HomeMy WebLinkAboutContract 45011 ciiTy MCMAN
CONTRACT
Agency
Department of Information esour s
Communications TServices Division
Service Agreement
This service agreement is
between the Department of Information Res orcesCo unlca,tlons
Technology Services Division D RIFTS) and the Customer. It is the intent of the parties to
comply with the provisions olf'Texas Government Code Chapter 771, Interagency Cooperative Act
anal/or Chapter 7'91 Intcrlocal Cooperation Act as applicable and Title 10, Subtitle D, Chapter
2170, Telecommunication Services, Texas Government Code.
1.1 DIRJCTS agrees to provide Customer with connectivity through various transmission methods to
the "E SN network for specific communications se ices including, but not limited tea, video, voice,
routed data, Internet and/or r equipment (hereinafter"services").
1.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of
the services.
1.3 DIRJCTS will bill monthly for services, as required and respond to inquiries regarding Customers
bill, DIR/CTS shall commence billing for services as they are provisioned.
11. Customer Responsibilities
2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services
Division, I TAC Chapter 2 , as the same may be amended from time to time.
2.2 Customer has the responsibility to cooperate and coordinate with DIR/CT'S so as to avoid delaying
DIR/CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's
responsibility to designate, in a timely anrcr; the types of service desired and provide .IR/CTS with
infon-nation which may affect technical, logistical, engineering, or equipment aspects of service
delivery. The Customer is exclusively responsible for any equipment added to their premises for
connectivity to TEXAN services. Customer shall keep DIRJCT S promptly informed of its billing
contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the
foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay
DII/CTS in the delivery of ordered services, is not a condition of Force Mai eure.
2.3 Payments, will be made in full within 30 days of notification that the T X invoice is available
for retrieval from I IR/CTS's secured website. Customer represents that it possesses sufficient current
revenues to satisfy the timely payment of goods and services provided by, I CTS hereunder. In all
events, Customer shall be billed for and shall pad' in a timely manner for all services actually ordered
and received up through th.e effective date of termination of services. Customer agrees it has no rights to
set eft' against bills received.. from DI CTS,. Customer's covenant to pair survives termination of this
Service Agreement.
2,4 Customer is exclusively responsible sible for the operation and security of its premise equipment. The risk
of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer
accepts this risk and understands that it shall be solely responsible to a all charges, which. many result
from tell gaud or unauthorized use of its premise u�. men ustome�r ereb releases and waives any
OFFICIAL RECORD
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Service Agreement 201 ° CITY,
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claim it y now or in the future against IRICTS for the payment of charges arising from toll
fraud or other unauthorized use on its premise equipment.
2.5 Customer is a qualified ied entity to receive goods and services from DIR/CTS. Services will terminate
without liability to DIR/CTS should Customer"s eligibility status change during the term of this Service
Agreement.
III. Tema.
The terrn of this Service Agreement begins on the date of the last party to sign and is in effect until all
services are terminated or the Service Agreement is terminated in accordance with article v hereof.
Tease note that service terms may differ from vendor to vendor and ftorn services to service and these
terms are reflected on the services order fors.
IV, Billing
.1 D R/C "S's first month's billing for any circuits provisioned will cornrnence on the date provisioning
is completed.
4.2 DIR/CTS will cease billing circuits on the date disconnection is completed.
4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is
disconnected.
4.4 In compliance with Title I, Chapter 207, Rule number 207.11, of the Texas Administrative Code:
customer's billing dispute taming and payment obligations shall track those found in the Prompt Payment
Act,Chapter 2251,Texas Government Code.
V. Termination and Amendments
5.1 DIR/CTS may provide notice of intent to terminate this Service Agreement for convenience by
sending a written statement to that effect, which shall be received by Customer no less than thirty (3 )
days prior to the Effective Date of termination. D1R/CTS ay mate any Service Agreement t for
to
cause with an immediate Effective Date, b issuing wri
tten no to Customer upon failure of
Customer to male timely payment of bills. In addition to, termination of services, DI CTS may notify
the State Comptroller of Public Accounts (CPA) office of the Customer's debt to the state and request
the Customer be placed on the Payments on Hold List until payment for services is received.
