HomeMy WebLinkAboutAgreement_General_7/9/2020_New Horizon Communications Corp.VILLAGE OF TEQUESTA
AGREEMENT FOR TELECOMMUNICATIONS RELATED
SERVICES AND SUPPORT
THIS AGREEMENT FOR TELECOMMUNICATIONS RELATED
SERVICES AND SUPPORT is entered into and effective this _j_ day of July, 2020 (the
"Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal
corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized
and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and
NEW HORIZON COMMUNICATIONS CORP., a foreign corporation licensed to do business in
Florida, with offices located at 200 Baker Road, Suite 300, Concord, Massachusetts 01742
hereinafter the "Contractor" and collectively with the Village, the "Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide telecommunications related services and support for Village
facilities pursuant to all applicable statutory, licensing and Village code requirements. The Parties
agree to enter into this Agreement pursuant to the Master Service Agreement, the Service
Addendum, and all associated and referenced documents therein, excepting any specified conflicts
between those documents and this Agreement document as stared herein. The Master Service
Agreement and the Service Addendum are attached hereto as Exhibit "A".
2. COMPENSATION: In consideration for the above Scope of Services,
compensation shall be pursuant to the pricing provided in the Service Addendum included as part
of Exhibit "A".
E
S 3. TERM: TERMINATION: NOTICE: This Agreement shall be for a term of
THREE YEARS commencing on the Effective Date and shall automatically renew for additional
one-year periods until and unless either party terminates this Agreement. This Agreement may be
terminated by either party at the conclusion of the then current one-year term with at least 90 days
advance written notice to the other party. Notice shall be considered sufficient when sent by
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certified mail or hand delivered to the Parties during regular business hours at the following
addresses:
Village
Contractor
Village of Tequesta
New Horizon Communications Corp.
345 Tequesta Drive
200 Baker Avenue, Suite 300
Tequesta, FL 33469-0273
Concord, MA 01742
Attn: Village Manager
Attn: Eric Hammare
4. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as deemed sufficient by the Village and shall
name the Village as an "additional insured" on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim, demand
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes. This provision shall control over
conflicting or differing provisions in or referenced in Exhibit A.
6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
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review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews, or investigations.
All parties doing business with the Village shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct,
and abuses.
9. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it
does not have business operations in Cuba or Syria, as similarly provided in Section 287.135,
Florida Statutes. The Village may terminate this Agreement at the Village's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created
pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this
Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been
engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
10. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal. The Village's
obligation to pay any such attorney's fees is limited pursuant to Sec. 768.28, Florida Statutes. This
provision shall control over conflicting or differing provisions in or referenced in Exhibit A.
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11. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
12. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
In accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement. This provision shall control over
conflicting or differing provisions in or referenced in Exhibit A.
13. AMENDMENTS AND ASSIGNMENTS: No modifications shall be made to
this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum
to this Agreement. The Contractor shall not transfer or assign the provision of services called for
in this Agreement without prior written consent of the Village.
14. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in Scope of Services. Upon request
from the Village's custodian of public records, the Contractor must provide the Village with copies
of requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who
fails to provide the public records to the Village, or fails to make them available for inspection or
copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section
119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further,
the Contractor shall ensure that any exempt or confidential records associated with this Agreement
or associated with the provision of services contemplated herein are not disclosed except as
authorized by law for the duration of the Agreement term, and following completion of the
Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion
of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in
possession of the Contractor, or keep and maintain public records required by the Village. If the
Contractor transfers all public records to the Village upon completion of the Agreement, the
Contractor shall destroy any duplicate public records that are exempt or confidential and exempt
Page 4 of 6
from public records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining public records. Records that are stored electronically must be provided to the Village,
upon request from the Village's custodian of public records, in a format that is compatible with
the Village's information technology systems. This provision, and the requirements of Chapter
119, Florida Statutes regarding public records, shall control over conflicting or differing
provisions in or referenced in Exhibit A, including but not limited to provisions regarding
"confidential" or "proprietary" records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmcwilliams(ateguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
15. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
16. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
17. WAIVER: No waiver by the Village of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent
to or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
18. ENTIRE AGREEMENT: This six -page Agreement, along with Exhibit A and along
Page 5 of 6
with any required insurance documents, constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: NEW HORIZON COMMUNICATIONS
CORP
DoeuSigned by:
9FBG45G48g15477
By: Eric Hammare, Vice President of Sales
(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: `--B-rA
vP�°>Q
Lori McWilliams, MMC = �' SEi4L
Village Clerk 'INcOFftFi ret)
Page 6 of 6
new horizon
communications
Channel Manager: JASON SWANN
Partner: TCG PARTNERS
Sub Agent: Rob Gross/MorseComm
Corporate Name: THE VILLAGE OF TEQUESTA
Business Name (DBA):
Street Address: 345 TEQUESTA DR
City: TEQUESTA
State: FL
zip: 33469
Federal Tax ID or SSN:
MASTER SERVICE AGREEMENT
Date: 6/25/2020
Main Contact Name:
BRAD GOMBERG
Phone:
561-768-0554
Email:
bgomberg@tequesta.org
Billing Contact Name:
SAME
Phone:
SAME
Email:
SAME
Tax Exempt: If yes, check appropriate boxes: (exemption certificates must be attached or taxes will be billed)
Federal ❑ State ❑ Local ❑
D&B Number:
This Master Service Agreement ("MSA") is entered into between New Horizon Communications ("NHC") and THE VILLAGE OF
("Customer'). As defined herein, the term "Agreement" refers to this MSA, the Standard Terms and Conditions, all relevant
Service Order Addendum(a) ("SOA"), all attachments to this MSA, the Terms of Service ("TOS") (available at
http://www.nhcgrp.com/tos/) and all documents incorporated by reference (collectively referred to as the "Incorporated Agreements") as
such documents may be amended from time -to -time in accordance with the terms of such Incorporated Agreement. By signing this
MSA, Customer acknowledges it has read and agree to the MSA and the Incorporated Agreements. Customer acknowledges and
agrees that such Incorporated Agreements include additional fees and charges.
Term: The Agreement is fully binding and enforceable as of the date the SOA is/are signed by both parties (the "Effective Date(s)")
and the terms and conditions set forth in this MSA and the Standard Terms and Conditions (as defined below) will remain in effect for
as long as NHC provides Services to Customer ("Term") pursuant to any SOA. The terms and conditions set forth in the attachments
to this MSA will remain in effect for as long as NHC provides the applicable Services described in the attachment; provided that the
pricing and discounts set forth in an attachment may be subject to an expiration date as stated in the attachment and applicable TOS.
2. Additional Provisions
21 Definitions: Capitalized terms not defined in this MSA shall have the meaning provided for in the relevant Incorporated
Agreements
22 Automatic Renewal: The initial term of services provided pursuant to each SOA will automatically renew for successive one (1)
year periods, unless Customer notifies NHC in writing of Customer's desire not to renew at least ninety (90) days prior to the
expiration of the then current term.
23 Jurisdiction and Venue: All matters arising out of or relating to this Agreement shall be governed by and construed in accordance
with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or
rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Customer consents to the jurisdiction of the
Courts of the Commonwealth of Massachusetts, County of Middlesex or the United States District Court of the Commonwealth of
Massachusetts as sole and proper venue for any dispute between the Parties arising out of the terms of the Agreement.
Version 5.19 Page 1 of 2
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Acknowledgments
31 Execution: To become effective, this Agreement must be: (1) signed by an authorized Customer representative; (2)) signed by
an authorized NHC representative; and (3) Customer must enter into a SOA. This Agreement is effective in all electronic or
physical forms, which all will be considered original and all constitute the Agreement. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same
agreement. A signed copy of this Agreement delivered by email or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original signed copy of this Agreement.
32 Amendment or Modification: This MSA, together with the Incorporated Agreements, constitutes the sole and entire agreement
of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such
subject matter. If there is any conflict between the rates, terms and conditions set forth in an SOA and those in the applicable
tariff or price list or the TOS posted on NHC's website (http://www.nhcgrp.com/tos/), the terms and conditions of the applicable
filed tariff shall have first precedence, any negotiated and jointly approved supplemental to the MSA or individual SOA shall
have second precedence, conditions set forth in the TOS shall have third precedence and standard conditions set forth in the
MSA shall have fourth precedence. Unless expressly provided for otherwise in writing, this Agreement may only be amended,
modified, or supplemented by an agreement in writing signed by each parry hereto.
33 Authorized Representative: By signing the Agreement, you acknowledge you have the authority to enter into the Agreement on
the Customer's behalf.
Name: Riga;l ►J i(
re , — An
Date: 44
Name: Eric Hammare
Title: VP Sales
DocuSipned by:
Rmmam
u i ture
Authorizations
Date: 6/26/2020
Do not release any of my company information (including my customer service record) to requesting carriers or third -party vendors
without prior notification and/or my consent. (initials)
I hereby authorize my Agent access to view my New Horizon Communications invoice. (initials)
Version 5.19 Page 2 of 2
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SERVICE ADDENDUM
Company Name:
THE VILLAGE OF TEQUESTA
Sales Executive:
Rob Gross/MorseComm
Street Address :
345 TEQUESTA DR
Phone :
Suite Number :
E-Mail :
City, State :
TEQUESTA, FL
Zip Code:
33469
Corporate Billing Contact
Information
Billing Contact Name :
Brad Gomberg
Corp. Contact Name :
Brad Gomberg
Billing Address :
345 TEQUESTA DR
Corp. Contact Phone :
561-768-0554
Billing Suite Number:
Corp. Contact E-Mail :
bgomberg@tequesta.org
Billing City, State, Zip :
TEQUESTA, FL33469
Billing Contact Phone :
561-768-0554
Contract Term (yrs) :
3
Billing Contact E-Mail :
bgomberg@tequesta.org
AdditionalOrder
Information
Corporate Account Billing? :
Yes.
Invoice Responsible :
Single combined invoice paid by Corporate Location
Paper Bill? :
Yes
Email Bill? :
No
Is this quote part of an existing NHC Location move of one
physical site to another? :
New order not related to move.
Do you have a desired Installation Date for this order? :
Yes,
Is the customer Tax Exempt? :
Yes
LOCATIONSERVICE
Item Code
357 TEQUESTA .-, TEQUESTA. FIL 33469
Voice Services- Recurring
CITY
Unit Price
MRC
[ATT36FTLD]
AT&T POTS Line
8
$38.62
$308.96
[EUCL]
EUCL
8
$8.59
$68.72
[PICC]
PICC
8
$3.75
$30.00
[LNPPOTS]
LNP
8
$0.69
$5.52
[ITSTERM]
ITS
8
$4.50
$36.00
Item Code
Installation Services
QTY
Unit Price
NRC
[PREMVISIT]
Premise Visit
1
$0.00
$0.00
[MIGRATENRC]
Installation
8
$0.00
$0.00
[SVCODRCG]
Service Order Request
1
$0.00
$0.00
Item Code
Usage- Minute Rates
CITY
Unit Price
Rate/Min
[CALL PACK 825]
Local - 1500 MOU Per Line
1
$0.0000
$0.0000
[LD 402]
Regional
1
$0.0590
$0.0590
[LD 4021
Intrastate
1
$0.0690
$0.0690
[LD 402]
Interstate
1
$0.02901
$0.0290
Site Total
MRC
$449.20
NRC
1 ]0.00
Item Code
399 -••
Voice Services- Recurring
QTY
Unit Price
MRC
[ATT36FTLD]
AT&T POTS Line
2
$38.62
$77.24
[EUCL]
EUCL
2
$8.59
$17.18
[PICC]
PICC
2
$3.75
$7.50
[LNPPOTS]
LNP
2
$0.69
$1.38
DOC#: DOC3905176402 RFQ#: 5298459383 Doc Created: 2020-06-03 16:10:41
Quote ID#: www.nhcgrp.com Page 1 of 5
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SERVICE ADDENDUM
[ITSTERM] ITS 2 $4.50 $9.00
Item Code
Installation Services
QTY
Unit Price
NRC
[PREMVISIT]
Premise Visit
1
$0.00
$0.00
[MIGRATENRC]
Installation
2
$0.00
$0.00
Item Code
Usage- Minute Rates
QTY
Unit Price
Rate/Min
[CALL PACK 825]
Local - 1500 MOU Per Line
1
$0.0000
$0,0000
[LD 402]
Regional
1
$0.0590
$0.0590
[LD 402]
Intrastate
1
$0.0690
$0.0690
[LD 402]
Interstate
1
$0.02901
$0.0290
Site Total
MRC
$112.30
NRC
1 $0.00
Item Code
901 OLD DIXIE HWY, TEQUESTA,
Voice Services- Recurring
QTY
Unit Price
MRC
[ATT36FTLD]
AT&T POTS Line
3
$38.62
$115.86
[EUCL]
EUCL
3
$8.59
$25.77
[PICC]
PICC
3
$3.75
$11.25
[LNPPOTS]
LNP
3
$0.69
$2.07
[ITSTERM]
ITS
3
$4.501
$13.50
Item Code
Installation Services
QTY
Unit Price
NRC
[PREMVISIT]
Premise Visit
1
$0.00
$0.00
[MIGRATENRC]
Installation
3
S0.00
$0.00
Item Code
Usage- Minute Rates
CITY
Unit Price
Rate/Min
[CALL PACK 825]
Local - 1500 MOU Per Line
1
$0.0000
$0.0000
