HomeMy WebLinkAboutContract 42440 oil CITY SECRETARY
CONTRACT No....�L4 0 2 0 11.
, ,A Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory
� ' at&t in the State of Texas
Pursuant to Tariff(s)and/or Guidebook
Pricing Schedule to AT&T Agreement Reference No. 138256UA
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 Lead Title: Account Manager
Telephone: 817-392-6068 Fax: 817-293-8654 Telephone: 817-884-9463 Fax: 214 761-8164 Email:
Email: marilyn.marvin @ fortworth ov.or mm8932 9 att.com
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Address for Notices Street Address: 1116 Houston St
® Same as Cust.Address above ❑ Same as Billing Address City: Fort Worth State:TX Zip Code: 76102
Address for Notices if different With a copes_
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 Agent or Representative Information if applica ble ❑ Primary 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 prepay i #REOORD
E-MAN Service which describes the physical conditions of customer.premises that must be made availabl he
installed. Note: Customer s site preparation is a major factor impacting service implementation dates.
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Seo,4ce Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas FT. WORTH, Tx
stomer by its authorized representative} AT&T Eby its authorize en a ive
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eCRM SR 1-J2ZSWK AT&T and Customer Confidential Information S Telco_Data_(when CA included=96a)
C11674 071911 RLR 247487 Page 2 of 6 S lCB Telco PS v.06/30/11
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Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory
at&t 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
"Cusomer"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 SERVICES TO BE PROVISIONED INSTALLED AND MAINTAINED.
Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariff(s) 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®Service. OPT-E-MAN®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-MAN®Service provides dedicated bandwidth from 2 Mbps
up to 1 Gbps. The handoff to Customer will be a 101100 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.
eCRM SR 1-J2ZSWK AT&T and Customer Confidential Information S Telco Data(when CA included=96a)
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Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory
�` at&t in the State of Texas
Pursuant to Tariffs and/or Guidebook
4. ADDITIONAL SERVICES INSTALLATION ADDS MOVES AND CHANGES
"Add or Upgrade in Service" is defined as: Additional Service(s) or Service Components), or upgrade to a higher bandwidth capacity
(increase in the Committed Information Rate (CIR)}, and/or to a higher Grade of Service, at location(s) listed in Section 12 of this
Pricing Schedule.
Add or Upgrade in Service permitted under this Pricing Schedule is defined by Service Category in Section 4.1 below and limited to Add
or Upgrade in Service within the specified category of Service. If the equipment and facilities (such as outside plant, cable, capacity
and memory) are available, Service provided herein as requested by Customer as a Add or Upgrade in Service will (unless otherwise
provided below) be at the monthly recurring rates and non-recurring charges, if applicable, as provided in Section 11.2. If the
equipment or facilities are not available, special construction charges may apply. For additional Service, Customer will be responsible
for payment for the new Service Component(s) in addition to the any Service Component(s) initially or subsequently installed under this
Pricing Schedule. For an Upgrade, Customer will be responsible for payment for the Upgraded Service Component(s) in lieu of the
charge for the Service Component(s) receiving the Upgrade and the Upgrade will be coterminous with the Minimum Payment Period for
the Service Component(s) being Upgraded, but downgrade of any Service Component(s)will result in termination charges as identified
elsewhere within this Pricing Schedule. Upgrades may be purchased at any time during the Pricing Schedule Term.
Unless otherwise stated herein, for all other installations, adds, moves and changes of any Service Component provided hereunder,
Customer will pay the prevailing Tariff or Guidebook recurring and non-recurring 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 Customer will pay AT&T's price for such installation, add, move or change, as determined by AT&T at
the time of the installation, add, move or change.
For the Service Components)listed under the"Quantity New"column in Section 11.2 below,the monthly rate per USOC as provided in
Section 11.2 includes the non-recurring charge(or portion thereof)to initially provision and install the new Services).
4.1. Add&Upgrade Capability
Service Category Add&Upgrade Capability
OPT-E-MAN@ Upgrade in the Committed Information Rate(CIR)or Grade of Service up to the maximum speed
supported by the physical connection and/or available for Service(whichever is lower),at a location
listed in Section 12 of this Agreement is allowed as described in Section 4 above. The rate applied
to the upgraded Service Component(s)will be 25%discount off of the Tariff or Guidebook rates then
in effect for the higher speed CIR or Grade of Service for the term plan equal to the Agreement Term,
or if no such term plan exists then the next lower term plan. The upgrade rates may not be
applicable to Upgrades which require physical changes to AT&T's equipment or connections at the
customer premises.
5. PRICING
Customer will 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 the corresponding rates and charges set forth in the applicable Tariff or
Guidebook. No discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply unless specifically set forth herein, and
when set forth herein, such discount, promotion, credit or waiver shall only be applied in the manner set forth in the applicable Tariff or
Guidebook. No other discount, promotion,credit or waiver set forth in a Tariff or Guidebook will apply.
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
Tariffs)or Guidebooks).
6.2 Additional Charges and Taxes. Rates set forth in this Pricing Schedule and the Tariffs) 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,
eCRM SR 1-J2ZSWK AT&T and Customer Confidential Information S Telco_Data_(when CA included=98a)
Cl 1674 071911 RLR 247487 Page 4 of 5 S ICB Telco PS v.08/30/11
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Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory
at&t in the State of Texas
Pursuant to Tariff(s)� )and/or Guidebook
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 RRM, INATION 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 Section 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 (a) all unpaid non-recurring charges (excluding non-
recurring charges that were waived or incorporated into the monthly recurring rates), and (b) 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.
18. 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.
eCRM SR 1-J2ZSWK AT&T and Customer Confidential Information S Telco-Data-(when CA included=96a)
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Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory
i n the State of Texas
Pursuant to Tariff(s)and/or Guidebook
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 Rate 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
Service USOC New Existing ecurring
g Rate,each
OPT-E-MAN OPT-E-MAN-Basic Connect 10110oM 1 1 0 $487.50
P9FEX
1 0 $637.50
OPT-E-MAN Cl R Speed 1 OMb s Silver 1 R6EBC
12. SERVICE LOCATIONS
LOCATION A
13451 Wing Way Fort Worth Texas
End of Document
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M&C Review
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REFERENCE 04AT&T
DATE: 311 /210 11 NO.: C-24750 LOG NAME: TELECOMMUNICATION
SERVICES
CODE: C TYPE: NON- PUBLIC
CONSENT NEARING: NO
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 SWB-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 MIWBE subcontracting requirements was requested by the IT Solutions
http://apps.cfwnet.org/coundi_packet/mc_review.asp?ID=14513&coundldate=3/1/2011(1 of 2)[3/2/2011 1:33:54 PM]
e
s
M&C Review
Department and approved by the M/WBE office 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 acffon 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 INFCRMATIONXERTIFICATION:
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/Centers
P168 535080 0048002 $2,4OOz000.00
Submitted for City Manager's office by: Karen Montgomery (8222)
Originatina De artment Head: Peter Anderson (8781}
Additional Information Contact: Steve Streiffert (2221)
ATTACHMENTS
http://apps.cfvvnet.org/council_packet/mc_review.asp?ID=14513&councildate=3/1/2011(2 of 2)[3/2/2011 1:33:54 PM]