HomeMy WebLinkAboutRes 2021-01-849 GCEC Telecom AgreementCITY OF ANNA, TEXAS
RESOLUTION NO. AQa() '
A RESOLUTION OF THE CITY OF ANNA, TEXAS AWARDING A CONTRACT TO GCEC
GRAYSON COLLIN ELECTRIC COOPERATIVE AUTHORIZING THE CITY MANAGER TO
SIGN THE INTER -LOCAL AGREEMENT
WHEREAS, the City of Anna, Texas has previously approved a contract with GCEC in 2019;
and;
WHEREAS, the amended contract and prices include improvements to internet services for
the City of Anna; and;
WHEREAS, the Information Technology Department followed proper purchasing procedures;
and;
WHEREAS, GCEC Grayson Collin County Electric Cooperative is a qualified contractor and
provided the necessary quotes; and;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT.
Section 1. Recitals Incorporated.
The City Council of the City of Anna awards the contract for internet service upgrades for the
terms detailed therein providing for the following:
A. Internet Service Upgrades of $4,160.00 per month / $49,920.00 per year.
B. Once time setup charge of $4,000.00.
Section 2. Authorization.
Authorize the City Manager to execute the contract.
Section 3. Approval of Resolution.
This Resolution shall be effective immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26th day of
January, 2021.
ATTESTED:
ke, May
RES. `6 L� � PAGE 1 OF 1
Grayson Collini"
co.,........ r oncr o n.
Grayson Collin Communications
because Service !vial leis!
To: City of Anna
Waste Treatment Plant
1400 Roadrunner Rd
Anna, TX 75409
Salesperson Sales Engineer
- - -- - -
Steve Mills
Description
Installation of Fiber one time fee
Dale: 12-1 II-2018
Quote # 12182018
Expiration Date: 01-18-2018
Payment Terms Due Date
Due Monthly Upon Installation
Circuit can be installed 2nd week of February 2019
lOM6 x 1 OMB Internet service Monthly
60 Month Contract
Unit Price
fE�
This is a quotation on the goods and services named, subJ to iha condllbns Holed below:
)Describe any conditions pertaining to these prices and a a onal terms of the agreement.
You maywanl to include conlingoncles that will affect the Cation.
To accept [his quotation, sign here and return:
Thank you for your business!
800.00
125.00
Sales Tax
Total Montly
Line Total
PO Box 71 Van Alstyne, TX 75495 903-482-7000 903-482-7007 I:brownCigraysoncollin.net
800,00
125.00
Applicable State
and Federal Taxes
Grayson Coilin Communications
8ecouse Service Mattersi
To: City of Anna
804 E. Pecan Grove Rd.
Sherman, TX 75090
Acct # i 67600
Salesperson _
j Steve Mills
1
1
1
1
2
Sales
Date: O1-28 2019
Quote #01282019
Expiration Date: 02-01-2019
�yment Terms
Monthly
100 Meg Public Works 3223 N Powell
100 Meg Fire Station 305 S. Powell
100 Meg w PRI & 100 DID's City Hall 101 S Powell
ISDN PRI B-Channels/ D-Channel Included
ISDN PRI Loop
ISDN PRI Interface
ISDN AP
DID i st 100#
,10-10 Meg 3223 N Powell
Basic Business Line/Fac(S)
60 Month Term Start Date 02.O1-19
Does Not Include Applicable Taxes
TMs (s o quolalion on the goods and ser
(Describe any condillons pertaining to it
You moywanl to Include conlingencias
To accept Ihls quolalbn, sign here and
Thank you for your business!
Due Daie
Unii Price _
$^ 896,67
$ 896.67
$ 1,373.34
125.00
30.00
896, 67
896.67
1,373.34
125.00
60.00
Subtotal $ 3,351.68
Sales Tax Applicable State
and Federal Taxes
otal Mon11yl $ 3,351.68
PO box 71 Van Alslyne, TX 75495 903-48?.-7000 903-482-7Q07 kbrown�� graysoncoliin.net
MASTER SERVICE AGREEMENT
GCC QUOTE it 4IIIIIIIIIIIIIO01262019
This MASTER SERVICE AGREEMENT (the "AGREEMENT") is made this 1st day of_February 2018 between Grayson Collin
Communications , Inc., the Service Provider (GCC) and _City of Anna the purchaser executing the Service Order (the "Purchaser")
WHEREAS, GCC provides communications services which Purchaser desires to
purchase as set forth herein.
