Res 1997-092 - Laserfiche WebLink

Home Browse Search

JUN 04 1997 15:07 WILTEL 713 ..)07 4090 P.0/1..) 42 WILTEL - NSI SERVICE AGREEi\1ENT This Agreement is made as of June 3, 1997 betWeen WILTEL COM1rfUNICATIONS, LLC, a Delaware limited liability company, successor in interest to Williams Telecommunications Systems, Inc., 2800 Post Oak Road, HoustOn, Texas 77056, ("WilTel") and The CITY OF SAN MARCOS, TEXAS ("Customer"): 1) SERVICE PLAN. Customer owns or leases certain data communications and internetW'orking electronic equipment and software ( collectively, the "System"). Customer orders from \VilTet the Service Plan described in this Agreement in the Service Plan Attachment, which is attached heretO I and incorporated herein. WilTel agrees to furnish such requested service for the System. The ; System and its location(s) (the "Premises") are described on Attachments I-A and I-B of the ; i Purchase Agreement between the parties dated June 3, 1997 (the "Purchase Agreement") wruch, togerher with this Service Agreement and WilTel's LAN Proposal dared April 29, 1997 (rhe "Proposal"), are the contract documerH5. Customer warrants that it is the owner of the System or that it has the authorization of the System's owner to enter into this Agreement. Customer's Primary Office Address City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Contact: Ramona Brown Phone: 512/393.8115 . 2) TER.J.\.1. The initial term of this Agreement shall be for a period of tW'elve (12) months commencing on the Acceptance Date of the System pursuant to me terms of the Purchase Agreement (the "Commencement Date"). At the conclusion of the initial term, this Agreement may be renewed for three successive one year periods thereafter by mutual consent of WilTel and Customer upon me same renns and conditions contained herein, except thar rhe Service Fee shall be annually adjusted to WilTel's then current maintenance rates. Such mutUal consent ofWilTel and Customer shall be evidenced by (i) WilTel's issuance to the Customer. not less than sixty (60) days prior to the expiration of the original tenn or of any successive renewal period. of a quotation reflecting the proposed Service Fee for the follo~ing year; (ii) WilTel's issuance to Customer, not less than thirty (30) days prior to the expiration of the original term or of any successive renewal period of a Service Fee invoice ("the Invoice") for the amount quoted; and (iii) Cusromer's payment of the invoice prior to the expiration of the then current term or renewal period. WilTel acknowledges that funds for payment of this contract are subject (Q annual appropriation by the City Council. In the event such funds are not appropriated or in the event of WilTel' s material default under this Agreement, Customer may terminate this Agreemem with thirty (30) days written notice. Either parry may terminate maintenance service at any time with respect to particular component of the System or particular geographic locations covered under this Agreement by giving the other party thirty (30) days written notice. In the event of tennination under this Section, Customer shall receive a pro-rata refund of the service fee paid, if any. 3) SERVICE FEE. Customer agrees to pay an annual plan service fee of $ 21,151. 97 i:O be paid annually in advance for maintenance of the System (the "Service Fee") plus all applicable taxes when due. CUSTOMER WILL PROVIDE EVIDENCE OF ITS TAX EXEMPT STATUS IF IT 1