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HomeMy WebLinkAboutContract 45011 (2)V/)te13C3/4F41 -/15 CITY SECRETARY CONTRACT N0. '71 Agency #FI I l 1 U y Department of Information Resources Communications Technology Services Division Service Agreement This service agreement is between the Department of Information Resources/Communications Technology Services Division (DIR/CTS) and the Customer. It is the intent of the parties to comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act and/or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter 2170, Telecommunication Services, Texas Government Code. I. DIR/CTS Responsibilities 1.1 DIR/CTS agrees to provide Customer with connectivity through various transmission methods to the TEX-AN network for specific communications services including, but not limited to, video, voice, routed data, Internet and/or equipment (hereinafter "services"). 1.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of the services. 1.3 DIR/CTS will bill monthly for services, as required and respond to inquiries regarding Customer's bill. DIR/CTS shall commence billing for services as they are provisioned. II. Customer Responsibilities 2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services Division, 1 TAC Chapter 207, as the same may be amended from time to time. 2.2 Customer has the responsibility to cooperate and coordinate with DIR/CTS so as to avoid delaying DIR/CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's responsibility to designate, in a timely manner; the types of service desired and provide DIR/CTS with information which may affect technical, logistical, engineering, or equipment aspects of service delivery. The Customer is exclusively responsible for any equipment added to their premises for connectivity to TEXAN services. Customer shall keep DIR/CTS promptly informed of its billing contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay DIR/CTS in the delivery of ordered services, is not a condition of Force Majeure. 2.3 Payments will be made in full within 30 days of notification that the TEX-AN invoice is available for retrieval from DIR/CTS's secured website. Customer represents that it possesses sufficient current revenues to satisfy the timely payment of goods and services provided by DIR/CTS hereunder. In all events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered and received up through the effective date of termination of services. Customer agrees it has no rights to set off against bills received from DIR/CTS. Customer's covenant to pay survives termination of this Service Agreement. 2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer accepts this risk and understands that it shall be solely responsible to pal! all charges, which may result from toll fraud or unauthorized use of its premise tquipniT ii Customer hereby releases and waives any Page 1 2OE13 E � Service Agreement 201?F I V� � claim it may have now or in the future against DIR/CTS for the payment of charges arising from toll fraud or other unauthorized use on its premise equipment. 2.5 Customer is a qualified entity to receive goods and services from DIR/CTS. Services will terminate without liability to DIR/CTS should Customer's eligibility status change during the term of this Service Agreement. III. Term The term of this Service Agreement begins on the date of the last party to sign and is in effect until all services are terminated or the Service Agreement is terminated in accordance with Article V hereof. Please note that service terms may differ from vendor to vendor and from services to service and these terms are reflected on the services order forms. IV. Billing 4.1 DIR/CTS's first month's billing for any circuits provisioned will commence on the date provisioning is completed. 4.2 DIR/CTS will cease billing circuits on the date disconnection is completed. 4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is disconnected. 4.4 In compliance with Title I, Chapter 207 Rule number 207.11, of the Texas Administrative Code* customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment Act, Chapter 2251, Texas Government Code. V. Termination and Amendments 5.1 DIR/CTS may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by Customer no less than thirty (30) days prior to the Effective Date of termination. DIR/CTS may terminate any Service Agreement for cause with an immediate Effective Date, by issuing written notice to Customer, upon failure of Customer to make timely payment of bills In addition to termination of services, DIR/CTS may notify the State Comptroller of Public Accounts (CPA) Office of the Customer's debt to the state and request the Customer be placed on the Payments on Hold List until payment for services is received. 5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by DIR/CTS no less than thirty (30) days prior to the Effective Date of termination. A Customer request to change a service shall not take effect until Customer provides written notice to DIR/CTS of any changes to ordered services. If DIR/CTS does not receive written notification, the Customer will continue to be billed monthly until proper notification is received. No written termination notice shall be effective prior to the expiration of thirty (30) days after receipt by DIR/CTS. 5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in writing by authorized representatives of DIR/CTS and the Customer. Page 2 Service Agreement 2013 VI. Other Conditions of Service 6.1 Service rates are subject to change by DIR/CTS upon 30-days written notice to Customer. 