HomeMy WebLinkAboutContract 29482Long Distance Services
State of Texas — Government Entities
Addendum No. #1 to the Master Agreement Between
SBC Global Services, Inc. ("SBC") and
Ciy of Fort Worth ("Customer")
1. Description of Services. SBC maintains interstate Product Reference and Pricing Guidebooks
("Guidebooks") which contain product descriptions, technical information, definitions, and general terms and
conditions. Guidebooks can be obtained at www.sbc.com (Public Affairs section) or from an SBC
salesperson. This Addendum is subject to (1) the terms and conditions in the Guidebooks, as modified from
time to time and incorporated herein by reference, and (2) applicable state Tariffs ("Tariffs").
2. Term. The term of this Addendum shall commence upon installation of the Services (the "Effective Date")
(estimated to be 45 days after the date last signed). The term of this Addendum will end 1 Year year(s) after
the Effective Date (the "Expiration Date").
3. Long Distance Voice Services.
3.1. Description of Service. Long Distance Service - High Volume Outbound Calling enables Customer to
place domestic and international Direct Distance Dialed ("DDD") calls. Toll Free Service ("TFS") is a
reverse -billed service using a universally recognized numbering scheme that allows Customer to pay for
all incoming calls. These calls may be placed from/to the Public Switched Telephone Network ("PSTN")
or from/to Dedicated Voice Access ("DVA") facilities.
3.2. High Volume Calling Plan Rates,
Domestic Service*
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Texas intrastate
Interstate
High
Volume Dedicated Outbound Calling
- Dedicated Termination
$.0206
$.0327
High
Volume Dedicated Outbound Calling
- Switched Termination
$.0495
$.0341
High
Volume Switched Outbound Calling
- Dedicated Termination
$.0504
$.0413
High
Volume Switched Outbound Calling
- Switched Termination
$.0770
$.0550
High
Volume Dedicated Toll Free Calling'
$.0440
$.0440
High
Volume Switched Toll Free Service
$.0578
$.0578
1 Pursuant to the Guidebooks, additional recurring and non-recurring charges for TFS and features may apply.
2AII fully automated Proprietary Calling Card calls from an approved state shall be at the same rate as the
Intrastate/Interstate rates for that state. This does not include any Payphone Origination Charges that may apply.
31nterState calls from any approved state where SBC and Customer agree to long distance Services are eligible for the
Interstate rates.
3.3. Other Rates. Except as specified in Section 3.2, the rates for all other intrastate, interstate, and
international traffic shall be the applicable rates set forth in the Domestic and International High Volume
Calling Plan (3 -year term and $240,000/year) that are in effect on the Effective Date of this Addendum
(as specified in the Guidebooks and applicable Tariffs) for the term of this Addendum.
3.4. Billing Increments. Domestic and International usage rates listed in Sections 3.2 are per minute of use
("MOU"). Billing increments for these Services are:
International
4. Limitations and Qualifications.
Usage Billing Increments
Initial Period Additiona
18 Seconds 1 Seconds
30 Seconds 6 Seconds
4.1. Section 3.2 Rates shall be fixed for the Term of this Addendum.
4.2. Customer certifies they are a state agency or political subdivision of the state of Texas.
4.3. Rates are subject to availability of facilities.
Long Distance Addendum Texas Gov Entities V1 Updated 1112.
PROPRIETARY INFORMATION
The information contained herein is for use by authorized employees of the parties hereto only
and is not for general distribution within or outside their respective companies.
If not signed prior to 12/07/02, a new Addendum form is required.
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Long Distance Services
State of Texas — Government Entities
4.4. Rates are in lieu of any other discounts specified in any other applicable Guidebooks, Tariffs, and/or
rate schedules.
4.5. SBC may impose additional rates and charges in order to recover amounts it is required or permitted by
government or quasi -government authorities to collect from or pay to others in support of statutory or
regulatory programs. Examples of such charges include, but are not limited to, Universal Service
Funding, Primary Inter -Exchange Carrier Charge cost recovery, and compensation payable to
payphone service providers.
5. Local Access (DVA/DOVS).
5.1. If Customer so requests, SBC will act as Customer's agent to provision local access circuits from the
local exchange carrier between Customer's location and the serving wire center. SBC will bill Customer
for this local access service on a pass-through basis.
5.2. Local access service is provided by a Local Access Provider and is subject to the rates and charges
established by the Local Access Provider. The local access charges in the Pricing Attachment for Long
Distance Pass Through Charges are estimates only and do not include any one-time construction
charges that may be assessed by the Local Access Provider. If construction charges are substantially
different from the estimates, Customer may cancel the order within 24 hours of receipt of the higher
price estimate without penalty.
6. Expiration Date of Addendum. The Expiration Date of this Addendum shall be the date upon which the last
of the various Services purchased hereunder expires.
7. Termination Charges_. Customer may terminate this Addendum or disconnect, in whole or in part, Service at
any time and without cause upon written notice to SBC. If this occurs during the Term, Customer will be
responsible for the payment of any and all charges associated with the service provided by SBC, up to the
termination date, which Customer agrees to pay within 30 days of receipt of invoice.
8. International Mobile Termination Charge. International calls terminating to a wireless device, such as a
cellular phone, pager, personal computer, or personal digital assistant may incur an additional per minute
charge, referred to as an International Mobile Termination Charge.
9. Undertaking by SBC. SBC provides long distance and data Services, where authorized and where
necessary arrangements exist with local providers, within the local service areas of SBC Affiliates, and limited
other areas, for communications originating and terminating in the United States, or between the United
States and international points. Service areas are subject to change. SBC's Service is available twenty-four
hours a day, seven days a week. The Service provided under this Addendum shall not be resold or provided
to third parties.
10. Payment and Billing. Bilis are due and payable upon receipt. Customer is liable for any reasonable fees and
expenses including attorneys' fees SBC incurs in order to collect the charges owed to SBC. SBC may also
charge the Customer a late fee on the overdue charges of $5.00 per month, or up to the maximum amount
allowed under state law. Charges may be assessed for unbilled traffic up to 2 years in arrears, except for
fraud, where no limitation shall apply.
11. SBC's Limitation of Liability. The provisions of this Section do not apply to errors and omissions caused by
willful misconduct, fraudulent conduct, or violations of law:
(i) In the event an error or omission is caused by the gross negligence of SBC, the liability of SBC shall be
limited to and in no event exceed the sum of $10,000.
(ii) Except as provided in subsection (i) above, SBC's liability for damages of any nature arising from errors,
mistakes, omissions, interruptions, or delays of SBC, its agents, servants, or employees, in the course of
establishing, furnishing, rearranging, moving, terminating, or changing the Service, facilities, or equipment
shall not exceed an amount equal to the charges applicable under this Agreement (calculated on a
proportionate basis where appropriate) to the period such error, mistake, omission, interruption, or delay
occurs.
(iii) SBC will not be liable to Customer for damages or statutory penalties or be obligated to make any
adjustment, refund, or cancellation of charges, unless Customer has notified SBC in writing of -any ...„dispute,
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Long Distance Addendum Texas Gov Entities V1 Updated 11/2:
PROPRIETARY INFORMATION
The information contained herein is for use by authorized employees of the parties hereto only
and is not for general distribution within or outside their respective companies.
If not signed prior to 12107/02, a new Addendum form is required.
Long Distance Services
State of Texas — Government Entities
concerning charges, or the basis of any claim for damages, within 60 days after an invoice is rendered by
SBC giving rise to such dispute or claim. Any such notice must set forth facts sufficient to provide SBC with a
reasonable basis upon which to evaluate Customer's claim or demand.
(iv) With respect to Service provided hereunder, SBC hereby expressly disclaims, without limitation, all
warranties not stated in these terms and conditions, whether express, implied, or statutory, and in particular
disclaims all implied warranties of merchantability and of fitness for a particular purpose. In no event shall
SBC be liable for any incidental, indirect, punitive, special, or consequential damages, including lost revenue
or profits. SBC will not be liable for any act or omission by any other company or companies furnishing a
portion of the Service or furnishing facilities or equipment associated with such Service. If SBC learns of
actual or possible unauthorized, fraudulent, or unlawful use of any SBC Service, SBC will make an effort to
contact Customer, but Service may be blocked without notice and without liability to SBC. Service may be
suspended by SBCS without incurring liability by Blocking all calls or by Blocking calls to or from certain NPA-
NXXs, certain countries, cities, or individual telephone stations for any Service offered by SBC. Service will
be restored as soon as it can be provided without undue risk and only after accounts have been brought
current. SBC will not be liable for any failure of performance due to the use or abuse of any Service
described herein by Customer. Use or abuse includes, but is not limited to, any calls placed by means of
PBX-reorigination or any other legal or illegal equipment, service, or device.
(v) Compensation for any injury Customer may suffer due to the fault of third parties must be sought from
such third parties. In the case of TFS, this applies to third parties that dial Customer's TFS number by
mistake. SBC will not be liable for any failure of performance due to any action, such as Blocking or refusal to
accept certain calls, that SBC deems necessary in order to prevent unauthorized, fraudulent, or unlawful use
of its Service.
12. Order of Precedence. Not withstanding section 4.2 of the Master Agreement, in the case of a inconsistency
or conflict between terms and conditions of an applicable Tariff or Guidebook, the Master Agreement, or this
ICB Addendum, the governing order of precedence will be (1) this ICB Addendum, (2) the Master Agreement,
(3) the applicable Tariff or Guidebook. This Addendum shall at all times be subject to such modifications as a
PSC/PUC and/or the FCC may, from time to time, require under their respective jurisdictions.
13. Renewal. This Addendum shall not automatically renew for Services listed in this Addendum on the
Expiration Date. If the Customer does not renegotiate a new Addendum by the Expiration Date, the pricing
for the Services will revert to the Standard Rates as listed in the Guidebooks at the time of Expiration Date.
SO AGREED by the Parties' respective authorized signatories:
City of Fort Worth
SBC GLOBAL SERVICES, INC.
ON BEHALF OF ITS AFFILIATES
Custorier Signature
SBC Signature
Print Name:
Print Name: I,, -'e
Title : ....,
k_�..., ':;�.. re
Title: L- .
Date: m:..„„.
Date: / _l
NOTE: The Parties' signatures on this Addendum are not necessary when this Addendum is incorporated by
reference in the Master Agreement on the Master Agreement's Effective Date. This Addendum must always be
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accompanied by a Master Agreement and may not be executed as a standalone agreement.
ATTESTEDContract Authorization
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Long (stance A de Urn Texas Gov Entities V1 Updated 11/22/0o d r
PROPRIETARY INFORMATION f d J N,. w. t�, s
The infoand is not fotr general distributionwitined herein is for use by a hin orhorized outside the? respective compyees of the aes nies,
If
only , Y ��;�V
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Ifnot signed prior to 12/07/02, a new Addendum form is required.
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City of Fort Worth, Texas
"noor And cou"Cil commu"icatio"
DATE I REFERENCE NUMBER I LOG NAME PAGE
11/26/02 **P-9715 0002-0220 1 of 3
SUBJECT PURCHASE AGREEMENT FOR LONG DISTANCE SERVICE FROM SBC
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE INFORMATION
TECHNOLOGY SOLUTIONS DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for long distance service with SBC Southwestern Bell Telephone
Company (SBC); and
2. Authorize this agreement to begin December 10, 2002, and expire December 9, 2003, with options
to renew for two additional one-year periods; and
3. Authorize a transition period of a maximum of 90 days from the current long distance agreement
with AT&T Communications (AT&T).
DISCUSSION:
On August 28, 2001 (M&C P-9450), the City Council approved rejecting all responses to a Request for
Proposals for long distance services. At the time, it was determined that the best option was to
continue a month-to-month long distance service agreement with AT&T.
In August 2002, a request for bid for long distance services was solicited. There were seven responses
to the bid requirements. The evaluation of the bid responses was based on five categories. The five
categories evaluated were Services, Pricing Structure, Billing Requirements, Customer Service, and
Conversion Change Charges by the local service provider. Of the seven vendors that responded to the
bid, only SBC was able to meet all the requirements requested in the bid. A comparison of the
responses and the current agreement is as follows:
City-wide long distance charges are about $91,000 per year under the current arrangement with AT&T.
Annual
Conversion
Vendor Reimbursement
First Year
Vendor
Cost
Charge
of Conversion Charge
Costs for CFW
SBC
$30,000
$ 0
$ 0
$ 30,000
RWT
$21,500
$130,000
$ 0
$151,500
AT&T (Oakton VA)
$34,500
None proposed
$ 0
$ 34,500
Sprint
$32,000
$130,000
$ 125
$161,875
AT&T (Dallas)
$34,500
None proposed
$ 0
$ 34,500
Verizon
$32,000
$130,000
$ 0
$162,000
Wings
$26,500
$130,000
$6,000
$154,500
City-wide long distance charges are about $91,000 per year under the current arrangement with AT&T.
City of Fort Worth, Texas
4vagor And Council communlicatio"
DATE I REFERENCE NUMBER I LOG NAME PAGE
11/26/02 **P-9715 0002-0220 2 of 3
SUBJECT PURCHASE AGREEMENT FOR LONG DISTANCE SERVICE FROM SBC
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE INFORMATION
TECHNOLOGY SOLUTIONS DEPARTMENT
All vendors submitted bids whose annual costs are significantly less than the current annual cost.
However, to determine the total cost to move to a new long distance provider, conversion charges must
also be considered. The conversion charge is what the local telephone service provider (SBC) charges
the long distance provider to change the code in their database on each phone line to reflect which
company provides long distance. The long distance provider typically passes this charge on to the end
customer. When the conversion charges and the estimated annual cost are added together, SBC has
the lowest estimated first year cost for long distance services because, as the local telephone service
provider, SBC has proposed to waive the conversion charges. The next lowest estimated long distance
cost would be either one of the AT&T bids.
SBC submitted the overall most responsive bid based on all evaluation criteria and had the lowest first
year cost. By accepting SBC's bid, the City stands to save over $60,000 per year in long distance
costs, or two-thirds of the current annual cost.
The recommendation to continue the month-to-month service with AT&T during a transition process is
to allow for an orderly change of vendors. The process of changing long distance provider takes
significant time because several thousand phone lines must be manually converted by the local
telephone service provider.
BID ADVERTISEMENT - The bid was advertised in the Commercial Recorder on August 8 and
September 4, 2002.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of services is from
sources where subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at
the City's option. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
City of Fort Worth, Texas
ty Ayar And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 **P-9715 1 0002-0220 3 of 3
SUBJECT PURCHASE AGREEMENT FOR LONG DISTANCE SERVICE FROM SBC
SOUTHWESTERN BELL TELEPHONE COMPANY FOR THE INFORMATION
TECHNOLOGY SOLUTIONS DEPARTMENT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated,
of the participating departments.
CB:k
BQN/02-0220/VVW
Submitted for City Manager'sF� UND I ACCOUNT
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Jim Keyes 8517
David Miller 8781
(from)
Additional Information Contact:
Robert Combs 8357
David Miller 8781
CENTER I AMOUNT I CITY SECRETARY
APPROVED 11/26/02