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HomeMy WebLinkAboutContract 42895a 0 *' �l W O Ui 20120105 -0005 MY SEMMY AT &T ILEC Intrastate Tariff Network Services Pricing Sch PJ= NO. for Texas HB2128 Eligible Customers T Provided Pursuant to Custom Terms AT &T Agreement Reference No. [UA Only] 138256UA *Note: This document may be used as a Pricing Schedule only if attached to an Agreement referred to internally at AT &T as a UA MSA, UA MA or UA SSTC. AT &T Case Number (for AT &T internal use only): 1- M9URTG If applicable, this Pricing Schedule supersedes case # Customer { "Customer') AT &T ( "AT &T') City of Fort Worth For purposes of this Pricing Schedule, AT &T means the Service 1000 Throckmorton Provider specifically identified herein. Fort Worth TX 76102 USA Customer Contact (for notices) AT &T Sales Contact Information and for Contract Notices Prima` Sates'Gontact Name: Marilyn Marvin Account Rep Name: Mark McCarty Title: IT Title: Account Manager Telephone: 817- 392 -6689 Fax: Telephone: 817 - 884 -9463 Fax: 214 -761 -8164 Email: E -mail: sean.malone @fortworthgov.org mm8932 @att.com Address for notices, if different from above: Street Address: 1116 Houston St Street Address City: Fort Worth State: TX Zip Code: 76102 City With a copy to: State Zip Code AT &T Corp. USA One AT &T Way, Bedminster, NJ 07921 -0752 Attn: Master Agreement Support Team E -mail: mast(c_att.com AT &T Authorized Agent or'Representative information if applicable Primary ' Sales Contact: Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code This Pricing Schedule is a part of the parties' Agreement referenced above. Customer agrees to purchase Service described in Sections I and II below, in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule, the Agreement, and in the applicable Tariffs. The Parties acknowledge and agree that this Pricing Schedule represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT &T business services purchased by Customer. The rates, terms and conditions of this Pricing Schedule are available only to qualifying entities under Texas HB2128. Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers. Service is provided by the AT &T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider. References to "Pricing Schedule" refer to this Pricing Schedule and any attachment attached hereto, and incorporated by reference herein. This Pricing Schedule is effective on the date this Pricing force and effect for the Term of the Pricing Schedule as iden r Customer hereby acknowledges receipt of the AT& Service which describes the physical conditions of custom installed. Note: Customer site preparation is a major factor 0 Above statement does not apply. Customgr_(hy its Printo Typ( Name: ` s Title: A Date: IJ -) -dule is last qirtnwl ective Date ") and shall remain in full [J bel��o!!w..et >1Td1TRR t0"MIG0 &PR pa ration document for the fiber -based "ESEOMTARWade available before Service can be acting service implemen lion dates. FT. WORTH, TX representative) I AT &T (b 1ti,) B . Printed CA L NDA SM t.5 Name: CpNTMCTsKCaW.CWOKRCONTRACTS n/ln rv� �e o Title: _4 Date SW- 1869TX APPROVEb 4,c F ;,R I o 3 Texas-HB2128-PS Assistant r.itq A ;,,e�: 01/06/12, J. Myser, City Tod ®�� o.�� �, X AT&T ILEC Intrastate Tariff Network Services Pricing Scheuuie g a 0+ for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms Service Provider: Southwestern Bell Telephone Company d /b /a AT&T Texas Order Type: ❑ New Install ® Renewal of Service Order Information and Term: I. Service: Renewal of 15 HB2128 Opteman circuit. see attachment 1 for list of circuits II. Service Location(s): AT &T will install and maintain Service at the quantities and Service location(s) as listed on Attachment 1. III. Service Term ( "Term" or "Minimum Payment Period "): 36 Months IV. Existing Circuit ID(s) (if applicable): see attachment 1 V. Requested Installation Date: 2/2/2012 VI. Rates and Charges: In accordance with the Terms and Conditions attached hereto and incorporated herein by this reference, AT &T shall provide Service in the quantities and at the locations designated in Attachment 1 at the monthly recurring rates and one -time non - recurring charges designated in Attachment 1. VII. Jurisdiction. Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent (10 %) or less of the total traffic on the Service. VIII. Attachments. Attachment 1 for Service Quantities, Locations, Monthly Rate and Non - Recurring Charges is attached hereto and incorporated herein by this reference. VIX. Additional Terms and Conditions: The terms and conditions for Service set forth in this Pricing Schedule are in addition to those contained in the applicable Tariff(s). A. Service Term. For the Service(s) offered under this Pricing Schedule, the Term for all Services shall begin on ( "Term Start Date ") (1) if this Pricing Schedule is only for "New Install" as checked above, on the date when the first Service at the first Customer Site is installed and available for use by Customer pursuant to this Pricing Schedule, or (2) if this Pricing Schedule is for "Renewal of Service" as checked above, on the Effective Date, and will continue for the Term as listed above. No rates or discounts shall be applied prior to the Term Start Date. Upon the expiration of the Term, no rates or discounts provided under this Pricing Schedule will apply to such Service. This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing Schedule. B. Payments. Payment is due within 30 days after the date of the invoice and must refer to the invoice number. Charges will be quoted and must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT &T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney's fees. AT &T may charge late payment fees as specified in the applicable Tariff, at the rate specified therein. C. Termination for Convenience. The following termination provisions are only applicable to Services provided pursuant to this Pricing Schedule. 1. If Customer cancels this Pricing Schedule prior to the Term Start Date, Customer will reimburse AT &T for time and materials incurred prior to the effective date of termination, plus any third -party charges resulting from the termination. 2. If Customer terminates Service(s), in whole or in part, for any reason other than default by AT &T, or AT &T terminates for Customer's default, on or after the Term Start Date but before the scheduled completion of the Term, Customer shall pay a termination liability of an amount equal to (a) all unpaid non - recurring charges (excluding non - recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50 %) of the recurring monthly charges rate for the terminated Service(s) as set forth in this Pricing Schedule, multiplied by the number of months remaining in the term for the applicable Service at the point of termination, and (c) any special construction liabilities. These charges shall become due and immediately payable upon termination. SW- 1869TX Page 2 of 3 01/07/10v2 lv9099 Texas—HB2128—PS AT&T ILEC Intrastate Tariff Network Services Pricing Schedule at$t+L for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms 3. Tariff and Regulations. This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. AT &T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Service pursuant to the terms and conditions in the Tariff. This Pricing Schedule may be filed with the appropriate state commission. If approval is required and not obtained, then this Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non - recurring charge paid and pre -paid amounts for Service not received. 4. Governing Law. This Pricing Schedule and any claims arising hereunder or related hereto, whether in contract or tort, shall be governed by the domestic laws of the State of Texas. 5. Entire Agreement. In addition to the provisions in this Pricing Schedule, Services are governed by the Agreement, applicable Texas state Tariffs, the Texas Public Utility rules and regulations, and the Texas Utilities Code. In the event of conflict or discrepancy between provisions of this Pricing Schedule and provisions of the applicable Tariff as modified by the Texas Utilities Code, the order of priority will be (1) the provisions of the Texas Utilities Code, (2) Texas Public Utility rules and regulations, (3) this Pricing Schedule, (4) the Agreement, and (5) Tariff. This Pricing Schedule, the Agreement and the applicable Tariff(s), as modified, constitute the entire agreement between the parties with respect to the Services provided under this Pricing Schedule, and supersedes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Pricing Schedule will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Pricing Schedule. For AT &T internal use only Billing Telephone Number for Existing service, if applicable: 817- 143 - 1798 -454 End of Document SW- 1869TX Page 3 of 3 01/07/10v2 Iv9099 Texas_HB2128_PS di Z x O F- U W J W 2 F- O w 0 LL LL 0 F- U Lii Q Z w W 2 O F- N U c E 0 U Z O Q G! 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DISCUSSION: Employees are provided access to information systems and resources via the City's data network. This network provides the connectivity required for technology such as computers, workstations, video, etc. A key component of this connectivity is one or more telecommunications circuits provided by public telecommunication providers. AT &T is one of the City's primary telecommunication providers. The City's current agreement with AT &T has expired. This agreement includes services such as high bandwidth and fiber optic type technologies. Staff recommends the execution of a universal service agreement with AT &T to support network connectivity. In awarding specific telecommunication orders for service, staff continues to broaden its use of telecommunication vendors. Specific telecommunication service orders are competitively awarded to telecommunication vendors based on price, service and capacity to ensure the City is getting the best value. This Universal Agreement allows the City to Use AT &T where appropriate. The State of Texas Department of Information Resource is authorized to offer the cooperative purchasing programs to state agencies, public institutions of higher learning, public school districts and local governments. Pursuant to Government Code Section 791.025, a local government that purchases goods and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. ADMINISTRATIVE INCREASE - An administrative amendment or increase may be made by the City Manager for an amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the IT Solutions http: // apps. cfwnet. org /coundl_packet/mc _ review.asp ?ID= 14513 &councildate = 3/1/2011 (1 of 2) [3/2/2011 1:33:54 PM]