Dated ______________________ ___________________________________ Ken Gonzalez, Mayor
Attest: ____________________________
Michelle Estabillo, City Clerk
AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT
This Amended and Restated Bulk Video Services Agreement (the "Agreement") is effective June 1, 2015, and is between Comcast of California IX, Inc. (the "Company"), whose address is 3055 Comcast Place, Livermore, CA 94551, and Town of Colma (the "Town"), whose address is 1198 El Camino Real, Colma, CA 94014. As of the date of this Agreement, there are 424 covered Residential Dwelling Units ("RDU") as defined below in the Town as listed in Exhibit A plus four (4) public buildings owned or occupied by agencies of the Town. Together, the RDUs and the four (4) public buildings comprise the "Premises".
The Company has been granted a franchise as evidenced by California Video Franchise Certificate No. 0021 (hereafter, "Certificate 0021 ") by an authorized governmental agency ( the "Franchise Authority") to construct and operate a cable communications system in Colma, California (the "Franchise Area"). The Town wishes to provide, as a subsidized or partially subsidized public benefit, multi-channel video services to the Premises on a bulk billing basis (the "Bulk Video Services").
The Company is currently providing Bulk Video Services pursuant to an agreement entered into with the Town dated February 1, 2009, as amended, and the Parties wish to replace that agreement with this Agreement effective as of June 1, 2015.
The parties, for good and valuable consideration, intending to be legally bound, agree as follows:
l. Wiring.
The Company has installed the facilities necessary to provide the Bulk Video Services to the RDUs and the 4 public buildings (the "Company Wiring"). The portions of the Company Wiring in the public rights of way shall be and will remain the property of the Company and subject to the requirements set forth in Certificate 0021. The ownership of those portions of the Company Wiring not within the public right of way shall be as agreed to between the RDU owners with respect to the RDUs or the Town with respect to the public buildings in accordance with applicable law. All work shall be done by the Company in a proper and workmanlike manner in accordance with Federal Communications Commission ("FCC") regulations, industry standards and local codes, unless otherwise provided in this Agreement. The Company shall be responsible for all costs and expenses incun-ed by it in operating, maintaining and repairing the Company Wiring. The Company agrees to repair and/or replace any damage to the Premises resulting from the operation, maintenance or repair of the Company Wiring, except as otherwise provided in this Agreement. The Company will be responsible for obtaining all necessary permits, licenses and approvals in connection with the operation of the Company Wiring.
2. Resident Information/Unauthorized Use of Bulk Video Services.
The Town will supply the names and addresses of residents at reasonable intervals. The Town shall cooperate with the Company to prevent (i) the unauthorized possession of converters or channel selectors and (ii) the unauthorized reception of the Bulk Video Services.
ATTACHMENT B
3. Franchise Fees.
The Company shall not be required to calculate or remit to the Town any franchise fee on revenues received from the Town for Bulk Video Services covered by this Agreement, nor shall the Company pass through any franchise fees to the Town on invoices issued pursuant to Section 5(b) for Bulk Video Services covered by this Agreement.
4. Delivery of Bulk Video Services.
The Town has the authority to grant and does hereby grant to the Company during the term hereof the right to deliver the Bulk Video Services to the Premises, unless otherwise required by applicable law. The Town shall not enter into a bulk video services agreement with another service provider to provide services similar to the Bulk Video Services during the te1m of this Agreement regardless of the method used to deliver such video services to the Premises.
However, nothing in this Agreement shall prohibit other service providers from providing service to the Premises provided that no use is made of the Company Wiring by such other service providers. The Town acknowledges that if a resident utilizes another provider for services using the wiring within the RDU that the Company is using to provide the Bulk Video Services, the resident may not be able to receive the Bulk Video Services and such inability to receive the Bulk Video Services will not be a breach of this Agreement by the Company or result in a reduction in the per unit fees paid by the Town.
5. Fees and Charges for Bulk Video Services.
a) The Company agrees to provide Bulk Video Services on one (1) outlet in each of the 424 RDUs and those portions of the Bulk Video Services that do not require two way communications to two (2) outlets in each of 424 RDUs and a total of twelve (12) outlets in the four (4) public buildings identified in Exhibit A. As of the date of this Agreement, the Bulk Video Service consists of the channel lineup set forth on Exhibit B attached hereto which is subject to change from time to time.
b) The Town shall pay the Company a monthly fee for Bulk Video Service equal to $26.75 per unit and a broadcast TV fee of $3.25 per unit for a "monthly per unit service fee" of $30.00, plus all applicable government fees and taxes, except for franchise fees. For the 424 dwelling units and four (4) public buildings, the initial total monthly fee will be $12,840.00 plus all applicable government fees and taxes. The monthly per unit service fee referenced above does not include any fees which may be billed directly to RDU residents for Additional Services (defined in Section 5(e) below) or any fees which may be billed directly to the Town for additional equipment or other technical services at the public buildings. The monthly per unit service fee may be increased by the Company once aimµally upon thirty (30) days written notice and shall not exceed 3 % and further provided that the rai:e increase shall not be greater than the service rate increases applicable to residential subscribers in Daly City, California for Digital Starter or equivalent service.
c) The Town may modify the RDUs covered by the Agreement for any homes or • buildings added or constructed in the future. The parties agree to meet and confer in good faith from time to time, but no less than annually, to determine the number oflegal residential
dwelling units in the Town covered by the Agreement. After a determination that the number of residential dwelling units covered by the Agreement is different than 424 RDUs, the billing will be adjusted to reflect the adjusted number ofRDUs beginning with the next quaiier after the determination has been made. Notwithstanding the foregoing, the Company shall have no obligation to provide the Bulk Video Services to any RDU for which it is not receiving the monthly per unit Bulk Video Service fee.
d) Monthly per unit Bulk Video Service fees pursuant to this Agreement shall be due and payable upon receipt of an invoice and shall be subject to an administrative fee of 1 % per month if not paid within (15) calendar days of receipt thereof. The Company may terminate this Agreement upon written notice to Town in the event payment of the monthly per unit Bulk Video Service fee remains unpaid for sixty ( 60) days.
e) The Town acknowledges and understands that a digital receiver is required to receive the Bulk Video Service. To the extent that a resident does not have such equipment in their residential unit as of the effective date of this Agreement, the Company shall provide each resident with one (1) high definition digital receiver and one (1) remote control and with two (2) high definition digital adapters and two (2) remote controls at no additional monthly charge provided that the resident enters into a separate agreement with the Company accepting responsibility for the receiver, adaptors, remote(s) and any services purchased which are additional to the Bulk Video Service (the "Additional Services"). The Town assumes no liability or responsibility for service or equipment charges for Additional Services contracted for by individual residents. If a resident refuses to enter into such agreement or violates such agreement, the resident may be capable of viewing only those p01iions of Bulk Video Service that do not require a high definition digital receiver or digital adapter and the Company shall not be required to provide any reduction in the monthly per unit Bulk Video Service fee. The type of high definition digital receiver, high definition digital adapters and remotes provided to the residents shall be at the Company's sole discretion.
f) The Company shall provide the Town with up to 12 high definition digital adaptors and 12 remote controls capable of receiving the Bulk Video Service at no additional monthly charge. The type of high definition digital adaptors and remotes provided to the Town shall be at the Company's sole discretion. The Town shall keep an inventory report of the high definition digital adaptors and remotes issued to the Town listing status of each adaptor and remote as in one of the following statuses: (1) in inventory; (2) installed in a public building listing the location within the building; (3) missing, lost, stolen, damaged; or ( 4) exchanged not damaged. The Town shall provide such inventory report to the Company upon the Company's request and shall provide reasonable access to the Company to verify the accuracy of the inventory rep01i. The Town shall return all adaptors and remotes to the Company within ten (10) days of the termination or expiration of the Agreement. The Town shall reimburse the Company for the Company's costs to replace any adaptors or remotes issued to the Town that are lost, stolen, missing or damaged within thirty (30) days of receipt of an invoice from the Company.
