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Home My WebLink AboutContract 52552 W RECENED CITY SECRETARY CIIYOFFORTW GIVE ®LIR17E CIIYSECRETARY RY COMMUNICATIONS TWO YEAR COMMERCIAL TERM AGREEMENT This Commercial Term Agreement("Agreement') is made as of July 3. 2019 between City of Fort Worth (Golden Triangle Library)("Customer and Millennium Telcom. LLC dba OneSource Communications("OneSource"). I. SERVICES, RATES,TERMS AND CONDITIONS ❑Telephone Service ® Internet Service L Cable TV Service (Chedc all applicable boxes) Installation Fees:See Attachment A Monthly Recurring and other Charges: see Attachment A Terms and Conditions:see Attachmen1W H. TERM The term for this Agreement shall commence on July 3. 2019 and shall terminate,July 2.2021. After the termination date,this Agreement shall remain in effect on a month-to-month basis until such time as either party provides written notice at least thirty(30)days in advance of its intent to ten-ninate the Agreement. M. ASSIGNMENT OF AGREEMENT Customer may not assign this Agreement without the prior written consent of OneSouroe, which consent may be withheld in OneSource's sole discretion. Upon reasonable notice, OneSource may assign its rights and obligation under this Agreement. IV. TERMINATION If Customer terminates this Agreement prior to the conclusion of the term period stated above for any reason other than to convert to another agreement with OneSource that is equal to or greater than the term of this Agreement, Customer shall be liable for a termination charge equal to 100%of the monthly recurring charges for service multiplied by the number of months remaining in the Agreement, plus any installation charges that may have been waived by OneSource. V. LIMITATION OF LIABILITY All services supplied to Customer are subject to the terms,conditions and rules of the applicable OneSource tariffs on file with the state and federal regulatory agencies which are incorporated into this Agreement by reference.The Tariffs expressly limit the liability of OneSource for errors,delays or interruptions of installation or service and the maximum liability of OneSource is limited to the amount of the customer's charges for the time of the delay or interruption.In no event shall OneSource be liable for lost business or other direct or indirect damages, including lost profits,special, incidental,consequential, and punitive damages. VI. EXTENT OF AGREEMENT This Agreement;, together with the Attachments, represents the entire and integrated Agreement between Customer and OneSource and supersedes all prior negotiations, representations and agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Customer and OneSource.This Agreement guarantees, if applicable,the local access line, trun �RF net rates corresponding with the applicable term length specified above throughout el t. Limitations may apply to combining this rate with other special offers. r, CITY SECRETARY , �A VII. FORCE MA7EURE Except as expressly required by law, OneSource will not be liable for any delay or failure to perform its obligations, including interruptions in service, if such delay or nonperformance arises in connection with any acts of god,fires, earthquakes,floods, strikes or other labor disputes, unusually severe weather, acts of any governmental body, or any other cause beyond the reasonable control of OneSource. VIII. AUTHORITY TO EXECUTE Customer and OneSource represent and warrant each to the other that it has the authority-to enter into this agreement and to perform all of its obligations hereunder. IX. INDEMNIFICATION Customer and OneSource agree each to indemnify and hold harmless the other party, its parent, subsidiary and affiliated companies and entities and their officers, directors,employees and agents from and against any and all damages, liabilities, costs and expenses(including reasonable attorney's fees)arising out of any breach or alleged breach of any of its respective representations or obligations pursuant to this Agreement. X. SEVERABILITY If any term or provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either party. XI. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without giving effect to the principles of conflicts of law thereof. XII. CONFLICT In case of a conflict or inconsistency between the provisions of this Agreement and the terms and conditions of any Attachment, the terms and conditions of the applicable Attachment shall prevail. XIII. CONFIDENTIALITY All written information provided to Customer by OneSource shall be kept by Customer as confidential and proprietary, and shall be used solely for the purpose of providing service to Customer under this Agreement. Customer shall not disclose, publish or distribute to any third party any such written information without the prior written consent of OneSource. Customer. Oneso Communi . Authorized Authoriz Signature Signature Name Y/ i`��V �/►�/�2 Name Title Date �L.Ir Date c Telephone Telephone —� ? Atte ,r MZ 1. KaJ44, ity S t.. J B. Strong,A istant City Attorney ®FFlCIAiI. ECO r FT. WORTH,TX t ONE. D'UR CE Fort Weller Hicks 4 Fort Worth TX 7624-9643 COMMU N I C AT I O Ns 817-745-2000 817-745-2029-Fax Your Business Connected Attachment A Proposal for City of Fort Worth Golden Triangle Library Date Prepared: 03/29/19 Service Address: 4624 Golden Triangle Blvd Fort Worth TX 76244 Billing Address: Account Contact: Bobby Lee 817-392-2310 TAX ID#: Cost Per Month Total Installation Installation Item Quantity (CPM) CPM Cost Total Internet Service I OOM/100M Fiber Internet 1 $69.99 $69.99 $100.00 $100.00 Installation Discount with Two-Year Agreement I ($I00.00) ($100.00) State Sales Tar $2.81 $0.00 City Sales Tax $0.90 $0.00 Internet Total $73.70 $0.00 Total Before Taxes&Fees $69.99 $0.00 Total Proposed Cost $73.70 $0.00 NOTE:Pricing,and installation discounts,are available with a signed two-year term agreement. IMPORTANT NOTICE-PLEASE READ: OneSource will install service where the inside wiring meets the point where our service enters the building this is called the point of demarcation or DEMARC). This point is typically a telecommunications box mounted on the outside wall of the building or,in some multi-tenant buildings,there is a telecommunications room or closet where the DEMARC is located. Inside wiring is the responsibility of the customer. This includes all jacks,wiring,distribution cable and extending wiring from a suite or office to the DEMARC. If inside wiring or the DEMARC extension is not in place at the time of the installation,an additional installation appointment may be needed and additional charges may apply. Our Internet service is installed with a single modem or,in the case of a fiber optic installation,a single network connection. If you will be using more than one computer that requires Internet access,you will need to purchase the necessary equipment(routers,switches,etc.). This equipment,as well as the computers at your site,are your responsibility to troubleshoot and maintain. OneSource,like most other communications companies,bills for services one month in advance. Your first bill has charges from the day you were connected until the date printed on the top of the bill. It also includes the next full month of service. Applicable installation charges will also be reflected on this bill. Millennium Telcom,LLC dba OneSource Communications—Golden Triangle Library 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. CSLAQ Yte e Streiffert Assistant Director, IT Solutions Department OFFICIAL RECORD CITY SECRETARY FT WORTH,TA