Ordinance No. 12,303ORDINANC]"NO. 12,303
AN ORDINANCE oj^ 'I -HE CITY COUNCIL OF TIE CITY OF BAY T OWN, TEXAS,
AUTHORIZING AN II TERLOCAL AGREEMENT wri-i 'ri-IE STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES/COMMUNICATIONS
TECHNOLOGY SERVICES DIVISION FOR TEX -AN COMMUNICATION SERVICES;
AUTHORIZING PAYME"N'r BY'rHE CITY OF BAY'roWN IN TH' AMOUNTOI-1'
THREE THOUSAND NINE HUNDRED EIGI-ITY-l"OUR AND NO/100 DOLLARS
($3,984.00); MAKING OTTIER PROVISIONS AND PROVIDING
FOR THE EFFE?CTIVE DA'rE'FI-11-.'REOF.
BE IT ORDAINED BY THE ary couNCIL OF THE CH .'Y CAF BAY` OWN, TEXAS.
Section 1: That the City Council oaf the City of Baytown, Texas, hereby authorizes the City
Manatlerto execute and the City Clerk to attest to an Interlocal Agreement with the State ol'Texas Departilient
of information Resotaces/Coiiiniiiiiicatioiis Technology Services Division fior 1"'EX-AN C011111111nication
services. A copy of said agreement is attached hereto, marked Exhibit "A" and made part hereof for all
intents and purposes.
Section 2: That (lie City COLIFICH Orthe City offlaytownauthorizes payment to the State oaf Texas
Department of hitbrination Resources/Corn In un ication s Technology Services Division in the anl0UIlt 01'
THREE THOUSAND NINEE HUNDRED EIGI ITY-l"'OUR AND NO/I 00 DOLLARS ($3,984,00) for "I I EX-
AN services in accordance with theagrUrnellt authorized in Section I hcreinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or an
increase in costs by FIF'I'Y 'ITIOU SAND AND NOd 00 DOLLARS ($50,000.00) or less, provided that the
arnount atIthorized in Section 2 hereof may not be increased by more than twenty five percent (25%).
Section 4: This ordinance sl!ialt take effect immediately firomapo7after its passage by the City
COLHICill oaf the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative votelbf tile City Council of the City of
Baytown this the 25"' day of July, 2013, A
M
ATTEST:
LETICIA BRYSCI
APPROVED AS TO FORM:
et k'ACIO RAMIREZ, SR., Citkjttorney
R \KarenTi1es\C'fty (.'oLijicil\Oi-ciiiiauices, 2013�.Jiii,y, 25MIR IntorlocalAgreementdoc
CARLOS, Mayor
Exhibit "A"
Agency 4
Department of Information Resources
Communications Technology Services Division
Service Agreement
'this service agreement is between the Department of Information Resources/Connnunications
Technology Sen ices Division (DIIVCTS) and the Custonier. 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 1.0, subtitle D, Chapter
2170, Telecommunication Services, Texas Government Code.
1, DIR/CTS Responsibilities
1.1 DIRJCTS 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").
1.2 DLWCTS, will assist and advise the Customer in determining the best and most economical usage of
the services.
1.3 DIR/CTS will bill monthly 17or services, as required and respond to inquiries regarding Customer's
bill. DfR/CTS shall commence billing for services as they are provisioned,
11. Customer Responsibilities
2.1 Custorrier shall comply with the DIR rules applicable to the Corninunications Technology Services
Division, I T Chapter 207, as the same may be amended from tirric to time.
2.2 Customer has the responsibility to cooperate and coordinate with DIWCI'S so as to avoid delaying
DI /CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's
responsibility to designate, in a timely manner; the types of service desired and provide DIRX"I'S with
information which may affect technical, logistical, engineering, or equipment aspects of service
delivery. The Customer is exclusively responsible for any e(jUipinent added to their premises for
connectivity to rEXAN 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
DIWCTS in the delivery of ordered services, is not a condition of lorce Majeure.
2 .1 -iade in full within '110 days of notification that the TFIX-AN invoice is available
_3 Payments will be n
for retrieval from DIR/C'FSs secured website. Customer represents that it POSSeSSeS sufficient CUITenl
revenues to satisfy the timely payment of goods and services provided by DIR/C]", S 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 oftermination of'services, Customer agrees it has no rights to
set off against bills received from DIR/CTS. CUStOrners, covenant to pay survives termination of' this
Service Agreement.
2.4 Customer is exclusively responsible for the operation and security of its premise: equipment..[ he 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
C�
frorri toll fraud or unauthorized use of its premise equipment. Customer hereby releases and waives any
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Service Agreement 20 13
claim it may have now or in the Future against DlRJCTS for the payment of charges arising from toll
fraud or other unauthorized use on its prep -iise equipment.
2.5 Customer is a qualified entity to receive goods and services from DIR/CTS. Services will terminate
without liability to Dlwurs should customer's eligibility status change during the term of this Service
AcyL, reernent.
111. 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 hereof.
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.
IV. Billing
4.1 DIPUCTS's first month's billing for any circuits provisioned will commence on the date provisioning
is completed.
4.2 D[R/CTs will cease billing circuits on the date disconnection is completed.
4.3 All other set-vices shall be billed on an usage basis from the first date of actual service until the service is
disconnected.
4.4 In compliance with Titte 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 Govermnent Code.
V, 'rei-mination and Amendments
5.1 DI /CTS, may provide notice of intent to terminate this Service Agreement for convenience by
sending as 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 F.Tfective 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 ruay 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.
5.2 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.
5.3 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.
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Service Agreement 201' :�
Vt. Other Conditions o,f. Service
6.1 Service rates are subject to change by DIRJCTS, upon 3,0-days written notice to Customer.
6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this
Service Agreement,
63 If set-vice and/or communications projects are canceled at any time prior to completion, Customer
shall be responsible for all actual costs incurred by DIR/CTS Lip to the date of cancellation. DIR/CTS
will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation ora
project.
6.4 1')IR/CTS relies on third part.), contractors for the fulfillment of services contracted for hereunde•
,
Therefore, DIR/C"FS, makes no independent warranties or guarantees, express or implied, regarding said
services.
6.5 The following terms have the i-ricaning indicated for purposes of this Service Agreement:
"Force MaJeLtre" naeans the parties' performance under this Service Agreement shall be ad ' jUsted or
stispended by mutual agreement to the extent perf"ormance is beyond the reasonable control of
the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood,
lightning, government action, act,,; of' God Or public enciny, delays or power company, local
exchange company, or other carrier. ]yailurc Of Customer to coordinate and cooperate so as to
delay DIRJCTS is not an event of Force MaJeUre. In the event of orce MaJeure, the sole and
exclusive remedy to the party suffering the delay shall be an equivalent extension ofthe 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 Im or provided at the
CListorner'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).
V11. Customer Service Resources
Customer Service Resources, may be found at litti), //\vNvw.clir.texeis.,ov /ets/[)ages/ets,,isliN , Inquiries
regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877-472-4848, option
4 or 51?- 4631 -7800
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Service Ageement 2013
C,
Custoinei� hei-ehy agrees, to the terms and conditions ql'this Service Agreement; represents that the
of
.ficial executing this Service.Agreentem is authorized it) bind the ustonier to its terms; and that
Custonier has completed all qj'its internalprocesses to make this a binding undei-laking oil the part of'
Customer.
CUSTOMER:
BY:
N A1 F':
T1'1113:
DATE:
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Service Agreement 2013
DEPARTMEN'l I OF INFORMATION
RESOURCES
BY:
NAME.- Cul Mm'sh
J'ffl- 11": C li i e f 0 perg tjRg-Qfft�
DATE:
Office of General Counscl