Res 1997-092 - Laserfiche WebLink

Home Browse Search

JUN 04 1997 15:04 WILTEL 71.5 .507 4090 . _/1.5 '-114 WILTEL - NSI PURCHASE AGREEMENT This Agreement is made as of June 3,1997 between WILTEL CO:M:MUNICATIONS, LLC, a Delaware limited liability company, successor in inrerest to Williams Telecommunications Systems, Inc., 2800 Post Oak Road, Houston, Texas 77056, ("WilTel") and The CITY OF SAN MARCOS, TEXAS ("Customer"): 1) AGREE~ŒNT. WilTel will sell, deliver and install the data communications and internetWorking equipment and sublicense the associated software (together, the ;;System") listed on the WilTel Quotation Numbers 5897LG1 and 4997LG2 (collectively, the ;;Quotarion"), a copy of which is attached hereto and incorporated herem and Customer will purchase such System. The following documents, in order of precedence, comprise this Contract: (1) This Agreement; (2) Service Agreement dated June 3, 1997 (the "Service Agreement"); (3) WitTel's LAN Proposal dated April 29, 1997 (the II Proposal"). The System will be installed at the locations specified in the Proposal (the "Premises") and invoices shall be sent to the address listed below. Customer's Primary Office Address City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Contact: Ramona Brown Phone: 512/393-8115 . 2) PRICE, PAYMENT TERl'\;fS, AND SCHEDULING. The total price, including the equipment, software and installation as detailed on the Quotation. bUt nor including maintenance, IS $193,639.79, (the "Cash Price") plus all applicable taxes. No other item is included unless specifically stated in this Agreement or its attachments. CUSTOMER WILL PROVIDE EVIDENCE OF ITS TAX EXEMPT STATUS IF IT CLAIMS SUCH STATUS. Customer will pay the Cash Price plus applicable taxes according to the following schedule. Customer will pay a down payment of 25 % of the Cash Price upon the execution of this Agreement. The remaining portion of the Cash Price for the equipment and services provided at the sire(s) will be invoiced on the following milestone dates: 50% on the Delivery Date, 15% on the Installation Date, and 10% on Acceptance of the System as that term is defrned in this Agreement. Invoices shall be due upon receipt. WilTel agrees to provide Customer with invoices for the appropriate amount twelve (12) business days prior to the acruaI milestOne date. All payments will be subject to a late payment service charge of 1 1/2 % per month (or as limited by applicable law) on payments in arrears for more than thirty (30) days after invoice dare or milestOne dare, whichever is larer. Delivery Dare occurs when WilTel delivers the netWorking equipment f~r delivery to the Premises. Installation Date occurs when the equipment is connected to the network, activated and functioning substantially to provide basic service, excepting minor variances in performance of the System which do not materially impair basic service. Acceptance is defrned in subsection IICd). 3) CHANGES. Any move, addition\deletion or change ("MAC") to the System shall be made by mumal agreement through a written change order or quotation which is executed by an authorized representative of Customer and the tenTIS of this Agreement will apply to the equipment or 1