HomeMy WebLinkAboutContract 53106 pM12 :
CITY SECRETARY s
CONTRACT NO.. 5310 b
E—'L:IVED
NOV 22 2010
C'CITYSEC RELEASE AND SETTLEMENT AGREEMENT
This document is a Release and Settlement Agreement (Agreement) between AT&T
Corp. (AT&T) and City of Fort Worth (CUSTOMER)(each of which is a Party and both
of which together are the Parties).
BACKGROUND
CUSTOMER subscribes to AT&T service under Account Number 817 A02-0003 634
(the Account);
CUSTOMER disputes the billing and payment of charges on the Account from April
14, 2017 to October 2, 2017 (the Dispute); and
AT&T and CUSTOMER now wish to resolve the Dispute.
AGREEMENT
The Parties agree as follows:
1. AT&T Credit
Within two (2) bill cycles after the Parties have signed this Agreement, AT&T will
credit the Account $ 109,093.80 plus any applicable taxes and regulatory surcharges, in
full settlement of the Dispute.
2. Release
Subject to AT&T's meeting its obligations in Section 1 above, CUSTOMER knowingly
and voluntarily releases AT&T from any further liability or claim regarding the Dispute.
CUSTOMER acknowledges that this Agreement expressly gives up every right
CUSTOMER has regarding the Dispute, other than the right to enforce this Agreement.
3. Entire Agreement
This Agreement is the Parties' complete agreement regarding the Dispute's resolution.
There are no other agreements or promises not stated in this Agreement. This Agreement
supersedes the Parties' prior negotiations.
4. Ownership of Claim
Each Party represents that it owns the claims asserted here and hal
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
transferred those claims to anyone else.
5. No Admission of Liability
The Parties enter into this Agreement to resolve the Dispute. Neither Party admits
liability for claims the other Party has asserted.
6. Legal Counsel
Each Party acknowledges that it had the opportunity to consult an attorney. Before the
Party executed this Agreement, the Party's attorney, if any, reviewed the Agreement and
made any desired changes or recommendations.
7. Applicable Law
If this Agreement requires interpretation according to established law legal principles,
the Parties agree to interpret this Agreement in accordance with New York law in effect on
the date by which both Parties signed the Agreement.
8. Enforcement of Agreement
While the Parties intend to perform their respective obligations in good faith, in the
event of a lawsuit to enforce or interpret the provisions of this Agreement the prevailing
Party may recover all its costs in prosecuting or defending the lawsuit,including reasonable
attorney fees.
9. Confidentiality
Except as applicable law or legal/accounting purposes may require, the Parties agree to
keep the terms of this Agreement confidential and will not disclose such terms to others.
10. Miscellaneous
(a) If a Party delays or fails to exercise a right under thi Agreement or fails to strictly
enforce any breach or default, that failure does not waive the other Party's obligation to
perform its obligations under this Agreement. Similarly, if a Party excuses a breach or
default on one occasion, that does not excuse the other Party from performing that
obligation in the future unless the excusing Party states that in writing.
(b)If a court rules that any provision of this Agreement s invalid or unenforceable, the
remaining provisions of the Agreement will continue in ful force.
(c) This Agreement is void unless both Parties have si ed it on or before November
15, 2019.
AT&T CORP. city of
CIL
By: Bv:
Title: V Title:UA Date:— Date: 1111fA7111
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
By: performance and reporting requirements.
Name: Kevin Gun
Title: Assistant City Manager
Date: _ // / By: r
Name: Eric Upchurch
APPROVAL RECOMMENDED: Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Ro er W
Title: Interim IT Solutions Director By:
Name: Jo . S ng
ATTEST: Title: As istant City A rney
CONTRACT AUTHORIZATION:
M&C: NA
By: _- s 'w Date Approved:NA
Name: ME4 J. K T
Title: City Secre ; . "form 1295 Certification No.:NA
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX