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HomeMy WebLinkAbout5.620 Amendment 5. IJ:20-,;2 "':. SECOND AMENDMENT TO INSTITUTIONAL NElWORK SERVICES AGREEMENT BElWEEN THE CITY OF PORT ANGELES AND CAPACITY PROVISIONING, INC. THIS ~MENT t~ Insti~al Network Services Agreement is made and entered into in duplicate this day of ~/) fl~__, 2003 by and between the City of Port Angeles, a Washington municipal corporation, hereinafter the "City", and Capacity Provisioning Inc., a subchapter S Washington corporation, hereinafter "CP.!. ". REPRESENTATIONS 1. On September 6, 2002, the City and CP.I. entered into an Institutional Network Services Agreement. 2. On October 15, 2002, the City established a dark fiber policy. The City and CP.I. have negotiated policy items 1.B and 3 providing an additional dark fiber assignment to CP.I. and dark fiber services to public institutions. 3. On December 31, 2002, the City and CP.!. agreed to amendment one to the Institutional Network Services Agreement. 4. On December 31, 2002, the City and WaveDivision Holdings, LLC, hereinafter "Wave", entered into the fIrst amendment to the Fiber Optic Wide Area Network Use Agreement. 5. The City and C P.I. desire to facilitate further network interconnections and dark fiber marketing services, and the City is interested in considering additional service options under this Agreement including: a Public Safety VLAN; dark fiber services for Public Safety; off-site data storage and remote data backup services; Internet web-sIte design and support servICes; and voice over Internet protocol support servIces. 6. On November 18, 2003, the City and Wave agreed to amendment two to the Fiber Optic Wide Area Network Use Agreement providing the City or its assignee access to underground ducts, conduits and related structures. 7. The parties have deCided that it is in their mutual benefit to amend the Agreement in accordance with Section 5.16 of the Agreement and the terms set forth below. AGREEMENTS IN CONSIDERATION of the above representations and the agreements set forth herein, the parties agree that the above-referenced agreement shall be amended by amending Sections 2.2, 2.6, 2.10, 3.2, 4.2, and ExhibIt 6.5 and establishing Section 4.6 and Exhibit 6.7 of the Institutional Network Services Agreement to read as follows: 2.2 Occupation License Required From and after the effective date of this Agreement and throughout the Term of this Agreement, CP.I. shall obtain an occupation license from the City pursuant to Chapter 5.80 P AMC, Licensing and Taxation. CP.!.' s telecommunications services gross revenues, including all charges within Exhibit 6.5, shall be subject to a public utility tax, also in accordance with Chapter 5.80 P AMC, Licensing and Taxation. Telecommunications services gross revenues do not include the provision of Internet service as defined in the Revised Code of Washington (RCW) 82.04.297, in accordance with Chapter 5.80 PAMC and dark fIDel' markctmg servICCS in accordance WIth Subscchon 2.10(4-5). CP.I. shall pay any addItional federal, state, local and City taxes as may be levied, imposed or due from carriers, operators, providers, their customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services, page 1 ,. . provided said amounts may be added to the charges the City is required to pay pursuant to this Agreement. 2.6 WAN Use Agreement Assignment and Payments The City and Nfwthland W ~ye have entered into a WAN Use Agreement datt'd--==-__::::-=-___-==J andinclug.!.!w: al1~.!ldments one and t'YoJo th<L}:Yf:\.N Use Ar;reement attache4-haeh:)-as-l*llibttJH. In the WAN Use Agreement, NB-r-tltli:l:Rt4-WAve has granted to the City or its assigned entity an exclusive right to activate and use certain portions of Northland Wave's fiber optic infrastructure, to establish a fiber optic wide area network ("Fiber Link"), including nodes, underground duds, conduits and related structures, for use in providing retail telecommunications services to public institutions and businesses including home offices but not to the general public. The City agrees to assign all of its righ~, license and interest in its WAN Use Agreement with NorthbndWave to CP.I. for CP.I.'s use in providing retail telecommunications services to the City, public institutions and businesses, including home offices but not to the general public consistent with Chapter 11.14 PAMC, Telecommunications Facilities within Rights-of-Way and the Cable Television Franchise Ordinance No. 3116. CP.I. hereby assumes all obligations of the WAN Use Agreement, except as provided in this Section, and agrees to perform and discharge those obligations in accordance with its terms and conditions. CP.I. agrees to indemnify the City against any losses, claims, damages or liabilities to which either or both parties may become subject to or which arise out of, or in connection with, the WAN Use Agreement. The City shall be responsible for and timely pay to NorthlandWave the I-Net payment required by .1 Section 3.1 and the monthly payments required by Sections 3.2 and 3.3 of the assigned WAN Use Agreement. Upon the completion of the I-Net under the Cable Television Franchise Ordinance No. 3116, which is anticipated no later than February 27, 2004, CP.I. shall inleffimflffH!:Ie-~et--iWer-s-te--I-Ncl-fleffi> eftIj-~--f~-i-ly and instil-H-ti-enal-use-a-fld-shall have continuing an inilicl1 City consent to use up to twenty five (25) rack-units within each I-Net node enclosure, pnvironn1l'ntal e()DJIQL~ms \,vi!!.l!D three 1- Net nod~_Q}l(!Osur~~~_and a 8~re ~D'y'j.rg..1}.~1..1~.nt91 control system, uninh.'rruptible power supplIes within three I-Net node enclosures and a spare unmterruptible power supply, and up to eight (8) dark fibers throughout the I-Net backbone. -b-pett-(.::',P.I. request,Upon c.P.I. utilizatIon of the initial dark (ibers additional rack-units and dark fibers may be provided by the City subject to a charge to be paid by CP.I and reasonable contractual rCGtrictions by the City based on competitive market conditionsin accordance with Subsection 2.10(4). The City retains the right to recall C P I use of cldditional dark fibers and rack- units and use of underground conduits, vaults clnd related structures in accordance with the City's dark fiber policy upon one year's wrHten nobee from the City Manager to CP 1. To the extent the I-Net will be utilized by businesses after February 27, 2004, as the City's assignee and in accordance with the Fiber Optic WAN Use Agreement, CP.I. shall be provided the first right of refusal to use two (2) of Aforthland' 5 }y av:.~':! reserve fibers under the Cable Television Franchise Ordinance No. 3116 for commercial use subject to a charge to be paid by CP.I. and reasonable contractual restrictions by ~ W~Y.c_based on competitive market conditions and shall have continuing City consent to use up to twenty five (25) rack- units within each I-Net node enclosure and up to eight (8) dark fibers throughout the I-Net backbone. To the extent that CP.I. reqUIres continued use of I-Net node enclosures and/ or underground condults, vaults find related structures beyond expIration of this Agreement, upon CP.I. written request, which must be received by the City within sixty (60) days of expiration of this Agreement, C 1'.1. shall be entitled to irrevocable use of up to twenty five (25) rack-units within each I-Net node encIosure1!..l1iLY}ldergri~YT!..~l ~oncJl!.~ .Y!-!!:~ l!5..fl..D~~....I..c::latl?..(:LstI}!.etur~, subject to a charge to be paid by CP.I. and reasonable contractual restrictions by the City based on competitive market conditions, continuing beyond expiration of this Agreement, as provided in Section 5.6, Survival. page 2 2.10 Service Options (1) CP.!. shall make reasonable efforts to make arrangements with the Clallam County PUD No.1 (District), and/ or N(H'thhHHJW..<!~, and/ or Qwest Communications, Ine. to interconnect the CP.!. network to provide wide area networking service with the District, Nffi~W <lY-~, and/ or Qwest no later than March 31, 2003 or a later date if approved'by the City Manager. Such arrangement shall provide wide area networking within both the City limits and Clallam County service areas, to the extent comparable wide area networking services within the Clallam County service area is available and commercially reasonable. CP.!. shall complete and return Exhibit 6.5 Schedule 3 to the City no later than March 31, 2003 or a later date if approved by the City Manager. In addition, Prior to interconnecting the CP.J. network to another wide area network, CP.!. shall provide a detailed description of the network security to be provided by such interconnection, which Shcl11 be in accordance with Exhibit 6.4 Section 4 unless otherwise approved by c.P.!. and the City Manager, wffiEl+and shall be considered confidential in accordance with Section 5.2. On or before August 20, 2004 or a later date if approved by the City Manager, within ninety (90) days of the City's request, CP.!. shall provide another interconnection point, that provides a diverse physical route from Port Angeles to Sequim, to be specified by the City. The City shall not incur any charges until the City provides notice in writing to CP.!. agreeing to pay the WIde area networking service charges within Exhibit 6.5 Schedule 3 and the cost of the interconnections. If CP.!. makes an arrangement with the District, the City may require that the arrangement includes a second redundant logical interconnection, in addition to the interconnection provided by N-€H'thlalli..:j.Wav~ pursuant to the WAN Use Agreement, from an I-Net node to a District interconnection point to be specified by the City. The City shall not incur any charges until the City provides notice in writing to CP.I. agreeing to pay for the cost of the interconnections. Tn the event a h'!pcommunications "Nvice provid('r rpqup<;t" an interconnection and/ or access to the CP.I. network or dark fiber" for private tpJpcommunications svstems in writmg, c.P.!. shall make commercially reasonable and lawful non-exclusive arrangement<; fot: such an ~ntcrconnection and/ or network access. The arraJ1gement may include but is not limited to commercially r~ason~lble terms and conditions for payment to C P.l. at aU recurring and non-recurring costs, network security, problem leportmg and restoration of service procedures, service level standards, and policies related to VLAN and dark fiber service sharing clmong singh> and common user group entities and private shared telecommunications servicei.>. CP.I. shall J1..QU!m?g~Q...<.l_ ~.P_L}!~~!}:.!:~~urnng_~?.Lrl'cUlTing_g'J~yi~x~ ct!_i!m~ for..i:!.lJ intercol1lwctiQ..!1 for a Public Safety VI_At, odor Public Safety darI.< fib('~'i<;rv~~e. CP.!. reserves the fIght to collect C\~-Ji:~9:.tion, non-recurring and wcurnnf. service chaJ:Zes for an interconnection if such cha[g.q~ arc imposed by the interconnectin~commullicatiolls service provider (2) CP.!. shall make reasonable efforts to make arrangements with qualified servIce providers, and commercial monthly charges shall be established for retail broadband Internet access services within the City limits. CP.!. shall complete and return Exhibit 6.5 Schedule I.E. and provide a schedule for regular commercial Internet access service charges to the City, for each retail service provider entering into an agreement with CP.!., no later than March page 3 ~. 31, 2003 or a later date if approved by the City Manager to satIsfy this requirement. CP.I. charges to the City for retaIl broadband Internet access services shall be in addition to the charges included in Exhibit 6.5 schedule 1 for wide area networking. Upon the request of a qualIfied retail service provider, CP.I. shall provide wholesale services subject to a charge to be paid by the retailer and reasonable contractual restrictions by CP.I. based on competitive market conditions. The City shall not incur any charges until the City provides notice in writing to CP.I. agreeing to pay the retail broadband Internet access servin, charges. CP.I. agrees to make reasonable efforts to negotiate agreements with retail Internet service providers, whether affiliated or unaffiliated with CP.!, to provide retail broadband Internet access services within the City. CP.I. agrees to negotiate first with all retail Internet service providers that currently conduct business on the North Olympic Peninsula and express an interest in such an arrangement with CP.I.; provided that if no such arrangements have been reached by March 31, 2002 or a later date if approved by the City Manager, CP.I. may negotiate with any qualified retail Internet service provider. Said arrangements shall be subject to CP.!. and retail Internet service providers reaching an agreement based on commercially reasonable terms and conditions. CP.I. shall be permitted to provide wholesale broadband Internet access. CP.I. shall also be permitted to charge a fee for wholesale Internet access, wholesale use of the I-Net, and wholesale use of CP.I. I-Net node equipment, site drops, and all other appurtenant infrastructure. Furthermore, CP.I. shall be permitted to impose reasonable contractual restrictions based on competitive market conditions to retail broadband Internet service providers. CP.I. shall use commercially reasonable efforts to ensure that the retail broadband Internet access services provided over the I-Net will conform substantially to the following: A. The platform will be kept current with industry standards for interoperability with Internet protocol applications. B. The City, institutions and businesses that receive the service will be able to reach the Internet. The City hereby recognizes that CP.! may provide wholesale Internet access and that qualified service providers may provide retail Internet access services without obtaining other City approvals. {3}7 Upon written City request, CP.I. shall establish a City base charge for fully scalable VoIP services including a suite of enhanced phone features for municipal facilities. Within ninety days of the City's written request, CP.I. shall complete and return Exhibit 6.5 Schedules 1.0. to the City to satisfy this requirement. The City and CP.!. shall mutually agree upon the VoIP implementation schedule. Upon completion and written City acceptance of such implementation, the City shall begin to incur a monthly base charge for V DIP services. The City shall not incur any charges until the City provides notice in writing to CP.I. agreeing to pay VoIP service charges. :Upon Ci!;y.-"!:'~~Huest, C.P.L~h.?Jl Qrovide Vall' support services The charge f.QI VoIp support services shall be in accordance with ExhIbit (>.5 Schedule I.C. Upon written City request, CP.I. shall also establish a commercial monthly charge for V oIP services for institutions and businesses. Hl Upon request from public instItutions to ('.P.1., subject to the availability of mitial or additional dark fibers within the I-Net backbone from node to lJode, c.P.I. may provide dark fIber marketIng serVIces to the City for public instItutIons to use the I-Net backbollQ for non-commercial purposes. Dark fiber marketing services shall include operation, maintenance and management of the I-Net backbone dark fibers and marketmg, bIlling, page 4 , . gnd..illl..QtherJlIl.l~..tj..Q!l,'U.lecessary to provide dark h.!2~r nl<!!ketmg scrvi<;~s u.!!Sler tl11." t\WQ.!llent. Use of the I-Net nodes dnd non-commercial dark fibers throughout the backbone shall be allowed for private telecommunications systems and private shared telecommunications services to a single user group entity in accord<lnce with the Pranchise and for other E!!Il2~)s(,'" and COl}1)l1il..D u~Lzr.9J.!P5it approved irLwllliDgJ?LCP,Land the' City M~l.l9.:g~r..:. CP,Lmay establ1."h commerCIally reasonable contractual conditions for dark fiber marketmg serVICes which may include but arc not limite.<-i to terms and conditions fO!:)lOn- commercial use in accor~iance with the Franchi'ic, payment to CI' L of all recurring and non-recurring costs, nehvork security, problem reporting and restoration of service procedures, service level standards, and policies related to single and common user group entities sharinl!, or provided access to private tel€'communications systems and private shared telecommunications services. ' 'I'll(' recurring clnd nOI!::n'cUlTin.g chan!,es e<,tablishe(J by CP.!. for dark fiber marketil.lg !?~rvices shall be baseQ., on competitlv<;UJlact;~t conditions._The recurrmg service charge ang (hgation or dark fiber marketing services shall be mutually_agreed to in writing by CP.I. ~1J..d the City \1aD.~ger .!lnd thcuecurring service charge sh_all be m accordance with Subsection 4.2. There shall be no non-recurring or recurring service charges for use of up to four (4) I-Net b<lCkbone dark fibers used for non-conunercial public safety purposes. The~ retains the Tighlto recall c.r.l. use of additional I-Net backbone dark fibers, limited to a maximum or two (2) dark fiber strands per year, l!ill!n <lne vear'" written n(!JJce fro_w the Ci!YJYl9-n<!gQ'!:"!~!.s:=.P.I. {Q)_ n_ c.p.r. IT!1!).iJ2.l'Ovide dark fiber site drop services trom the I-Net nodes or CP.I. owned infrastructure to public institution". The recurrmg and non-recurril1~rvice charges established by c.P.I. for dark fiber site drops to public institutions shall be based on competitive market conditions and is not subiect to em I-Net Growth Discount in accordance with Subsection 4.2. (6) Upon written Clty reque,;t, c.P.I. shalll'stabhsh !lon-recurring and/ or recurrinv. service charge') and make arrangements for off-site data storage and remote data backllp st>rVICes using the I-Net. The arrangement shall include t?.~lt IS}lot Iinllted to commercially reasonable tprms and cond}tlons for security, confidentiality, fire protection, and City access to c.PJ. stor~lge t~Qllile~.J:Vithm ninety (90) t~~f the Ciro written re(m~ C 1'.1. shall provide <1 detailed written descriptlOn of such an arrangement including non- recurring and recurring service charges to satisfv this requirement. The City and ('.1' 1. shaIl mutuallv agree upon the implementation schedule Upon completion and written City acceptance of such implementation, the City shall pay any non-recurring service 0~B.g!~ a n (!J~.I!J:Q ir:!.<;;_l,] .La recu !::riTI?....2ervj~~~_~:bl~.rge tg.r sa it! .2,ervlCes. __1b_~ _Ci ty_ s...J:tilJLryQj. in<::"l1L!l)1V charg.es until tile City j2rovldes !.lQ..tiS~.drL\~.:!.tU.!Jf,...lo CP.T. agreeing to payJDr off:: site data storage and! or remote backl:!p. Se~)fQJ;:..i1..i!:rZ.~? Upon written City request, <;.1'.1, shall also establish a commercial monthly charge for off-site data storage and! or remote backup services for instLt.!!tions and businesses.. (7) Upon .witten City request, ('.1>.1. shall provide web SIte support services which may include but are not limited 10, .veh-site and web-rag€' d€'sign, graphic design, development, programming, set-up and testing, and maintenance, submission, and related ~..!:!lli2.Q!t.?ervice~" The cl}<!!,g~~..f(y..r web ."itl' support s('r~i..('{'s sh~L.b.~jn accordance with Exhibit 6.3 ScheQ.!:1le l.p. page 5 3.2 Additional City Sites AddItional City sites may be added during the term of this Agreement, and all additional drops shall be governed by the same terms and conditions specified in this Agreement. The cost for additional site drops to City facilities not included in Exhibit 6.3 Schedules 1 and 2 shall be in accordance with Exhibit 6.5 Schedule 2 A. The $55 I-Net Growth Discount shall not apply to addltional City sites 4.2 City I-Net Growth Discount CP.I. shall be responsible for and timely provide the City an I-Net Growth Discount. The Discount shall be available to the City and not to any other I-Net customers, in recognition of economies of scale that CP.!. will realize from additional customers due to reduction of the pro-rata cost of service. The Discount shall be equal to $55 per month per equivalent 100 Mbps Ethernet port for services provided to institutions and businesses to be deducted from the monthly service charges to be paid by the City to CP.I. In recognition of economies of scale that C PI will realize from use of underground ducts, conduits and related structures in accordance with the second amendment to the fiber Optic Wide Are,1 Network Use A\!,reement, within nmety (90) days of the Citv Manager's written request which may be made no earlier than Julv 1, 2004, c.P.!. shall provide site drop services to the Marine Lab, located at315 North LinCD~SlI;'(~~~.tanJlbt} Public Safety VLA:--J locpJJ"ons includ~sJ if!J1,<hilJit 6.7 at no base or non-recurring chargp to tl1!L~~i.tV. Within ninety (90) days of theD!yJvra~t:~~wri!tG!..l-.!~g,ue..,t to reedV(' the site drop services, upon the availability of wide area networking services at the \.1arine Lab, the City shall begin to pelY a recun~i}~.tLserYice charge in accordance with Exfnbit 6.5 Schedule 2 A. JJw ()ti"""E"Q...rl:}12~)J1sati()n for d~I.:!<Jiber marketilJ.g...~~r\'~~~:~jn ~;"'(;..9rdance with Subsection 2.10(4) <;h?JLh.t?"12r5)vlJ~!:.U!lJh~Jorm of a Darh.J:.ib(}.r Mark~~hng Service Discount in the amount of fifty percent (50%J_0J !Jll~_lt~!.1s Liber !l!~!heting.s.!;~.r:2d(~I~Cmn!!z-~"~~rvi~::..<:'_~I1i!.rge to be "deducted from the monthly se_rVIC(~ l;Jl.?l.!:gQ~tQ..beE!!J.~i.py the Cit" to c.P.!." The Dark FIber Mark~!ing Senjf.e Di?count ..,hall not applv to up to fOu;L(:lJ_<J..!!.rJsJlbers used for non-coml!!.Q.!cial pubhc saf~ervi~es il~i!.s::('ordance with Subsection 2(1ill.(11 4.6 Public Safety VLAN Within ninety (90) days of the City Manager's written request which mav be made no earlier than Julv 1, 2004, c.P.r. shall be responsible for all cosis to provide fully functional I-Net node equipment and ~itl' tl.!:QPs L0-City faciIJt1es included in Exhibit 6.7. T..be City sh.?JI hav~.J:he rig:tlt to exclusIve, irrevocabk use of the ..,it~_~~rop" WIthout any further ongoing charges duringJ:lli;~ lnihal Tprm and Extended Ter~~ any, continlljD,g.2..cyond termination, cancellation or Q~iration of this ~greement, as provided in Section 5.6, Survh:~_However, in the event the City continu_es its use of the site drops beyond termjllatioll< cancclL<!ttQll52_r:....explfation of this Agreement, the City shall pay a pro-rata share of C.P.L's reasonable maintenance costs for City site drops. Within ninety (90) days of the Citv Manager's written requ('.,t~~LQf.~lve the site drops, upon the availability of VLA::J services~ the City ..,hall begin to pay a recurri1}g2g!,vicl{ charge in accordance 'with ~25..tl1bIi9):~. ~~h(~!:ulQ 4.A. for wide area networkil:!g services to City faciljtiq~jncluded in Exhibits 6.3 <!nd 6.7 for a Public Safety VLAI\: l;pon the Citv's request to receive Public Safety VLAN services, the Citv agrees to pay the non-reCUfl ing connection charge shown in ExhibIt 6.5 Schedule 4 B for a ('.1>.1. standard termination panel and cllstomer premIses equipment inslalled at each Cit\' site included in Exhihit 6.7. Upon the elvailabIlitv of services and continuHllLthroughout the 1!1it@J.l\~!:m Q,f tlIt" AgreGll1cnt, the Cit~L agrG_G?