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HomeMy WebLinkAboutContract 45123 (2)c_,AN SECRE?ARVJJCI D-3 FORT WORTH CITY OF FORT WORTH COO ERATIVE PURCHASE CUSTOMER AGREEMENT This Cooperative Purchase Customer Agreement ("Customer Agreement") is entered into by and between AT&T Mobility National Accounts. LLC, ("Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas government entity, and a Customer as defined in Appendix A, Section 3A of the agreement between the State of Texas Department of Information Resources (the "DIR") and Vendor, D1R Contract No D1R SDD-1777, as amended, (the "DIR Mobility Agreement") with an effective date of April 12, 2012. This Customer Agreement shall be governed by the terms and conditions of the DIR Agreement, which is incorporated herein by reference and is available online at htto://www.dir.texas.gov/cts/wireless/Pages/Contract-DIR-SDD-1777.asnx or upon request from Vendor. The DIR Agreement expires on April 12, 2014. Authorized Customer is eligible and desires to purchase voice and data wireless services pursuant to the terms and conditions of the DIR Agreement as the DIR may specify from time to time, as well as the terms and conditions of this Customer Agreement so long as they do not conflict with modify, or weaken the DIR Mobility Agreement. The Authorized Customer agrees to the terms and conditions of the DIR Agreement as applicable. The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equipment and services provided hereunder. Additional Terms: Vendor agrees to provide wireless voice and data services to Customer for approximately 1,955 wireless lines that have been identified and agreed to by Vendor and Customer. Vendor agrees that the Authorized Customer's wireless administrator, or other designated employees of Authorized Customer, shall have the ability to replace defective in -warranty devices and data cards acquired under this Customer Agreement with equivalent or similar devices and data cards, or devices and data cards that are otherwise acceptable to the Customer, so long as such defective devices and data cards are within Vendor's warranty policy. Designated employees of Authorized Customer shall also have the ability to purchase replacement devices pursuant to contract rates and terms and conditions (if applicable, otherwise, pursuant to normal upgrade contract rates and terms and conditions) when devices are damaged and not otherwise covered by warranty. Such replacement devices may be obtained from Vendor's locations where warranty exchange services are made available. Vendor agrees that during the term of this Customer Agreement, and until the expiration of three (3) years after final payment under this Customer Agreement, or the final conclusion of any audit commenced during the said three years, Customer, or Customer's designated representative, shall have access to and the right to audit at reasonable times, all records involving transactions relating to this Customer Agreement necessary to determine compliance therewith, at no additional cost to the Customer. Vendor agrees that the Customer shall have access to such records during normal business hours. Customer shall provide Vendor with reasonable advance notice of any intended audits. The undersigned represents and warrants that he/she has the power and authority to execute this Customer Agreement, bind the respective Authorized Customer, and that the execution and performance of this Customer Agreement has been duly authorized by all necessary Authorized Customer action by M&C P-11449 approved on October 23, 2012. AT&T Mobility_City of Fort Worth Cooperative Purchase Customer Agreement - DIR SDD-1777 Page 1 of 2 110113revised_v4_tp1621 f?CEIVrD Nov i 5 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Authorized Customer has caused this Customer Agreement to be executed by its duly authorized representative to be effective as of this day of , 20 Customer Name: City of Fort Worth Autho ' : ignature Prin •d ame: Susan Alanis Title: Assistant City Manager Date: Approved as o grit . -d Legality: /►� sistant City Att. cn P 9 LA c) • con race Author 183ti0n t PAtol i®e AT&T Mobility_City of Fort Worth Cooperative Purchase Customer Agreement - DIR SDD-1777 Page 2of2 110113revised_v4_tp1621 Vendor Name: AT&T Mobility National Accounts, LLC uthorized Signature i Printed N Theresa P Title: Sr Contract Manager Date: November 1, 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review ITY COUNCIL, ENDA; COUNCIL ACTION: Approved on 10/2312012 DATE: 10/23/2012 REFERENCE **P-11449 LOG NAME: NO.: 13P12-0317 VOICE & DATA WIRELESSHO CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Purchase Agreement with AT&T Mobility National Accounts LLC, for Voice and Data Wireless Services, Using a Cooperative Contract for the Information Technology Solutions Department in the Amount of $500,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a purchase Agreement with AT&T Mobility National Accounts LLC for voice and data wireless services, using the State of Texas Department of Information Resources Cooperative Contract number DIR-SDD-1777, for the Information Technology Solutions Department in the amount of $500,000.00. DISCUSSION: The Information Technology Solutions Department (ITS) will use this Purchase Agreement for voice and data wireless services. The voice and data wireless services enables City employees the flexibility of accessing information when they are not in the office by inserting a wireless connector into a laptop or by using smart phones. Using this method to access information enables both management and field service employees to be more productive. Currently, the Police, Fire and Code Compliance departments' mobile data computers utilize AT&T Mobility National Accounts LLC wireless data cards to access the City's network. The Water Department is using wireless cards on their remote wastewater lift stations. There has also been some added usage by departments of iPads and smart phones on the AT&T Mobility network. ITS is recommending this change to the DIR cooperative for these items and service to save $148,718.00/year. PRICE ANALYSIS - AT&T offers various discounts to all DIR eligible customers with a one-year commitment. Monthly recurring plans are discounted at a minimum of 26 percent, and accessories are discounted a minimum of 30 percent off manufacturer retail sales prices. ITS reviewed the DIR price list and determined it to be fair and reasonable. COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of the item. DIR contracts were competitively bid to increase and simplify the purchasing power of government entities. M/WBE - A waiver of the goal for M/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made by the City Manager for the purchase Agreement in the amount of $50,000.00 and does not FORT WORT II http://apps.efwnet.org/counetl_packet/mc review.asp?ID=17599&councildate=10/23/2012[10/25/2013 9:14:56 AM] M&C Review require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM - Upon City Council's approval, this Agreement shall commence on October 24 2012 and shall expire on April 12, 2013 to coincide with the expiration date of the DIR contract. RENEWAL OPTIONS - This Agreement may be renewed for up to three successive one-year terms at the City's option and in accordance with terms of the DIR Contract. 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. Staff anticipates that the costs for renewal years shall remain the same as the first year. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropnated, of the participating departments. BQN\12-0317\HO TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manaaer's Office by,, Susan Alanis (8180) Oriainatina Denartment Head: Lena Ellis (8517) Harsh Oberoi (6610) Additional Information Contact: ATTACHMENTS Jack Dale (8357) http://apps.cfwnet.org/council_packet/mc review.asp?ID=17599&councildate=10/23/2012[10/25/2013 9:14:56 AM]