5.2 A Customer may provide notice of intent to ten-ninate this Service Agreement for convenience by
sending a written statement to that effect, which shall he received by I CT no less than thirty (3 0)
days prior to the Effective Date of termination. A Customer request to change a service shall not tale
effect until C ustomer provides written notice to A CTS of any changes to ordered services. If
DIR/CTS does not receive wren notification,itt cation, the Customer will continue to be billed monthly, until
proper notification is received. No written termination notice shall be effective prior to the expiration of
thirty 30) days after receipt by DI CT .
5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in
writing by authorized representatives of D,IR/CTS and the Customer.
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Service Agreement 2013,
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V1. Other Conditions Service
6.1 Service rates are subject to change by D IR/CTS, upon 3 0-days written notice to Customer.
6.2 No conflicting tarns or conditions fa�und in C ustomer orders or farms shall become a part of this
Service Agreement.
6.3 If service and/or communications munications projects are canceled at any time prior to completion, Customer
shall he responsible for all actual costs, incurred by DIRJCTS up to the date of cancellat i on. IR/CT'S
will bill the Customer for these costs. Customers covenant to pay shall survive th e cancellation of a
prcj cct.
6.,4 DfR/CTS, relies, on third party contractors for the fulfillment of services contracted for hereunder.
Therefore, DIRJCTS makes no 'Independent warranties or guarantees, express or implied,, regarding said
services.
6.,5 The following terms have the meaning indicated for purposes of this Service Agreement.-
"Force Ma cure means the parties' performance under this Service Agreement shall be adjusted or
suspended by mutual agreement to the extent performance is beyond the reasonable control of
the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood,
lightning, government action, acts of God or public enemy, delays of power company, local
exchange company, or other carer. Failure of Customer to, coordinate and cooperate so as to
delays I IR/CTS is not an Brent of Force Maj cure. In the event of Force Maj eure, the sole and
exclusive remedy,to the party suffering the delay shall be an equivalent extension of the time for
performance. The parties shall document to one another the onset of�events of Force Maj cure
within three days of their onset.
Provision" and "Provisioning" means DIR/CTS has acquired, arranged for or provided at the
Customer's site, the equipment, supplies, or other items necessary to provide the ordered
service(s), but does not mean the actual act(s) of turning up the ordered service(s).
V11. Customer Service Resources
Customer Service Resources may he found at http*://www.d,ir.texas.gov/cts/Pa,ges/cts.q �x Inquiries
regarding this Service Agreement may he directed to IR, Service Fulfillment on 8771-472-4848, option
4 or 512-463-7800.
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Service Agreement 2013
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Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the
0
official executing this Service Agreement is authorized to bind the Customer to its, terms; and that
Customer has completed all of its internal processes to make this a binding undertaking on the part of
Customer.
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ki,"."D E PART ENT OF I RMATION
CUSTOMER. I ) P
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BY: '-- BY:
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NAME: w All AL NAM
TITLE: TITLE: DirectorJ, Come mu nicatiions Technology Seirvicels
DATE.. 4 '-;5 DATE: ?i2L_3'
TROM As, Ta'Xmw Office of General Counsel to/
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Se#jor AzaiatAnt City Atto.vilOY
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Service Agreement 20,13 L!FT, WO.RITH,TX
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RENEWAL OPTIONS -This Agreement may be renewed in accordance with the terms of the DIR
Contract. This, action doles not require specific City Council approval provided that the City
Council has, appropriated, sufficient funds to, satisfy the City's obligation during the renewal term.
EIS,CAL INE9RMATIQN/!QERIIEIQAI low
Thle Financial Management Services Director certifies that funds are available in the current
operating, budget, as appropriated, of the Information Systems Fund.
IQ:,----Eiind,/Acc�ouojU!Center-S FRQ,U Eundl&mountLCenterz
PIlQ8 535080 OQ4QO02l 4.0
Submitted for City Manalger'S Office by: Susan Alanis (8180)
Q 0
rialonatIng Des)artmant Head: Peter Anderson (8781)
Marilyn Marvin (6689)
Addl'timal-Informati'm Cont,a Steve Streiffert (2221)
AIJACHMENTS
http://,,,ipps.cfwnet.org/counicil,,,
_packet/mc-.-rcview.asip?ID=18768i&co,uncil,date=8,/20/20;1,3[8/` 1/201,3 8:40:37 AM]