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CM-10-10-194ROUND ROCK, TEXAS P(RPOSE. PASSION. PROSPERITY. City Manager Approval Summary Sheet Consider executing a "End User Agreement, Wireless Telecommunications Equipment and Services, H -GAC Contract #CW05-02" with Houston -Galveston Area Council of Item Caption: Governments. Approval Date: October 1, 2010 Department: Finance Department Project Manager: Howard Baker Item Summary: This End User Agreement represents and warrants that the City of Round Rock is eligible and authorized to purchase wireless telecommunication equipment and services at a substantial discount through the Houston -Galveston Area Council of Governments. Strategic Plan Relevance: 13.0 Continue and enhance sound business, financial practices and tools. Cost: No cost associated with this agreement. Source of Funds: Please use same source as on RFA REV. 6/10/10 Ver.15-July-2010 END USER AGREEMENT WIRELESS TELECOMMUNICATIONS EQUIPMENT AND SERVICES H -GAC CONTRACT #CW05-02 THIS END USER AGREEMENT ("Agreement") is entered into this 1 day of OG'I'01002.. 20 (() ("Effectiv Date' by and between Sprint Solutions, Inc., ("Contractor"), and RL ( "End User"), under the Houston -Galveston Area Council of Governments t]rr "H -GAC") Contract for Wireless Telecommunications Equipment and Services No., CW05-02 dated June 1, 2005 ( "H -GAC Contract") to provide commercially available national, digital wireless telecommunications equipment (the "Equipment") and services (the "Service(s)") to End Users who have entered into an Interlocal Contract with H -GAC. Contractor and End User agree as follows: 1. Authority to Purchase. By signing below, the End User represents and warrants that it is eligible and authorized to purchase Equipment and Services through the H -GAC Contract. Upon execution of this Agreement, the End User shall be authorized to submit orders for the purchase of Contractor's Equipment and/or Services. 2. End User Terms and Conditions. The End User acknowledges and agrees that all orders for Equipment and Service issued by the End User pursuant to this Agreement are subject to the terms and conditions of Attachment A and Exhibit B to the H -GAC Contract. Attachment A and Exhibit B as amended are hereby incorporated by this reference into this Agreement. Any terms and conditions contained in an order or in any acknowledgment or acceptance of an order that are inconsistent with, or in addition to (except as required by law) the terms and conditions of this Agreement shall be null and void. In the event of a conflict between this Agreement and the H -GAC Contract, the terms and conditions of the H -GAC Contract shall have precedence. 3. Discount. End User will receive a2 % wireless service pricing discount for all Active Units under this Agreement (the "Discount"). If the State of Te •(u S (the "State") shall have a separate wireless services agreement with Contractor, the Discount shall not exceed the State's discount. If the Contractor shall obtain a wireless service agreement with the State after the Effective Date and the State's discount is lower than the Discount, Sprint reserves the right to adjust the Discount. 4. Term. The term for which Services shall be provided by Contractor shall commence on the Effective Date and continue for a period of 12 months from the Effective Date. Thereafter, this Agreement shall automatically renew for an additional two one-year periods unless either Party notifies the other in writing at least 30 days prior to the end of the then current 12 -month period. Notwithstanding the foregoing, in the event that the H -GAC Contract terminates for any reason or expires, and this Agreement is still in effect, this Agreement will continue pursuant to its terms for the stated duration pursuant to the terms set forth in Attachment A to the H -GAC Contract. 5. End User Information. The following is the relevant End User contact information: Name: Billing Address: C1 L1 ©T P0(Ay C -k 221 Idst /Oa1A Si , of L v\d Pock t TY -1 SL,La u Billing Contact: jq '-k Ta by -T Phone Number: S j 21 21 � •- 596 g Fax Number: 5 iL/j 215 ` -702E) Page 1 of 2 CM -(041 -lit Ver.15-July-2010 6. In order to become effective this Agreement must be executed by a duly authorized representative of End User and delivered to Sprint no later than 30 days after signing. Upon End User's execution of this Agreement, it shall be deemed accepted by Sprint without counter -signature; provided that, End User does not make any modifications, addition, supplement and/or other change(s) ("Changes") to this Agreement or to the End User Terms and Conditions. Any Changes to this Agreement or the End User Terms and Conditions by End User shall render this Agreement null and void. By: Date: 10- I Name and Title: Address: Authorized Signature damebz (please type or prinn an 1 221E skeek - 3('d Mar Page 2 of 2 `iOW