The Company will replace non-functioning adaptors and remotes at no charge after the Company determines that the failure of such adaptor or remote is not the result of misuse or intentional damage. The Company will replace such lost, stolen, missing or damaged adaptors and remotes after the receipt of payment from the Town of the full replacement costs of such equipment. The
Town shall pay such costs within thirty (30) days of receipt of an invoice from the Company.
The digital adaptors and remotes are and shall remain the personal property of the Company. g) The Town may not sell, offer for sale or resell any of the services contemplated by this Agreement without the prior written consent of the Company. h) The RDU residents are eligible for promotional pricing for bundled and/or upgraded services for bulk customers as made by the Company within the service area set forth in Certificate 0021.
6. Programming and Licenses
a) The Town acknowledges and agrees that the Company has the right at any time to preempt, without prior notice, specific programs and to determine what substitute programming, if any, shall be made available. The Company may, in its discretion, make additions, deletions or modifications to its channel line-up without liability to the Town or anyone claiming through the Town so long as the Company continues to provide a level of Bulk Video Services that is substantially equivalent to the channel lineup set forth in Exhibit B. The Company shall not be liable for failure to deliver any programming which is caused by the failure of the programmer to deliver or make such programming available to Company or any other reason beyond the reasonable control of the Company.
b) The Bulk Video Services may not be displayed ( either in whole or in part) in bars, lounges, lobbies or other public areas, except for the public buildings set forth in this Agreement.
The Town may not charge a cover charge or admission fee to the public buildings for any Bulk Video Services. The Town shall not permit any advertisement, program delay, intem1ption, editing, insertion, deletion or alteration in the Bulk Video Services provided to the public buildings. The Town shall not authorize and shall take reasonable steps to prevent unauthorized copymg or videotaping of the Bulk Video Services and Additional Services in the public buildings.
c) The Town acknowledges that it may be required to obtain additional licenses or authorizations in order to publicly perform and/or display certain copyrighted material in the public buildings. The Town acknowledges and agrees that it (and not the Company) shall be solely responsible for obtaining all such licenses or authorizations and the payment of any charges or fees in connection therewith.
7. Customer Service.
a) The Company shall provide customer service in accordance with state law and applicable Town ordinances. The Company will maintain a local or toll-free telephone number which will be available to its subscribers twenty-four (24) hours a day, seven (7) days a week. Company representatives will be available to respond to customer telephone inquiries during normal business hours. The Company will begin working on service interruptions promptly and in no event later than the next business day after notification of the service problem, excluding conditions beyond the control of the Company.
b) The Company will provide the Town's Manager with the name and telephone number of a designated Community Account Representative ("CAR") to address specific concerns of the Town with respect to Bulk Video Services.
8. Interference.
Notwithstanding anything else in this Agreement to the contrary, the Company shall not interfere with the right of an individual resident to install or use his or her own private reception device, provided, however, that should any device or any facility belonging to a resident (or the Town) does not comply with the technical specifications established by the FCC, including, but not limited to, signal leakage, which interferes with the Company's delivery of the Bulk Video Services, the Company reserves the right to discontinue the Bulk Video Service to any or all of the RDUs or the public buildings until such non-conformance is cured by the Town or resident, as the case may be.
9. Term.
This Agreement, when duly executed by both parties, shall constitute a binding agreement between the Town and the Company and their respective successors and assigns from June 1, 2015 through May 31, 2020. Thereafter, this Agreement shall automatically renew for successive periods of one (1) year unless either party shall provide the other with a minimum 270 days' notice of its intention not to renew at the end of the then current term.
10. Insurance.
The Company agrees to maintain comprehensive general liability insurance with a minimum combined single limit of not less than two million dollars ($2,000,000) per occurrence for bodily or personal injury to, illness of, or death of persons, and damage to property, as required by the Town's ordinances. Upon request, the Company will provide the Town with a certificate evidencing such insurance.
11. Indemnification.
a) The Company shall indemnify, defend and hold the Town harmless from any and all claims, damage or expense arising out of the actions or omissions of the Company, its agents and employees with respect to the installation, operation, maintenance or removal of the Company Wiring and the Services provided RDUs pursuant to this Agreement. b) The Town agrees to indemnify and hold harmless the Company from any claims, actions or lawsuits arising from the acts or omissions of the Town, its employees, contractor or other representative with respect to the validity or enforceability of this Agreement under local or state law. Such indemnification and hold harmless includes, but is not limited to, damages, attorney fees or other costs arising from such claim, action or lawsuit. c) Each party seeking such indemnification shall use reasonable efforts to promptly notify the other of any situation giving rise to an indemnification obligation hereunder and neither party shall enter into a settlement that imposes liability on the other without the other party's consent, which shall not be umeasonably withheld.
12. Limitation of Liability.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL INCIDENTAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOSS OF
PROFITS, LOSS OF CAPITAL, COST OF SUBSTITUTE PRODUCT(S), FACILITIES OR
SERVICES, OR DOWN TIME COST, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Termination.
a) Default. In the event either party defaults in the performance of any of the material terms of this Agreement, the non-defaulting party shall give the defaulting party written notice specifying the nature of such default and identifying the specific provision in this Agreement which gives rise to the default. The defaulting party shall have sixty (60) days to either (i) notify the non-defaulting party that no default occurred and provide reasonable proof thereof, (ii) cure the default, or (iii) if such default is incapable of cure within such sixty ( 60) day period, commence curing the default within such sixty ( 60) day period and diligently pursue such cure to completion. In the event if the defaulting party fails to do so within such sixty ( 60) day period, the non-defaulting party may terminate this Agreement upon thirty (30) days written notice without further liability of either party.
b) Permanent Loss of Authority. This Agreement shall terminate automatically without any further liability on the part of the Company in the event the Company lacks authority to continue to provide the Services to the Premises due to loss of governmental authorization.
This clause, however, shall not apply to periods of transition, such as franchises subject to review, transfer or reapplication, or where te1mination is the subject of dispute.
14. Removal of Company Wiring.
a) Upon expiration or termination of this Agreement for any reason the Company shall have a period of six (6) months during which it shall be entitled, but not required, to remove the Company Wiring within the public rights of way. The Company shall promptly repair any damage to the Premises caused by the removal of the Company Wiring. b) Notwithstanding anything to the contrary contained in this Agreement, the removal period referenced in section (a) shall be tolled for as long as the Company has the right under applicable law to continue to provide any or all of the Services to any or all of the units on the Premises after the termination or expiration of this Agreement, in which case the Company shall have the right to continue to own and use the Company Wiring to provide the Services.
This Section shall survive the termination of this Agreement.
15. Dispute Resolution.
All disputes under this Agreement shall be submitted to and settled by arbitration in accordance with the rules of the American Arbitration Association. The parties shall appoint a mutually
agreeable arbitrator reasonably familiar with broadband communications systems and services.
In the event the parties are unable to agree to a single arbitrator, the dispute shall be submitted to a panel of three (3) arbitrators, one of which shall be reasonably familiar with broadband systems and services. Each party shall appoint an arbitrator and the two arbitrators so appointed shall then select a third arbitrator. The arbitrators shall apply applicable federal laws and regulations and the laws of the jurisdiction in which the Premises are located, without regard to its choice of law principles. The decision of the arbitrators shall be binding and conclusive on all parties involved, and judgment upon their decision may be entered in a court of competent jurisdiction.
The prevailing party in any such arbitration shall be entitled to collect from the non-prevailing party all costs of the arbitration, including reasonable attorneys' fees.
16. Miscellaneous.
a) Definition of a Residential Dwelling Unit (RDU): A Residential Dwelling Unit (RDU) is defined as any building or portion thereof which contains living facilities, consisting of provisions for sleeping, eating, cooking and sanitation, for not more than one family. b) Force Majeure. Neither party shall be liable for failure to perform its obligations under this Agreement due to acts of God, the failure of equipment or facilities not owned or controlled by a party (including, but not limited to, utility service), denial of access to facilities or rights-of-way essential to serving the Premises, government order or regulation or any other circumstances beyond the reasonable control of the party with the performance obligation. c) Assignability; Binding Effect. This Agreement may be assigned by either party, provided, however the Town may not assign this Agreement to any person or entity that does not govern the Town of Colma. The assignee shall agree in writing to be bound by all the terms and conditions hereof. This Agreement shall be binding upon the parties and their respective successors and assigns.
d) No Third Party Beneficiaries. This Agreement shall not provide any person not a party to this Agreement with any remedy, claim, liability, reimbursement, commission, cause of action or other right.
e) Applicable Law. This Agreement shall be governed and construed in accordance with applicable State of California and federal laws and regulations. Any state action brought on, or arising out of this Agreement shall be brought in San Mateo County, California, and any federal action brought on, or arising out of this Agreement, shall be brought in the Northern District of California.
f) Invalidity. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired.
g) Notices. All notices, demands, requests or other communications given under this Agreement shall be in writing and be given by personal delivery, United States Postal Service, or nationally-recognized overnight courier service to the address set forth below or as may
subsequently in writing be requested.
Ifto the Town of Colma:
Town of Colma
1198 El Camino Real
Colma, CA 94014
Attn.: Town Manager
Ifto the Company:
Comcast of California IX, Inc.
3055 Comcast Place
Livermore, CA 94551
Attn.: MDU Operations
With a copy to:
Comcast Cable Communications, LLC
One Comcast Center
Philadelphia, PA 19103
Attn.: General Counsel
h) Entire Agreement; Amendments. All recitals set forth above are hereby incorporated into the body of this Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, promises and understandings, whether oral or written. This Agreement shall not be modified, amended, supplemented or revised, except by a written document signed by both parties.
i) Authority. Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein.
[SIONA TURES APPEAR ON THE NEXT PAGE.]
IN WITNESS WHEREOF, the paiiies hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above.
WITNESS/ ATTEST
Name: Sean Rabe, City Manager
**Please See Attach**
:k.. California Acknowledgment
_ California Jurat
ATTEST:
Name:
TOWN
Town of Colma
By:9<~:fb~ .
N#.i e: Joanne Del Rosario
Title: Mayor **Please See Attach**
COMPANY
$ Califomia Adu\bwledgment
_ California Jurat
Comcast of California IX, Inc.
y:
Name: Elaine Barden
Title: Regional VP Sales & Marketing
Callfarnlll AII-Parpa■e Certlllcate of
A na111ry public ar alhlr afflclr campllllng 1h11 certlllcllll wrlllll only the ldlnllly or the lnr:lvldUII who ligned the documlflt to which thll Clrtlflc:a II l1llctled, and not thl trulhfulnlll. lCCUl'la/, or vddlty of thlt document.
Stata of Callfomla
County of 6 C<..b MCf:U.4?
on t'-1\a.y r:;.o, 'Zol, beforeme. -;:, t~C,(...,/~r- / lvtJre::,- , 7 Name or Notay Public, Tltlt /
peraonally appearm __ ~ .... o ___ CL __ n ___ <\..,.€.J ____ 'J_e ____ L ___ R __ o __ S ____ a... ___ >-._/ 0 _ _ ----ilc.1 __ -__ Name of sionw 11) Sf'
!::; e a-r1 « a,b~
Nlmtof8ignlr(2) '
~o proved to me on the bale of 18tilfaetory evidence to be the pnon(a) whoee name(a) • .,-..,are aubecrtbed _!p the within inetrument and acknowledged to me that hellft'elthey eacuted the ume lr,JJleffiirltheir authorized capactty(lel), and that by l:tlelhli1thelr llgnature(a) on the Instrument the person(,), or the entity upon behalf of which the peraon(a) acted, executed the Instrument.
I certify under PENAL lY OF PERJURY under the ln,a
of the State of C&lifomia that the foregoing paragraph Is,,--·-::::,;. :;;:::m:_;,__-· .....__,,,,~~~~-----1 true and correct . ~ p~~--~·-
0 0
P ~ FAl<ER!
0 0
' t • J i: •"1 , COM M . # 2003459 z
~ ;\t_:);;~L,1-;j~ Notary Public • California ~ WITNESS my hand and official 1881. z, \~.,./,,.,)1' San Maleo County ~ ~ ·,1..iP , p
.L---.:~~-• 0 My C2m1;;. ~xp~es f e~ 6}0l7 l
Seal
---------- OPTIONAL INFORMAT10N -----------
Although tti. Information in thll ,ect;on is not n,quif8d by law, it c:01.1kl prevent fraudullMt remove/ end l"Hltlchmtnt of this acl<nowfedgment to en unauthorized docurmHlt and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Adcnowledgrna,t la~ to a Mdlod of ldanllllcallDn doc:umenttltledlrorthe purpoN of B '{Y\e_ '<' 9&Q * Pl'CMdtDmeon"'-.flwtWsda,yavldlra:
\$(l.4p T~:\:ed ~Lt-L \< '\I-\~ '6ew ,· 0 faml(1)ofld1111llkalo11 Ocndl1lnhll(•) containing ..f3pq11, and dad I ~;'.\ 'r.e.,e.. ~ ~ .-itlldllllld In ..-Y,IDumll on:
The1igner(1) capac:ityorautharlty.i/:lo //) ,., ___ Entry•- □ lm!Mdual(I) NolilrycanlaCt ______ _
□ ~ D Corporll8otllcer(1) __________ _
□ ~
□ Plllna'·LlrrillldlGlrml
0 Trullll(1)
Tltll(•>
□ 0lher: -------------
repreeentln;: -----------------NIIMlfl 91 Plflllll!"1 ~ IIGNt II RlpftWCJng 01h11'
□ Addllianll .... □ lil,llr(I) Tlunllprlnla(1)
□----------
C> 2009-2015 Notary Leaming Center -All Rights Reserved Vcu car, purcl'lau copln or this fom, from our web alte at www.~.com
