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HomeMy WebLinkAboutResolution - 2024-R0335 - Contract 18160, With Vexus Fiber Internet Services - 07/23/2024Resolution No. 2024-R0335 Item No. 6.20 July 23, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City o l' Lubbock is hereby authorized and directed to execute for and on behalf of the City of Liihhock, Service Contract No. 18160 for a three (3) year agreement for business internet scr\ ices and upgrades, by and between the City of Lubbock and NTS Communications dba Vemis Fiber, and related documents. Said Contract is attached hereto and incorporated in this resoltitioi: as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Jul 23 2024 ARK MC RA 4R, MAYOR ATTEST: - (A Al-, - Courtney Paz, City Secretary APPROVED AS TO CONTENT: u C Brooke Witcher, Assistant City Manager APPROVED AS TO RM: itche 1 Sa irs - ssistant City Attorney ccdocs 1URF..S.Contract-Vexes Fiber June 18, 2024 Resolution No. 2024-R0335 Contract 18160 NY E X US BUSINESS SERVICE ORDER BUSINESS: CITY OF LUBBOCK (CITIZEN TOWER) CONTACT: JERRID SANDERS Phone: (806) 775-2396 Fed Tax ID: 75-6000590 PHYSICAL ADDRESS BILLING ADDRESS CONTRACT TERM 1314 AVENUE K PO BOX 2000 36 month(s) LUBBOCK TX 79401 LUBBOCK TX 79457 Date: 06/04/2024 Quote M OPP-046678 SALES REP Felix Hernandez (806)412-0606 felix.hemandez2@vexusfiber.com ew Line i)escrition N P (Existinvsg Qty Sales Price Install Fees . Zlonthl4-11 Cha" 'Data Fiber Internet 5000M Citizens Tower IOOOM upgrade to 5000M Upgrade 1 S 349.95 $0.00 $349.95 Elite Internet Citizens Tower Fiber Elite Internet (IOG) New l S 1.500.00 $0.00 $1,800.0o Installation Citizens "bower IOG installation New 1 S500.00 S500.00 $0.00 Fiber Internet 5000M Civic Center Upgrade from I OOOM to 50001v9 Upgrade 1 5349.95 $0.00 $349.95 Fiber Internet 5000M East Patrol Station MI-11, 500OM/5000M [New 1 $349.95 SO.00 $349.95 Installation East Patrol Installation New 1 $90.00 S90.00 $0.00 Fiber Internet 5000M North Patrol Station Erskine 500OM/5000M New 1 $349.95 SO.00 $349.95 Installation North Patrol Installation New 1 $90.00 S90.00 $0.00 Fiber Internet 5000M Patrol Station South- Indiana 5000M/5000M New 1 $349.95 SO.00 $349.95 Installation South Patrol Installation New 1 $90.00 S90.00 $0,00 *Pricing subject to approval after internal review* Total: 1 $ 770.00 S 3,549.75 Special Instructions: TIPS Contract 240303 Telephone and Communications Data Systems and Solutions Promotional Offer Details: Directory Listing Information - Address: Directory Listing: YP Heading: Listing: SIC Code: Phone: YPH Code: You agree and understand that prices do not include taxes, Coo or surcharges, which may include government imposed fees and taxes, government program fees (such as 911, LNP, TRS and universal service),and non -governmental fees and charges (such as the Broadcast TV surcharge and other programming cost recovery fees, subscriber line charges, line Cecs, access charges and carrier service fees and will vary depending upon your scrvicc location and the services to which you subscribe. The laxes,fecs and surcharges may be changed at any time. During Elie initial term, your quoted VRC for Intemet and Phone services will not change. Video scrvicc prices arc subject to annual increases. (Initials) Sales Rep: Felix Hernandez 6/04/2024 1/6 VEXUS BUSINESS SERVICE ORDER BUSINESS: Garden & Arts Center LBK CONTACT: Jerrid Sanders Phone: 8067673724 Fed Tax ID: PHYSICAL ADDRESS BILLING ADDRE. 4 CONTRACT TERM 4215 University Ave 4215 University Ave 36 month(s) Lubbock TX 79413 Lubbock TX 79413 Date: 06/20/2024 Quote #: OPP-049634 SALES REP Felix Hernandez (806) 412-0606 felix.hemandez2@vexusfiber.com New vs Qt3 Sales Install-- Existing Price Fees 11. _ Data Fiber Internet 5000M Fiber Internet 5000M New I S349.94; S0.00 $349.95 Installation ELAN Installation New I S9(1.0O $9o.00 $0.00 *Pricing subject to approval after internal review* Total: S 90.00 $ 349.95 Special Instructions: TIPS Contract 240303 Telephone and Communications Data Systems and Solutions Promotional Offer Details: Directory Listing Information - Address: Directory Listing: YP Heading: Listing: SIC Code: Phone: YPH Code: You agree and understand that prices do not include