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HomeMy WebLinkAboutContract 56785 DocuSign Envelope ID: 1 BE82C72-E568-46D8-83AD-12D2421 B7B75 CSC No.56785 DIR-CTS-CSA- E11-861 6 0 Department of Information Resources Communications Technology Services Division Service Agreement This Service Agreement is between the Department of Information Resources/ Communications Technology Services Division (DIR/CTS) and the Customer, It is the intent of the parties to comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act and/or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter 2170, Telecommunication Services, Section 2170.004 , Texas Government Code as applicable. I. Eligibility Certification 1.1 By checking a box below, Customer certifies it meets eligibility requirements defined in the provisions of the Codes or Acts described above. Customer must check one box to indicate the entity type. Please use the Tab key or mouse pointer to move between boxes. ❑ Texas State Agency ❑ House of the Legislature ❑ Legislative Agency ❑ An agency that is not a state agency as defined by Section 2151.002 (fill in authorizing Statute or Code if not already listed above): ® Political Subdivision, including a county, municipality, or district ❑ Private institution of higher education accredited by a recognized accrediting agency, as defined by Section 61.003, Education Code, that: (A) engages in distance teaming, as defined by Section 57.021, Utilities Code; and (B) receives federal funds for distance learning initiatives ❑ Assistance Organization defined in Section 2175.001, Texas Government Code (Note: Assistance Organizations are required to provide proof of tax exemption as described in Customer Responsibilities,below). II. DIR/CTS Responsibilities 2.1 DIR/CTS agrees to provide Customer with connectivity through various transmission methods to the TEX-AN network for specific communications services including,but not limited to, video, voice, routed data, Internet and/or equipment(hereinafter "services"). 2.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of the services. OFFICIAL RECORD CTS Service Agreement v.1.0 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: 1BE82C72-E568-46D8-83AD-12D2421B7B75 DIR-CTS-CSA- E11-861 2.3 DIR/CTS will bill monthly for services, as required and respond to inquiries regarding Customer's bill. DIR/CTS shall commence billing for services as they are provisioned. III. Customer Responsibilities 3.1 For Assistance organizations defined in Section 2175.001, Texas Government Code, the Customer shall provide all applicable local, state and federal tax exemption certificates to DIR prior to or at the time it orders services. The Customer shall be responsible to pay for all taxes as they may appear on a bill in the event the Customer does not provide applicable tax exemption certificates to DIR. 3.2 Customer shall comply with the DIR rules applicable to the Communications Technology Services Division, 1 TAC Chapter 207, as the same may be amended from time to time. 3.3 Customer has the responsibility to cooperate and coordinate with DIR/CTS 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 manner; the type of service desired and provide DIR/CTS with information 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 DIR/CTS 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 DIR/CTS in the delivery of ordered services, is not a condition of Force Maj eure. 3.4 Payments will be made in full within 30 days of notification that the TEX-AN invoice is available for retrieval from DWCTS's secured website. Customer represents that it possesses sufficient current revenues to satisfy the timely payment of goods and services provided by DIR/CTS hereunder. In all events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered and received up through the effective date of termination of services. Customer agrees it has no rights to set off against bills received from DIR/CTS. Customer's covenant to pay survives termination of this Service Agreement. 3.5 Customer is exclusively responsible 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 pay all charges, which may result from toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any claim it may have now or in the future against DIR/CTS for the payment of charges arising from toll fraud or other unauthorized use on its premise equipment. 3.6 Customer is a qualified entity to receive goods and services from DIR/CTS For Assistance Organizations defined in Section 2175.001, Texas Government Code it is the exclusive responsibility of Customer to maintain its eligibility status with the Comptroller of Public Accounts. Services will terminate without liability to DIR/CTS should Customer's eligibility status change during the term of this Service Agreement. CTS Service Agreement v.1.0 Page 2 DocuSign Envelope ID: 1BE82C72-E568-46D8-83AD-12D2421B7B75 DIR-CTS-CSA- E11-861 IV. Term The term 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 herein. Please note that service terms may differ from vendor to vendor and from services to service and these terms are reflected on the services order forms. V. Billing 5.1 DIR/CTS's first month's billing for any circuits provisioned will commence on the date provisioning is completed. 