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HomeMy WebLinkAboutContract 33484 CITY SECRETARY ` CONTRACT NO,, TRANSFER OF SERVICE AGREEMENT This Agreement is made by between the City of Fort Worth, Texas, (hereafter called the "City'l, a municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, through its Public Events department, acting by and through its duly authorized Assistant City Manager, and International Corporate Protection Corporation, (hereafter called "ICPC"), acting through its owner John Santos; collectively referred to as the"Parties." RECITALS WHEREAS, The City has purchased promotional materials for a program that is being sponsored by the Public Events Department; and WHEREAS, The program requires the use of a toll free number (the "telephone numbers")for program responses; and WHEREAS,ICPC currently has use rights to utilize the telephone number; and WHEREAS, ICPC wishes to transfer use of the telephone number to the City for purposes of promoting the program. AGREEMENT NOW THEREFORE,for the good and valuable consideration as specified herein, the Parties hereby agree as follows: 1. Southwestern Bell Telephone Company("SBC")owns the rights to the telephone number that is currently in use by ICPC. 2. SBC has agreed to transfer the right to use the telephone number from ICPC to the City upon an agreement between the parties. 3. This agreement shall apply to the toll free telephone number designated as 866-530-3588. 4. The City shall pay ICPC an amount not to exceed one thousand five hundred dollars ($1,500)for the transfer and use of the telephone number. 5. The City shall pay all installation costs to have a new phone line installed at ICPC facilities, or at a location designated by ICPC. 6. Upon transfer of service,the City shall ensure that the telephone number contains a voice recording to notify callers of ICPC's new phone number for thirty(30)days prior to the City's use of the telephone number.The telephone number shall be set up to accept in-bound calls only during this 30-day period. 7. The Parties agree to execute a"Transfer of Service Agreement" provided by SBC,which is attached hereto as "Exhibit A,"and hereby incorporated and made a part of this Agreement. 8. ICPC agrees to pay all charges and fees trilled or unbilled to the telephone number for all charges incurred up through the effective date of this Agreement. 9. This Agreement shall become effective upon the last date signed by all parties. 10. By signature below, ICPC hereby releases all of its rights and interest in the telephone number, and transfers all rights and interest to the City. This Agreement does not grant any rights to the City greater than those granted to ICPC. 11. Upon the effective date of this Agreement, ICPC, and its officers, agents, or employees hereby agree to discontinue all use of the telephone number for all purposes, whether business or personal. ICPC further agrees to remove the telephone number from all identifying information relating to its business, including but not limited to, phone directory, website, employee business cards, letterhead, and business advertising. 12. ICPC shall be responsible for any loss or damage under this Agreement resulting from any negligent acts, errors or omissions of its officers, agents or employees. ICPC shall indemnify, defend and hold the City harmless against any claims for loss, damage liability or expense for damage to property resulting from any negligent acts,errors or omissions of(CPC's officers, agents, or employees which may arise out of the performance of this Agreement. 13. This Agreement shall be governed by the laws of the state of Texas.Venue for any claims brought pursuant to this Agreement shall be in Tarrant County, Texas. 14. Neither party shall assign all or any part of this Agreement without the prior written consent of the other party. 15. This Agreement gives no rights or benefits to anyone other than the City and ICPC, and there are no third-party beneficiaries. [Signature Page Follows] International Corporate Protection Corporation Transfer of Service Agreement Public Everts Page 2 of 3 EXECUTED in multiple originals on this f day of 147i4k , 2006. ATTEST: CITY OF F T O By. — A G[kt.City ecretary Pania a ' an City Manager NO �[RIED Date: APPROVED AS TO FORM APPROVAL RECOMMEND: AND L GAL r Assistant 6ity Attorney Kirk Slaught r, Director Public Events INTERNATIONAL CORP P OTECTION CORPa-�� ohn Santos Title: C i=U /til ✓ J r;!i Date: U / / International Corporate Protection Corporation Transfer of Service Agreement Public Events Page 3 of 3 Chu f THIS FORM MUST BE NOTARIZED a i TRANSFER OF SERVICE AGREEMENTr I hereby release the use of telephone number to Cil— 6,1 ,'1/Z r' i QC "t (PRESENT CUSTOMER'S SIGNATURE) A ) State of aeA5A County of 772mr - 11� Before me, .. U11cla !„ ,a notary public,on this day personally appeared !ZD h rL 5G rt-MS .proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this / day of ,A.P. -2,06 1 Notary Public Signature ,§A R1k MIRIAM M GARCIA ! MY COMMISSION*DD5W272 EXPIRES:JAIL 18,2010 Non30"153 AwWaNO YSW�i--, Notary Public Printed or Typed Name. My commission expires: 1 I hereby assume ail charges admg on the telephone number either billed or unbille inclu g tory advertising billed by Southwestern Bell Telephone. 1 � /Z6 f VNEt j. U MER'S SIGNATURE) (D State of -7e--K A G County of Ti422T i Before me, Aa4n!!c� id a notary public,on this day personally app � _ .proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that i t he/she executed the same for the purposes and consideration therein expressed. i Given under my hand and seal of office this -qt�L day of ,A-D, oo j .��•�` ��H-tares ! _.:�•fIRp�EL1ABARNEsNotary Public Signature OMMISSION EXPIRES I Malch 31,WRose-11 A Nes 3 Notary Public Printed or Typed Name. My commission expires: 3 - 31-0 9 } i