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Ordinance No. 9,061ORDINANCE NO. 9061 20001214 -9. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE is CITY OF BAYTOWN TO EXECUTE AN AGREEMENT WITH GTE SOUTHWEST INCORPORATED DB /A VERIZON SOUTHWEST FOR THE CONTINUATION OF CENTRANET SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -NINE THOUSAND NINETY AND NO /100 DOLLARS ($69,090.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager of the City of Baytown to execute an agreement with GTE Southwest Incorporated d/b /a Verizon Southwest for the continuation of CentraNet Services. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to GTE Southwest Incorporated d/b /a Verizon Southwest for the continuation of CentraNet Services of the sum SIXTY -NINE THOUSAND NINETY AND NO /100 DOLLARS ($69,090.00), pursuant to the Agreement. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14'h day of December, 2000. PETE C. ALFARO, Nfayor ATTEST- G W. MITH, City Clerk APPROVED AS TO FORM: 1_�� - ACID RAMIREZ, SR., ttorney cAMyDocuments \Counci1\00 -01 \ December \GTEVerizonCentraNetServices AGREEMENT State of Texas This Agreement is entered into between GTE Southwest Incorporated d /b /a Verizon Southwest ( Verizon) in its capacity as an incumbent local exchange carrier located at 500 E. Carpenter Freeway, Irving, Texas 75062, and City of Baytown (Customer) located at 2401 Market, Baytown, Texas 77520. Verizon and the Customer are each individually referred to as "a Party" and collectively referred to as "the Parties ". In consideration of the mutual covenants and promises contained herein, the Parties hereto agree as follows: 1. Services. Verizon shall provide to Customer, CentraNet (the Service) at the rates, charges and terms set forth in this Agreement and in Attachment A, which are collectively referred to as "this Agreement." All facilities furnished by Verizon under this Agreement shall remain the property of Verizon. 2. Term. The term period shall be for three (3) years from the in- service date with one (1), 1 -year renewal option. If Customer opts to continue service after the initial 3 -year period, written notice must be provided by Customer, at least 30 days prior to the end of the initial termination date. If Customer indicates to Verizon in writing that it desires to negotiate a new contract to continue the services provided for herein, either after the 3 -year or additional 1 -year terms, this Agreement shall automatically be extended for a period not to exceed sixty (60) days from the end of the term to allow the Parties to finalize a new Agreement. Written notice must be provided by Customer at least 30 days prior to the end of the termination date. 3. Effective Date. This Agreement shall be filed with the Public Utility Commission of Texas (Commission) with Verizon's quarterly report and becomes effective upon signature of the parties. Customer acknowledges that service cannot be provided until a signed copy of the Agreement is received by the Verizon Regulatory Affairs Department in Austin, Texas. 4. In- Service Date. The in- service date shall be December 15, 2000. 5. Commission/Tariffs /Other Applicable Charges. This Agreement IS SUBJECT TO REVIEW BY THE PUBLIC UTILITY COMMISSION OF TEXAS AND shall at all times be subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its lawful jurisdiction. This Agreement is subject to applicable federal, state and local surcharges and taxes. ® This Agreement is governed by .and subject to the terms and conditions contained in applicable Verizon tariffs, including Verizon's tariff rules on late payment charges, unless 1 r7VED AST FO /2 O ICB TX -00 -01688 SHIBIT A ATl RNEY such tariffs are expressly inconsistent with the express terms of this Agreement, in which case the terms of this Agreement shall apply. A copy of Verizon's CentraNet Tariff will be provided to Customer. 6. Payment. Customer shall be responsible for payment of all. rates and charges from the in- service date of the Service notwithstanding any delay in the issuance of bills for services provided. Any back billing limitations applicable to Verizon's tariffed services do not apply to this Agreement. Payment due date will be 30 days after receipt of Customer's invoice. 