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HomeMy WebLinkAboutContract 42545 2011101 _VD Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory &t in the State of Texas Pursuant to Tariffs)and/or Guidebook at CITY SECRETARY CONTRACT NCB, Pricing Schedule to AT&T Agreement Reference No. 138256AU CUSTOMER "Customer" AT&T "AT&T" City of Fort Worth For purposes of this Pricing Schedule, AT&T means the Street Address: 1000 Throckmorton Service Provider(s)specifically identified herein. city: Fort Worth State:TX Zip Code: 76102 Billing Address(if different) Street Address: City: State: Zip Code: CUSTOMER Contact(for Contract Notices) AT&T Sales Contact Information and for Contract Notices ® Primary Sales Contact Name: Marilyn Marvin Name: Mark McCarty Title: IT Network Services Title: Account Manager Telephone: 817-392-6689 Fax: Telephone: 817-854--9463 Fax: 214--761-8164 Email: Email: maril n.marvin@ fortworth ov.or mm8932 Cap att.com y g g Address for Notices Street Addres s: 1115 Houston St ❑ Same as Cust. Address above ❑ Same as Billing Address City: Fort Worth State:TX Zip Code: 76102 Address for Notices(if differeni) With a copy to: Street Address: AT&T Corp. City: State: Zip Code: One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Authorized A gent or Representative Information if applicable)❑ Primar Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Telephone: Fax: Email: Agent Code This Pricing Schedule ("Pricing Schedule") is an attachment to the Master Agreement between AT&T and Customer referenced above, and is part of the parties' Agreement. 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, and, where required, that this Pricing Schedule will be filed with the state commission with competent jurisdiction over the service offering provided hereunder. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider within its respective service area. References to "Pricing Schedule" refer to this Pricing Schedule and any attachments attached hereto, and referencing this document. ] By initialing, Customer hereby acknowledges receipt of the AT&T customer building/site preparation document for OPT- E-MAN Service, which describes the physical conditions of customer premises that �ailable before Service can be installed. Note: Customer site preparation is a major factor impacting service implemen a ion a es. Service Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas . A r ►• r L ec L; L"r Custo its author ed representative) AT&T(by its authorized representative) Apo aa� Ak 46 0 . , c a a�q, B . �~ �. Print 4d or yped Printed or Typed o° Named Name: NCfZ a o �nntract Manager -�- Qp i 1k Title: � Title: c� �a Date: Date: v a ° M d.:v} i JAKY ata ICB-P5#,260123 AT nd Custom r Confidential Information S Telc� _(when A included= eCF�M# 1-KHQFIV 7SJ PAc PT*61 f6a) 0111 W6197 10-6-11 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s)and/or Guidebook GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscribed to by Customer under this Pricing Schedule. 1. DEFINITIONS "Cutomer" of a Service Component occurs when the Service Component is first provisioned and made available for Customer's use at any single Site pursuant to this Pricing Schedule. 2. GENERAL DESCRIPTION OF SERVICE(S)TO BE PROVISIONED, INSTALLED AND MAINTAINED. Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariffs) and/or Guidebook. The order of priority of the documents that form this agreement is: this Pricing Schedule; the Master Agreement; and Tariffs and/or Guidebook; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. Service Description OPT-E-MANO OPT-E-MAN 0 Service. OPT-E-MANO Service transparently interconnects two or more Customer locations within a Metropolitan Area Network(MAN) as if they were segments on the same LAN using packet-based switching technologies. OPT-E-MANE Service provides dedicated bandwidth from 2 Mbps up to 1 Gbps. The handoff to Customer will be a 1 0/100 Mbps or 1 Gbps Ethernet interface. Customers may connect any two or more locations together, as long as they are in the same LATA or MAN and OPT-E-MANO Service is available. OPT-E-MANO Service offers logical point-to-point or point- to-multipoint or multipoint-to-multipoint configurations that support Ethernet-to-Ethernet LAN connections. If Customer connects to the OPT-E-MAN network using a bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC)addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be assigned additional charges,with a limit of 100 MAC addresses total per port as set forth in the applicable Tariff or Guidebook. 