EXHIBIT A
Town of Colma Address Range List
Part 1 - RDUs
House# Street Name House# Street Name
401 BST 463 B ST
403 B ST 468 B ST
405 B ST 469 BST APTA
407 BST 469 B ST APT B
409 B ST APTA 471 B ST
409 B ST APTB 472 BST
411 BST APTA - 475 B ST
411 B ST APTB 476 B ST
413 B ST APTA 479 B ST
413 BST APTB 480 B ST
415 B ST APTA 483 B ST
415 BST APTB 484 B ST
416 B ST APTA 488 BST
416 B ST APTB 492 SST
417 BST APTA 503 BST
417 BST APT B 504 B ST
418 B ST 507 B ST
419 BST APTA 508 B ST
419 B ST APTB 511 BST
420 B ST APTA 512 B ST
420 B ST APT B 515 B ST
424 B ST 516 B ST
426 B ST 519 B ST
429 BST 520 B ST
429 B ST 1/2 523 B ST
429 B ST APTA 524 B ST
430 B ST 527 B ST
431 BST 528 B ST
433 B ST 531 BST
435 B ST 532 B ST
436 BST 536 B ST
437 B ST 540 B ST
438 B ST 401 CST APTA
439 B ST 401 CST
441 BST 409 CST
442 B ST 411 CST
444 B ST 413 CST
451 B ST 415 CST APTA
453 B ST 415 CST APT B
455 B ST 417 CST APTA
461 B ST 417 CST APTB
House# Street Name House# Street Name
419 CST APTA 507 CST
419 CST APTB 508 CST
420 CST APTA 511 CST
420 CST APT B 512 CST
421 CST 515 CST
422 CST APTA 516 CST
422 CST APTB 519 CST
423 CST 520 CST
424 CST APTA 523 CST
424 CST APTB 524 CST
426 CST APTA 527 CST
426 CST APT B 528 CST
427 CST 531 CST
431 CST 532 CST
435 CST APT 1 535 CST
435 CST APT2 536 CST
435 CST APT3 539 CST
435 CST APT4 540 CST
435 CST APTA 543 CST
438 CST 544 CST
440 CST 547 CST
441 CST 548 CST
441 CST APTA 551 CST
442 CST 552 CST
445 CST APTA 556 CST
445 CST APTB 560 CST
445 CST APTC 564 CST
445 CST APTD 350 CLARK AVE
446 CST 450 CLARK AVE
449 CST 550 CLARK AVE
455 CST 560 CLARK AVE
464 CST 570 CLARK AVE
466 CST 580 CLARK AVE
467 CST 429 DST
471 CST 430 DST
472 CST 431 DST
475 CST 433 DST
476 CST 434 DST
479 CST 435 DST
480 CST 436 DST
483 CST 438 DST
484 CST 439 DST
487 CST 442 DST
491 CST 443 DST
492 CST 443 DST APTA
503 CST 448 DST
504 CST 452 DST
House# Street Name House# Street Name
455 DST 416 EST
456 DST 417 EST
459 DST 419 EST
460 DST 421 EST
463 DST 423 EST
464 DST 425 EST
467 DST 427 EST
468 DST 429 EST
471 DST 435 EST
472 DST 441 EST
475 DST 443 EST
476 DST 444 EST
479 DST 445 EST
480 DST 446 EST #A
483 DST 446 EST #B
484 DST 446 EST #C
487 DST 448 EST
488 DST 449 EST APT 1
490 DST 449 EST APT2
491 DST 449 EST APT 3
503 DST 450 1/2 EST
507 DST 450 EST
511 DST 455 EST
515 DST 460 1/2 EST Apt Front
519 DST 460 EST
523 DST 461 EST
527 DST 462 EST APT 1
531 DST 462 EST APT2
535 DST 462 EST APT 3
539 DST 463 EST
543 DST 464 EST APTA
547 DST 464 E1ST APT B
551 DST 465 EST APTA
555 DST 465 EST APTB
559 DST 466 EST APTA
563 DST 466 EST APT B
567 DST 467 EST
571 DST 469 EST
575 DST 471 EST
579 DST 478 EST
401 EST APT 1 483 EST
401 EST APT2 490 EST
401 EST APT3
401 EST APT4
412 EST
414 EST
415 EST
House# Street Name House# Street Name
1051 EL CAMINO REAL 627 F ST APTA
1180 EL CAMINO REAL APTA 627 F ST APTB
1180 EL CAMINO REAL APT B 629 F ST
1180 EL CAMINO REAL APTC 1450 HILLSIDE BLVD APT 1
1180 EL CAMINO REAL APTD 1450 HILLSIDE BLVD APT2
1180 EL CAMINO REAL APTE 1450 HILLSIDE BLVD APT 3
1180 EL CAMINO REAL APT F 1450 HILLSIDE BLVD APT4
1180 EL CAMINO REAL APTG
1180 EL CAMINO REAL APTH 1801 HILLSIDE BLVD
1180 EL CAMINO REAL APTI 1905 HILLSIDE BLVD
1180 EL CAMINO REAL APT J 2003 HILLSIDE BLVD
1180 EL CAMINO REAL APTK 2005 HILLSIDE BLVD
1180 EL CAMINO REAL APT L 2300 HILLSIDE BLVD
1180 EL CAMINO REAL APTM 2700 HILLSIDE BLVD
1180 EL CAMINO REAL APT N 2702 HILLSIDE BLVD
1180 EL CAMINO REAL APTO 2704 HILLSIDE BLVD
1180 EL CAMINO REAL APTP 2706 HILLSIDE BLVD
1180 EL CAMINO REAL APTR 2708 HILLSIDE BLVD
1180 EL CAMINO REAL APTS 2710 HILLSIDE BLVD
1222 EL CAMINO REAL APTA 302 HOFFMAN ST
1222 EL CAMINO REAL APT B 304 HOFFMAN ST
1242 EL CAMINO REAL 306 HOFFMAN ST
1350 EL CAMINO REAL 308 HOFFMAN ST
7685 EL CAMINO REAL 316 HOFFMAN ST
7701 EL CAMINO REAL 318 HOFFMAN ST
7623 EL CAMINO REAL 320 HOFFMAN ST
7625 EL CAMINO REAL 301 HOFFMAN ST
7627 EL CAMINO REAL APTA 303 HOFFMAN ST
417 F ST APT B 305 HOFFMAN ST
419 F ST 307 HOFFMAN ST
421 F ST 309 HOFFMAN ST
421 F ST 311 HOFFMAN ST
313 HOFFMAN ST
433 F ST 315 HOFFMAN ST
437 F ST 317 HOFFMAN ST
439 F ST 319 HOFFMAN ST
441 F ST 321 HOFFMAN ST
601 F ST 1221 ISABELLE CIR
609 F ST 1223 ISABELLE CIR
611 F ST 1225 ISABELLE CIR
613 F ST 1227 ISABELLE CIR
615 F ST 1229 ISABELLE CIR
617 F ST 1231 ISABELLE CIR
619 F ST 1233 ISABELLE CIR
621 F ST 1235 ISABELLE CIR
623 F ST 1237 ISABELLE CIR
625 F ST 1239 ISABELLE CIR
House# Street Name
1241 ISABELLE CIR
1243 ISABELLE CIR
1245 ISABELLE CIR
1247 ISABELLE CIR
1249 ISABELLE CIR
1251 ISABELLE CIR
1321 ISABELLE CIR
1323 ISABELLE CIR
1325 ISABELLE CIR
1327 ISABELLE CIR
1331 ISABELLE CIR
1333 ISABELLE CIR
1335 ISABELLE CIR
1337 ISABELLE CIR
1339 ISABELLE CIR
1341 ISABELLE CIR
1343 ISABELLE CIR
1345 ISABELLE CIR
1347 ISABELLE CIR
1349 ISABELLE CIR
1349 ISABELLE CIR
1351 ISABELLE CIR
1353 ISABELLE CIR
1355 ISABELLE CIR
1357 ISABELLE CIR
1359 ISABELLE CIR
1188 El Camino Real
1199 El Camino Real
427 F Street
1520 Hillside Blvd
House# Street Name
1263 MISSION RD
1267 MISSION RD
1271 MISSION RD
1275 MISSION RD
1279 MISSION RD
1283 MISSION RD
1287 MISSION RD
1291 MISSION RD
1295 MISSION RD
1299 MISSION RD
1303 MISSION RD
1307 MISSION RD
1311 MISSION RD
1315 MISSION RD
1319 MISSION RD
1323 MISSION RD
1327 MISSION RD
1341 MISSION RD
1345 MISSION RD
1349 MISSION RD
1353 MISSION RD
1357 MISSION RD
1361 MISSION RD
1365 MISSION RD
1369 MISSION RD
1373 MISSION RD
1377 MISSION RD
1420 MISSION RD
1431 MISSION RD
1433 MISSION RD
1439 MISSION RD
1445 MISSION RD
1451 MISSION RD
1457 MISSION RD
1655 MISSION RD APTA
1655 MISSION RD APTB
1655 MISSION RD APTC
1655 MISSION RD APTD
Part 2 - Government Buildings
EXHIBITB
Bulk Services Channel Line-up
Channel Channel Name Channel Channel Name # #
1 XFINITY On Demand 38 ESPN
2 KTVU (FOX) 39 ESPN2
3 KNTV (NBC) 40 CSNBay Area
4 KRON(MyTV) 41 CSN California
5 KPIX(CBS) 42 USA
6 KICU (IND) 43 MTV
7 KGO (ABC) 44 VHl
8 KTSF (IND) 45 SPIKE
9 KQED (PBS) 46 Lifetime
10 KQEH (PBS) 47 A&E
11 HSN 49 AMC
12 KBCW(CW) 50 TLC
13 KOFY (IND) 51 Animal Planet
14 KDTV (Univision) 52 ABC Family
15 Discovery Channel 53 Nickelodeon
16 KKPX(ION) 54 Cartoon Network
17 KCSM(PBS) 55 Disney Channel
18 KSTS (Telemundo) 56 CNN
19 KTNC (Estrella) 57 HLN
20 KFSD (UniMas) 58 CNBC
21 KCNS (Mundo FOX) 59 FOX News Channel
22 KRCB (PBS) 60 MSNBC
23 QVC 61 The Weather Cham1el
24 C-SPAN 62 History
25 KTLN (IND) 63 Comedy Central
26 Local Programming 64 El
27 Community Programming 66 Galavisi6n
31 KEMOAzteca 67 HGTV
32 KMTP(EDU) 70 BET
33 WGN America 71 Travel Channel
34 Food Network 72 TV Land
35 TBS 73 Oxygen
36 FX 74 CMT
37 TNT 77 Leased Access
Channel Channel Name Channel Channel Name # #
81 NBC Sports Network 192 KQEHKids
82 Golf Channel 193 KRON Weather
83 Public Access 194 KSTS Exitos
85 HSN2 195 KGO Live Well
102 Leased Access 196 KOFYMeTV
106 Bloomberg TV 197 KICU Korean TV (KEMS)
109 C-SPAN 2 198 KCSM France 24
110 C-SPAN 3 199 KCSMJAZZ
111 TVGN 201 KRCB Create
116 Jewelry Television 202 KRCB NHK World
119 Sprout 220 Oprah Winfrey Network
130 FOX Business Network 229 EWTN
149 MoviePlex 230 TBN
162 BBC America 238 Crossings TV
164 ShopHQ 271 Investigation Discovery
172 KCNC Sino 275 fyi,
173 KTSF KBS (Korean) 276 H2
174 KTSF Viet Today 401 FXX
175 KTSFICN 408 FOX Spots 1
181 Bravo 433 Pac-12 Networks Bay Area
183 Esquire Network 482 Up TV
184 Jewelry Television 500 Hallmark Movies and Mysteries 185 Hallmark Channel 502 WEtv
186 KNTV Cozi TV 504 LMN
187 KRON AntennaTV 599 XFINITY Latino Entertainment
188 KTVULATV
189 KQEHLife
190 KQEDWorld
191 KQEHVme
25977.17087\9727270.5
I
- -
- -
• JI.• 4 II
Amendment# 1 to the
AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT
THIS AMENDMENT #1 (this "Amendment") is made and entered into this Jj_~ay of December, 2017, to be.effective as of the Effective Date (as defined below), by and between Comcast of California IX, Irie. (the "Company") and Town of Colma (the "Town"), whose address is 1198 El Camino Real, Colma, CA 94014.
Whereas, the Company and the Town entered into that certain Amended and Restated Bulk Video Services Agreement (the "Agreement") effective June 1, 2015; Whereas, the Company and the Town wish to amend the Agreement as provided herein to clarify their respective rights and obligations; and .Whereas, unless otherwise defined herein, capitalized terms usecl in this Amendment shall have the meaning ascribed to such term in the Agreement.
Now, therefore, the parties, intending to be legally bound, mutually agree as follows:
L The foregoing recitals of facts are true and correct and, by this reference, are hereby fully incorporated herein.
2. Section 3 (Franchise Fees) oftlie Agreement is hereby deleted and replaced with the following:
3. Franchise Fees and PEG Fees.
The Company shall not be required to calculate or remitto the Town any franchise fee or any public, educational, and governmental access support fee ("PEG fee") on revenues received from the Town for Bulle Video Servfoes covered by this Agreement, nor shall • the Company pass through any franchise fees or PEG fees to the Town on invoices issued pursuant to. Section S(b) for Bulk Video Services covered by this Agreement.
3. A\l other terms and conditions that are not hereby amended shall remain in full force and effect.
4. This Amendment shall be effective as of July 1, 2017 (the "Effective Date").
5. Each P,arty represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and.obligations set forth herein.
[SIGNATURES APPEAR ON THE NEXT PAGg,J
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to b~ executed by their duly authorized representatives as of the date first written above.
TQWN
WITNESS/ ATTEST Town of Colma
~ ·✓
( ('(i (
Name: (v.: +( , " . C· ~, lt '--'\
( \ t'--J (~or\<- ' . .-
By:
Name: Bill Norton
Title: Interim City Manager
COMPANY
ATTEST: Comcast of California IX, Inc.
rden
Title: I egional VP Sales & Marketing
AMENDMENT TO AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT
THIS AMENDMENT TO AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT (this "Amendment") is made and entered into this 1/).. day of ~~' 2018 by COMCAST OF CALIFORNIA IX, INC. (hereinafter referred to as the "Company") and TOWN OF COLMA (hereinafter referred to as the "Town") who owns or has control over certain real estate and improvements thereon located in Colma, California 94014 (the "Premises").
W I TN E S S E T H:
WHEREAS, the Company and the Town entered into that certain Amended and Restated Bulk Video Services Agreement dated (the "Agreement"); and WHEREAS, new residential units are being built and completed in the Town; and WHEREAS, the Company and the Town desire to amend the Agreement as hereinafter provided; and
WHEREAS, unless otherwise defined herein, capitalized terms used in this Amendment shall have the meaning ascribed to such term in the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:
1. The foregoing recitals of facts are true and correct and, by this reference, are hereby fully incorporated herein.
2. Paragraph 1 of the Preamble is deleted in its entirety and replaced by the following:
This Amended and Restated Bulk Video Services Agreement (the "Agreement") is effective June 1, 2015, and is between Comcast of California IX, Inc. (the "Company"), whose address is 3055 Comcast Place, Livermore, CA 94551, and Town of Colma (the "Town"), whose address is 1198 El Camino Real, Colma, CA 94014. As of the date of this Agreement, there are 424 covered Residential Dwelling Units ("Existing RDUs") in the Town as defined below and as listed in Exhibit A plus four (4) public buildings owned or occupied by agencies of the Town. In addition a new facility comprised of 66 residential units and 9 new single family homes are being built in the Town for a total of 75 additional residential dwelling units (the "New RDUs") Together, the Existing RDUs, the New RDUs are the "RDUs" and the RDUs total 499 units. The RDUs and the 4 public buildings comprise the "Premises".
3. Section 1. Wiring is deleted in its entirety and replaced by the following:
1. Wiring. The Company has installed the facilities necessary to provide the Bulk Video Services to the Existing RDUs and the 4 public buildings (the "Company Wiring"). The Company will extend those portions of the Company Wiring necessary for the Company to distribute the Services to the New RDUs. The portions of the Company Wiring in the public rights of way shall be and will remain the property of the Company and subject to the requirements set forth in Certificate 0021. The ownership of those portions of the Company Wiring not within the public right of way shall be as agreed to between the RDU owners with respect to the RDUs or the Town with respect to the public buildings in accordance with applicable law. All work shall be done by the Company in a proper and workmanlike manner in accordance with Federal Communications Commission ("FCC") regulations, industry standards and local codes, unless otherwise provided in this Agreement. The Company shall be responsible for all costs and expenses incurred by it in operating, maintaining and repairing the Company Wiring. The Company agrees to repair and/or replace any damage to the Premises resulting from the operation, maintenance or repair of the Company Wiring, except as otherwise provided in this Agreement. The Company will be responsible for obtaining all necessary permits, licenses and approvals in connection with the operation of the Company Wiring.
4. Section 5. Fees and Charges for Bulk Video Services subsection (a) (b) (c) and (e) are hereby deleted in their entirety and replaced by the following:
a) The Company agrees to provide Bulk Video Services on one (1) outlet in each of the 499 RDUs and those portions of the Bulk Video Services that do not require two-way communications to two (2) outlets in each of 499 RDUs and a total of twelve (12) outlets in the four (4) public buildings identified in Exhibit A. As of the date of this Agreement, the Bulk Video Service consists of the channel lineup set forth on Exhibit B attached hereto which is subject to change from time to time.
b) The Town shall pay the Company a monthly fee for Bulk Video Service equal to $26.75 per unit and a broadcast TV fee of $3.25 per unit for a "monthly per unit service fee" of $30.00, plus all applicable government fees and taxes, except for franchise fees, according to the Activation Schedule below. For the 499 dwelling units and four (4) public buildings, the initial total monthly fee will be $12,840.00 plus all applicable government fees and taxes. The monthly per unit service fee referenced above does not include any fees which may be billed directly to RDU residents for Additional Services ( defined in Section 5(e) below) or any fees which may be billed directly to the Town for additional equipment or other technical services at the public buildings. The Town shall pay the Company a monthly per unit service fee for each unit that is activated and added to the Company's monthly invoice. The Town shall provide a written report to the Company no later than the 20th of each month in the months of February, March, April, May, June and July in 2019, listing the unit numbers and resident information for the units to be activated with the Bulk Service for the following month. The Town acknowledges: (i) if the number of units listed on such report are less than the number of units to be activated that month on the Activation Schedule, the Town will be billed for the total number of units to be billed that month in accordance with the Activation Schedule below or: (ii) if the number of units listed on such report are more than the number of units to be activated, the Company will activate the additional units with the Bulk Service. Such units will be added to the Company's monthly per unit billing and the Activation Schedule will automatically be amended to reflect the additional units. Notwithstanding anything in this Bulk Addendum or the Agreement to the contrary, the Company shall have no obligation to provide the Bulk Service to any unit which has not been listed on the Town's monthly report for the Bulk Service and has not been added to the Company's monthly invoice. The monthly per unit service fee may be increased by the Company once annually upon thirty (30) days written notice and shall not exceed 3% and further provided that the rate increase shall not be greater than the service rate increases applicable to residential subscribers in Daly City, California for Digital Starter or equivalent service.
Billing Schedule
Number of New Number of Total
Activation Time Units to be Units to be
Activated Billed
October 2018 0 424
November 2018 9 433
December 2018 0 433
January 2019 0 433
February 2019 0 433
March 2019 0 433
April 2019 22 455
May 2019 22 477
June 2019 22 499
Each month thereafter 0 499
c) The Town may modify the RDUs covered by the Agreement for any homes or buildings added or constructed in the future. The parties agree to meet and confer in good faith from time to time, but no less than annually, to determine the number of legal residential dwelling units in the Town covered by the Agreement. After a determination that the number of residential dwelling units covered by the Agreement is different than 499 RDUs, the billing will be adjusted to reflect the adjusted number ofRDUs beginning with the next quarter after the determination has been made. Notwithstanding the foregoing, the Company shall have no obligation to provide the Bulk Video Services to any RDU for which it is not receiving the monthly per unit Bulk Video Service fee.
e) The Town acknowledges and understands that a digital receiver is required to receive the Bulk Video Service. To the extent that a resident does not have such equipment in their residential unit as of the effective date of this Agreement, the Company shall provide each resident with one (1) high definition digital primary receiver and one (1) remote control and with two (2) high definition digital secondary receivers and two (2) remote controls at no additional monthly charge provided that the resident enters into a separate agreement with the Company accepting responsibility for the receiver, remote(s) and any services purchased which are additional to the Bulk Video Service (the "Additional Services"). The Town assumes no liability or responsibility for service or equipment charges for Additional Services contracted for by individual residents. If a resident refuses to enter into such agreement or violates such agreement, the resident may be capable of viewing only those portions of Bulk Video Service that do not require a high definition digital receiver or digital adapter and the Company shall not be required to provide any reduction in the monthly per unit Bulk Video Service fee. The type of high definition digital receiver, high definition digital adapters and remotes provided to the residents shall be at the Company's sole discretion.
5. Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein.
Except as herein amended, the Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be signed, sealed and delivered as of the day and year first above written.
TOWN
Town of Colma
~:/u~
By: ~ .,,1 0 .
Name JDt;nn.e. r -q,,i,,./ ,t:.oSCtYI o
Title: Mayor
COMPANY
Comcast of California IX, Inc.
Name: Kristeen Cominiello
Title: Regional Vice-President, Sales & Marketing
EXHIBIT A
Town of Colma Address Range List
Part 1 - RDUs
House# Street Name House# Street Name
401 BST 462 B ST
403 B ST 463 BST
405 B ST 464 BST
407 B ST 468 BST
409 B ST APTA 469 BST APTA
409 B ST APTB 469 BST APT B
411 B ST APTA 470 BST
411 BST APTB 471 BST
413 BST APTA 472 BST
413 BST APTB 475 BST
415 BST APTA 476 BST
415 BST APTB 479 BST
416 BST APTA 480 BST
416 BST APTB 483 BST
417 B ST APTA 484 BST
417 B ST APTB 488 BST
418 B ST 492 BST
419 BST APTA 503 BST
419 BST APTB 504 BST
420 BST APTA 507 BST
420 B ST APTB 508 BST
424 B ST 511 BST
426 B ST 512 B ST
429 BST 515 BST
429 BST 1/2 516 BST
429 BST APTA 519 BST
430 B ST 520 BST
431 B ST 523 BST
433 B ST 524 BST
435 B ST 527 BST
436 B ST 528 BST
437 B ST 531 BST
438 B ST 532 BST
439 BST 536 BST
441 B ST 540 BST
442 B ST 401 CST APTA
444 BST 401 CST
446 BST 409 CST
448 BST 411 CST
451 B ST 413 CST
453 B ST 415 CST APTA
455 B ST 415 CST APT B
456 BST 417 CST APTA
460 B ST 417 CST APTB
461 B ST
House# Street Name House# Street Name
419 CST APTA 507 CST
419 CST APTB 508 CST
420 CST APTA 511 CST
420 CST APTB 512 CST
421 CST 515 CST
422 CST APTA 516 CST
422 CST APTB 519 CST
423 CST 520 CST
424 CST APTA 523 CST
424 CST APTB 524 CST
426 CST APTA 527 CST
426 CST APTB 528 CST
427 CST 531 CST
431 CST 532 CST
435 CST APT 1 535 CST
435 CST APT2 536 CST
435 CST APT3 539 CST
435 CST APT4 540 CST
435 CST APTA 543 CST
438 CST 544 CST
439 CST
440 CST 547 CST
441 CST 548 CST
441 CST APTA 551 CST
442 CST 552 CST
445 CST APTA 556 CST
445 CST APTB 560 CST
445 CST APTC 564 CST
445 CST APTD 350 CLARK AVE
446 CST 450 CLARK AVE
449 CST 550 CLARK AVE
455 CST 560 CLARK AVE
464 CST 570 CLARK AVE
466 CST 580 CLARK AVE
467 CST 429 DST
471 CST 430 DST
472 CST 431 DST
475 CST 433 DST
476 CST 434 DST
479 CST 435 DST
480 CST 436 DST
483 CST 438 DST
484 CST 439 DST
487 CST 442 DST
491 CST 443 DST
492 CST 443 DST APTA
503 CST 448 DST
504 CST 452 DST
House# Street Name House# Street Name
455 DST 416 EST
456 DST 417 EST
459 DST 419 EST
460 DST 421 EST
463 DST 423 EST
464 DST 425 EST
467 DST 427 EST
468 DST 429 EST
471 DST 435 EST
472 DST 441 EST
475 DST 443 EST
476 DST 444 EST
479 DST 445 EST
480 DST 446 EST #A
483 DST 446 EST #B
484 DST 446 EST #C
487 DST 448 EST
488 DST 449 EST APT 1
490 DST 449 EST APT2
491 DST 449 EST APT3
503 DST 450 1/2 EST
507 DST 450 EST
511 DST 455 EST
515 DST 460 1/2 EST Apt Front
519 DST 460 EST
523 DST 461 EST
527 DST 462 EST APT 1
531 DST 462 EST APT2
535 DST 462 EST APT3
539 DST 463 EST
543 DST 464 EST APTA
547 DST 464 EST APT B
551 DST 465 EST APTA
555 DST 465 EST APT B
559 DST 466 EST APTA
563 DST 466 EST APT B
567 DST 467 EST
571 DST 469 EST
575 DST 471 EST
579 DST 478 EST
401 EST APT 1 483 EST
401 EST APT2 490 EST
401 EST APT3
401 EST APT4
412 EST
414 EST
415 EST
House# Street Name House# Street Name
1051 EL CAMINO REAL 627 F ST APTA
1180 EL CAMINO REAL APTA 627 F ST APTB
1180 EL CAMINO REAL APTB 629 F ST
1180 EL CAMINO REAL APTC 1450 HILLSIDE BLVD APT 1
1180 EL CAMINO REAL APTD 1450 HILLSIDE BLVD APT2
1180 EL CAMINO REAL APTE 1450 HILLSIDE BLVD APT3
1180 EL CAMINO REAL APTF 1450 HILLSIDE BLVD APT4
1180 EL CAMINO REAL APTG
1180 EL CAMINO REAL APTH 1801 HILLSIDE BLVD
1180 EL CAMINO REAL APTI 1905 HILLSIDE BLVD
1180 EL CAMINO REAL APT J 2003 HILLSIDE BLVD
1180 EL CAMINO REAL APTK 2005 HILLSIDE BLVD
1180 EL CAMINO REAL APT L 2300 HILLSIDE BLVD
1180 EL CAMINO REAL APTM 2700 HILLSIDE BLVD
1180 EL CAMINO REAL APTN 2702 HILLSIDE BLVD
1180 EL CAMINO REAL APTO 2704 HILLSIDE BLVD
1180 EL CAMINO REAL APTP 2706 HILLSIDE BLVD
1180 EL CAMINO REAL APTR 2708 HILLSIDE BLVD
1180 EL CAMINO REAL APTS 2710 HILLSIDE BLVD
1222 EL CAMINO REAL APTA 302 HOFFMAN ST
1222 EL CAMINO REAL APTB 304 HOFFMAN ST
1242 EL CAMINO REAL 306 HOFFMAN ST
1350 EL CAMINO REAL 308 HOFFMAN ST
7685 EL CAMINO REAL 316 HOFFMAN ST
7701 EL CAMINO REAL 318 HOFFMAN ST
7623 EL CAMINO REAL 320 HOFFMAN ST
7625 EL CAMINO REAL 301 HOFFMAN ST
7627 EL CAMINO REAL APTA 303 HOFFMAN ST
417 F ST APTB 305 HOFFMAN ST
419 F ST 307 HOFFMAN ST
421 F ST 309 HOFFMAN ST
421 F ST 311 HOFFMAN ST
313 HOFFMAN ST
433 F ST 315 HOFFMAN ST
437 F ST 317 HOFFMAN ST
439 F ST 319 HOFFMAN ST
441 F ST 321 HOFFMAN ST
601 F ST 1221 ISABELLE CIR
609 F ST 1223 ISABELLE CIR
611 F ST 1225 ISABELLE CIR
613 F ST 1227 ISABELLE CIR
615 F ST 1229 ISABELLE CIR
617 F ST 1231 ISABELLE CIR
619 F ST 1233 ISABELLE CIR
621 F ST 1235 ISABELLE CIR
623 F ST 1237 ISABELLE CIR
625 F ST 1239 ISABELLE CIR
House# Street Name House# Street Name
1241 ISABELLE CIR 1263 MISSION RD
1243 ISABELLE CIR 1267 MISSION RD
1245 ISABELLE CIR 1271 MISSION RD
1247 ISABELLE CIR 1275 MISSION RD
1249 ISABELLE CIR 1279 MISSION RD
1251 ISABELLE CIR 1283 MISSION RD
1321 ISABELLE CIR 1287 MISSION RD
1323 ISABELLE CIR 1291 MISSION RD
1325 ISABELLE CIR 1295 MISSION RD
1327 ISABELLE CIR 1299 MISSION RD
1331 ISABELLE CIR 1303 MISSION RD
1333 ISABELLE CIR 1307 MISSION RD
1335 ISABELLE CIR 1311 MISSION RD
1337 ISABELLE CIR 1315 MISSION RD
1339 ISABELLE CIR 1319 MISSION RD
1341 ISABELLE CIR 1323 MISSION RD
1343 ISABELLE CIR 1327 MISSION RD
1345 ISABELLE CIR 1341 MISSION RD
1347 ISABELLE CIR 1345 MISSION RD
1349 ISABELLE CIR 1349 MISSION RD
1349 ISABELLE CIR 1353 MISSION RD
1351 ISABELLE CIR 1357 MISSION RD
1353 ISABELLE CIR 1361 MISSION RD
1355 ISABELLE CIR 1365 MISSION RD
1357 ISABELLE CIR 1369 MISSION RD
1359 ISABELLE CIR 1373 MISSION RD
1377 MISSION RD
1420 MISSION RD
1431 MISSION RD
1433 MISSION RD
1439 MISSION RD
1445 MISSION RD
1451 MISSION RD
1457 MISSION RD
1655 MISSION RD APTA
1655 MISSION RD APTB
1655 MISSION RD APTC
1655 MISSION RD APTD
1680 MISSION RD Unit 101
1680 MISSION RD Unit 102
1680 MISSION RD Unit 103
1680 MISSION RD Unit 106
1680 MISSION RD Unit 107
1680 MISSION RD Unit 109
1680 MISSION RD Unit 110
1680 MISSION RD Unit 111
1680 MISSION RD Unit 113
1680 MISSION RD Unit 114
House# Street Name House# Street Name
1680 MISSION RD Unit 115 1680 MISSION RD Unit315
1680 MISSION RD Unit 118 1680 MISSION RD Unit 3176
1680 MISSION RD Unit 120 1680 MISSION RD Unit318
1680 MISSION RD Unit 121 1680 MISSION RD Unit 321
1680 MISSION RD Unit 122 1680 MISSION RD Unit 322
1680 MISSION RD Unit 123 1680 MISSION RD Unit 323
1680 MISSION RD Unit 124 1680 MISSION RD Unit 324
1680 MISSION RD Unit 125 1680 MISSION RD Unit 325
1680 MISSION RD Unit 126 1680 MISSION RD Unit 326
1680 MISSION RD Unit 201
1680 MISSION RD Unit 202
1680 MISSION RD Unit 203
1680 MISSION RD Unit 204
1680 MISSION RD Unit 205
1680 MISSION RD Unit 206
1680 MISSION RD Unit 207
1680 MISSION RD Unit 208
1680 MISSION RD Unit 209
1680 MISSION RD Unit 210
1680 MISSION RD Unit 211
1680 MISSION RD Unit 212
1680 MISSION RD Unit 213
1680 MISSION RD Unit 214
1680 MISSION RD Unit215
1680 MISSION RD Unit217
1680 MISSION RD Unit218
1680 MISSION RD Unit 220
1680 MISSION RD Unit 221
1680 MISSION RD Unit 222
1680 MISSION RD Unit 223
1680 MISSION RD Unit 224
1680 MISSION RD Unit 225
1680 MISSION RD Unit 226
1680 MISSION RD Unit 301
1680 MISSION RD Unit 302
1680 MISSION RD Unit 303
1680 MISSION RD Unit 304
1680 MISSION RD Unit 305
1680 MISSION RD Unit 306
1680 MISSION RD Unit 307
1680 MISSION RD Unit 308
1680 MISSION RD Unit 309
1680 MISSION RD Unit310
1680 MISSION RD Unit 311
1680 MISSION RD Unit 312
1680 MISSION RD Unit313
1680 MISSION RD Unit 314
1188 El Camino Real
1199 El Camino Real
427 F Street
1520 Hillside Blvd
Town of Colma Address Range List
Part 2 - Government Buildings
DocuSign Envelope ID: C4487D48-7BC2-44F7-8BAD-E602AC5CBE7A
THIRD AMENDMENT TO
AMENDED AND RESTATED SERVICES AGREEMENT
THIS THIRD AMENDMENT TO AMENDED AND RESTATED SERVICES
AGREEMENT (the "Amendment") is made and entered into this 14th day of November, 2019 (the "Effective Date") by and between Comcast of California IX, Inc. (the "Company") and Town of Colma (the "Town ") who owns or has control over ce1iain 1:eal prope1iy located Colma, California 94014 (the "Premises"). The Owner and the Company are parties to that ce1iain Amended and Restated Bulk Video Services Agreement dated June 1, 2015 (the "Agreement").
Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement.
The parties agree to amend the Agreement as follows:
1. The term of the Agreement is hereby extended for an additional 5 years (the "Initial Renewal Period") commencing on the Effective Date. Thereafter, the Agreement shall automatically renew for additional one (1) year periods ( each, an "Additional Renewal Period" and together with the Initial Renewal Period, the "Renewal Term") unless either patiy shall provide the other with a minimum 270 days' notice of its intention not to renew of the then current term.
2. Section 5. Fees and Charges for Bulk Services subsection (b) is hereby deleted in their entirety and replaced by the following:
b) Effective November 14, 2019, the Town shall pay the Company a monthly fee for Bulk Video Service equal to $25.50 per unit and a broadcast TV fee of $4.50 per unit for a total "monthly per unit service fee" of $30.00, plus all applicable government fees and taxes, except for franchise fees, according to the Activation Schedule below. For the 499 dwelling units and four (4) public buildings, the initial total monthly fee will be $14,970.00 plus all applicable government fees and taxes. The monthly per unit service fee referenced above does not include any fees which may be billed directly to RDU residents for Additional Services (defined in Section 5(e) below) or any fees which may be billed directly to the Town for additional equipment or other technical services at the public buildings. The monthly per unit service fee may be increased by the Company once annually upon thirty (30) days written notice and shall not exceed 3% and further provided that the rate increase shall not be greater than the service rate increases applicable to residential subscribers in Daly City, California for Digital Starter or equivalent service.
3. Except as specifically modified hereby, the Agreement shall remain in full force and effect in accordance with its terms.
4. Each pa1iy represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such paiiy to the commitments and obligations set forth herein.
DocuSign Envelope ID: C44B7D4B-7BC2 -44F7-8BAD-E602AC5CBE7A [SIGNATURES APPEAR ON THE NEXT PAGE.]
IN WITNESS WHEREOF, the undersigned have caused this Amendment to be signed, sealed and delivered as of the day and year first above written.
TOWN
Town of Colma
By: ~-4--,4-~~
N~t Jo= e F. de! Rosario
Title: Mayor
COMPANY
Comcast of California IX, Inc.
11 onuSl:gned by:
L~ ~~ominiello
0 ~tl~~ 00R~gional Vice President, Sales and Marketing
FOURTH AMENDMENT TO
AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT
Defined Terms
Customer Town of Colma
Company Comcast Cable Communications Management, LLC
Property Name Town of Colma
Service Agreement Xfinity Communities Service Agreement and Service Order Service Agreement Effective Date 11/14/2019
Amendment Effective Date 1/1/2025
Amendment
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED BULK VIDEO SERVICES AGREEMENT (the "Amendment") is made and entered into this 1 st day of January, 2025 (the “Effective Date”) by and between Comcast of California IX, Inc. (the "Company") and Town of Colma (the "Town ") who owns or has control over certain real property located Colma, California 94014 (the “Premises”). The Owner and the Company are parties to that certain Amended and Restated Bulk Video Services Agreement dated June 1, 2015, that certain Amendment #1 to the Amended and Restated Bulk Video Services Agreement dated December 13, 2017, that certain Amendment to Amended and Restated Bulk Video Services Agreement dated February 22, 2018, and that certain Third Amendment to Amended and Restated Services Agreement dated November 14, 2019 (together, the “Agreement”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement.
The parties agree to amend the Agreement as follows:
1. The term of the Agreement is hereby extended for an additional 3 years (the “Initial Renewal Period”) commencing on the Effective Date of this Amendment. Thereafter, the Agreement shall automatically renew for additional one (1) year periods (each, an “Additional Renewal Period” and together with the Initial Renewal Period, the “Renewal Term”) unless either party shall provide the other with a minimum 270 days’ notice of its intention not to renew of the then current term.
2. Section 5. Fees and Charges for Bulk Services subsection (b) is hereby deleted in their entirety and replaced by t he following:
b) Effective January 1, 2025, the Town shall pay the Company a monthly fee for Bulk Video Service equal to $1 5.65 per unit and a broadcast TV fee of $13.35 per unit for a “monthly per unit service fee” of $29.00, plus all applicable government fees and taxes, except for franchise fees, according to the Activation Schedule below. For the 499 dwelling units and four (4) public buildings (503 total units), the initial total monthly fee will be $14, 587.00 plus all applicable government fees and taxes. The monthly per unit service fee referenced above does not include any fees which may be billed directly to RDU residents for Additional Services (defined in Section 5(e) below) or any fees which may be billed directly to the Town for additional equipment or other technical services at the public buildings.
The monthly per unit service fee may be increased by the Company once annually upon thirty (30) days written notice and shall not exceed 3% and further provided that the rate increase shall not be greater than the service rate increases applicable to residential subscribers in Daly City, California for Digital Starter or equivalent service.
3. Except as specifically modified hereby, the Agreement shall remain in full force and effect in accordance with its terms.
4. Each party represents to the other that the person signing on its behalf has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein.
ATTACHMENT C
Except as specifically modified hereby, the Service Agreement remains in full force and effect in accordance with its terms. The parties hereto have caused this Amendment to be executed by their duly authorized representatives.
Customer: Town of Colma
Company: Comcast of California IX, Inc.
By: \si1\________________________________________
By: \si4\________________________________________
Name:
Name: Jacob Mitchell
Title:
Title: Vice President, Sales and Marketing