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Home My WebLink AboutContract 35827 (2)Texas House Bill 2128 Network Services Agreement Retention Period: Active Plus 5 Years Case Number: 152330.6.1 �ITY �ECRET'ARY �t�NiI�ACT IV� a � This Agreement is entered into between SBC Global Services, Inc. dba AT&T Global Services on behalf of Southwestern Bell Telephone, L.P. dba AT&T Texas ("AT&T") and City of Fort Worth ("Custome�"), for the provision of the Service ("Service"). 1. Pursuant to Texas House Bill 2128, AT&T will install and maintain (enter description of Service being sold and Service locations). One 10Mbps OPT-E-MAN port at 8851 Camp Bowie West Blvd, Room 345, Fort Worth, TX with one 10Mbps EVC to 500 W. 3`d St, Fort Worth, TX. � �� 4. 5. 6. 7. 8. AT&T agrees to provide Service for a term of 60 months commencing on the date testing by AT&T is complete and the Service is available for use by Customer ("Cutove�") At no additional charge, AT&T will, at Customer's request, cooperatively test at the time of installation the parameters applicable to the Service as specified in this Agreement. AT&T will give Customer at least five (5) days advance notice, by telephone, of test date. All test results will be made available to Customer upon request. Not withstanding the above, if Customer fails to participate in the test, such failure shall not delay commencement of the term of this Agreement. AT&T will use its best effort to install and test the Service to meet Customer's requested service date of 08/01/07. A. Customer agrees to pay AT&T, during the above term, a monthly recurring charge of $278.20 and at the commencement of the term a one-time non-recurring charge of $0.00. These rates (❑ will � will not) be subject to AT&T-initiated increases during said term. B. If Customer cancels this Agreement prior to Cutover, Customer shall reimburse AT&T for all non-recoverable expenses incurred in processing the Agreement and for the installation of required equipment and facilities completed up to the date of cancellation. C. If Customer terminates the Service after the Cutover and prior to the expiration of the term, and subject to applicable law, Customer shall be liable for early termination charges in accordance with the applicable tariff at the time of execution of this Agreement. For services not governed by tariff, Customer shall be liable for 50% of the remaining monthly recurring charges provided in this Agreement. Termination charges are due immediately upon termination. Alteration by Customer of any technical parameter specified for the Service, without the prior written permission of AT&T, shall terminate this Agreement and Customer will be subject to the termination charges described in paragraph 3.C. above. The network interface for the Service shall be determined by AT&T within the building where the Service is terminated, and Customer may attach its equipment at this point. A. AT&T shall exclusively repair and maintain the Service up to and including the network interface. Maintenance of the Service shall be at AT&T's expense, except if required because of negligent or willful misconduct of Customer, its subsidiaries or affiliates, or any other person using Customer's facilities which are connected to AT&T's facilities, or because of the equipment provided by Customer or by any other person on Customer's behalf, which equipment is connected to AT&T's facilities on Customer's side of the network interface. In such event, Customer shall pay AT&T cost of labor and material as determined in accordance with AT&T's cost accounting system; provided that, if the charge for any work operation is specified in a AT&T Tariff filed with the governmental regulatory commission with jurisdiction over the subject matter, the work operation will be billed at the Tariff rate. B. Customer shall ensure that the equipment it provides does not cause hazards to AT&T's personnel, or cause damage to or require modification of AT&T's equipment or facilities. Customer shall provide access to Customer's premises and equipment to AT&T, its suppliers and agents for installation, testing, repair and maintenance purposes. AT&T and Customer will take reasonable precautions in the location, construction and maintenance of their facilities so as not to interfere with the Service or facilities furnished by the other. No subsequent agreement between Customer and AT&T concerning the Service shall be effective unless it is made in writing. No representation, promise, inducement or statement of intention has been made by either party which is not embodied herein. CONFIDENTIAL INFORMATION Subject to the disclosure requirements of Chapfer 552 of Texas Government Code, this agreement is for use by authorized employees of the parties hereto only and is not for general distribufion _ within or outside their companies. � p p�qg ly9p,99 '; X Page 1 of 4 'J�� °�� `�'¢5�20�'Sml �.' SW-1869T . . . .� _� ., , . _, , � Texas_HB2128_Agreement � ��I �' j�ii�'i�'ia�/ �..�. �.' �4u L.I . . �ti� .;.l�'�. f �� j �% . ; � b�� .��:i'J'l'1'U� U��GO, Texas House Bill 2128 Network Services Agreement Retention Period: Active Plus 5 Years 9. Notices under this Agreement shall be addressed as follows: Customer: City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 AT&T: Southwestern Bell Telephone, L.P., dba AT&T Texas Attn: Account Manager for City of Fort Worth 1116 Houston St., Room 1307 Fort Worth, TX 76102 The effective date of any notice under this Agreement shall be the date of receipt by the addressee. Notwithstanding this provision, all notices shall be considered received within five (5) business days of the date the notice was originally sent. 10. The failure of either party to give notice of default, or to strictly enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of an extension of time for performance shall not constitute the permanent waiver of any term or condition of this Agreement. This Agreement and each of its provisions shall remain at all times in full force and effect until modified by the parties in writing. 11. This Agreement is subject and subordinate to the rules and regulations of the FCC, state regulatory commissions or any other applicable governmental regulatory authority. 12 SUCH PARTYTFORIND RECT,BSPECIAL ORTCON EGIU NTIAL DAMAGES EV NINF ADVIOS DH OF HE POSSIBILITY OF SUCH DAMAGES. 13. Customer shall not assign or otherwise transfer its rights or obligations under this Agreement except with the prior written consent of AT&T, which consent shall not be unreasonably withheld or delayed. 14. In the event either party shall be in breach or default of any terms or conditions of this Agreement, and said breach or default shall continue for a period of ten (10) days after the giving of written notice to the defaulting party thereof, or if said breach or default is not capable of being cured within said 10-day period and the defaulting party shall not commence the cure within said period or shall not thereafter diligently prosecute the completion of curing of such breach or default, then in addition to all other rights and remedies at law or in equity, the non-defaulting party shall have the right to cancel this Agreement. 15. Customer agrees to submit to AT&T all advertising, sales promotions, press releases and other publicity matters relating to Service wherein AT&T's names or marks are mentioned or language from which the connection of said names or marks therewith may be inferred or implied and Customer further agrees, subject to applicable law, not to publish or use such advertising, sales promotion, press releases or publicity matters without AT&T's written approval. 16. This Agreement shall be effective as of the date of execution by AT&T. 17. This Agreement shall be a construed under and governed by the domestic laws of the State of Texas. 18. In addition to the provisions in this Agreement, Services are governed by the Texas state tariffs and the Public Utility Regulatory Act of Texas (PURA). In the event of conflict or discrepancy between provisions of this Agreement and provisions of the applicable tariff as modified by PURA, the provisions of the tariff, as modified, will prevail. This Agreement and the applicable tariff, as modified, sets forth the entire understanding of the parties and supersedes any and all prior agreements, discussions, representations or proposals, written or oral, concerning the Service. 19. This Agreement supersedes case # N/A IN WITNESS WHEREOF, the parties authorized representatives hereby execute this Agreement. CONFIDENT/AL INFORMATION Subject to the disclosure requirements of Chapter 552 of Texas Government Code, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies. pyo2/o6 Ivsos9 SW-1869TX Page 2 of 4 052207sm1 Texas_H B2128_Ag reeme nt Texas House Bill 2128 Network Services Agreement Retention Period: Active Plus 5 Years CUSTOMER � � '1; By. C,��1' G � v � Printed Name: Karen L. Mon � Title: Assistant Cit Mana er CF Date: %� � C �� Company Name: City of Fort Worth Company Address: 1000 Throckmorton Company City, State, and Zip Code: Fort Worth. TX 76102 AT&T GLOBAL SERVICES By. � � , • `'� � ,,�, �� Printed Name: �` � �'�-- Title: J`'�, � Date: End of Document �� :� � �� .��_��-�� , ._ ., , �. ��' �' � = �� ii,� _ �° � �, � �-�,_�_�.� �� T�N�r�ci�� n�To�r��r . �V\ ,,; '�ic,� 1�U l�f�:(; �'�n{�iJ�'Id�� CONFIDENTIAL INFORMATION Subject to the disclosure requiremenfs of Chapter 552 of Texas Government Code, this agreement is for use by authorized employees of the parties hereto only and is not for general distribution _�s _ 1 within or outside their companies. ,_.� �Qp�02/06 �y9099 Page 3 of 4 „ ` n522b7�m1 SW-1869TX - . � Texas H62128_Agreement � �.� ' �'��S r� �� "? - " 'J �,V v:SL'1��.'l; ,� _ �� ,;,�,. �( , �, j i' �� t':''v'li� J� 9 U�� !__. Texas House Bill 2128 Network Services Agreement Retention Period: Active Plus 5 Years CERTIFICATION OF Cit of Fort Worth Customer Legal Business Name Karen L Montgom�r� (name of person signing the contract) states the following: I was aware of the possibility of purchasing from other providers the services I purchased from Southwestern Bell Telephone, L.P. ("AT&T") in the contract dated (Effective Date). This certification is a Texas Public Utility Commission mandated substantive rule (§26.211) requiring AT&T and other incumbent local exchange companies to file quarterly reports with the Commission including a statement of the Customer attesting to the fact that the Customer is aware of the possibility of purchasing of services from other providers. .� � Ci, � =��/ y" U�� Customer Signature � J - �ity of �ort Worth Representative of Company Name �/�a ��O � Date END OF DOCUMENT CONF/DENTIAL INFORMATION Subject to the disclosure requirements of Chapter 552 of Texas Government Code, this agreement is for use by aufhorized employees of the parties hereto only and is not for general distribution within or outside their companies. 02/o2/os Ivsoss SW-1869TX Page 4 of 4 052207sm1 Texas_H B2128_Ag reem ent