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Home My WebLink AboutContract 43513 y Y r CIVE GURCE SPC A CdMA4UNI CAT ION5 �� No@ COMMERCIAL TERM AGREEMENT This Commercial Term Agreement ("Agreement') is made as of 8/9/12 between City of Fort_ Worth ("Customer") and Millennium Telcom, LLC dba QneSource Communications ("oneSource). I. SERVICES, RATES,TERMS AND CONDITIONS E] Tellephone Service ® Internet Service ❑ Cable TV Service (Check all applicable boxes) Installation Fees: see Attachment A Monthly Recurring and other Charges: See Attachment A RD OFFICIAL Terms and Conditions: See Attachments ��ARY ,l'y SE .W OMI TEL II. TERM The term for this Agreement shall commence on 9/17 12 and shall terminate 9117114 . 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 terminate the Agreement. III. ASSIGNMENT OF AGREEMENT Customer may not assign this Agreement without the prior written consent of oneSource, which consent may be withheld in QneSource'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 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. The termination charge may be waived if, after twelve (12) months of service. Customer relocates the premises that are subject to this Agreement to a location not served by oneSource or in the event that oneSource cannot provide service to the Customer in accordance with the minimum industry services standards required by the appropriate regulatory agency within ninety(90) days of the Agreement effective date. 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. Notwithstanding the foregoing, OneSource shall be liable for any loss or damages, including personal injury or damage to property, directly caused by the negligent acts, omissions or intentional misconduct of any oneSource employee, subcontractor, agent or representative. In no event shall either party be liable for lost business or other 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, trunk, T1, PRI, and/or Internet rates corresponding with the applicable term length specified above throughout the term of the Agreement. Limitations may apply to combining this rate with other special offers. VII. FORCE MA]ELIRE Except as expressly required by law, neither party will not 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 that party. VIII. AUTHORITY TO EXECu'rE 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. SEVERABILITY If any term or provision of this Agreement is invalid, illegal or unenforceable 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. X. 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. XI. 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. XII. CONFIDENTIALITY To the extent not prohibited by applicable law, 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: OneSource mun!cations: Authorize f Authorized �, Signature M Z e---�:: Signature &I�Zalvj Name Name David Mayorga Address Title Client Business Manager Date Date 819/12 Telephone Telephone 817-745-2007 or 817-688-9729 Number A, 00a od AU*od �,Q 0 0o 0 f�lw�YW�11,1�YvnY.1r¢s�tr T.Y� APPROVED AS TO F0104 AND GALI o a CIAL REOOR 'o a 0 x0000000° AS bunt City t'tL!i,3CY S �y FT.WORTH,TX ATTACHMENT A 0111E ULJRCE 4800 Keller Hicks Rd C 0 M#A u ti I C A 7 1 0 N S Keller TX 76244 817-745-2000 Your Business 817-745-2029-Fax Connected Proposal for City of Fort Worth Date Prepared: January 4,2012 Prepared by: Service Address: 1000 Throckmorton(Fort Worth)to Alliance Town Center Billing Address: Account contact: Cost Per Month Installation Total Item Quantit y (CPM) Total CPM Costs Installation TI(Point to Point) T 1 Channel Termination 2 $108.00 $216.00 $500.00 $19000.00 T 1 Fixed Transport Fee 2 $37.50 $75.00 Discounts with 2-year agreement 1 -$75.00 -$75.00 -$500.00 -$500.00 Mileage Fee-Fixed 1 $11.20 $11.20 Mileage Fee- Per Mile 8 $16.80 $134.40 Subtotal $361.60 $500.00 Texas U S F $0.00 $0.00 Federal Excise $0.00 $0.00 State Sales Tax $0.00 $0.00 Southlake City Sales Tax $0.00 $4.00 Total $361.60 $500.00 NOTE:This auote assumes the Citv is exem t from taxes/fees.