_Jo 'llily _a base chargs? representative ol(,r.I.' s actual costs for site drops and non-recunjng and recurrillg service charges shown in Exhibit 6.5 Schedule 4 for wide area networkil1g to additional City facilihes not included in t.xhibits 6.3 ,md 6 7. rhe charges shown in Exhibit 6 5 Schedule 4 shall be ,wailable to additional Citv and non-City owned public safety facilities not included in Exhibits 6.3 and 6.7. page 6 -. ~J:l_?:..rg~_ sl!9...!!ilj})J~~.hj.!2j_t9...:..2_~t;.h9_~tl!I~__'L(J.!!_!.1Q UDS.:J uQ ..!;_ ~}!. _cndos U re, e1ectJlcaJ serv icc L.<:}n~ an Y !.~m!.!TedJ2faJ?-rea ndworJ~.sg!.!.i~~1..1.lCnt~xpcns<;s w ithin f~s;i1iti~2..b?Y-9..!.1d thc c.P.!. 'itandard terl!!-iD~ltion panel and customer premises equipment IDe Public Safe tv VLAN ~h_all be used for ~!lon-comm<?Tct!!l..p.!..ivdk t~l~Q.ml11unica"t(~t:.ls system .!:!!..l.!!..l"?}'iv <!.t~ sha!1~~LtQ.l.9S_QI!lm uni~ations ~~!'yjfg~ fQ!", the so..k.-2.!:!!.l2Qse of P21l9tilil e and elJ..l.erge1..l.f):: ser'y'i.f~~ .!Yl.tht..!.!l!:t~_~.!.t.Y.__J'J1Q..privdtgl?h<:lred t91c.fomgll:micdtJon~-,'>Vstem_!".D-_?"'y:-be available to other policeLflre d.llQ emergency service entities within and outside of the City and shall not be used for commercial purposes unless approved in writing bv c.p.!. and the Citv Manager. page 7 , . ~. EXHIBIT 6.5 SERVICE CHARGES 1. c.P.I. BASE CHARGESl A. c.P.I. base charge per Ethernet port per facility per month including site drops during Initial Term for Exhibit 6.3 schedule 1 Ci sites B. c.P.I. non-recurrin connection base char e c C P.I. Local Area Network services charge E. Additional CP.I. base charge per month for broadband Internet access (charges to be provided by March 31, 2003 or a later date if approved by the City Manager) 1', Web S111?P.Q..~ti~rvic~ Wide Area Networking Within the Ci ) Data Mb s = 100 $345.00 $600.00 $ $ $ $ $80..:.Q.Q pl':'r hour or as approved by the City Manager 2. REGULAR COMMERCIAL SERVICE CHARGES WITHIN THE CITYl A. CP.I. maximum charge per Ethernet port per site location per month includin standard overhead facili site dro Wide Area Networking Within the Ci Data Mb s = 100 $220.00 $600.00 $ page 8 > . .. EXHIBIT 6.5 3. WIDE AREA NETWORKING SERVICE ADDITIONAL CHARGESl Wide Area Networking (Within the City and Clallam Coun service areas Data Mb s '= 100 A. AddItional charge per Ethernet port per month, including standard overhead facility site drops charge within the Clallam County service area (charge to be provided March 31, 2003 or a later date if a roved b the Ci Mana er B. Additional charge per Ethernet port per month, excluding standard overhead facility site drop charge within Clallam County service area (charge to be provided March 31, 2003 or a later date if a roved b the Ci Mana er $ $ L __..rHARGE~.J~OR PUBLIC SAfETY VLAN SI;:RVICES WITHIN THE CITYI Wide Area NctwoXki.!.1..g iWithin_tbp Cityl Data Mbps = 100 A. c.P.l. maximum charge per IJhernct port per fdCllity per month $iO.OO exdl!.dir!g.t<:.'lcili!:'y" site droj2 B. c.P.I. non-recurring connection charoe $600 JDtility Ta~)s not included. page 9 . . . . ~KlimlIJ)J. PUBLIC SAFETY-GlR SITE LOCATIO~S AND SERVICE REQUIREMENTS I,-J:UY SI1]<:.JJQ!;~A 1JONS TO REC~lY~t~!I~ R~9X~t~N125ERVJCE RJ;:_QUI~~JY.HitJTS ~jh'-Munkip-~ fasi!Hiec, Site DesCl lDUon Service Reqlli1:.~mel1J 200 Citv Pier Data Mbos == 100 201 Francis Street Park Data Mbps == 100 202 Dream PlaV2:round Data Mbps == 100 page 1 0 -4 i AGREED TO BElWEEN THE PARTIES on the last date written below. /2--/-0.3 Date CITY OF PORT ANGELES ~' . ~~- -----By: /;2 ~ c:T? - 03 Date ATTEST: t:~ ,60 ~ g,'A-L4Ja^ City Clerk page 11