Now, therefore, it Is agreed as follows:
1 During the Tarm of this Agreement GCC will provide Purchaserwllh the specific
services Identified on the Service Order attached. Terms & Conditions outlined in
attached Service Order apply to this Agreement, but this Agreement shall control to
the extent of any conflict in terms.
2 The Term of this Agreement shall be as set forth In the Service Order attached
and shall extend thereafter until terminated by either party upon at least
60 days prior written notice. However, GCC may terminate this Agreement or
suspend services hereunder at any time upon (a) any failure of Purchaser to pay
any undisputed amounts as provided in this Agreement; (b) any breach by
Purchaser of any material provision of this Agreement continuing for 30 days after
receipt of notice thereof; (c) any Insolvency, bankruptcy, assignment for the benefit
of creditors, appointment of a trustee or receiver or similar event with respect to
Purchaser, or (d) any governmental prohibition or required alteration of the services
to be provided hereunder or any violation by Purchaser of an applicable law, rule or
regulation.
Any termination shall not relieve Purchaser of its obligation to pay any charges
Incurred prior to termination. The parties' rights and obligations which by their
nature would extend beyond the termination, cancellation or expiration of this
Agreement shall survive such termination, cancellation or expiration.
3 During the Term, Purchaser shall pay GCC for the services as set forth in the
Service Order. GCC shall not increase pricing during the Initial Term, but thereafter
GCC may increase pricing upon 30 days prior written notice. Normal service
charges shall be Invoiced monthly in advance. All amounts owed by Purchaser
shall be paid within 16 days after the date of invoice and GCC reserves the right to
charge penalties on late payments In the amount of 5% of previous unpaid balance
due. Prices do not include taxes and related charges (however designated) and all
taxes, fees and governmental charges Imposed on the provided services shall be
paid by Purchaser in addition to any other amounts owing. Such amounts will be
listed separately on Purchaser's monthly invoice.
4 GCC may substitute, change or rearrange any equipment, facility or system used
In providing services at any time and from time to time, but shall not thereby alter
the technical parameters of the services provided hereunder.
5 GCC will grant a credit allowance for service interruption calculated and credited
In one -hour Increments. A service interruption will be deemed to have occurred only
if service becomes unusable to Purchaser as a result of failure of GCC's facllity,
equipment or personnel used to provide the service in question, and only where the
interruption Is not the result of (a) the negligence or acts of Purchaser or its agents;
(b) the failure or malfunction of non-GCC,equipmenl or systems; (c) circumstances
or causes beyond the control of GCC; or (d) a service interruption caused by
service maintenance, alteration or Implementation. In the event that service
Interruptions, for which a credit allowance may be granted under this Paragraph 5
(a) result in the granting of at least $3,000 In cumulative service credits during any
continuous 12-month period; or (b) result in the circuit not being available for four
(4) hours within a 24-hour period on four (4) separate days within a twelve (12)
month period, Purchaser may, upon thirty (30) days written notice to GCC,
terminate this Agreement without penally. The foregoing states Purchaser's sole
remedy for service Interruption which shall Include, without limitation, loss of data.
6 As used in this Agreement, the term ,"GCC Group" shall mean (a) GCC; (b) any
third parties providing facilities or equipment used by GCC, In furtherance of GCC's
provision of services to Purchaser (c) any aNiliates of GCC or such third parties;
and (d) any director, officer, agent, servant, employee, Independent contractor, or
supplier of GCC, any such third parties, or any such affiliates. EXCEPT TO THE
LIMITED EXTENT PROVIDED FOR ABOVE IN PARAGRAPH 5, IN NO EVENT
SHALL GCC GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES, ARISING OUT
OF OR RELATED TO ANY SERVICES, EQUIPMENT, FACILITIES OR SYSTEMS
PROVIDED OR UTILIZED UNDER THIS AGREEMENT (INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES FOR LOSS OF DATA OR INTERRUPTION OF
DATA TRANSMISSION), AND PURCHASER HEREBY RELEASES AND WAIVES
ANY CLAIMS OR DEMANDS IT MAY HAVE AGAINST GCC GROUP, FOR OR
WITH RESPECT TO ANY SUCH DAMAGES. PURCHASER FURTHER AGREES
THAT ANY OTHER LIMITATION OF LIABILITY OR PROTECTION TO WHICH
GCC MAY BE ENTITLED, ARISING OUT OF THIS AGREEMENT OR SERVICES
PERFORMED HEREUNDER, SHALL FULLY APPLY TO AND BENEFIT GCC
GROUP, IN THE SAME MANNER AND TO THE SAME EXTENT SUCH
PROVISIONS OR PROTECTION APPLY TO AND BENEFIT GCC.THERE ARE
NO WARRANTIES, REPRESENTATIONS OR AGREEMENTS EXPRESSED OR
IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
THOSE EXPRESSLY SET FORTH HEREIN.
7 In the event chat Purchaser cancels or terminates service at any time during the
Initiat Term of this Agreement or any renewal thereof for any reason whatsoever
other thpn a service interruption (as defined in Paragraph 5 above), Purchaser
agrees to pay to GCC all sums due and owing under this Agreement
and payable in accordance with Paragraph 3 above (which shall include without
Ilmilation service charges for any remaining months in the term) within 30 days of
termination.
6. Purchaser is responsible for all Non -Recurring and Recurring Charges on and
after the Purchaser desjrededue date (the, "Duebate") in the event that Purchaser
refuses to accept service on and aftdF the Dub bale, Purchaser agrees to still be
responsible for the Recurring Charges until such time as service is accepted when
Purchaser shall pay the Non -Recurring Charges,
9 In the event that Purchaser requests additional circuit engineering or changes
equipment specifications, configurationq or'servlCp,patameters; premises locations,
or any material provision of the Service Order, Purchaser shall be charged an
additional administrative fee at least equal to 6% of the original Non -Recurring
Charge in addition to all costs, fees and expenses reasonably Incurred In
connection therewith.
10 Neither party shalt be liable for any delay or fa(Itrre in performance of any part of
this Agreement to fire extent such delay or failure is caused by fire, flood, explosion,
accident, war, strike, embargo, governmental requirement, civil or military authority,
acts of God, inability to secure materials, labor or transportation upon reasonable
commercial terms, acts or omission of common carriers or warehousemen, or any
other causes beyond their reasonable control. Any such delay or failure shall
suspend the Agreement until such force majeure ceases, and the Term shall be
extended by the length of the suspension.
11 Neither party may assign this Agreement without the written consent of the other
party, except that GCC may assign its rights and/or obligations hereunder (a) to
any subsidiary, parent company or affiliate of GCC; (b) pursuant to any sale or
transfer of substantially all of the assets of GCC; or (c) pursuant to any financing,
merger or reorganization of GCC.
12. This Agreement, and the Service Order attached, set forth the full
agreement of the parties with respect to the subject matter hereof and supersede
any prior agreement or understanding, whether written or oral. If any provision
hereof is held by a court to
be invalid, void or unenforceable, the remainder of this Agreement shall
nevertheless remain unimpaired and in effect No term or condition of this
Agreement shall be modified or amended except in writing signed by an
authorized representative of both parties; however, one or more additional Service
Orders may be subject to the terms and conditions of this Agreement,
MSA page 1
13. No license, Joint venture or partnership, express or implied, Is granted by GCC
pursuant to this Agreement.
14. Each party agrees to maintain in strict confidence all plans, designs, drawings,
lmde secrets, and other proprietary information of otherparty, which is disclosed
pursuant to this Agreement, subject to any required disclosure under applicable
law.
15 if this Agreement is
entered into by
more than
one Purchaser, each is jointly
and severally liable for
all agreements,
covenants
and obligations herein.
is his Agreement shall be governed by the laws of the State of Texas without
regard to Its choice of law provisions. In any action between the parties to enforce
any provisions of this Agreement, the prevailing party shall be entitled to
recover its legal fees and court costs from the non -prevailing party In addition to
whatever other relief a court may award. Venue over any dispute arising out of this
Agreement shall be in a court of competent jurisdiction in Collin County, Texas.
17 GCC Group verifies that it does not boycott Israel and will not boycott Israel
during the term of this Agreement.
18 It is recognized that customers may experience a temporary but measurable
reduction in services they are using due to circumstances beyond their control.
Should Purchaser experience en economic or force majeure situation before the
Initial term of this Agreement is complete, Purchaser may Initiate discussions with
GCC to establish a Temporary Alternative Agreement ("TAA") adjusting the
parameters of the term and capacity ordered per the original Agreement. GCC shall
have 30 days to respond to such a request. The arameters of the original
Agreement will not be altered, nor shall the TAA ome permanent. The TAA is
determined on an individual case bests and rgy n luck to the original terms and
wndittons at the conclusion of such T,
Customer initials;
City of
Notice Address:
P.O. Box 776
Anna, TX 75409
GraysonCollpn Communications
(GCC)ni /
Name: �t y
Title:
Date:
Notice Address:
P.O. Box 2119
Van Alstyne, TX 75495
1f��l.�y�Qntrn Q,� t�c�ili]ull�i"
communtsntlons
Customer:
City of Anna
101 S Powell Pkwy
Anna, TX 75409
Atin; Kevin Johnson/Greg Peters
Uo 1 11,('
Date: 12-17-2020
Quote 41: 0212172020
Expiration Date: 12-31-2020
Main Service Address:
*** Multi Location ***
Add To Master Service Agreement # 01282019
Salesperson MSA Number Payment Terms Account Tel tl
Steve Mills — 1 _1 Monthly 1 972-924-3325
qly Description
NRC tv1RC
DARK FIBER
1 Public Works Fiber Swing and Programming
$
1,000.00
I Waste Water Fiber Swing & Programming
$
1,000.00
Leasing of Dark Fiber f4 Strands of Fiber)
$
1,20D.00
Public Works to City Hall, Waste Water to City Hall
120 Month Contract Term
INTERNET
I l GB Interbnet Fiber Loop Active E
$
3,105.00
City Hali,Public Works & Fire Includes IPADR16 Static 1P
84 Month Contract Tenn
1 INTERNET
Public works secondary circuit 10 x 10 MB
$
1,000.00
$
100.00
Fire Department Secondary Circuit I00X100MB
$
1,000.00
$
400.00
84 Month Contract Term
PHONE LINES
I ISDN PRI B-ChannelsJD-Channel Included
ISDN PRI Loop, ISDN PRI Interface, ISDN AP, DID 1 si 100
$
498.87
2 Basic Business Line/Fac(S)
$
60.00
B4 Month Contract Term
$
4,000.00
$
5,363.87
Applicable State
Term Discount
and Federal Taxes
-1,203.87
$
4,000.00
4,160.00
ThtslsacluololiononThegoods and servkesnamed, s bte li )hecq dlllonsnoledbelov/.,TOTAL
loescdbe onycondllions porlolning io lhese prices and on a • dilign'al terms of Theogreemenl. (ExclUdeS any Taxes &Fees)
YoumoysvonlToIncludeconlingenclesih l�liacl g Id(fon.)
To accep) ihls quololion, sign here and[ turn: �Dole:
Grayson Coloncommunlcollons Dole:
Tease note: This quote will replace qu le led 02-01-2019. Billing on this quote will begin 08-01-2021
Thank you for your business]
Addendum (addition) to Master Seivice Agreement # 0128
"Non -Appropriation. In the event Customer does not approp
at any time during the term, Customer shall have the right to
Agreement on the last day of the fiscal period for which appr
received without penalty or expense to Customer."
Title: �� k-r s `,
�3
Date: _„ laua
9 Dated 02-01-2019
sufficient funds
iinate this
tions were
Grayson Collin Communications (GCC)
By:
Name: `
Notice Address: '1�� �,k�ul)ejt0t(��Lq Q
Customer Notice Address V o , UO-ri Title: l �V
City, State Zip Avult't "n •-1,61�oc1