HomeMy WebLinkAboutContract 50123 + City Secretary Contract No.
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CITYSECR�ARY
` a PROFESSIONAL SERVICES AGREEMENT
(Information Technology)
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City" or "Client"), a home-rule municipal
corporation situated in portions of Tarrant, Denton, Johnson and Wise Counties, Texas, acting by and
through its duly authorized Assistant City Manager, and WINDSTREAM SERVICES, LLC,
("Contractor"), a Delaware limited liability company, on behalf of itself and its affiliates and acting by
and through[]Layne Levine its duly authorized[]President—Cloud&Connectivity.City and Contractor
are each individually referred to herein as a"party"and collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
I. This Agreement for Professional Services
2. Exhibit A—Statement Of Work Plus Any Amendments To The Statement Of Work
3. Exhibit B—Cost Schedule
4. Exhibit C—Milestone Acceptance Form
S. Exhibit D—Signature Verification Form
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents, the terms and conditions of this Professional Services
Agreement shall control.
The term "Contractor" shall include the Contractor, and its officers, agents, employees, representatives,
servants,contractors or subcontractors.
The term"City"shall include its officers,employees,agents,and representatives.
1. Scone of Services.
Contractor hereby agrees, with good faith and due diligence, to provide the City with
telecommunications services. Specifically, Contractor will perform all duties outlined and described in the
Statement Of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes, and
further referred to herein as the"Services."Contractor shall perform the Services in accordance with standards
in the industry for the same or similar services. In addition, Contractor shall perform the Services in
accordance with all applicable federal, state, and local laws, rules, and regulations. If there is any conflict
between this Agreement and Exhibit A,the terms and conditions of Exhibit A shall control.
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2. Term.
This Agreement shall commence upon October 25, 2017 ("Effective Date") and shall expire no
later than October 24, 2020 ("Expiration Date"), unless terminated earlier in accordance with the
provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed for
two(2)renewals at the City's option,each a"one(1)year renewal term."The City shall provide Contractor
with written notice of its intent to renew at least thirty(30)days prior to the end of each term.
3. Compensation.
The City shall pay Contractor an amount not to exceed $16,920.00 in accordance with the
provisions of this Agreement and Exhibit "B," Payment Schedule, which is attached hereto and
incorporated herein for all purposes. Contractor shall not perform any additional services for the City not
specified by this Agreement unless the City requests and approves in writing the additional costs for such
services. The City shall not be liable for any additional expenses of Contractor not specified by this
Agreement unless the City first approves such expenses in writing. City agrees to pay all invoices of
Contractor within thirty (30) days of receipt of such invoice. Contractor may charge interest on late
payments not to exceed one percent(1%).
4. Termination.
4.1. Convenience.Either the City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days written notice of termination.
4.2 Breach.If either party commits a material breach of this Agreement,the non-breaching Party must
give written notice to the breaching party that describes the breach in reasonable detail. The breaching
party must cure the breach thirty(30)calendar days after receipt of notice from the non-breaching party,
or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the
stated period of time,the non-breaching party may,in its sole discretion,and without prejudice to any other
right under this Agreement,law,or equity,immediately terminate this Agreement by giving written notice
to the breaching party.
4.3 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the City in any
fiscal period for any payments due hereunder,the City will notify Contractor of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the
Expiration Date, the City shall pay Contractor for Services actually rendered up to the effective date of
termination and Contractor shall continue to provide the City with Services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Contractor shall provide the City with copies of all completed or partially
completed documents prepared under this Agreement.In the event Contractor has received access to City
information or data as a requirement to perform Services hereunder, Contractor shall return all City
provided data to the City in a machine readable format or other format deemed acceptable to the City.
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5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's Services under
this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information.The City acknowledges that Contractor may use products,materials,or
methodologies proprietary to Contractor. The City agrees that Contractor's provision of Services under
this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products,
materials, or methodologies unless the parties have executed a separate written agreement with respect
thereto. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all
information provided to it by the City("City Information")as confidential and shall not disclose any such
information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in
any way. Contractor shall notify the City immediately if the security or integrity of any City information
has been compromised or is believed to have been compromised,in which event,Contractor shall,in good
faith, use all commercially reasonable efforts to cooperate with the City in identifying what information
has been accessed by unauthorized means and shall fully cooperate with the City to protect such
information from further unauthorized disclosure.
6. Right to Audit.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this Agreement,have access to and the right to examine at reasonable times once per calendar year
any directly pertinent books, documents, papers and records of the Contractor involving transactions
relating to this Agreement at no additional cost to the City. Contractor agrees that the City shall have
access during normal working hours to all necessary Contractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this section.