taxes, reel or surcharges, which may include government imposed fees and taxes, government program fees (such as 911, LNP, TRS and universal scrvice),and non -governmental fees and charges (such a< ilic BMMIi:ist TV surcharge and other programming cost recovery fees, subscriber line charges, line fees, access charges and carrier service fees and will vary depending upon your service location and the services tip , hich you subscribe. The taxes,fees and surcharges may be changed at any time. During the initial temr, y quoted WV-1V11-itia1s)_ Internet and Phone services will not change. Video service prices are subject to �innual increases. Sales Rep: Felix Hemandez 6/20/2024 2/6 VEXUS VEXUS BUSINESS CUSTOMER AGREEMENT This VEXUS Business Customer Agreement (the "Agreement") sets forth the terms and conditions under which VEXUS FIBER, LLC will provide to Customer the services (the "Service" or "Services") indicated in this Agreement as shown in the attached summary of services or other similar document or work order form ("Service Order"). We sometimes refer to the Customer as "you" or "your", and we refer to the affiliate of Vexus Fiber, LLC that owns and/or operates the broadband system in your area pursuant to a franchise with the state or local franchising authority and/or the affiliate that provides phone service in your area as "VEXUS", "we", "us", or "our". The Services will be provided to you by the VEXUS company that operates in your service area. 1. Subscription to Services. By signing or electronically submitting this Agreement to VEXUS, Customer subscribes to the Services identified on the Service Order. The Service Order shall become binding on the parties when (i) it is specifically accepted by VEXUS either electronically or in writing, (ii) VEXUS begins providing the Services described in the Service Order, or (iii) VEXUS begins installation for delivery of the Services described in the Service Order, whichever is earlier; provided, however, the parties agree and acknowledge that the binding effect of the Service Order and this Agreement is contingent upon VEXUS' engineering review to determine the serviceability of the premises. If VEXUS determines that the premises do not meet its serviceability requirements, the Service Order and this Agreement shall be of no further force or effect_ When a Service Order becomes effective, it shall be deemed part of, and shall be subject to this Agreement. 2. Terms and Conditions of Service. Customer's use of the VEXUS Services is specifically subject to this Agreement, and Customer's agreement to: (i) the Terms and Conditions of Retail Customer Sales Agreement located at https://www.vexusfiber.com (the "General Terms"), which may be modified by VEXUS from time to time in accordance with the General Terns and applicable law, and which are incorporated herein by reference and made a part of this Agreement; and (ii) use the Services strictly in accordance with any operating, privacy and/or use policies, and applicable service guides, located at http ://www.vexusfiber.com or otherwise communicated to you, specifically including any acceptable use policy (the "Service Policies"), which Service Policies may be modified by VEXUS from time to time, and which Service Policies are incorporated herein by reference and made a part of this Agreement; and (iii) applicable VEXUS Tariffs (the "Agreement Documents"). The Agreement Documents are available for review at httl2s://www.vexusfiber.com, and are specifically incorporated by this reference. Any new terns or policies adopted by VEXUS, or any modifications to the existing ter:_:, �:iid or policies will, subject to any notice provisions of the General Terns and Applicable Law, become effecti% e ..1,on :)(-:ti-.g a new version of the document on the VEXUS Web site at htWs://www.vexusfiber.com (or any successor url( i Accordingly, customers and users of the VEXUS Services should regularly visit our web site and review these terrr>> and policies to ensure that their activities conform to the most recent version. Notwithstanding the foregoing, if V t XUS makes a change to the terms and policies that applies to Customer and is material and adverse to Customer, Customer has thirty (30) days following notice of the change to terminate the Agreement without the imposition of early termination charges. Customer's continued receipt of services shall be deemed acceptance of any such change. If VEXUS agrees not to apply the changed Terms to you, the Agreement is not subject to early tennination. In the event of inconsistency among these documents, precedence will be as follows: (1) any jointly executed amendment or addendum to this Agreement ("Addendum"), (2) this Customer Agreement, (3) the General Terms (4) the Service Policies, and (5) the Tariffs. 3. Pricing. During the initial term of the Agreement, your quoted monthly recurring charge for Internet and phone services will not change. Video service prices are subject to annual increases. Other prices are subject to change. Prices and price guarantees do not include taxes, fees or surcharges, including but not limited to government unposed fees and taxes, government program fees (such as 911, TRS and universal service), and non"govermnental fees (such as subscriber line charges, line fees, access charges, carrier service fees and broadcast TV fee, sports surcharge and other programming cost recovery surcharges) and will apply and vary depending upon your service location and the services to which subscribe. Not all taxes, fees and charges apply to all services. The taxes, fees and surcharges may be changed at an% time. 4. PHONE SERVICE E911 NO l ICE. In some of our service areas, we offer interconnected voice over IP (VoIP) phone services, which may include Hosted VoIP services. Our VoIP phone services have certain limitations Sales Rep: Felix Hernandez 6/04/2024 .3/6 VEXUS and restrictions that do not generally apply to traditional circuit switched phone services. IF YOU ARE SUBSCRIBING TO VEXUS' VOIP PHONE SERVICE, YOU ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THE FOLLOWING E911 NOTICE: VEXUS' VOIP PHONE SERVICE ALLOWS YOU TO ACCESS E911 SERVICES. YOU WILL NOT BE ABLE TO ACCESS E911, HOWEVER: (I) IN THE EVENT OF A POWER OUTAGE BEYOND THE DURATION OF ANY BACK-UP POWER SOURCES. VEXUS MAY PROVIDE A BATTERY BACK-UP WHICH WILL PROVIDE POWER TO THE VEXUS MODEM FOR A LIMITED PERIOD OF TIME IN THE EVENT OF A POWER OUTAGE. BATTERY BACKUP IS NOT GUARANTEED, AND DOES NOT SUPPLY POWER TO THE PHONE ITSELF. YOU SHOULD NOTIFY VEXUS IMMEDIATELY IF THE BATTERY IS LOW, EXHAUSTED OR INOPERABLE. IF VEXUS DOES NOT PROVIDE A MODEM OR BACKUP BATTERY POWER FOR VEXUS SERVICES UTILIZING A TELEPHONE CABLE MODEM, YOU MUST PROVIDE IT AND IT WILL REMAIN YOUR RESPONSIBILITY IN ALL RESPECTS; (II) IN THE EVENT OF A NETWORK OUTAGE; OR (III) DURING PERIODS WHEN YOUR BROADBAND CONNECTION IS UNAVAILABLE. YOU SHOULD NEVER MOVE THE LOCATION OF YOUR VEXUS PROVIDED ADVANCED MODEM OR PHONE EQUIPMENT WITHOUT NOTIFYING US. THE ADDRESS ASSOCIATED WITH AN E911 CALL IS THE AUTHORIZED ADDRESS WHERE VEXUS SERVICE WAS ORIGINALLY PROVIDED. IF YOU MOVE THE ADVANCED MODEM OR OTHER VEXUS PHONE EQUIPMENT FROM THE ORIGINAL SERVICE LOCATION, A CALL TO E911 USING THAT EQUIPMENT WILL STILL IDENTIFY THE ORIGINAL SERVICE LOCATION. YOU ARE AWARE THAT THERE MAY BE A DELAY OF AT 1, F.AST ONE BUSINESS DAY AFTER INSTALLATION OF SERVICE FOR E911 SERVICE AVAILABILI f'Y. YOU AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, VEXUS SHALL HAVE NO LABILITY FOR ANY DAMAGES CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR INABILITY TO ACCESS THE SERVICES, INCLUDING E911 SERVICES. S. CPNI Approval. Customer has a right, and we have a duty, under federal law, to protect the confidentiality of customer proprietary network information (CPNI). CPNI includes inforniw ion such as the quantity, technical configuration, type, destination, location and amount of use of a teleco:.nminications service. We desire to use your CPNI (or disclose or permit access to our agents and affiliates that provide conununications related services) to market communications related services (such as Internet and cable services) to you. IF YOU APPROVE, YOU DO NOT HAVE TO TAKE ANY ACTION. HOWEVER, YOU DO HAVE THE RIGHT TO RESTRICT OUR USE OF YOUR CPNI. You may deny or withdraw our right to use your CPNI at any time by calling us at 1-888-969-4249. If we do not hear from you within 30 days of this notification, we will assume that you approve our use of CPNI for the purpose of providing you with information a:lout other communications -related services. Denial of approval will not affect the provision of any services to which you subscribe. Approval or denial of approval for use of CPNI outside of the service to which you subscribe is valid until you affirmatively revoke or limit your approval or denial. 6. Porting of Telephone Numbers. Until your telephone number is ported to us, your existing local exchange carrier will be responsible for providing access to emergency services such as 911. You agree that, during this porting process, we assume no responsibility and have no liability for the accuracy of the local exchange carrier records or its ability to provide access to 911 services. 7. Telephone Authorization and New Telephone Numbers. To complete a phone order, you must execute a Letter of Agency ("LOA") and submit it to VEXUS, or otherwise complete a third -party verification process. New Telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until after the install is complete. 8. Directory Listings. Our liability for any errors or omissions in any directory listings (including liability for failing to publish a listing or publishing an "unlisted" listing) is limited to the amounts paid by you to VEXUS for the listing service. 9. Term and Termination; Early Termination Fee. The term of this Agreement is specified in the Service Order and is subject to automatic renewal in accordance with the General Terms. If VEXUS terminates this Agreement for cause or Customer terminates this Agreement without caul:% C'ti�torner shall pay early termination charges. If such termination is prior to installation of Service and after execution of this Agreement, early Sales Rep: Felix I-Iemandez 6.ol U?.-- 4/6 N%EXUS termination charges shall be the reasonable expenses and costs incurred by VEXUS through the date of tennination including but not limited to any third -party costs incurred by VEXUS, direct labor and materials. If such termination is after activation of Service, Customer, in addition to any unpaid sums owed for Services provided, will pay an early termination charge equal to seventy-five percent (75%) of its average monthly billing for all Services for the last twelve (12) months (or the number of months for which Customer has received Services from VEXUS, if less than twelve (12) months) purchased from VEXUS multiplied by the number of months remaining in the applicable Term of this Agreement, plus any other related reasonable expenses of VEXUS including, but not necessarily limited to, construction and installation costs, discounts or credits or competitive contract buyout charges. Customer agrees that VEXUS' damages for early termination would be difficult to determine and the termination charges specified herein constitute liquidated damages and are not a penalty. 10. Access to Premises and Installation of System. Customer grants VEXUS the rights to install, inspect, replace, repair, relocate, alter, operate, remove and maintain its equipment (the "System") in, under and upon the premises at the designated service location(s). Customer, at no cost to VEXUS, shall secure and maintain all necessary rights of access to the service location(s) for VEXUS to install, operate and remove its equipment and provide the Services. VEXUS in its discretion may use any existing cable, conduit or other facilities located within the premises. Customer shall pay any agreed upon custom installation fee. If VEXUS' access rights to the service location are terminated or restricted, early termination fees will apply. 11. Limitation of Liability, Warranty Disclaimers, Pricing, Indemnification and Arbitration. You acknowledge that the applicable General Terns and Service Policies wntain. Simon,_, other terms and conditions, limitation of liability, warranty disclaimer, pricing, indemnification and ai)1i, �iilon prc%°i-iur,s. 12. Commercial Use Restrictions on Video. Customer shall not, and shall not authorize or permit any other person to: order or request pay -per -view, VOD or premium programming for recci�it, exhibition or taping in a commercial establishment, nor may Customer exhibit or assist in exhibiting pay-per-view, VOD or premium programming in a commercial establishment, unless expressly authorized in writi:i;< io do so, in advance, by both VEXUS and our program provider. Customer shall indemnify and hold VEXUS harnless against and from any violation of this provision. 13. Miscellaneous. All modifications to this Agreement, if any, must be in writing, executed by an authorized VEXUS Vice President and the Customer. All other attempts to modify this Agreement shall be void and non -binding on VEXUS. This Agreement shall be governed by and construed in accordance with federal law, the regulations of the FCC and the internal laws of the state and locality in which the service is provided, without regard to any conflicts of law provisions. Customer may not assign or otherwise transfer this Agreement in any manner without VEXUS' prior written consent. The parties acknowledge that VEXUS is subject to the provisions of its local and/or state franchise agreements, and applicable federal, state and local laws and regulations ("Applicable Law"). Any duty or promise of VEXUS under this Agreement that conflicts with any provision of Applicable Law is to that extent void. Notwithstanding, the terms of this Agreement are considered severable, and in the event that any term is rendered unenforceable due to any such conflict or is otherwise found to be invalid or unenforceable, the parties shall replace the invalid or unenforceable portion with another provision that, as nearly as possible, reflects the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement to be effective on the latest date that either party signed this Agreement, as shown below. VEXUS INTERNETABL5,AND PHONE Signature. Date: 6 Print Name: Felix Hernandez Title: Business Account Manager CUSTO R Signature: Print Name: Mark McBrayer Title: Mayor Date: July 23. 2024 Tax 1D #: 75-6000590 Service Address: 1314 AVENUE K LUBBOCK TX 79401 Phone: (906) 775-2396 Sales Rep: Felix Hernandez 6/04/2024 4/5 VEXUS CUSTOMER ACKNOWLEDGEMENT: By signing, I rep.writ, warrant and acknowledge that: (i) I am at least l8 years of age and the owner of or ternnt in the premises at the service location(s) identified in the Service Order and have authority to audiorize [lie work or smicc specified in, and to be bound by, the Service Order and this Agrcemcm: tii I VEXUS may contact meal the phone number above (or such other phone number or email address provided by me to VEXUS, which ratty include autodialed calls, pre-recorded or artificial voice messages, and nubile service commercial email messages: (iii) V EXUS manages its Internet Network according to specific Practices and Procedures, «hick cmi he found at lutps:/iwwsv.vezusf beccont; (iv) die Agreement is subject in automatic renewal and early ier miontion fees; and (v) I have rear. understand and agree io the contractual terms and notices set forth in the Agreement Documents including those relating to the PHONE SERVICE E911 NOTICE. PIN # 3030 _ VEXUS requires that you create a 4-digit PIN that will be required when you request changes to your VEXUS Business account. You agree that you are responsible for the security, confidentiality and use of your PIN and shall immediately notify VEXUS if there has been an unauthorized release. use or compromise of any such PIN. If you share your PIN with employees, agents or others that interact with VEXUS on your behalf and that representative is no longer authorized to make changes on your behalf, it will be your responsibility to immediately contact VEXUS and change the PIN. VEXUS is not liable for any loss, cost, expense or other liability arising out of any unauthorized access to a service or Customer account by use of Customers PIN. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. W BOCK ayer, Mayor ATTEST: AA\ Courtney Paz, City Secretary AP ROVED Al TO CONTENT: cam ---- lames rown, Direeto nation Technology APPROVED TO F R i*------.� Mi ch Sa 1 e, ant City Attorney CONTRACTOR BY:( __1 /—Z. zc� A t orize Repres ntative Print Name ( IS �p ZQ9 Address .4 4L4' Tr City, State, Zip Code Sales Rep: relix Hcrnandcz 6/04i'_0?4 5/5