3. TERM START DATE; PRICING SCHEDULE TERM; MINIMUM PAYMENT PERIOD; PROVISION OF SERVICES AFTER PRICING SCHEDULE TERM Unless otherwise stated herein, the Term Start date shall begin on the later of (1) Cutover of the first Service Component at the first Customer Site, or(2)the Effective Date or(3)the date of approval of this Pricing Schedule by an appropriate regulatory body, if regulatory approval is required for this Pricing Schedule for the Services). The term of this Pricing Schedule shall be thirty-six (36)months after the Term Start date ("Pricing Schedule Term"). The Minimum Payment Period for all Service Component quantities listed in section 11.2 installed within three(3)months after the Term Start date is until the end of the Pricing Schedule Term. The Minimum Payment Period for all other Service Component quantities in section 11.2 will be thirty-six(36) months. Rates or discounts under this Pricing Schedule shall be applied on the Term Start date. Upon the expiration of the applicable Minimum Payment Period, no rates or discounts provided under this Pricing Schedule will apply to the Services). Upon expiration of the applicable Minimum Payment Period, Customer will have the option to either(a)cease using the Service(s) (which will require Customer to take all steps required by AT&T to terminate the Services}), or (b) continue using the Service(s) on a month-to-month service arrangement, during which the prices in the Pricing Schedule will automatically be changed to the then-current monthly extension rates (if any) or month-to-month rate specified in the applicable Tariff or Guidebook. After expiration of the applicable Minimum Payment Period, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. This Pricing Schedule will expire when Service(s)or Service Component(s) are no longer provided under this Pricing Schedule. ICB-PS#,260123 AT&T and Customer Confidential Information S Telco Data (when CA included=96a) eCRM# 1-KHOFIV S ICES Telco PS v.06/30/11 M k6197 10-6-11 Page 2 of 5 %wool* Pricing Schedule ibr ILEC Services Provided Within AT&T's Franchise Territory at&tIn the State of Texas Pursuant to Tars)and/or Guidebook 4. ADDITIONAL I NML L&MN.-&M.MOVES ANQ C "Add or Upgrade in Service'is defined as: tonal Service(s)or Service Corrtponent(s),or upgrade to a higher bandwidth capacity (increase in the Committed Information Rate (CIR)), and/or to a higher Grade of Service, at locations) listed in Section 12 of this Pricing Schedule. Add or Upgrade in Service pernrritted under this Pricing Schedule is defined by Service Category in Section 4.1 below and limited to Add or Upgrade in Service wiftn the sperifled category of Service. If the equipment and facilities(such as outside plant, cable, capacity and memory)are available, Service pro vided heroin as requested by Custorrw as a Add or Upgrade in Service will (unless otherwise provided below) be at the montlhly recurring rafts and no charges if a =— w. as in Section 11.2. If the equipment or facdities are not available,special coi wh uction charges nmy apply. For addRional Service, Gamer will be responsible for payment for the new Sen *Comporient(s)in addition to the any Serve s)iriftly or subaequerttiy installed under this Pricing Schedule. For an Upgrade, Customer wil be responsible fbr payment for the Upgraded Service Component(s)in lieu of the charge for the Service Components)rem"the Upgrade and the Upgrade wit#be coterminous with the I1fnknum Payment Period for the Service Component(s)being Upgraded,but downgrade of any Service Components)YAH result in termination charges as identified elsewhere within this Pricing Schedule. Upgrades may be purchased at any time during the Pricing Schedule Terns. Unless otherwise staffed herein, for aN other installations, adds, moves and changes of any Service Component provided hereunder, Customer will pay the prevaiktg