6.2 No conflicting terms or conditions found in Customer orders or fonus shall become a part of this Service Agreement. 6.3 If service and/or communications projects are canceled at any time prior to completion, Customer shall be responsible for all actual costs incurred by DIR/CTS up to the date of cancellation. DIR/CTS will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a proj ect. 6.4 DIR/CTS relies on third party contractors for the fulfillment of services contracted for hereunder. Therefore, DIR/CTS makes no independent warranties or guarantees, express or implied, regarding said services. 6.5 The following terms have the meaning indicated for purposes of this Service Agreement: "Force Majeure' means the parties' performance under this Service Agreement shall be adjusted or suspended by mutual agreement to the extent performance is beyond the reasonable control of the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood, lightning, government action, acts of God or public enemy, delays of power company, local exchange company, or other carrier. Failure of Customer to coordinate and cooperate so as to delay DIR/CTS is not an event of Force Majeure In the event of Force Majeure, the sole and exclusive remedy to the party suffering the delay shall be an equivalent extension of the time for performance. The parties shall document to one another the onset of events of Force Majeure within three days of their onset. "Provision" and "provisioning' means DIR/CTS has acquired, arranged for or provided at the Customer's site, the equipment, supplies or other items necessary to provide the ordered service(s), but does not mean the actual act(s) of turning up the ordered service(s) VII. Customer Service Resources Customer Service Resources may be found at httn://www.dir.texas.gov/cts/Pages/cts.aspx . Inquiries regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877-472-4848, option 4 or 512-463-7800. Page 3 Service Agreement 2013 le--err-ctsocussii-- its Customer hereby agrees to the terms and conditions of this Service Agreem en t; represents that the official executing this Service Agreement is authorized to bind the Customer to its terms; and that Customer has completed all of its internal processes to make this a binding undertaking on the part of Customer. CUSTOMER: glektm BY: ca'ALet- aJoe--- NAME: U nt' E�asin TITLE: DATE: s/a4ln y �.� - .t. • t\&t1e is Be 'TamarsAly w• L 4R ant City Z to a _/� )/ 1;74(,%, Ppn'e-vl 6 Page 4 Service Agreement 2013 DEPARTMENT OF INFORMATION RESOD' CES BY: NAME :10 itof TITLE: Director, Conimunications Technology Services DATE: ` j 3 Office of General Counsel � RLCORD CITY 5CRETARY FE WORTH, TX M&C Review Official site of the City of Fort Worth, Texas COUNCIL ACTIOW Approved, on;8/20/2813= - 04TX DIR LONG DISTANCE AND DATE: 8/20/2013NRE:FERENCE *w C-26399 LOG NAME: TELECOMMUNICATION NETWORK SERVICES CODE: C TYPE* CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Service Agreement with the State of Texas Department of Information Resources at an Annual Amount of $484,000.00 for Long Distance and Telecommunication Network Services Using a Texas Agency Network Next Generation Contract for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Service Agreement with the State of Texas Department of Information Resources at an annual amount of $484,000.00 for long distance and telecommunications network services using a Texas Agency Network Next Generation Communications Technology Service Agreement, TEX-AN-NG-CTSA-005, contract for the Information Technology Solutions Department. DISCUSSION: The Information Technology (IT) Solutions Department will use the Communications Technology Service Agreement with the State of Texas Department of Information Resources (DIR) to provide a portion of its telecommunication services including long distance services for all City Departments. A portion of the City's data telecommunications network and all long distance services are provided through the DIR Texas Agency Network Next Generation Communications Technology Service Agreement (TEX-AN NG) contract. The contract is designed so that local entities may enter into Agreements with the DIR for long distance services and selected data network facilities. The cost per minute for service under the TEX-AN NG contract will range from approximately two to six cents depending upon the call destination. The State of Texas DIR is authorized to offer the Cooperative Purchasing Program 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 CHANGE ORDER - An Administrative Change Order or increase may be made by the City Manager for the Service Agreement in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by the IT Solutions Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services is from source(s) where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS - Upon City Council's approval this Agreement will begin on August 13, 2013 and expire on July 1, 2016, to coincide with the expiration date of the DIR contract. http://apps.cfwnet.org/counctlj,acket/mc_revtew.asp?1D=18768&councildate=8/20/2013[8/21/2013 8:40:37 AM) M&C Review RENEWAL OPTIONS - This Agreement may be renewed in accordance with the 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 obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION.: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Information Systems Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers PI68 535080 004600Z $484.000.00 Susan Alanis (8180) Peter Anderson (8781) Marilyn Marvin (6689) Steve Streiffert (2221) http://apps.cfwnet.org/council packet/mc_review.asp?ID=18768&councildate=8/20/2013[8/21/2013 8:40:37 AM)