[LD 402]
Regional
1
$0.0590
$0.0590
[LD 402]
Intrastate
1
$0.0690
$0.0690
[LD 402]
Interstate
1
$0.0290
$0.0290
Site Total
MRC
$168.45
NRC
1 $0.00
Item Code
136 BRIDGE -D TEQUESTA,
Voice Services- Recurring
QTY
Unit Price
MRC
[ATT36FTLD]
AT&T POTS Line
2
$38.62
$77.24
[EUCL]
EUCL
2
$8.59
$17.18
[PICC]
PICC
2
$3.75
$7.50
[LNPPOTS]
LNP
2
$0.69
$1.38
[ITSTERM]
ITS
2
$4.50
$9.00
Item Code
Installation Services
QTY
Unit Price
NRC
[PREMVISIT]
Premise Visit
1
$0,001
$0.00
[MIGRATENRC]
Installation
2
$0.00
$0.00
Item Code
Usage- Minute Rates
QTY
Unit Price
Rate/Min
[CALL PACK 825]
Local - 1500 MOU Per Line
1
$0.0000
$0.0000
[LD 402]
Regional
1
$0.0590
$0.0590
[LD 402]
Intrastate
1
$0.0690
$0.0690
[LD 402]
Priterstate
1
$0.02901
$0.0290
Site Total
MRC
$112.30
NRC
1 $0.00
DOC#: DOC3905176402
Quote ID#:
RFQ#: 5298459383
www.nhcgrp.com
Doc Created: 2020-06-03 16:10:41
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SERVICE ADDENDUM
Item Code
Voice Services- Recurring
CITY
Unit Price
MRC
[NVPRI23]
newvoice PRI 23 Channel
1
595.00
$95.00
[NVCE911]
newvoice DID E911
1
$3.50
$3.50
[NVDID]
newvoice DID
299
$0.10
$29.90
[206]
Unlimited Local Feature
1
$50.001
$50.00
Item Code
Equipment- Recurring
CITY
Unit Price
I MRC
[NVC24311T1]
newvoice Cisco 2431 1TI/E1
1
$32.001
$32.00
Item Code
Installation Services
QTY
Unit Price
NRC
[SIPNRC]
newvoice SIP Installation
1
$0.00
$0.00
NVCLNP]
newvoice SIP LNP
300
$0.00
$0.00
Item Code
Usage- Minute Rates
QTY
Unit Price
Rate/Min
[206]
Local
1
$0.0000
$0.0000
[U-219-VP NVSIP]
Regional
1
$0.0190
$0.0190
[U-219-VP NVSIP]
Intrastate
1
$0.0190
$0.0190
[U-219-VP NVSIP]
Interstate
1
$0.01901
$0.0190
Site Total
MRC
$210.40
NRC
1 $0.00
Order Totals 1 MRC $1,052.65 NRC $0.00
DOC#: DOC3905176402
Quote ID#:
RFQ#:5298459383
www.nhcgrp.com
Doc Created: 2020-06-03 16:10:41
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SERVICE ADDENDUM
1) This quote is valid for 60 days and is for budgetary purposes only. It does not include (if applicable) any additional equipment, cabling or pre -installation
work, added features, shipping, optional features or services that may have been added at the customer's request prior to installation and billing. Pricing is
subject to change if the underlining ILEC/Carrier institutes pricing changes to its tariff or non tariff rates beyond the control of NHC. Additionally, during the
migration process or after NHC has assumed billing, it is discovered the lines have additional features and/or are of another class of service (for example
Centrex lines, Metro Lines, Remote Call Forward, Resale Trunk Lines, etc) will be priced at NHC posted or tariffed rates. Migrating existing service to NHC,
customer understands and accepts that additional feature charges will apply if after migration additional feature charges are found to be associated with
the migrated service.
2) The pricing above does not include taxes, fees and surcharges that are imposed or permitted by a government agency under a rule or regulation. In many
cases, they are designed to support a specific program (e.g. universal service fund, 911, deaf relay services, etc.) Other fees and surcharges cover our costs
associated with providing certain aspects of our service such as maintenance and repair charges that are imposed on us by our underlying carrier, network
components and long distance access. These fees and surcharges are set forth on our website at www.NHCTermsOfService.com.
3) An address must be supplied and validated by RBOC/ILEC database. NHC is not responsible for an unvalidated address that doesn't match the location
resulting in an inaccurate quote.
4) Distance, Location Site Survey & Build-Outs/Cabling: Pricing and install intervals are based on the requested building location and available facilities.
Additional costs for build -out and/or cabling may apply with some requested services (for example Broadband, DSL, Ethernet/Ethernet Over Copper, Fiber
to the Internet, etc).
5) Domestic (US) Flat Rate Usage Plans are designed for typical day to day business voice use only. NHC reserves the right to cap, change or terminate the
customer's flat rate plan if it is determined that the customer is using the flat rate plan excessively. newVoice Connect inbound usage caps are as follows,
Inbound usage is capped at 25,000 minutes per PRI and 1,000 minutes per analog trunk. Inbound calls exceeding those levels will be billed at 0.015 cents
per minute. All newVoice Hosted PBX and Connect incurs an overage charge on bundles of .029 per minute. NHC in its sole discretion reserves the right to
ensure that services are used by the customer for normal day to day business use. Instances of abuse would include but are not limited to, call centers,
voice/fax dialers, telecom carrier applications, etc. NHC in its sole discretion reserves the right to ensure that services are used by the customer for normal
day to day business use. Instances of abuse would include but are not limited to, call centers, voice/fax dialers, telecom carrier applications, etc.
6) Confidential and Proprietary: This proposal is provided to the Company listed above and may not be disclosed or forwarded to any other party without
the express written consent of New Horizon Communications Corp.
7) Terms of Service, --By signing this Addendum, the parties agree to incorporate in this Addendum and the Master Service Agreement with which it is
associated the Terms of Service that are set forth on NHC's website at www.NHCTermsOfService.com. In the event of conflict between the Terms of Service
and either the Master Service Agreement or this Addendum, the Terms of Service shall control.
DOC#: DOC3905176402 RFQ#: 5298459383 Doc Created: 2020-06-03 16:10:41
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CUSTOMER AUTHORIZATION:
SERVICE ADDENDUM
The signatory below represents and warrants his or her authority to execute, deliver and perform this Agreement on behalf of the Company
named below. New Horizon shall be entitled to rely on any apparent or implied authority of such signatory, which shall result in a binding
and enforceable agreement between New Horizon and the Company. Installation shall mean the date when NHC tests and turns up your
service and we notify you that your service is ready for use.
Name: 1 bi aa1 1
N -Ij
Date: 7-1- 20&
Name: Eric Hammare
Title: VP Sales
DocuSigned by:
G h*MaM
Authorized ionature
Date: 6/26/2020
DOC#: DOC3905176402 RFQ#: 5298459383 Doc Created: 2020-06-03 16:10:41
Quote ID#: www.nhcgrp.com Page 5 of 5
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ADDENDUM TO NHC'S MASTER SERVICE AGREEMENT, SERVICE ORDER ADDENDUM
& TERMS OF SERVICE
CUSTOMER NAME: Village of Tequesta
In addition to the terms and conditions contained in the New Horizon Communications, further referred
to as "NHC", Master Service Agreement (MSA), Terms of Service (TOS), and Service Order Addendum
(SOA) between NHC and Village of Tequesta, further referred to as "CUSTOMER", NHC and CUSTOMER
agree to the following provisions as it relates to a new agreement.
(1) Regarding Section 2.3/Jurisdiction and Venue of NHC MSA, NHC agrees to the following:
All matters arising out of or relating to this Agreement shall be governed by and construed in
accordance with the internal laws of the State of Florida without giving effect to any choice or
conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Customer consents to the jurisdiction of the Fourth District Court, covering Palm Beach County
and the Village of Tequesta as sole and proper venue for any dispute between the Parties arising
out of the terms of the Agreement.
(2) Regarding Section 6/Confidential and Proprietary of the NHC SOA, NHC agrees to strike the
language and allow the Customer to share any NHC contractual documentation in the event of a
public records request.
(3) Regarding Section 22/Indemnification of the NHC TOS, NHC agrees to strike the section from the
contract.
(4) All other terms and conditions of the NHC Master Service Agreement and Terms of Service
between NHC and CUSTOMER apply.
Agreed: New Horizon Communications
CDocuSig�Ln-ed by:
, RA*YWtam
Namesffft
'940��mare
Title: VP sales
New Horizon Communications
Date: 6/26/2020
Agreed: Customer
Name:
Title:
Village of Tequesta
Date: