HomeMy WebLinkAboutContract 60002ONE OUREE CSC No. 60002
C O M M U N I CAT I ON 5
TWO YEAR COMMERCIAL TERM AGREEMENT
This Commercial Term Agreement ("Agreement's is made as of June 9, 2023, between Citv of Fort Worth (Golden
Triangle Librarv, PetSmart) ("Customer") and Millennium Telcom, LLC dba OneSource Communications (" OneSource'�.
I. SERVICES, RATES, TERMS AND CONDITIONS
® Telephone Service ® Internet Service ❑ Cable TV Service
(Check all applicable boxes)
Installation Fees: See Attachment A
Monthly Recurring and other Charges: See Attachment A
Terms and Conditions: See Attachment(s)
II. TERM
The term for this Agreement shall commence on June 9, 2023, and shall terminate June 8, 2025. 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 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.
*In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments
due hereunder, City will notify OneSource of such occurrence and the Agreement shall terminate on the last
day of the fiscal period for which appropriations were received without penalty or expense to the City of any
kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been
appropriated.
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 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 MAJEURE
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 they have 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 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.
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
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.
*City is a government entity under the laws of the State of Texas and all documents held or maintained by
the City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement
requires that City maintain records in violation of the Act, City hereby objects to such provisions and such
provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a
request for information marked Confidential or Proprietary, the City shall promptly notify OneSource. It will be
the responsibility of OneSource to submit reasons objecting to disclosure. A determination on whether such
reasons are sufficient will not be decided by the City, but by the Office of the Attorney General of the State of
Texas or by a court of competent jurisdiction.
*Right to Audit. OneSource agrees that City shall, until the expiration of three (3) years after final payment
under the Agreement, have access to and the right to examine any directly pertinent books, documents,
papers, and records of OneSource involving transactions relating to the Agreement. OneSource agrees that
the City shall have access during normal working hours to all necessary Vendor facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The city shall give OneSource reasonable advance notice of intended audits.
Customer:
Authorized i
Signature Valerie Washington (Aug 28, 2023 21:38 CDT)
Name Valerie Washington
Address
Date
Telephone Aug 28, 2023
OneSource Communications:
Authorized
Signature
Name Bryagi Davis
Title EVP
Date 8/1 /2023
817-745-3000
Telephone
[Executed effective as of the date signed by the Assistant City Manager above.] / [ACCEPTED
AND AGREED:]
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
/
Name:
Kevin Gunn
Title:
Director, IT Solutions
Approved as to Form and Legality
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L `Z)74-
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: n/a
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.
By: BobbyL , 202314:13 CDT)
Name: Bobby Lee
Title: Sr. IT Solutions Manager
City Secretary: �eo' ! .foRTp°do
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By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ONE REE
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Your Business
Connected
4800 Keller Hicks Rd
Fort Worth TX 76244-9843
817-745-2000
817-745-2029- Fax
Attachment A
Proposal for
City of Fort Worth - Golden Triangle Library, Petsmart
Date Prepared: "12023
Service Address:
Bilbgg Address:
Account Contact:
TAX ID#:
Item
Telephone Service
Business Edge Phone line
includes choice offeaftxas and xmi naited long distance
Phwme line (basic)
Non-publishedNunmber
Installation Discount with Two -Year Agreement
End user line charge
Municipal Franchise Fee
9-1-1 Fee
Telephone Total
Internet Service
100M 1 100M Fiber Internet
Static 1P
Discowits with Two -Year Agreement
State Sales Tax
city Sales Tax
Cost Per
Month
Quantity' (CRN )
❑ $29.95
Internet Total
Total Before Taxes & Fees
Total Proposed Cost
NOTE: Pricing and discounts are available with a signed two-year term agreement-
2 $24.50
1 $2.00
2
2 $525
2 $4.59
2 $1.75
2 $69.99
0 $11.00
2 ($10.00)
Iotai
installation Installation
CPNI
Cost Total
$0.00
$0.00
$49.00
$0.00
$2.00
s❑.00
$10.50
$9.18
$3.50
$74.18
$0.00
$139.99
$❑.❑0
{$20.00]
$0.00
$0.00
$11998
$181AS
S194.16
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00