The City shall give Contractor not less than ten(10)days written notice of any intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision
allowing substantially similar audit rights such that Contractor is able to provide requested information to
the City.
7. Indeaendent Contractor.
It is expressly understood and agreed that Contractor shall operate as an independent contractor
as to all rights and privileges granted herein, and not as agent, representative or employee of the City.
Subject to and in accordance with the conditions and provisions of this Agreement,Contractor shall have
the exclusive right to control the details of its operations and activities and be solely responsible for the
acts and omissions of its officers,agents,servants,employees,contractors and subcontractors. Contractor
acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers,
agents,servants and employees,and Contractor,its officers,agents,employees,servants,contractors and
subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Contractor. It is further understood that the City shall in
no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants,
employees or subcontractors of Contractor. Neither Contractor, nor any officers, agents, servants,
employees or subcontractors of Contractor shall be entitled to any employment benefits from the City.
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Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of
itself,and any of its officers,agents,servants,employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY—EXCEPT FOR NEGLIGENT CONDUCT, CONTRACTOR'S LIABILITY FOR
SERVICES AND INSTALLATION SHALL NOT EXCEED CREDITS OFFERED BY
CONTRACTOR FOR OUTAGES PURSUANT TO CONTRACTOR'S THEN-EFFECTIVE
CREDIT POLICY. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMANGS (SUCH AS LOST PROFITS, LOST BUSINESS
OPPORTUNITIES,BUSINESS INTERRUPTION,LOSS OF BUSINESS DATA),ANY PUNITIVE
OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE, OR ATTORNEY'S
FEES.
B. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS,AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT (AS OUTLINED IN SUBSECTION C BELOW),ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT,TO THE EXTENT CAUSED BY THE NEGLIGENT
ACTS OR WILLFUL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SUBCONTRACTORS,OR EMPLOYEES.
C. INTELLECTUAL PROPERTY INFRINGEMENT—
Contractor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the
payment of attorney's fees, any claim or action against the City for infringement of any patent,
copyright, trade mark, service mark, trade secret, or other intellectual property right arising from
City's use of the Service(s), or any part thereof, in accordance with this Agreement, it being
understood that this agreement to indemnify,defend,settle or pay shall not apply if the City modifies
or misuses the Service(s). So long as Contractor bears the cost and expense of payment for claims or
actions against the City pursuant to this section 8, Contractor shall have the right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim; however,City shall have the right to fully participate in any and all
such settlement,negotiations,or lawsuit as necessary to protect the City's interest,and City agrees to
cooperate with Contractor in doing so and bear all expenses related to its participation. City agrees
to give Contractor timely written notice of any such claim or action, with copies of all papers
City may receive relating thereto.Notwithstanding the foregoing,the City's assumption of payment
of costs or expenses shall not eliminate Contractor's duty to indemnify the City under this Agreement.
If the Service(s),or any part thereof,is held to infringe and the use thereof is enjoined or restrained
or, if as a result of a settlement or compromise, such use is materially adversely restricted,
Contractor shall, at its own expense and option, and as City's sole remedy, either: (a) procure for
City the right to continue to use the Service(s); or (b) modify the Service(s) to make them/it non-
infringing,provided that such modification does not materially adversely affect City's authorized use
of the Service(s); or (c) replace the Service(s) with equally suitable, compatible, and functionally
equivalent non-infringing Service(s) at no additional charge to City; or(d) if none of the foregoing
alternatives is reasonably available to Contractor,terminate this Agreement,and refund all amounts
paid to Contractor by the City,subsequent to which termination City may seek any and all remedies
available to City under law. Notwithstanding the foregoing,Contractor shall have no liability for any claim,
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action, suit or proceeding based upon a third party patent infringement claim resulting from: (i) use of the
Services by the City or the City's end user in a manner not contemplated by or prescribed by this Agreement,
(ii)the combination, operation or use of the Services by the City with any software, hardware or third party
equipment not furnished by Contractor, or (iii) any alteration or modification to the Services without
Contractor's express written permission, where such claim would not have arisen but for such alteration or
modification. CONTRACTOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE
REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN SECTION 10 OF THIS
AGREEMENT.
9. Assignment and Subcontracting.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. However, Contractor has the right to assign,
convey or otherwise transfer its rights,title, interest and obligations under the Agreement, in whole or in
part,to any entity controlled by,controlling or under common control of the Contractor,or any entity into
which Contactor may be merged or consolidated or which purchases all or substantially all of Contractor's
assets without the prior written consent of the City. If the City grants consent to an assignment,the assignee
shall execute a written agreement with the City and the Contractor under which the assignee agrees to be
bound by the duties and obligations of Contractor under this Agreement.The assignee shall then be solely
liable for all obligations under this Agreement,including those prior to the assignment.