Tariff or Guidebook recurring and nonivocurring charge. If the Service or Service Component is available only under an individual case pricing, then for all other installations, adds, moves and changes of any Service or Service Component provided hereunder Cusbrner will pay AT&Ts price for such it Nation, acid,move or Vie,as delemnined by AT&T at the time of the installation,add,move or change. For the Service Component(s)listed under the'Quantity Novi'column in Section 11.2 below,the monthly seas per USOC as provided in Section 11.2 includes the non-recurring charge(or portion thereof)to initially provision and install the new Service(s). The Minimum Payment Period for all new Service(s)will end on the expiration date of this Pricing Schedule. Adds may be purchased at any time during the Pricing Schedule Tenn. Terrninallon liability as idea fled in#ttis Pricing Schedule appWw for all Add or Upgrade in Service. 4.1. Add&Upolaft C rvh*cater OPT-E-MAIVO Upgrade in Bandwidth(CIR)and/or Grade of Service at a location fisted in Section 12 of this Pricing Schedule is aliowed as described in Section 4 above. Additional Service at a location listed in Section 12 of this Pricing Schedule is allowed as described in Section 4 above. 5. PRICING Customer wi I I pay the rates set forth in Section 11.2 below. The rates and charges stated in this Pricing Schedule are stabilized until the end of the Pricing Schedule Term, and apply in lieu of ttte coireWriding rates and charges set kx d in the applicable Tariff or Guidebook. No discount; n,credit or waiver set forth in a Tariff or k aria apply unless l y set forth herein,and when set forth herein, such cis c vunt;,promotion,credit or waiver shah orgy be applied in the manner set forth in the applicable Tariff or Guidebook. No other discount,promotion,credit or waiver set forthh in a Tariff or Guidebook wiN apply. ICB-PS#,280123 AT&T and Cuskww Confidw 1W Intofinadoi S Tolco_Oate_(rAven CA Ox*ided=96a) eCRM#1-KHQFIV Page 3 of 5 S ICS Telco PS x.0&30/11 Mk8197 11-01-11 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory f i n the State of Texas Pursuant to Tariffs and/or Guidebook at&t } 6. TAXES&OTHER CHARGES 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Tariff(s)or Guidebooks). 6.2 Additional Charges and Taxes. Rates set forth in this Pricing Schedule and the Tariff(s) or Guidebook(s) are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, end user access charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF PRICING SCHEDULE TERM OR MINIMUM PAYMENT PERIOD (E.G., TERMINATION FOR CONVENIENCE 7.1 If Customer cancels Services), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to Cutover, the Customer must reimburse AT&T for all expenses incurred in processing this Pricing Schedule and installing the required equipment and facilities completed up to the date of cancellation, and termination liability as provided in this section below shall not apply. 7.2 Subject to Sections 8.5 and 8.6 of the Master Agreement If Customer terminates a Service or Service Component, 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 Pricing Schedule Term or Minimum Payment Period applicable to such Service or Service Component, Customer shall pay a termination liability of an amount equal to all unpaid non-recurring charges (excluding non- recurring charges that were waived or incorporated into the monthly recurring rates), and fifty percent (50%) of the monthly recurring charges rate for the terminated Service or Service Component as set forth in this Pricing Schedule, multiplied by the number of months remaining in the Minimum Payment Period applicable to such Service or Service Component at the time of termination. 7.3 Unless otherwise stated herein, Service(s) provided under this Pricing Schedule must remain at the location(s) at which the Service(s) are installed for the entire Pricing Schedule Term or the Minimum Payment Period applicable to such Services). If Customer fails to maintain the Service(s) provided under this Pricing Schedule at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 8. TARIFFS AND REGULATORY REQUIREMENTS 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. Therefore, for this purpose, this Pricing Schedule will be deemed to be a separate agreement with respect to the Services offered in a particular jurisdiction. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Services pursuant to the terms and conditions in the Tariff or Guidebook. If approval is required and not obtained,then this Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non-recurring charges paid and pre-paid amounts for Services not received. 9. SPECIAL TERMS AND CONDITIONS 9.1 Texas Terms and Conditions. To the extent this Pricing Schedule relates to regulated Services provided in Texas, Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers. ICB-PS#, 260123 AT&T and Customer Confidential Information S Telco_ Data_(when CA included=96a) eCRM# 1-KHOFIV Page 4 of 5 S ICB Telco PS v.06130111 W6197 10-6-11 Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory '%w�-. at in the State of Texas Pursuant to Tariff(s)and/or Guidebook 10. SERVICES AND JURISDICTION CERTIFICATION 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. 11. CUSTOMER COMMITMENT AND RATES 11.1. Customer Commitment SERVICE QUANTITY COMMITMENT AS SPECIFIED IN SECTION 11.2 Customer agrees to purchase the Service(s) identified in Section 11.2 in the quantities identified in Section 11.2 for the duration of the applicable Minimum Payment Period. Customer must order at least the specified quantities of each of the New Service Components identified in Section 11.2 below and have them installed within three (3) months after the Term Start Date, excluding AT&T delay. If not, a monthly shortfall charge will apply equal to 50% of the Monthly Recurring Fate for each such Service Component not installed by the end of such time period until Service Component is installed or terminated and if terminated, early termination charges shall apply as if the Service had been installed. 11.2 Rates Service Components,Quantities, Monthly Rates Description—Service Components 1 Quantity Quantity Monthly p Service USOC Recurring New Existing g Rate,each OPT-E-MAN Basic Connection 101100 Mb s 1 P9FEX 2 0 $325.00 OPT-E-MAN CIR - 100 Mb s Bronze 1 R6ELB 2 0 $600.00 12. SERVICE LOCATIONS LOCATION CLLI 12200 OLD WEATHERFORD RD ALEDO,TX ALEDTXDM 1511/1519 11 AVE FORT WORTH,TX FTW PTX F P End of Document ICB-PS#, 260123 AT&T and Customer Confidential Information S Telco.Data (when CA included 96a) eCRM# 1-KHOFIV S ICB Telco PS v.06130111 Mk6197 10-6-11 Page 5 of 5 M&C Review Official site of the City of Fort Worth, Texas! 1kr Im RTH, 4 C1 It A A., ------------------------------ 4............... Om ------------------------ . .......... -%X k 95N: -g ---- --------------------- a m 11150 � REFERENCE 04AT&T DATE: 3/1/2011 NO.: C-24756 LOG NAME: TELECOMMUNICATION SERVICES CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Universal Agreement for Telecommunications Services with AT&T for the Information Technology Solutions Department Using a State of Texas Department of Information Resources Contract at an Annual Cost Not to Exceed $2,400,000.00 RECOMMENDATION: It is recommended that the City Council authorize AT&T to provide telecommunications services at multiple City of Fort Worth sites for the Information Technology Solutions Department using State of Texas Department of Information Resources Texan 2000 SW13-LS contract at an annual cost not to exceed $2,400,000.00. 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-pwket/mc—review.asp?ID=14513&councildate=3/l/20ll(1 of 2)[3/2/2011 1:33:54 PM] M&C Review Department and approved by the M/WBE mice because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS-This agreement will begin March 1, 2011 and expire August 31, 2011. RENEWAL OPTIONS -This agreement may be renewed in accordance with the terms of the DIR Texan 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/CERTIFICATIQN:_ r�n.inn.imnrr 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: FROM Fund/Account/Centem P168 535080_ 4 00 $21400,000.00 Submitted for city Manager's offlcs_b Karen Montgomery(8222) Originating Department Heady Peter Anderson(8781) Additional Information contact: Steve StreifFert(2221) ATTACHMENTS http://apps.dwnet org/c u id_padcet/niq revlew.asp?ID=14513&ooundldate=3/1/2011(2 of t)[3/2/20111:33:54 PM]