Loading...
HomeMy WebLinkAboutResolution - 2013-R0228 - Contract - Cequel Communications LLC - Non Wireless Internet Access - 07/23/2013Resolution N0. 2013—RO228 July 23, 2013 Item No. 5.4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock. Contract No. 11179 for internet access via non -wireless connection, by and between the City of Lubbock and Cequel Communications, LLC dba Suddenlink Communications, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on _ ATTEST: Rcb ca Garza, City Secretary APPROVED AS TO CONTENT: '__� 4 'wj Mark earw od. Assi tant City Manager Chief Information Officer APPROVED AS TO FORM: j r Chad Weaver, Assistant City Attorney vwxcdocsi RES.Contract-Suddenl ink June 25, 2013 suddeo- link Resolution No. 2013—RO228 Commercial Service Order & Agreement v3.1 12.10.2012 Account Rep Tracy Edwards System Address Suddenlink Business Office Phone Number 806 771-6049 8220 Orlando Ave Fax Number 314 315-814S Lubbock TX 79423 Customer Information Taxes and Fees Not Included Authorized Customer Re resentative Account Number Quantity Unit Price Full Name Mark Yearwood Legal Company Name CITY OF LUBBOCK Telephone 806 775-2000 Street Address 916 TEXAS AVE Fax City/State/Zip LUBBOCK TX 79401 Email Address myearwood@cl.lubbock.tx.us Billing Address 916 TEXAS AVE Federal Tax ID ******5906 City/State/Zlp LUBBOCK TX 79401 Requested Delivery Date: $2,700.00 $2,500.00 If Bar or Restaurant account, notate occupancy 1-50. 51-100. 101-150. 151-200. 201-300. 301-500. 501+ -oowmoao ano u ioao s eeos are maximum eeos iney may vary ano are not quaranteec EEquipmerit Char aes Description Quantity nit Price Total Fee For phone & PRI customers: A) change my local and my Intrastate and Interstate long distance services provider to Suddenllnk Communications B) Unless outbound International calling is authorized by Initialing of this provision, no International call may be completed by this/these numbers until such time that customer authorizes International calls to be allowed. (initial here) Special Conditions for point to point and multipoint services include the addresses of all circuit termination locations The exhibits are attached hereto and Incorporated herein by reference. Exhibit A, Best and Final, Exhibit B, Insurance Requirements, Exhibit C, Non -Arbitration and Audit Clause. Suddenllnk is not offering BGP on this contract based on City requirements but has the ability to support BGP should the City wish to Implement it in the future. Promotion Details NOTICE REGARDING 911 SERVICES While your Suddenllnk Phone Service may be supported by a battery backup, It is electrically powered. In the event of a power outage or Suddenllnk network failure, 911 service will not be available. You are prohibited from moving the phone modem from the address where It was Installed. If you move the phone modem, the 911 service may not function properly and emergency operators will not be able to identify the caller's location. By signing this Agreement; (1) you represent that you are the Customer or Customer's authorized agent; (11) you agree that you have received a copy of and have been given an opportunity to review this Commercial Service Order and the Commercial Service Agreement, of which this Service Order is a part; (iii) you agree to the terms and conditions of the Commercial Service Agreement; (Iv) you acknowledge that you have read and understood the Notice Regarding 911 Services above; (v) you agree that all work by Suddenllnk or Suddenllnk's agent has been performed to your satisfaction as set forth herein; and (vi) you acknowledge that THIS BUSINESS SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement shall not be deemed eff ctive until it haebeen executed by both parties. Final proposed prices In this Agreement are valid for 30 business days from the date below of the Suddenllnk sign ce m for the term of this Agreement when signed below by the Customer and by Suddenllnk. July 23, 2013 Cust ed Date len ert on Mayor P e Title c�/as/ao� 3 Ceglu ommunicatlons, LLC dba Suddenllnk Communication , Date on behalf of its affiliates providing services hereunder ("Suddenllnk'o k�E lam, I I&I-_ VIP c Sjcs Print Name Title ATP 4 0,9 -C -d -4 Rebecca)Garza, City Secretary APPROVED AS T=ONTENT: Mark Yea ood, Qef Info mation Officer and Assistant City Manager APPRPVED j *iO FORM: Chad Weaver, Assistant City Attorney Taxes and Fees Not Included Service Description Quantity Unit Price Term Months Monthly Recurring (video rates subject to no more than 10% annual One Time Activation increases & Setup Fees Optical Internet 100Mb s Single location Single Ent 1 $2,700.00 60 Months $2,700.00 PLUS check If Applicable: NetSecure Service (Addendum attached) including _ (number) Nodes Totals $2,700.00 $2,500.00 -oowmoao ano u ioao s eeos are maximum eeos iney may vary ano are not quaranteec EEquipmerit Char aes Description Quantity nit Price Total Fee For phone & PRI customers: A) change my local and my Intrastate and Interstate long distance services provider to Suddenllnk Communications B) Unless outbound International calling is authorized by Initialing of this provision, no International call may be completed by this/these numbers until such time that customer authorizes International calls to be allowed. (initial here) Special Conditions for point to point and multipoint services include the addresses of all circuit termination locations The exhibits are attached hereto and Incorporated herein by reference. Exhibit A, Best and Final, Exhibit B, Insurance Requirements, Exhibit C, Non -Arbitration and Audit Clause. Suddenllnk is not offering BGP on this contract based on City requirements but has the ability to support BGP should the City wish to Implement it in the future. Promotion Details NOTICE REGARDING 911 SERVICES While your Suddenllnk Phone Service may be supported by a battery backup, It is electrically powered. In the event of a power outage or Suddenllnk network failure, 911 service will not be available. You are prohibited from moving the phone modem from the address where It was Installed. If you move the phone modem, the 911 service may not function properly and emergency operators will not be able to identify the caller's location. By signing this Agreement; (1) you represent that you are the Customer or Customer's authorized agent; (11) you agree that you have received a copy of and have been given an opportunity to review this Commercial Service Order and the Commercial Service Agreement, of which this Service Order is a part; (iii) you agree to the terms and conditions of the Commercial Service Agreement; (Iv) you acknowledge that you have read and understood the Notice Regarding 911 Services above; (v) you agree that all work by Suddenllnk or Suddenllnk's agent has been performed to your satisfaction as set forth herein; and (vi) you acknowledge that THIS BUSINESS SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement shall not be deemed eff ctive until it haebeen executed by both parties. Final proposed prices In this Agreement are valid for 30 business days from the date below of the Suddenllnk sign ce m for the term of this Agreement when signed below by the Customer and by Suddenllnk. July 23, 2013 Cust ed Date len ert on Mayor P e Title c�/as/ao� 3 Ceglu ommunicatlons, LLC dba Suddenllnk Communication , Date on behalf of its affiliates providing services hereunder ("Suddenllnk'o k�E lam, I I&I-_ VIP c Sjcs Print Name Title ATP 4 0,9 -C -d -4 Rebecca)Garza, City Secretary APPROVED AS T=ONTENT: Mark Yea ood, Qef Info mation Officer and Assistant City Manager APPRPVED j *iO FORM: Chad Weaver, Assistant City Attorney Commercial Service Agreement TERMS OF SERVICE APPLICABLE TO ANY AND ALL SERVICE(S): Customer, identified in the Service Order (defined in paragraph 1 below), understands and agrees that this Commercial Service Agreement, together with the Annex and any applicable tariff, (collectively, the "Agreement") applies to each and every communication service provided to Customer by Suddenllnk Communications and any affiliate of Suddenllnk Communications that to the extent such affiliate provides Services to you under this Agreement ("Suddenllnk") ("Service(s)"), which may include, without limitation, cable television service ("Video Service"), high speed data service ("High Speed Internet Service"), voice service ("Phone Service") and related equipment ("Equipment"). This Commercial Service Agreement, along with the Annex, each as may be updated from time to time, can be found on our website at www.suddenlink.com. 1. Agreement. This Agreement shall be effective upon execution by the parties, and Services shall be provided for the Term (as defined in Section 5 below). Customer agrees to be bound to this Agreement by: (1) executing a copy of the Commercial Service Order presented to Customer at the time of Installation ("Service Order"), (11) ordering a Service, or (111) using one or more Services at Customer's location. Suddenllnk may, in Its sole discretion, change, modify, add or remove portions of this Agreement at any time by giving Customer notice In accordance with this Agreement. Customer's continued use of the Services following such notice shall be deemed as Customer's acceptance to any revision In this Agreement. If Customer does not agree to the revised Agreement, Customer must Immediately notify Suddenllnk of Customer's Intent to terminate Service and return all Equipment. 2. Services and Use. Suddenllnk shall use reasonable efforts to make the Services available by any requested service date. Suddenlink shall not be liable for any damages whatsoever resulting from delays In meeting any service dates due to delays resulting from construction or for reasons beyond Its control. The parties acknowledge and agree that, except for Web hosting, If applicable, and as otherwise set forth In the Commercial Services Order, Customer may only use the Services for Its own commercial purposes and not that of any third party, and Customer shall not resell the Services. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer's web hosting customers, If any. Unless otherwise expressly set forth In the Commercial Service Order, Customer acknowledges that pay per view events and premium video and audio services may not be available, and, if provided, may be subject to additional charges beyond the base rate. Suddenlink shall provide Customer with the Services and Equipment identified on Customer's Commercial Service Order; provided, however, if Suddenllnk determines that Customer's location Is not serviceable under Suddenlink's normal installation guidelines, Suddenlink may terminate this Agreement. Unless provided otherwise herein, Suddenlink shall use reasonable efforts to maintain the Services In accordance with applicable performance standards, however, Suddenlink shall have no responsibility for the maintenance or repair of networks, facilities and equipment not furnished by Suddenllnk. 3. Distribution System and Inside Wiring "Distribution System" shall mean (1) all distribution plant and associated electronics, equipment and wiring installed or provided by Suddenllnk or its predecessors which is necessary to distribute Services throughout the premises, but specifically excluding Inside Wiring defined below, and (2) all equipment furnished by Suddenlink at the premises. The installation of the Distribution System and Inside Wiring by Suddenllnk will meet all applicable FCC specifications and will be Installed In a good, workmanlike manner. Ownership of the Distribution System shall at all times be and remain In Suddenllnk and shall be used exclusively by Suddenllnk operations. Upon expiration or termination of this Agreement, Suddenllnk shall continue to own and control the entire Distribution System. Upon termination of this Agreement and If Suddenllnk Is no longer providing Services to the premises, Suddenllnk has the option to remove all or any portion of the Distribution System, provided that any damage to the premises caused by removal of the Distribution System will be repaired by Suddenllnk to Customer's reasonable satisfaction. Any part of the Distribution System remaining on the premises shall become the sole property of Customer. "Inside Wiring" shall mean that wiring located within the property. Ownership of the Inside Wiring shall at all times be and remain In Customer. Customer shall be responsible for the repair and maintenance of the Inside Wiring, In a good, workmanlike manner in accordance with all applicable codes, regulations, or laws. 4. Payment. Customer shall pay all monthly service charges, plus non- recurring, one-time set-up, Installation and/or construction charges as set forth on the Commercial Service Order. Unless stated otherwise on the Commercial Service Order, Monthly Recurring Charges/Access Charges ("MRCS") for Services shall begin upon, and Non Recurring Charge/One-time Activation and Set-up Fees ("NRCS") If any shall be due upon, the commencement of Services. Any amount not received by the due date will be subject to additional fees as set forth below. If applicable to the Service, Customer shall pay sales, use, gross receipts, excise, access, universal service fund assessments, 911 fees, franchise fees, bypass or other local, state and Federal taxes, broadcast surcharges or other charges Imposed on the use of the Services. Taxes will be separately stated on the Customer's Invoice. Unpaid balances shall be subject to Interest or late charges at the maximum rate allowed by law. Failure to pay the total balance when due may be grounds for Suddenlink to impose an adminlstrative fee ("Administrative Fee") In accordance with applicable law. Any Administrative Fee Imposed on Customer Is intended to be a reasonable advance estimate of costs of managing past due accounts. Suddenlink does not extend credit to Suddenlink's customers and the Administrative Fee Is not Interest, a credit service charge or a finance charge. Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service upon written notice to Customer if Customer has failed to correct such non-payment default within ten (10) days of written notice from Suddenlink, removal of Equipment from Customer's premises and/or imposition of an Administrative fee in accordance with applicable law. 5. Additional Fees. In addition to MRCs, NRCs, late charges, Interest, and any Administrative Fee, additional fees may be Imposed, including fees for returned checks, charge card chargeback, early termination, reconnection and service calls. Additional charges, including attorney fees, may also be imposed If collection activities are required to recover past due balances. A list of fees Is available on Suddenlink's website (www.suddenlink.com) ("Schedule of Fees"). Suddenlink reserves the right to amend or change the Schedule of Fees from time to time by posting the changes on Suddenlink's website. 6. Term, Early Termination. The term of the Service Order shall commence on the date that any Service commences and shall terminate upon the expiration or earlier termination of the term set forth on the Service Order (the "Term'J. If a Service Order does not specify a term, the Term shall be one (1) year from the date that any Service commences. Upon the expiration of the Term, each Service Order(s) shall automatically renew for successive perlods of one (1) year each ("Renewal Term(s)"), unless prior notice of non -renewal is delivered by either party to the other at least thirty (30) days before the expiration of the Service Term or the then current Renewal Term. Effective at any time after the end of the Term and from time to time therein, Suddenlink may, modify the charges for HSI and/or Video Services to reflect then -current prevailing pricing subject to thirty (30) days prior notice. Customer will have thirty (30) days from receipt of such notice to cancel the applicable Service without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified Service pricing for the remainder of the Renewal Term. If Customer cancels, terminates or downgrades the Service before the completion of the Term, or prior to the term of any promotional offer, Customer agrees to pay Suddenlink all sums, which shall become due and owing as of the effective date of the cancellation or termination, Including: (1) all non-recurring charges reasonably expended by Suddenlink to establish service to Customer and not remunerated, (i1) any disconnection, early cancellation or termination charges reasonably Incurred and paid by Suddenllnk to third parties on behalf of Customer, and (III) all recurring charges for the remaining balance of the Term or term of the promotional offer. 7. Disputed Charges. Customer must notify Suddenlink in writing of billing errors disputes or requests for credit within thirty (30) days after Customer receives the bill for which correction of an error or credit is sought. The date of the dispute shall be the date Suddenllnk receives sufficient documentation to enable Suddenlink to Investigate the dispute. The date of the resolution is the date Suddenllnk completes its investigation and notifies the Customer of the disposition of the dispute. B. Default. If Customer falls to comply with any material provision of this Agreement, Including, but not limited to failure to make payment as specified, then Suddenlink, at Its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by applicable law: (1) terminate service whereupon all sums then due and payable shall become immediately due and payable, (i1) suspend all or any part of Services, and/or (111) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity, including the applicable termination liabilities. 9. LIMITATION OF LIABILITY. EXCEPT FOR ANY REFUNDS OR CREDITS AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SUDDENLINK, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, VENDORS, CARRIER PARTNERS, CONTENT PROVIDERS AND OTHER PERSONS OR ENTITIES INVOLVED IN PROVIDING THE SERVICES OR EQUIPMENT (COLLECTIVELY, THE "SUDDENLINK PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER'S SERVICE ACCOUNT, AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMERS RELIANCE ON THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY LIABILITY THAT ARISES DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS EMERGENCY 911 OR E911 SERVICES), MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK , TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. SUDDENLINK"S MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER FOR THE RESPECTIVE REGULAR BILLING PERIOD. 10. WARRANTIES. CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, NON -INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND SUDDENLINK DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. SUDDENLINK MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY USER'S USE OF THE SERVICES. THE SUDDENLINK PARTIES MAKE NO WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE SUDDENLINK PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA SUDDENLINK'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER'S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT THE SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS. 11. Indemnity. Intentionally Deleted. 12. Miscellaneous. The Agreement constitutes the entire agreement between Suddenlink and Customer for the Services and equipment provided herein. The Invalidity or unenforceabllity of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. This Agreement may be modified, waived or amended only by a written instrument signed by the parties; provided however, that Suddenlink may modify this Agreement and the AUP and if Customer continues to use the Service, Customer shall be bound by such modifications. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either party to exercise one or more rights provided In this Agreement shall not be deemed a waiver of the right to exercise such right In the future. Notices required by this Agreement shall be In writing and shall be delivered either by personal delivery or by mall. If delivered by mail, notices shall be sent by any overnight mall service with proof of receipt; or by certified or registered mall, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. Suddenlink may also deliver any required or desired notice hereunder to Customer by contacting the telephone number on Customer's account. All representations, warranties, Indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Suddenlink rights and the rights of others). 13. Reaulatory Authority -Force Maieure. This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure Is caused by acts of God, natural disasters including fire, Flood, or winds, civil or military action, Including riots, civil insurrections or acts of terrorists or the taking of property by condemnation. Suddenlink may, In Its sole discretion, Immediately terminate this Agreement, In whole or In part, In the event there Is a material change In any law, rule, regulation, Force Majeure event, or judgment of any court or government agency, and that change affects Suddenllnk's ability to perform Its obligations under this Agreement. 14. ARBITRATION. Intentionally Deleted. 15. Assignment. Customer may not assign, In whole or In part, this Agreement without the prior written consent of Suddenlink, which consent may be withheld In Suddenlink's discretion. Suddenlink may assign, In whole or In part, this Agreement, and Service may be provided by one or more legally authorized Suddenlink affiliates. ® Page 2 Internet Access Via Non -Wireless Connection CITY OF LUBBOCK, TEXAS RFP 13 -11179 -DT BEST AND FINAL OFFER PRICING SHEET Using existing single connection Using Existing Equipment at Municipal Square, 916 Texas Avenue EXHIBIT A May 14, 2013 Speed with existing entry/equipment Monthly rice for 60 month tern 10 Mb s $620.00 20 Mb s $1,135.00 30 Mb s $1,550.00 40 Mb s $1,880.00 50 Mb s $2,135.00 60 Mb s $2,325.00 70 Mb s $2,460.00 80 Mb s $2,540.00 90 Mb s $2,600.00 100 Mb s $2,700.00 One-time Installation fee of $2,500.00 Date: Authorized Signature: Print/Type Name: Title: , 8 „, 2 / 5g- leJ ��� EXHIBIT B INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Type Worker's Compensation or Occupational Medical and Disability Employers Liability Commercial General Liability per Occurrence Endorsements - General Aggregate - Products/Op AGG - Personal & Adv. Injury - Contractual Liability Amount $500,000 Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent. Automobile Liability Combined single limit for bodily injury and of $300,000 per a. Any Auto occurrence or its equivalent The City of Lubbock shall be named as additional insured on auto/general liability on a primary and non-contributory basis with a waiver of subrogation in favor of the City on all coverage's and include products of completed operations endorsement. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. Copies of all endorsements are required. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 13`h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. EXHIBIT C A. Non -Arbitration The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. B. The City Right to Audit At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor.