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HomeMy WebLinkAboutAmendment to Agreement - US Signal Company1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Ms. Sarah E. Hutson US Signal Company, LLC 201 Ionia Ave SW Grand Rapids MI 49503 PHONE 574/235-9251 FAX 574/235-9171 RE: Amendment to Agreement — Virtual Ethernet Services at 4949 W Cleveland Rd Dear Ms. Hutson: The Board of Public Works, at its meeting held on September 13, 2016, approved the above referenced amendment in the amount of $177.00 per month for three (3) years. Enclosed please find a copy of the amendment for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK TAMES A. MUELLER THERESE J. DORAU 'IOUs SIC�rNAIII. FIRST AMENDMENT TO THE US SIGNAL VIRTUAL ETHERNET SERVICES MULTISITE AGREEMENT THIS FIRST AMENDMENT to the US Signal Virtual Ethernet Services Multisite Agreement ("First Amendment") is effective this 61h day of July, 2016, between US Signal Company, L.L.C., having a place of business at 201 Ionia Ave SW, Grand Rapids, Michigan 49503 (hereinafter referred to as "US Signal"), and City of South Bend — Water Works having a place of business at 3113 Riverside Drive, South Bend, IN 46628 ("Customer"), (individually "Party" or collectively as "Parties'). RECITALS:.: < .. WHEREAS, US Signal and Customer executed a Virtual Ethernet Services Multisite Agreement (the "Agreement") dated October 26, 20,j,.,5.,and„US Signal and Customer desire to amend the Agreement to reflect the service offerirlg,,,gif telecommunications services from US Signal to Customer. NOW, THEREFORE, in consideration of the promises and the mutual agreements contained herein, the Parties agree as follows: WHEREAS, capitalized terms not elsewhere defined in this First Amendment shall have the meaning ascribed to them in the Agreement. NOW, THEREFORE, in consideration of the promises and the mutual agreements contained herein, the Parties agree as follows: 1. The following new service location shall be added to the Agreement: Service Location Port CIR I QoS I Access Handoff MRC NRC 4949 W Cleveland Road, South Bend, IN 46628 ("Cleveland Road Service 1.5 Mbps ❑ EoTDM FIE$177.00 $0.00 Location" 2. The Service Initial Term for the Cleveland Road Service Location shall end November 10, 2018. 3. This First Amendment may be executed in two or more counterparts (including by means of faxed or emailed signature pages), each of which will be deemed an original for all purposes, and all of which together will constitute one and the same instrument. Photocopies, facsimile transmissions and other reproductions of this executed original (with reproduced signatures) will be deemed original counterparts of this First Amendment. The Parties consent and agree that this First Amendment may be entered into electronically by way of electronic signatures (for example, by electronically clicking a box confirming agreement or utilizing third party software such as DocuSign), and any such electronic signatures shall be binding and treated as original signatures. EACH OF THE PARTIES has executed this First Amendment by its duly authorized representatives effective as of the date set forth above. Except as amended herein, the Proprietary & Confidential Page t of 2 Amendment 1070616 :� uS S�G111AL Agreement shall continue in full force and effect. If there is a conflict between the Agreement and this First Amendment, the terms of this First Amendment shall govern. Customer: City of South Bend — Water US Signal Company, L.L.C. Works �—( a J DocuSigned by. By: Bk:-8EEF8D1E273A4Ca Printed Name: APPROVED Board of Public Works Sarah E. Hutson Printed Name: Contracts Manager Title: July 6, 2016 Date: Proprietary & Confidential Page 2 of 2 Amendment 1070616 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 07/25/2016 Brent Hussung Department Utilities BPW Date 08/01/2016 Phone Extension 5512 Legal Attorney Name 1W� G�lq�2 Sc1 /J 7— Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ] Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control Other: Amendment Company or Vendor Name U.S. New Vendor ❑ Yes F MBE/WBE Contractor ❑ MBE [ MBEM/BE Contractor Requested ❑ No Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of No ❑ If Yes, Approved by Purchasing WBE Yes Name of Company O&M 620-0640-603-32-04 $ 177/mo ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Required For Change Orders Only Increase Previous Amount Current Percent of Change: New Amount Total Percent of Change: Dispersal After Approval Copy Original ❑ ❑ ❑ ❑