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HomeMy WebLinkAboutContract 45474-SO2 rauu i ut o _Ipectrumo 201612234796026 CITY SECRETARY CONTRACT NO. SERVICE ORDER Under the Business Internet Access, Video and Music Service Agreement This Service Order is executed and effective upon the latest date of the signatures set forth in the signature block below and modifies the Service Agreement dated Aug 13, 2008 by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder ("Spectrum") with a corporate address at 12405 Powerscourt Drive, Saint Louis, MO 63131 and City of Forth Worth, ("Customer") with offices located at 401 W 2nd St, Fort Worth, TX 76102. Except as specifically modified herein, all other terms and conditions of the Agreement and Commercial Terms of Service shall remain unamended and in full force and effect. This Service Order does not modify that Service Order as initially entered into on Aug 13, 2008 for Service Location 401 W 2nd St, Fort Worth, TX 76102 by the Parties under the Service Agreement. CUSTOMER INFORMATION: Account Name: City of Fnrth Wirth Invoicing Address: 2. Invoicing Special Instructions:Bill to account 8246100014412832 1. SITE-SPECIFIC INFORMATION: X New ❑ Renew ❑ Change: Order Type: New:Additional Site Service Location(Address): 959 E Rosedale St, Fort Worth,TX, 76104 Service Location Name(forpurposes of identification):-Neighborhood Services/Community Service Service Location Special Instructions: Hospitality and Video Customer Contact Information. To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting the enforceability of the terms and conditions herein: Billing Contact Site Contact Technical Contact Name Phone Cell Email SBCR v2 CONFIDENTIAL OFFICIAL RECORD «OPPORTUNITY__ID» CITY SECRETARY FT.WORTH,TX bpedrumo�, MONTHLY RECURRING CHARGES : U.S. Dollar MONTHLY RECURRING CHARGES FOR BULK RATE VIDEO ACCOUNTS; Amounts or# of Units (as applicable) Video Service: CPE-Digital Receiver;Private View Cable Television -Basic;Private View Cable Television -Expanded Number of Units at time of signing('): 4 Monthly Service Fee Per Unit: $19.00 $76.00 (1) Customer understands that Spectrum shall include on the monthly bill to Customer any units over and above the Number of units at time of signing if and when units are added to receive the Service. OTHER CHARGES ( including One -'Time Charges ) : U.S. Dollar Amounts Description of applicable work(e.g. installation,etc.): OTHER CHARGES $99.00 2. TOTAL FEES. Total Monthly Recurring Charges of$76,00 are due upon receipt of the monthly invoice. Total One-Time Charges of$99.00 due as follows: 100%or$99.00 Included in the first monthly invoice 3. SERVICE PERIOD. The initial Service Period of this Service Order shall begin on the date installation is completed and shall continue for a period of 1 months. Upon expiration of the initial term, this Service Order shall automatically renew at Spectrum's then current Monthly Service Fee unless either party terminates this Service Order by giving thirty (30)days prior written notice to the other party before the expiration of the current term. Video Services are subject to rate increases during the term of the contract as described in Video, Music and Content Services. 4. COMMERCIAL BULK SERVICES. This section shall apply in the event that Customer is purchasing bulk Services under this Service Order for purposes of redistributing such Services to its guests(e.g. hotel guests,hospital patients,etc.). Customer understands and agrees that this Section shall not apply nor be interpreted to permit any resale or redistribution of any Spectrum Services not a part of this Service Order. Spectrum grants Customer the right to re-distribute to its guests(etc), through re-sale or otherwise,the Service(s)provided to Customer by Spectrum, provided that: a. Customer shall not engage in any re-distribution activity that in any manner competes with or has an adverse effect on the marketing efforts, sale, and/or distribution by Spectrum to other customers or potential customers of any of Spectrum's services, (including, but not limited to, Internet access, signal transport, video distribution, telecommunications and/or other like transmission services offered by Spectrum),and b. Customer shall be responsible for, indemnify Spectrum against, and hold Spectrum harmless from any and all liability, damage, loss, expense, and/or claim arising from the acts and omissions of any person to whom Customer re-distributes or re- sells the Service or who obtains access to/uses the Service as a result of Customer's re-distribution or re-sale efforts (including, but not limited to, any use of the Service or conduct by such re-distribution/re-sale third parties that would constitute a violation of Spectrum's Acceptable Use Policy). SBCR v2 CONFIDENTIAL ((OPPORTUNITY—ID)) r ayo v an .� C. In the event Customer elects to engage a third party to insert additional video programming, Customer shall be responsible for, indemnify Spectrum against, and hold Spectrum harmless from any and all liability, damage, loss, expense, and/or claim arising from the acts and omissions of such third party. 5. NO UNTRUE STATEMENTS. Customer further represents and warrants to Spectrum that neither this Service Order, nor any other information, including without limitation, any schedules or drawings furnished to Spectrum contains any untrue or incorrect statement of material fact or omits or fails to state a material fact. 6. CONFIDENTIALITY. Customer hereby agrees to keep confidential and not to disclose directly or indirectly to any third party, the terms of this Agreement and Service Order or any other related Service Orders, except as may be required by law. If any unauthorized disclosure is made by Customer and/or its agent or representative, Spectrum shall be entitled to, among other damages arising from such unauthorized disclosure, injunctive relief and shall have the option of terminating this Service Order, other related Service Orders and/or the Service Agreement. 7. ENTIRE AGREEMENT. The terms and conditions of the Service Agreement will remain in full force and effect, except as modified by this Service Order. This Service Order will serve to supplement the Service Agreement. In the event of any conflict between the provisions of this Service Order and the provisions of the Service Agreement excluding those set forth in Indemnification of the Commercial Terms of Service, the provisions of this Service Order shall prevail. All terms not otherwise defined herein will have the same meaning ascribed to them in the Service Agreement. This Service Order supersedes and replaces any and all other Service Orders, either oral or written, regarding the specific Service Locations. This Service Order may not be amended except by a written agreement signed by both parties. The person signing on behalf of the Customer represents that he/she has full authority to bind Customer to the terms and conditions of this Service Order. 8. FACSIMILE. A facsimile of a duly executed Service Order signed by both authorized parties shall be considered evidence of a valid order and Spectrum and Customer may rely on such facsimile copy of the Agreement and Service Order as if it were the original. NOW THEREFORE, Spectrum and Customer agree to the terms and conditions included within this Service Order under the Service Agreement and hereby execute this Service Order by their duly authorized representatives. The Effective Date is the latest date set forth with the signatures below. City of Forth Worth MarOLis-Gable Associates, L.L.C. By:Charter Communications, Inc.; Its Manager Signatur Signature: Name: Name: / Susan Alanis Assistant City yAnager Title: Title: Date: Date: / — J 7 f Spectrum Account Executive: Name:Jacqueline Riddell fop APPROVED AS TO FORM AND LEGALITY: ssistant ny Att©c�e SBCR v2L CONFIDENTIAL OFFICIAL RECORD A Vy;, - ((OPPORTUNITY_ID» CITY SECRETARY FT. WORTH,TX Mary J. Se1r',Pity SecretM Charter/Spectrum Business Service Order 201612234796026, page 4 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Steve Streiffert Assistant Director,IT Solutions Department