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20B - AA - COMMUNICATION SRVS
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20B - AA - COMMUNICATION SRVS
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Last modified
3/2/2018 9:50:15 AM
Creation date
3/2/2018 9:48:09 AM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
20B
Date
3/6/2018
Destruction Year
2023
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ADDENDUM TO <br />TELECOMMUNICATIONS ACCOUNT AGREEMENT <br />This Addendum to Telecommunications Account Agreement ("Addendum's is made as <br />of the 201 4a of February 2018, by and between U.S. TilePacifie Corp., a California <br />corporation, d/b/a, TPx Communications, 5I5 S. Flower Street, 4501 Floor, Los Angeles, <br />CA 90071,2201("TPx") and City of Santa Ana, a California municipality, 20 Civic <br />Center Plaza, Santa Ana, CA 92701:("Customer"). <br />This Addendum amends and modifies that certain Telecommunications Account <br />Agreement between TPx and Customer signed byCustorneron the _ day of <br />20_,, (" Agreement");.:as follows: <br />I. Based on the volume of Services ordered by Customer.and the competitive' <br />conditions in the marketplace for tehecommunieations services, TPxhereby agrees to <br />Provide Services to Customer pursuant to. Terms.and Conditicns and rates` applicable to <br />the Agreement as modified below based upon Customer's commitment to a three (3) year <br />term .e Initial Torm" j subject to the Terms and Conditions as modified, by tlris Addendum <br />as Set forth Below. <br />2. Notwithstanding the provisions of suibsection (b) of Section 4 of the Terns and <br />Conditions of fhe Agreement, in the event Customerno longer needs the Services <br />covered under this Agreement at any one or more Service Locations, Customer may, <br />upon forty-five (4.5) days written noticc: to TPx, terminate Services that are not needed <br />and,.except that Customer shall pay to TPx an amount equal to the tariffed Non. <br />Recurring Charges for installation of Services to such affected Service Locations; other <br />termination charges (except for any termination charges imposed on TPx by a provider of <br />any underlying facilities) will not apply, provided thatthe total Monthly Recurring <br />Charges covered under this Agreement at any time are not reduced by more than twenty <br />percent (20"/o) below the greater of (i) the total Monthly Recurring Charges applicable to <br />the Services' installed at the commencement of this Agreement, or CHH the total Monthly <br />Recurring Charges applicable to the Services provided to Customer -in any one of the <br />then -preceding three (3) months. If the total Monthly Recurring Charges for Services <br />falls below the eighty percent (80%) level, Customer shall pay the termination charges set <br />forth in subsection (b) of Section 4 o the Terms and Conditions of the Agrcenrent; in <br />addition, Customer agrees that the:ability to reduce services no longer needed and <br />without termination charges shall not apply to any terminated services the Customer ports <br />or transfers to a different service provider, In those cases, Customer shall be responsible <br />for paying the termination charges. <br />3. During the Initial Term of the Agreement, upon Customer providing TPx a, <br />minimum forty-five (45) days advance written notice, Customer my request that TPx <br />move Services from Customer's current Service Location to a Service Location at a <br />differeat address served by TPx one (1) time at each of Customer's Service Locations <br />without incurring any non-recurring charges normally charged to Customers in <br />connection with moving said Services, however, TPx may pass through a termination <br />charge which, as a result of Customer's termination, TPx becomcs. obligated to pay to a <br />third party provider of the underlying facilities. Also,'a new Term may apply to any <br />20B-27 <br />
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