7. Access. Verizon and its authorized employees and contractors shall have the right, at Customer's expense, of ingress to and egress from the Customer's premises where its facilities are installed in order to provide the Service, in accordance with Customer's reasonable security procedures. This right shall include access to reach Customer's premises and the right for Verizon to place its facilities within Customer's premises or to have access to third -party facilities. Customer shall be notified at least 24 hours prior to access - - - -- 8. Default. If Customer defaults in the payment of any amounts due hereunder, or violates any other provision of this Agreement, and if such default or violation is not cured within thirty (30) days after notice thereof from Verizon, Verizon may terminate this Agreement forthwith without any liability on the part of Verizon, and Customer shall be liable for any unpaid charges for the service incurred up to the time of the termination, plus any applicable basic termination liability charges as set forth in Attachment A. The remedies in this section for non - payment of any amounts due hereunder are in addition to any remedies available under Verizon's tariffs and may be applied at the option of Verizon. 9. Limitation of Liability. The liability of Verizon for any losses or damages arising out of the Services or this Agreement, including but not limited to defects, errors, delays, mistakes, omissions, or interruptions shall in all instances be limited to the pro rata charges to Customer for the periods during which the Service is so affected. Verizon shall in no instance be liable to Customer for any general compensatory, consequential, indirect, incidental, special or punitive damages, including but not limited to revenues or lost profits. 10. Force Maieure. Verizon 's performance under this Agreement, or any obligation hereunder, shall be excused if said performance or obligation is prevented, restricted or interfered with due to any cause(s) beyond the reasonable control of Verizon or by reason of acts of God, war, revolution, civil commotion, acts of public enemy, embargo, fire, explosion, vandalism, cut cable, inclement weather, earthquake, acts of the Government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, unavailability of facilities or equipment. Verizon shall not be liable for any delay or failure in its performance during the occurrence of such circumstances. ® 11. Notice. Any notice given or required to be given by one Party to the other pursuant to this Agreement shall be in writing and shall be served by one or more of the following P ED AS TO OR 2 ;z ICB TX -00 -01688 7 ATTORNEY ® methods: 1) by personal service, receipt of which shall be deemed to be on the date personally delivered; 2) by certified or registered Mail, or by a courier or overnight delivery service, receipt of which shall be deemed to be on the date such notice is acknowledged in writing by the receiving Party; or 3) by facsimile, receipt of which shall be deemed to be on the next Business Day (defined as a day on which the United States Mail is delivered) after transmission if sent by facsimile. The transmitting Party shall retain the facsimile transmission confirmation record. Said notice shall be sent or delivered to the Parties to their respective authorized representatives and to the addresses designated below, unless modified by giving notice pursuant to this Section: If to Customer: City of Baytown Attn: Malcolm Swinney Address: 2401 Market Street Baytown, Texas 77520 Facsimile: 2814205824 With -a- copy -to: - - -- - City of Baytown Attn: City Manager Address: 2401 Market Street Baytown, Texas 77520 Facsimile: 281 -422 -8281 If to Verizon: GTE Southwest Incorporated d /b /a Verizon Southwest Attn: General Manager- Branch Operations Address: 500 E. Carpenter Freeway Irving, Texas 75062 Facsimile: 972 - 717 -5205 With a copy to: GTE Southwest Incorporated d /b /a Verizon Southwest Attn: Legal Department Address: 500 E. Carpenter Freeway Irving, Texas 75062 Facsimile: 972 - 717 -7707 12. Modification/Waiver. Any changes or modifications to this Agreement must be in writing and executed by both Parties, and shall be subject to Commission review. The waiver of any term or condition under this Agreement by either Party is not a waiver of any other term or waiver of the same term at any other time. Any waiver must be written and signed by the Parties, subject to Commission review. 13. Assignment. Neither this Agreement nor any interest herein of Customer may be assigned, or in any manner transferred by Customer without the prior written consent of OVED AS TO FORM 3 ICB TX -00 -01688 ATTORNEY ® Verizon. Any attempted assignment or transfer in contravention of the preceding sentence shall be null and void. 14. Resale. Customer shall not under any circumstances resell the Service provided under this Agreement. 15. Captions /Headings. Section or paragraph headings contained in this Agreement or any Addendum are for reference purposes only and shall not affect the meaning or interpretation of this Agreement or any Addendum. 16. Governing Law. This Agreement shall at all times be governed by the laws of the State of Texas, excluding its choice of law rules, and by the regulations of the Commission. Parties agree that venue shall be in Harris County, Texas. 17. Entire Agreement. Except for written amendments, supplements or modifications made after the execution of this Agreement in accordance with Paragraph 13 hereof, this Agreement represents the entire agreement between the Parties regarding the subject matter of this Agreement and supersedes all prior negotiations, representations and agreements, either oral or written, or made to any employee, officer, or agent of any Party. 18. Authority. The persons signing this Agreement on behalf of the Parties represent and warrant to have the respective Party's authority to execute this Agreement. 19. Confidentiality. Customer requests that its identity be kept confidential and not publicly disclosed by Verizon or the Commission, unless required by law. GTE SOUTHWEST INCORPORATED d /b /a VERIZON SOUTHWEST CITY OF BAYTOWN By Name Title Date I C B TX -00 -01688 Name Title Date 4 MIVED AS TP FO M )/Z k PU /- ATTORNEY C ATTACHMENT A Provided Customer signs and dates this Agreement on or before March 6, 2001, Verizon shall provide the Service to Customer pursuant to the terms of this Agreement at the following rates, terms, and charges. If Customer does not proceed by signing this Agreement by the date specified, this Service offering in its entirety will be deemed to have lapsed and this Agreement withdrawn and cancelled by Verizon effective March 7, 2001. Description of Service: CentraNet Service renewal for a minimum of 540 Analog stations to a maximum of 660 Analog stations including Feature Package 3000 with a Trunking Ratio of 10:1, and Extended Area Service. No other optional features are included under this agreement. All other optional features can be purchased separately pursuant to Verizon's CentraNet Tariff. Locations -of Service: 2100 W. Baker 2511 Cedar Bayou 2442 Rolling Brook 2205 Woodlawn 1000 N. Alexander 2818 N. Alexander 607 Baker 2515 Cedar 2511 Cedar Bay 3209 Cedar Bayou 4403 Craigmont 4334 Crosby Bay 220 Defee 5200 East Road 910 E. Fayle 3030 Freeway 4723 Garth 2409 James Street 1200 Lee Drive 1520 Louisiana 307 Main 1601 W. Main 2428 W. Main 3200 N. Main 240 Market 1400 Market 1724 Market 2103 Market 2123 Market 2320 Market 2401 Market 2403 Market 2407 Market 3530 Market 1401 Massey Thompkins Road 4307 Modem 919 Northwood 1210 Park 705 Rabbit 3624 Racoon 100 Roseland Avenue 1712 Steinman 1009 W. Sterling 1300 Texas Avenue 3311 Massey Thompkins Road 1802 Tri City Broch Road 1501 Ward Mary Wilbanks Avenue 201 Wye 203 Wye 2019 Wye 705 N. Lanier 806 Nazro VED AS TO F RM 5 ATTO N ICB TX -00 -01688 0 Charges: c: A. Monthly Recurring Charges (MRC): MRC - $11.75 per station (This per- station rate applies only to the service described above.) The above charges do not include Federally mandated end user common line charges or subscriber line charges (SLC), any applicable local, state, or federal fees, taxes, surcharges or other applicable tariffed charges. To the extent applicable, any such additional charges, fees or taxes will be assessed to Customer separately over and above the charges for the Service. At this time the SLC credit is <$8.28 >. (Subject to change by Verizon.) B. Non - Recurring Charges (NRC): NRC - N/A Basic Termination Liability: If for any reason the Customer terminates or discontinues the Service prior to the expiration of the initial three (3) year term or during the 1 -year renewal term (see Section 2. Term), at the time of discontinuance or termination of service Customer shall pay to Verizon an amount equal to Twenty Five percent (25 %) of the monthly charge times the number of months remaining in the term. Any such termination liability charge is due and payable in one lump sum.within thirty (30) days of the termination or liability. ICB TX -00 -01688 APR ED AS TO FO M �' 6 ATTOR EY LJ n STATE OF TEXAS COUNTY OF AFFIDAVIT ICB NO. TX -00 -01688 1 being duly sworn, state as follows: 1. 1 am currently employed by the City of Baytown and hold the position of In that position I am responsible for telecommunications for the City of Baytown and am authorized by the City of Baytown to execute this affidavit on its behalf. 2. 1 am executing this affidavit in compliance with Texas Public Utility Commission Substantive Rule 26.211(d)(2)(D). 3. The City of Baytown has entered into a service agreement for CentraNet. 4. In ordering this service from GTE Southwest Incorporated dlbla Verizon Southwest ( "Verizon "), the City of Baytown has considered acquiring the same, equivalent, or substitutable services from a source other than Verizon. 5. Among the reasons for this decision were Cost, Maintenance, Reliability, and Technology. (Title) SUBSCRIBED AND SWORN TO BEFORE me day of 2000 My commission expires: