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AMENDMENT NUMBER 1 TO CITY SECRETARY CONTRACT NO. 34819
WIRELESS VOICE SERVICE AND EQUIPMENT AGREEMENT
BETWEEN
CITY OF FORT WORTH
AND
PROGRESSIVE CONCEPTS INCORPORATED
This Amendment No. 1("Amendment") to City Secretary Contract No. 34819 Wireless Voice
Service and Equipment Agreement ("Agreement"), is made and entered into by and between
the City of Fort Worth (the "City"), a home rule municipal corporation situated in portions of
Tarrant, Denton and Wise Counties, Texas acting by and through Karen L. Montgomery, its
duly authorized Assistant City Manager, and Progressive Concepts Incorporated ("PCI" or
"Consultant"), an authorized reseller and Master Distributor of AT&T Wireless services, d/b/a
Hawk Electronics, a Texas corporation, acting by and through Thomas A. "Kip" Hyde, Jr., its
duly authorized President and Chief Operating Officer, collectively referred to as the "parties."
Recitals
The following provisions are true and correct and form the basis of this Amendment:
WHEREAS, on or about August 3, 2006 the City and Consultant entered into a Wireless
Voice Service and Equipment Agreement ("Agreement") for wireless voice service and
equipment under the terms and conditions specifically set forth in the Agreement. The
Agreement is a public document on file in the City's Secretary Office and referenced as City
Secretary Contract No. 34819; and
WHEREAS, the current Agreement is for Wireless Voice Services and Equipment; and
WHEREAS, the Agreement has an initial term of two years; and
WHEREAS, the parties hereto now wish to extend the term of the Agreement and to expand
the scope of services to include wireless data equipment and services.
Aqreement
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the City and PCI agree as follows:
�.e�FICIAL R�CORD
CiTY SECRETARY
FT. WORTH, TX
1.
Definitions / Roles and Responsibilities is hereby amended to add the following:
Cell Phone Coordinator(s) shall mean the City of Fort Worth employees who serve as the City
Department representatives and act as liaisons between PCI and the City for their department.
The coordinator(s) will have access to the Wireless Management System (WMS) web service
for ordering, upgrade/refreshment program, moves, adds, changes, and reporting.
IT Solutions Wireless Administrator shall mean the City IT Solutions employee who will be
responsible for overall management and oversight of all equipment and services provided
pursuant to this agreement.
On-Site Service Representative shall mean PCI onsite representative Monday through Friday, 8
a.m. to 5 p.m.
After-hours on-call service shall mean that PCI will provide after-hours on-call service 24 hours
a day, 7 days a week, 365 days a year (24x7x365).
� Poor Reception shall mean reception by a suitable AT&T device, measuring less than -95dBm
on a Blackberry device.
Working days shall mean City of Fort Worth defined days as Monday through Friday with the
exception of the following observed City holidays: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving
Day, and Christmas Day.
2.
Standard Terms and Conditions are hereby amended to read as follows:
1. SCOPE OF SERVICES. The Vendor shall provide Wireless Services and Equipment as
specified in this Amendment and as set forth in all Exhibits, as amended, which are attached
hereto and incorporated for all purposes incident to this agreement.
2. TERM. The initial term ("Term") of this Agreement shall begin on the date last executed by
all parties ("Effective Date") and be effective for a period of two (2) years, expiring January 29,
� 20 �_i,, unless terminated earlier in accordance with any applicable provision set forth herein.
The City shall have the option to renew this Agreement for up to four (4) consecutive one-year
periods at the City's discretion.
3.
EXHIBIT A
SCOPE OF SERVICES
Exhibit A, Scope of Services shall be amended as follows:
Section 1.2 Discounts from List Price for Other Equipment is hereby amended to read as
follows:
Discounts from List Price for Other Equipment. PCI shall provide a catalog of equipment and
services to the City and/or via the web. Catalog pricing will be reviewed and updated by the 1 St
of each month. The City may choose from any of the wireless equipment and services listed in
the catalog or available to other customers. If lower pricing becomes available to any entity
during the term of the contract, the lower price will be provided to the City.
Section 1.3 is hereby amended to read as follows:
PCI shall provide storage of the City's excess purchased Wireless and Cellular equipment
inventory at the Camp Bowie and/or Zipper locations. The City equipment is any purchased
wireless equipment and does not include the older equipment which has been upgraded, traded
in or turned in for disposal. The equipment will be available for redeployment at the City's
request and can be managed online utilizing the Wireless Management System (WMS).
Section 2.0 Upgrades is hereby amended by adding the following:
2.6 Wireless Upgrade/Refreshment Program.
2.6.1 Pricing for future BlackBerry upgrade/refreshment will be based on a 16-month
period from the initial activation or last upgrade. In order to take advantage of new or
needed services, PCI will conduct early upgrade/refreshment, at the noted pricing, for
devices that have been in use for 12 months, from initial activation or the last
upgrade/refreshment with PCI, and are lacking required capabilities/features. Devices
will be a mixture of new and/or reconditioned equipment. Refurbished devices are like
new and will have the same warranty as new devices.
2.6.2 PCI shall provide the City with equipment upgrade/refreshments every 16
months.
2.6.3 PCI shall make available at least one free wireless BlackBerry device (free with
trade in of old Blackberry device as described in table 2) of comparable quality as
described in 4.6 item G for upgrade/refreshment for Blackberry, at the City's discounted
price.
2.6.4 PCI shall also provide early upgrade/refreshment for any phones or BlackBerry
devices that have become one generation behind the current GSM technology for data
or voice calls.
2.6.5 PCI shall supply the City with three to five test BlackBerry/wireless devices and
or wireless related equipment (boosters, cases, smart phones) as more technologically
advanced equipment is introduced into the market. These devices, including software
and accessories, shall be provided to the City for testing and evaluation at no charge.
2.6.6 All new models and equipment and or services will be tested and approved by IT
Solutions prior to general availability to City of Fort Worth employees or added to WMS
as standard equipment and services.
2.6.7 PCI will handle the activation process for new break/fix, and
updgade/refreshment services, including programming of equipment. PCI will perForm
the activation on the BlackBerry Enterprise Server (BES) using the management
console and transfer data and applications with the activation. This eliminates any
additional actions required of the City beyond making the initial request. PCI
representatives are available to train customers on new devices as needed.
Section 3.3 Warranty / Out of Warranty is hereby amended by adding the following:
Warranty. PCI will ensure customers have a working device at no cost when one fails as long
as the device was not physically damaged (cracked screen, ran over, water damage).
Replacement devices may be refurbished or new as applicable. PCI will provide like devices as
replacements as long as they are available, otherwise a suitable replacement will be provided
until such time the original or updated model is available.
3.3.1 Warranty Replacements. PCI will keep devices on-hand that will be used for
onsite exchange/repair.
3.3.2 PCI will repair or replace a non-working device regardless if there is physical
damage. Replacements will usually be provided the same day as requested.
Section 3.4 Insurance shall be added to Exhibit A and shall read as follows:
If insurance is added to any device, whether new or refurbished, PCI will reduce the deductible
to $75.00 versus the standard deductible of $125.00. This will provide a like replacement device
for the deductible cost of $75.00 unless the City of Fort Worth deems the equipment abused
(improper use), then PCI will be able to charge for the replacement of the equipment.
Section 4.4 Coverage is hereby amended by adding the following:
4.4.6 Coverage. PCI shall provide signal enhancements to resolve the following areas
with poor reception:
a. City Hall, City Manager and Mayor/Council Areas on the 3�d floor.
b. Council and Pre-Council Areas on the 2"d floor.
c. Lower level City Hall to improve service in and around the Purchasing
Department's area,
d. Lower level City Hall East corner Planning and Development area.
e. Other areas, as needed.
f. South Side Service Center (4100 Columbus Trail).
4.4.7 These enhancements shall be installed and completed by PCI within 60 days of
contract execution. These enhancements will be at no charge to the City.
Enhancements would be completed in City Hall first and prior to conversion of
BlackBerry services at the City's discretion.
Section 4.6 Rate Plans is hereby amended by adding the following:
4.6.5 Rate Plans and Pricing.
a. The City may change rate plans as often as needed at no charge.
b. The City will not incur any penalty charges to discontinue service for any wireless
devices.
PCI will work with the City to provide a cost study on what rate plans each user
should be placed. The City will provide usage data to PCI. PCI will produce this
information within 2 weeks of receiving the data from the City.
d. Plans and Services.
Table 1. Rate Plans, Services, and Pricing Details.
Item Description # of Minutes Cost Per
Month
1 Email Onl - No Voice lan NA $37.00
2 Email Onl with Tetherin - No Voice lan NA $48.10
3 Email with Voice Plan 4MB overa es $0.005 NA $25.19
4 Email with Voice Plan NA $32.40
5 Email -W/Tetherin with Voice Plan NA $40.70
6 Email - International with Voice Plan NA $48.09
7 450 Nation Plan- 450 Weekday minutes, 450 Minutes $28.79
5000 NW minutes, Rollover, UL Mobile to UL Email $32.40
Mobile, overages $.45 min. UL PTT $5.00
Total $66.19
8 550 Nation (B2B) - 550 Weekday minutes, 550 Minutes $33.60
UNLIMITED NIGHTS & WEEKEND minutes, UL Email $32.40
Rollover, UL Mobile to Mobile, overages UL PTT $5.00
$.45 min. Total $71.00
9 750 Nation (B2B) - 750 Weekday minutes, 750 Minutes $41.90
UNLIMITED NIGHTS & WEEKEND minutes, UL Email $32.40
Rollover, UL Mobile to Mobile, overages UL PTT $5.00
$.40. Total $79.30
10 900 Nation - 900 Weekday minutes, 900 Minutes $43.19
UNLIMITED NIGHTS & WEEKEND minutes, UL Email $32.40
Rollover, UL Mobile to Mobile, overages UL PTT $5.00
$.40. Total $80.59
11 1350 Nation- 1350 Weekday minutes, 1350 Minutes $57.59
UNLIMITED NIGHTS & WEEKEND minutes, UL Email $32.40
Rollover, UL Mobile to Mobile, overages UL PTT $5.00
$.35. Total $94.99
12 UL Nation- Unlimited Nationwide Weekday UL Minutes $71.99
and Weekend minutes. UL Email $32.40
UL PTT $5.00
Total $109.39
Cost Per
Item Description # of Minutes Month
13 Local Unlimited — Unlimited Local weekday UL Local Minutes $60.00
and weekend minutes. Unlimited Text, UL Email $32.40
Unlimited Long Distance, First 30 min UL PTT $5.00
roamin included. Total $97.40
• Rollover minutes are accrued at the end of each billing cycle. The unused minutes are
added to a user's rollover bank. The rollover minutes are good for a rolling 12 months.
On the 13 month, the oldest saved minutes will expire if they are not used. Available
rollover minutes are applied to your bill when you exceed your included plan minutes.
You must have a rollover plan to qualify to save rollover minutes.
• Unlimited Nights and Weekends, Nationwide. Nights are 9:00 p.m. till 6:00 a.m.,
Monday thru Friday. Weekend starts at 9:00 p.m. Friday and ends at 6:00 a.m. Monday.
• Unlimited Text Messaging is included in the #13 plan only. Two hundred messages can
be added per line for an additional $4.00 per month or unlimited for $16.00 per month.
• Insurance can be added for $3.50 per line.
Business Pooled Plans* # of Minutes Cost Per
Month
14 450 Nation Pool Plan - 450 Weekday 450 Minutes $32.39
minutes, UNLIMITED NIGHTS & WEEKEND UL Email $32.40
minutes, UL Mobile to Mobile, overages $.25 UL PTT Included
min. Total $64.79
15 900 Nation Pool Plan — 900 Weekday 900 Minutes $46.79
minutes, UNLIMITED NIGHTS & WEEKEND UL Email $32.40
minutes, UL Mobile to Mobile, overages UL PTT Included
$.25. Total $79.19
16 1350 Nation Pool Plan — 1350 Weekday 1350 Minutes $61.19
minutes, UNLIMITED NIGHTS & WEEKEND UL Email $32.40
minutes, UL Mobile to Mobile, overages UL PTT Included
$.25. Total $93.59
17 2000 Nation Pool Plan — 2000 Weekday 2000 Minutes $75.59
minutes, UNLIMITED NIGHTS & WEEKEND UL Email $32.40
minutes, UL Mobile to Mobile, overages UL PTT Included
$.25. Total $107.99
18 3000 Nation Pool Plan — 3000 Weekday 3000 Minutes $115.59
minutes, UNLIMITED NIGHTS & WEEKEND UL Email $32.40
minutes, UL Mobile to Mobile, overages UL PTT Included
$.25. Total $147.99
*To take advantage of Pool Plans, a department or group would all need to use the pool
plans. PCI may group a Department into multiple groups, if needed, if some groups in a
department had other rate needs.
Max # Lines per Per minute Included Primary
Nation Poot Group Overage Charge Minutes Access
Charge '�
19 Poo120000 40 .25 20,000 $774.00
20 Poo130000 60 .25 30,000 $1656.00
21 Poo140000 80 .20 40,000 $2196.00
22 Poo150000 100 .20 50,000 $2736.00
23 Poo162500 125 .20 62,500 $3384.00
24 Poo175000 150 .15 75,000 $4032.00
25 Poo1100000 200 .15 100,000 $5400.00
26 Poo1125000 250 .15 125,000 $6624.00
27 Poo1150000 300 .15 150,000 $7992.00
•*NATION POOL. The Primary Access Charge is for the group and includes the first
line; for each additional number allowed, there is a$10.00 per line charge. These plans
include unlimited nights & weekend and unlimited mobile-to-mobile.
• Nation Pool Max Lines. PCI will combine these plans to provide the needed amount of
minutes and lines. For example, PCI could combine #26 and #27 for a total of 275,000
minutes and up to 550 lines.
• PTT Push-to-Talk ma be added to the Nation Pool lines for $5.00 er line.
d. Wi-Fi. Devices that have this feature have access to Wi-Fi networks. The cost
for data usage is covered under one of the email plans noted above in items 1 thru 5
when using the City owned and operated networks. Charges may apply to gain access
if a user connects to a non-City owned and operated network.
e. GPS. Devices that have this feature have access to Global Positioning System
(GPS) information or services. A device having this feature and one of the email plans
noted above in items 1 thru 5 will incur no usage charges for accessing GPS, however
there may be applications that have a monthly charge.
f. Equipment Pricing. This section applies to all current and future conversions,
equipment upgrade/refreshments, and new service. Trade-in refers to Sprint/Nextel or
AT&T devices that are being/or have been taken out of service by the City.
Table 2. Equipment Pricing Details.
New Service or With Trade In
Device Upgrade (Sprint/Nextel or ATT
(Refresh) BB device)
BlackBer 8110 $49.99 Free
BlackBer 8310 New or refurbished Base $49.99 Free
BlackBer 8820 $149.99 $99.99
g. Base device to include, at a minimum, the following features:
i. GSM Voice capable
ii. BlackBerry email capable with automatic email delivery capabilities
iii. Push to Talk capable
iv. Bluetooth
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v. Text Messaging capable
vi. Web Browser
vii. USB Cable
viii. Full QWERTY keypad
ix. Accessories to include: battery, wall charger, wired ear bud,
and holster with clip, as tested and/or approved by the City.
Data Cards. The following rates apply to data cards through PCI.
Table 3. Data Cards Pricing Details.
Device New Activation or Upgrade
Sierra AC881 Free
Sierra AC881 U Free
Data Card Rate Monthly Cost
Unlimited Data Card Plan — With Unlimited $42.00
Access to ATT Basic WI-FI hot s ots.
car charger
i. PCI will make available a special 12-month offer effective at contract execution.
PCI will provide the City, for 12 months, two-rate plans providing options of unlimited
text messaging, minutes, local and LD, PTT, and email at a reduced rate to assist with
the transition.
i. PCI will provide the #13 plan and will place a$10.00 per month credit
expiring 12 months from contract execution on the account.
ii. PCI also offers the #12 plan which is nationwide and would place the
unlimited text package on the account at $16.00 per month and place a$16.00
monthly credit for 12 months following contract execution.
Section 5.0 Conversion of the agreement is hereby amended to include the following:
Conversion. PCI shall work with the City to develop a mutually agreeable conversion plan that
will provide the least amount of down time to City employees. PCI will enter (load) conversion
requests into the WMS as information is gathered from the departments and approved by IT
administrator.
Section 6.0 Customer Service/Service Level is hereby amended by adding the following:
6.7.16 On-site Service Representative. PCI shall provide an onsite representative
Monday through Friday, 8 a.m. to 5 p.m, during regularly scheduled City work days. PCI
shall also provide after-hours on-call service 24x7x365.
a. The City will supply a work area, chair, internet access, network access, for the
PCI employee. The City will allow and provide the on-site PCI representative
with high-speed internet access in order to use a VPN connection.
b. PCI will need to supply its own computer, cell phone, locking cabinets, parking,
and office supplies.
6.7.17 All services will be conducted onsite at the Zipper building or City Hall Campus.
6.7.18 PCI will ensure office coverage coinciding with City work hours specified in this
amendment.
6.7.19 On Site services provided by PCI include, but are not limited to the following:
a. Equipment fulfillment for BlackBerry and Cellular Services and Problem
resolution for both services.
b. Receive and respond to calls for equipment and service issues.
c. Research and respond to account inquires.
d. Use out-of-office notice for email and voicemail.
e. Backup and transfer data that is not synchronized on the server, as needed.
Coordinate new service and equipment upgrade/refreshment program for
wireless equipment, as outlined within this Amendment.
g. Provide support to users for how to operate both BlackBerry and cellular devices.
h. One-on-One training with users.
Training: PCI will provide the following.
i. Meet with Coordinators prior to any training to gather common
issues/questions that currently exist with current provider.
ii. Meet next with the coordinators to review quick reference sheet based on
prior meeting with coordinators.
iii. Provide a quick reference sheet at time of delivery to all users of the most
common questions along with info on common settings.
iv. Provide user training by invitation for groups of up to 50 over a period of
weeks as devices are deployed.
Section 8.0 Reporting is hereby amended by adding the following:
8.6 All reports and screens will be expanded to include BlackBerry and other wireless
devices. All reports and screens will have filters by device.
8.6.1 PCI will work with the City to provide information and customized reports.
Section 9.0 Website is hereby amended by adding the following:
9.16 PCI will add an option for a City customer to view either Cellular devices or Data
devices. This will impact the "My Department" view so that a user could quickly view only
specified devices including all relevant reporting in "real-time." The City could view
information for only the data devices which provide information on voice and data usage.
9.17 Reports. PCI will create up to four reports for BlackBerry Service, as required by
the City.
9.18 Email-only Devices. These devices are assigned a phone number even though
they are not set up for calling. These numbers are accessible from the My Departments
menu in the Wireless Management System (WMS).
9.19 Invoices. Invoices of purchases (equipment, accessories, etc.) will be made
available via the Web Tool for viewing and printing.
9.20 Tutorials, Manuals, FAQ, and the quick reference sheet will be updated with
BlackBerry and wireless devices and made available.
9.21 Billing. Billing will be included with the current billing PCI provides and data will
be provided showing the devices.
9.22 The website shall provide an ordering tool for hardware, upgrades, maintenance,
rate plans, and accessories as needed for BlackBerry devices.
4.
Exhibit B
Service Level Agreement
Exhibit B Service Level Agreement of the agreement is hereby amended by adding the
following:
9. Turned-in/Traded-in Equipment. All equipment turned in/traded in will be wiped clean
and ready for redeployment or disposition within five calendar days. Prior to disposition of old
equipment, PCI shall have all City information deleted from the devices. (Performance Level:
100%).
10. Lost or Stolen Equipment. The City will notify PCI of lost or stolen equipment, and, at
the City's direction, PCI shall temporarily suspend the equipment service within 60 minutes of
notification in writing via email, such email notification must be made to a duly authorized PCI
employee. The City will not be liable for any cost� �^�� �rred after notice from the City has been
received by PCI by phone and/or email at .��� �T o_S�� �r�wc� r�-l� c� �� o� .
(PerFormance Level: 100%).
11. Kill Packet Verification. In cases where a kill packet is sent, PCI will verify with the
Platform Division, within 60 minutes that the packet has been delivered to the device before
making any changes to the BES account. The City will perForm this function during PCI's
employee's lunch breaks and after hours.(Performance Level: 100%).
12. Activation of New Equipment. Activations of new equipment will be accomplished within
two hours of any request made by the City between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except for such instances where the carrier switch does not activate
such service in such time frame. Carrier network activation service levels can range from one
hour to as long as 24-hours, and are not within the control of PCI. PCI shall notify the City when
there are issues with activation and document those issues. (Performance Level: 100%).
13. Handset Delivery. New wireless handsets will be delivered to the City for use by PCI, for
lo
both new activations and for upgrade/refreshment within three (3) business days. This
specifically means that the services described will be provided no later than the close of
business on the third business day following the requested new activation or
upgrade/refreshment, once requested by the City, provided it is in compliance with the
established requesting/ordering protocol currently in place and PCI receives the complete
information required. The online order page will need required fields or the on-site
representative will be required to see that all information is received. (Performance Level:
100%).
14. Response and Resolve. PCI will provide response recognition within one hour and
problem resolution within 4 hours maximum. In cases where network related issues prevail, the
4 hour maximum may be exceeded; however, every effort will be made by PCI to meet the
timeline. (Performance Level: 100%).
15. Porting. Voice and number porting will be completed within 48 hours of request. In
cases where network related issues prevail, the 48 hour maximum may be exceeded, or in
cases where the other provider will not release the number; however, every effort will be made
by PCI to meet the timeline. PCI shall notify the City when there are issues with porting and
document the issues. (Performance Level: 100%).
16. Routine Notifications. PCI will notify the City Helpdesk at (817) 392-8800 and/or email
helpdesk3(c�fortworthgov.orq for additions, upgrade/refreshments, and conversions pertaining
to user accounts within 24 hours. In addition, PCI will add two additional members to the order
notifications for BlackBerry orders, and moves/adds/changes as needed. (PerFormance Level:
100%).
17. Outage Notifications. PCI will notify the City upon its own awareness or notification of
network outages and provide an estimated time of service restoration. PCI will use its best
efforts to provide such notification within 15 minutes of becoming aware of any such outage via
email to helpdesk3@fortworthgov.org and/or phone to the City's Helpdesk at (817) 392-8800,
and post an outage notice on the website. After the initial notification of such outages, PCI shall
provide hourly updates regarding the restoration of the service via email, phone and to the
WMS (wireless management system). (Performance Level: 100%).
18. Table 4 summarizes the expected performance and frequency levels and the
corresponding penalties.
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Table 4. On-going Contract Performance Summary
On-going Contract Performance Summary
Expected Expected
Item performance/Frequency PerFormance Penalty
Level
EX A, 1.2 Discounts by the 1 st of each
from List Price for Other month/monthly 100% 1%
E ui ment.
Sec 6.7.16 On-site Staffed as agreed/daily 100% 1%
Service Re resentative.
EX B 9 Turned- Within five calendar days/per o 0
in/Traded-in Equipment instance 100 /0 1/o
wi ed clean.
EX B 10Lost or Stolen
I E ui ment 60 minutes/per instance_ 100% 1%
EX B 11 Kill packet 60 minutes/per instance 100% 1%
verification
EX B 12
Activation of New 2 hours/per instance 100% 1%
E ui ment
EX B 13 3 business days/per order 100% 1%
Handset Delive
EX B 14 within 1 hour response, within 4 100% 1%
Res onse/Resolve hours fi� er event
EX B 15 Portin Within 48 hours/ er instance 100% 1%
Ex B 16 Within 24 hours/per instance 100% 1%
Routine Notifications
EX B, 17 Within 15 minutes/per instance 100% 1%
Outa e Notifications
EX C, 2.3 available/monthly 99% '"Termination
Web Site Service Level
��«� IiIC 51��5 pUillfl@Q Ill IiE171S LU.U,�u.�i,LU.'L aC1Cl '1U.� 11aVe OCCUfI"ed.
19.0 Contract Enforcement and Penalties for non-compliance.
19.1 Penalties.
19.1.1 Start-Up. The beginning of the start-up period is agreed to extend from
the execution date of this addendum to 60 calendar days after the
execution date. PCI and CFW will agree, by signature, to the completion
of the start-up period.
19.1.2 PCI will reimburse the City $450.00 for each calendar day for any start-up
milestones missed referenced in Exhibit D.
19.2 On-going Contract Performance. Refer to Table 4, On-going Contract
Performance Summary, for details outlining perFormance expectations.
19.3 Penalty Calculation. The penalty will be a percentage taken from the previous
month's invoice. For example, if the previous months invoice was $10,000 applying a
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one percent penalty to the frequency of one (per instance) would equal a$100 penalty
subtracted from the previous month's invoice. The frequency determines the multiple of
the penalty or penalties. There may be more than one penalty assessed.
19.4 Surveillance of Performance. Data will be taken from existing reports and other
sources mutually agreed to by the Parties to determine if PCI is meeting performance
expectations. Performance may be monitored and reviewed as frequently as the City
requires.
20. Notification of Discrepancy to Vendor. The City will provide notification to Hawk related
to any and all discrepancies observed, at its discretion. PCI may submit any documentation
related to discrepancy letters to explain discrepancy(ies). A review of circumstances can allow
a mutual decision to modify the observation. PCI will be required to detail corrective action
planned or taken to bring discrepancy(ies) back into compliance.
20.1 First Step: PCI will be notified verbally of non-compliance and an initial letter will
be issued regarding the non-compliance and the penalty assessed. The City will
continue to work with PCI to correct the non-compliance, as appropriate. PCI may
provide any mitigating documentation and/or response(s).
20.2 Second Step: PCI will be notified in writing a second time regarding continued
non-compliance and have thirty (30) days to resolve non-compliance. PCI will continue
to assess the penalty. PCI may provide any mitigating documentation and/or
response(s).
20.3 Third Step: Termination of contract. PCI will be notified in writing if non-
compliance has not been corrected after verbal and written notification has been issued
for corrected action. In such event, PCI shall be considered in breach of this contract
and the City shall have the right to terminate this Agreement if after 30 days the non-
compliance issue has not been resolved from the date the 2"d written notice is received
for termination.
5.
Exhibit C
Website Service Level Agreement
Exhibit C Website Service of the Agreement is hereby amended as follows:
The following Website Service Level Agreement, also referred to as Website SLA, shall be full
in force and effect as of the effective date of this Amendment. The Website SLA between PCI
and the City shall continue in effect for the duration of, and in complete accordance with, the
agreement for Wireless Service currently in force between said parties, and for the duration of
any subsequent renewals of same.
Section 1. Coverage; Definitions shall be replaced with the following language:
1.0. Coverage/Definitions. This website availability Service Level Agreement (SLA) applies
to City ("customer") specific to the online services provided by PCI (the "Services").
Section 2. Service Level shall be replaced with the following language:
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2.0. Service Level.
2.1 Goal. PCI shall foster an environment that supports maximum website
availability.
2.2 Remedy. Subject to Exhibit C, Section 4, if the website availability of a
customer's website is less than 100%, excluding maintenance as outlined in
Section 4, PCI will repair issues 24 hours a day, 7 days a week, including
holidays until site is at prior agreed service levels.
2.3 Damages. Excluding previously scheduled and agreed upon maintenance
windows/refreshments, website availability levels of less than 99% in any month,
not due to Exceptions (as defined further herein below), acts of nature or similar
events of force majeure or any other events outside of PCI's control, may result
in breach of contract and may cause the City of Fort Worth to cancel the contract
with PCI. (Performance Level: 99% or above).
Section 3. Exceptions shall be replaced with the following language:
3.0. Exceptions. PCI may be delayed in providing repairs and or/maintenance to the website
during regular business hours under this SLA in connection with any failure or deficiency
of website availability caused by or associated with:
3.1 Force Majeure: Circumstances beyond PCI's reasonable control, including,
without limitation, acts of any government body, war, insurrection, sabotage,
armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of or interruption or delay in
telecommunications or third party services, virus attacks or hackers, failure of
third party software (including, without limitation, ecommerce software, payment
gateways, chat, statistics or free scripts) or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of this SLA;
3.2 Failure of access circuits to the PCI servers;
3.3 Scheduled maintenance and emergency maintenance and upgrades;
3.4 DNS issues outside the direct control of PCI;
3.5 Issues with FTP, POP, and SMTP customer access;
3.6 False SLA breaches reported as a result of outages or errors of any PCI
measurement system;
3.7 Customer's acts or omission (or acts or omissions of others engaged or
authorized by customer), including, without limitation, custom scripting or coding
(e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of
the Services in breach of PCI's Usage Policy, or Spamming Policy;
3.8 E-mail or web mail delivery transmission;
14
3.9 Outages elsewhere on the Internet that hinder access to your account. PCI is
not responsible for browser or DNS caching that may make your site appear
inaccessible when others can still access it. PCI will guarantee only those areas
considered under their control; PCI server links to the Internet, routers, and
servers.
All other terms and conditions of Exhibit C not specifically mentioned herein shall remain in full
effect and unchanged.
6.
Exhibit E
Wireless Voice and Data Access Services Milestones
Exhibit E Wireless Voice and Data Access Services is hereby amended by adding the
following:
MILESTONES
Table 5. Start-Up Milestone Details.
Estimated
Milestones Completion Date
After Execution of
Contract
Department BlackBerry usage recommendation report. ( From the 15 calendar days
date the data is rovided to PCI
PCI will input all information for initial BlackBerry setup. ( From the 15 working days
date the Data is rovided to PCI
PCI will port a minimum of 25 voice and data services per day from 25 working days after
existing vendor. ( Porting may not begin until the coverage coverage
enhancements are completed) enhancements are
completed at City Hall
Cam us
PCI will have enough wireless devices on-hand to accommodate 15 working days
the level of BlackBerries to be ported.(Once The Porting Process
be ins
The "Go Live" date for the Interactive Web site for ordering and 60 calendar days
managing of BlackBerry service for the City of Fort Worth will be no
later than 60 calendar days from the date of execution of this
contract.
PCI will address Cit Cam us Covera e. 60 calendar da s
Up to four new BlackBerry reports will be available within 60 60 calendar days from
calendar days of receiving layout information from ITS. request date.
i.
All other terms and conditions of CSC No. 34819 not modified, altered, or specifically
referenced herein, shall remain unchanged and in full force and effect.
15
[Remainder of Page Intentionally Left Blank]
I[�
+�
Accepted and Agreed to this �� day of � , 200
CITY OF FORT WORTH:
��� ; � - � � � � jr ricL' �� ,
B�/:. _ .' : - :
Karen L. Montgomery. � / ;����
Assistant City Manager/CFO '
ATTEST:
, �
By: �/VL (i�
Marty Hendr
City Secretary
APPROVED AS TO FORM
AND LEGALITY:
a
gy: �
Males �ia B. Farmer
Assistant City Attorney
M&C: ��, �L c�
Date Approved:
PROGRESSIVE CONCEPTS, INC. -
� %
�-
gy. �--- ' �k � � _
Thomas A. "Kip" Hyde, r.
President & Chief Op rating Officer
ATTEST:
�
APPROVAL RECOMMENDED:
By: .�
ete Anderson
Chief Information Officer,
IT Solutions
OL =��7CIAL ���ORD
CiTY SECRETARY
FT: WORTH, T1C `�
i�
City of Fort Worth, Texas
Mayor and Council Communicati�n
COUNCIL ACTION: Approved on 11/11/2008
DATE: Tuesday, November 11, 2008
LOG NAME: 04PC1 AMEND
REFERENCE NO.: C-23172
SUBJECT:
Authorize an Amendment to the Wireless Voice Service and Equipment Agreement wifh Progressive
Concepts, Inc., d/bla Hawk Electronics, for the Information Technology Solutions Department in an
Annual Amount Not to Exceed $1,400,000.00
RECOMMENDATION:
It is recommended that the City Council authorize Amendment No. 1 to City Secretary Contract No. 34819,
a Wireless Voice Service and Equipment Agreement with Progressive Concepts, Inc., d/b/a Hawk
Electronics, for the Information Technology Salutions Department.
DISCUSSION:
The City's current agreement for BlackBerry service will expire on November 30, 2008. In order to improve
services, better manage wireless services, and reduce costs, staff is recommending combining all wireless
services into one agreement. IT Solutions staff has determined that Progressive Concepts, Inc., d/b/a
Hawk Electronics (Hawk), will provide a best value solution. The solution will have a web interface to
simplify wireless management, streamline and automate billing, improve vendor performance with
established contractual service level agreements and improve coverage with the AT&T network.
On August 3, 2006, (M&C P-10430) City Council approved an agreement with Hawk for an annual
agreement to provide wireless cell phone equipment and monthly airtime services. The amendment to the
contract further details other wireless equipment and monthly airtime services to meet other wireless needs
of the City such as BlackBerry and Wireless Cards. Since execution of the original agreement, wireless
technology has continued to evolve, and City departments have an increased need for a variety of
technology. Staff recommends that the agreement be modified fo extend the term and to expand the scope
to include enhanced services for BlackBerry devices.
In the previous 12 months, the City has spent approximately $1,400,000.00 for voice, BlackBerry and
wireless network services. It is anticipated that the need for wireless services will continue to grow. In
addition to the services provided by Hawk, some limited wireless services are provided by other
vendors. Due to unique circumstances for individual departments, these vendors will continue to provide
wireless services under other agreements. The total amount for expenditures is based on projections for all
airtime services.
AGREEMENT TERMS — This agreement will begin November 11, 2008, and expire January 29, 2011.
RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms. 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.
FISCAL INFORMATION/CERTIFICATION: .,�
Logname: 04PCI A1V�ND Page 1 of 2
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the participating departments.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
Peter Anderson (8781)
Barbara Hines (8540)
Lo�name: 04PCI ANIEND Pa�e 2 of 2