5.2 DIR/CTS will cease billing circuits on the date disconnection is completed. 5.3 All other services shall be billed on a usage basis from the first date of actual service until the service is disconnected. 5.4 in compliance with Title 1, Chapter 207,Rule number 207.11,of the Texas Administrative Code: customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment Act, Chapter 2251, Texas Government Code. VT. Termination and Amendments 6.1 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(30)days prior to the Effective Date of termination. DIR/CTS may terminate any Service Agreement for cause, with an immediate Effective Date, by issuing written notice to Customer, upon failure of Customer to make timely payment of bills. In addition to termination of services, DIR/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. 6.2 A Customer 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 DIR/CTS no less than thirty (30) days prior to the Effective Date of termination. A Customer request to change a service shall not take effect until Customer provides written notice to DIR/CTS of any changes to ordered services. If DIR/CTS does not receive written notification, 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 DIR/CTS. 6.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in writing by authorized representatives of DIR/CTS and the Customer. CTS Service Agreement v.1.0 Page 3 DocuSign Envelope ID: 1BE82C72-E568-46D8-83AD-12D2421B7B75 DIR-CTS-CSA- E11-861 VII. Other Conditions of Service 7.1 Service rates are subject to change by DIR/CTS upon 30-days written notice to Customer. 7.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this Service Agreement. 7.3 If service and/or communications projects are canceled at any time prior to completion, Customer shall be responsible for all actual costs incurred by DIR/CTS up to the date of cancellation. DIR/CTS will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a project. 7.4 DIR/CTS relies on third party contractors for the fulfillment of services contracted for hereunder. Therefore, DIR/CTS makes no independent warranties or guarantees, express or implied, regarding said services. 7.5 The following terms have the meaning indicated for purposes of this Service Agreement: "Force Majeure" 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 carrier. Failure of Customer to coordinate and cooperate so as to delay DIR/CTS is not an event of Force Majeure. in the event of Force Majeure, 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 Majeure 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). VIII. Customer Service Resources Customer Service Resources may be found at http://www.dir.texas.aov/cts/Pages/cts.gmx . Inquiries regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877- 472-4848, option 4 or 512-463-7800. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CTS Service Agreement v.1.0 Page 4 DocuSign Envelope ID: 1 BE82C72-E568-46D8-83AD-12D2421 B7B75 DIR-CTS-CSA- Ell-861 Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the 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. CUSTOMER CITY OF FORT WORTH DEPARTMENT OF INFORMATION RESOURCES Signed by: BY: ValerieWa�nn�(�2,202114:34CST) BY:: F�Ocu ' 31E29F19EOA0423... NAME: Valerie Washington NAME: Wayne E eler TITLE: _Assistant City_Assistant City Manama TITLE: Director, CTS DATE: Nov 12, 2021 DATE: 12/6/2021 1 9:32 AM CST Office of General Council: M•H. il/30/2021 10:OS PM OFFICIAL RECORD CITY SECRETARY CTS Service Agreement v.1.0 FT. WORTH, TX [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: Vendor: By:Valerie was' ail,202114:34 CST) By: Name: Valerie Washington Name: Wayne Egeler Title: Assistant City Manager Title: Director,CTS Date: Nov 12,2021 Date: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: 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: -See signature below performance and reporting requirements. Name: Kevin Gunn Title: Director, IT Solutions By: _See signature below Approved as to Form and Legality: Name: Bobby Lee Title: Sr. IT Solutions Manager b�4nnan� oo(�FORA dad°°°°°° dd By: City Secretary: ��o°°° °0o p�dd Name: Taylor Paris a E-0 Title: Assistant City Attorney ,v° d ° °=c °000 O Y By: a�nEXpS��.� Contract Authorization: Name: Ronald P. Gonzales M&C: N/A Title: Acting City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Signature: ad." Signature: -- Bobby Lee(Oct 29,202116:07 CDT) Email: Bobby.Lee@fortworthtexas.gov Email: Kevin.Gunn@fortworthtexas.gov Signature: Signature: Email: taylor.paris@fortworthtexas.gov Email: Valerie.Washington@fortworthtexas.gov Signature: Email: Ronald.Gonzales@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX