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CM-10-09-173ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing a Service Agreement for Internet Upgrade at the Library with Time Warner Cable Business Class. 9/3/10 Department: Library Project Manager: Dale Ricklefs Item Summary: A Service Agreement with Time Warner Cable Business to install High Speed Internet (HSD) for the Library. Time Warner has provided free internet for over 10 years. However, the uses of the internet, and the size of files downloaded, have skyrocketed over 10 years. This service provides improved service to the internet as well as the library's catalog used in the library, which has a 45-60 minute page load time. Strategic Plan Relevance: Cost: $2429.35 Source of Funds: Round Rock Public Library -General Fund, Account # 5477-100-20008 REV. 3/8/10 Time Warner Cable Information Time Warner Cable Inc. Street: 750 Canyon Drive City: Coppell State: ix Zip Code: 75019 Contact: Brian Beresford Telephone: 972 830 3905 Facsimile: Customer Information Customer Name (Exact Legal Name): City of Round Rock — City Hall Billing Address: 221 E Main St Billing Contact Name: Authorized Contact Name: Heath Douglas Suite: City: Round Rock Phone: Phone: (512) 218-5400 Federal ID No: State: TX Zip Code: 78664 E-mail: E-mail: e TIME WARNER CABLE Business Class Service Agreement This Time Warner Cable Business Class Service Agreement ("Service Agreement") in addition to the Time Warner Cable Business Class Terms and Conditions ("Terms and Conditions") and any Time Warner Cable Business Class Service Orders (each, a "Service Order"), constitute the Master Agreement by and between customer identified below ("Customer) and Time Warner Cable ("TWC" or "Operator") and is effective as of the date last signed below. Agreement THIS SERVICE AGREEMENT HEREBY INCORPORATES BY REFERENCE THE TERMS AND CONDITIONS (AVAILABLE AT WWW.TWCBC.COM/LEGAL), A COPY OF WHICH WILL BE PROVIDED TO CUSTOMER UPON REQUEST. BY EXECUTING THIS SERVICE AGREEMENT BELOW, CUSTOMER ACKNOWLEDGES THAT: (1) CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS, INCLUDING SECTION 21 THEREOF, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE DISPUTES RELATING TO THE TIME WARNER CABLE BUSINESS CLASS SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY. By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Electronic Signature Disclosure Autho i t�;► ".! nature for Time Warner Cable Inc. Name (printe n _ Title: Evores-p-r; se_ k Date: PJe resCo rr.Q 1-l3-10 •r i 1 4f ,% � � 7 Authorized Signature for Customer Na inted): MusE Title: eJTY M itR i k Date: _ �V 9-.3 /U le TIME WARNER CABLE Business Class Account Executive: Brian Beresford Phone: 972 830 3905 Cell Phone: Fax: Email: brian.beresford@twcable.com Business Class Customer Service Order Customer Information City of Round Rock — Business Name City Hall Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # Billing Address Account Number 221 E Main St Round Rock TX 78664 Billing Contact Billing Contact Phone Billing Contact Email Address Authorized Contact Authorized Contact Phone Authorized Contact Email Address Heath Douglas (512) 218-5400 Technical Contact Technical Contact Phone Technical Contact Email Address Internet and Video Order Information For 216 E Main St Round Rock TX 78664 Service Type High Speed Internet (HSD) Customer Requested Due Date Monthly Recurring Charge At 216 E Main St Round Rock TX 78664 Description TWCBC 10x1 Mb 'Total *Prices do not include taxes and fees. 1 Quantity 1 Monthly Sales Price Recurring Total Contract Term $189.95 l $189.95 $ 189.95 12 Months One Time Charge At 216 E Main St Round Rock TX 78664 Description Install Primary Overhead Drop Total Quantity Sales Price 1 *Prices do not include taxes and fees. $149.95 I Total $149.95 $ 149.95 Page 1 of 2 TIME WARNER CABLE Business Class Special Terms The services, products, prices and terms identified on this Service Order constitute Time Warner Cable's offer to provide such services on such terms. Until Customer has accepted this offer by signing as appropriate below, Time Warner Cable reserves the right to rescind this offer at any time, at its sole discretion. The Agreement shall be renewable for successive terms unless at least thirty (30) days prior to the expiration of the then - current term, either party notifies the other party of such party's intent not to renew this Agreement. Agreement term and corresponding monthly billing will commence on actual service installation date. Agreement locks in rate for the Time Warner Cable Business Class services for term of contract. Cable television and Work -at-home services are subject to annual price change. Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authors - • Signa r= for Time Warner Cable Orr, a Ge e s 6.r eik f113.n 52 Printed Name and Title 1- /3 (O Date Signed Page 2 of 2 Printed Na" and Title Date Signed