10. INSURANCE.
10.1 The Contractor shall carry the following insurance coverage with a company that is licensed to do
business in Texas or otherwise approved by the City:
1. Commercial General Liability
a.Combined limit of not less than$2,000,000 per occurrence; $4million aggregate or
b.Combined limit of not less than$1,000,000 per occurrence;$2,000,000 aggregate and Umbrella
Coverage in the amount of$4,000,000. Umbrella policy shall contain a follow-form provision and
shall include coverage for personal and advertising injury.
c.Defense costs shall be outside the limits of liability.
2. Automobile Liability Insurance covering any vehicle used in providing Services under this
Agreement,including owned,non-owned,or hired vehicles,with a combined limit of not less than
$1,000,000 per occurrence.
3. Professional Liability(Errors&Omissions)in the amount of$1,000,000 per claim.
4. Statutory Workers'Compensation and Employers'Liability Insurance requirements per the amount
required by statute.
5. Technology Liability(Errors&Omissions)
Technology Liability covering the acts, errors and omissions of Contactor, data security breach
insurance and Contractor's liability for its employees, agents and subcontractors with a limit of
note less than$5,000,000 per claim.
(a) Coverage shall include,but not be limited to,the following:
(i)Failure to prevent unauthorized access
(ii)Unauthorized disclosure of information
(iii)Implantation of malicious code or computer virus
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(iv) Intellectual Property Infringement coverage, specifically including coverage for
intellectual property infringement claims and for indemnification and legal defense of any
claims of intellectual property infringement, including infringement of patent, copyright,
trade mark or trade secret, brought against the City for use of Services provided by
Contractor under this Agreement.
Technology coverage may be provided through an endorsement to the Commercial General
Liability(CGL)policy, a separate policy specific to Technology E&O,or an umbrella policy that
picks up coverage after primary coverage is exhausted. Either is acceptable if coverage meets all
other requirements.Technology coverage shall be written to indicate that legal costs and fees are
considered outside of the policy limits and shall not erode limits of liability. Any deductible will
be the sole responsibility of the Contractor. Coverage shall be claims-made, with a retroactive or
prior acts date that is on or before the effective date of this Agreement. Coverage shall be
maintained for the duration of the contractual agreement and for two(2)years following completion
of Services provided. An annual certificate of insurance, or a full copy of the policy if requested,
shall be submitted to the City to evidence coverage.
6. Any other insurance as reasonably requested by City.
10.2 General Insurance Requirements:
1. All applicable policies, except Professional Liability and Technology(E&O) shall name the City
as an additional insured thereon, as its interests may appear. The term City shall include its
employees,officers,officials, agents,and volunteers in respect to the Services.
2. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in
favor of the City of Fort Worth.
3. A minimum of Thirty (30)days' notice of cancellation or reduction in limits of coverage shall be
provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of
premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort
Worth,Texas 76102,with copies to the City Attorney at the same address.
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required,written approval of Risk Management is required.
5. Any failure on the part of the City to request required insurance documentation shall not constitute
a waiver of the insurance requirement.
6. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall
be delivered to and approved by the City's Risk Management Division prior to execution of this
Agreement.
11. Compliance with Laws,Ordinances,Rules and Re¢ulations.
Contractor agrees to comply with all applicable federal,state and local laws,ordinances,rules and
regulations. If the City notifies Contractor of any violation of such laws, ordinances,rules or regulations,
Contractor shall immediately desist from and correct the violation.
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12. Non-Discrimination Covenant.
Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination
covenant by Contractor, its personal representatives, assigns, subcontractors or successors in interest,
Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless
from such claim.
13. Notices.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
TO THE CITY:
City of Fort Worth With Copy to the City Attorney
Attn: Susan Alanis,Assistant City Manager at same address
200 Texas Street
Fort Worth TX 76102
Facsimile:(817)392-8654
TO CONTRACTOR:
Windstream Services,LLC. With Copy to Windstream Legal
Attn: Layne Levine,President—Cloud&Connectivity
at same address
4001 Rodney Parham Rd.
Little Rock,AR 72212
14. Solicitation of Emnloyees.
Neither the City nor Contractor shall, during the term of this Agreement and additionally for a
period of one (1) year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
Agreement, without the prior written consent of the person's employer.This provision shall not apply to
an employee who responds to a general solicitation or advertisement of employment by either party.
15. Governmental Powers.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
16. No Waiver.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
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17. Governing Law and Venue.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted,at law or in equity,is brought on the basis of this Agreement,venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. Force Majeure.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including,but not limited to, compliance with any government law, ordinance or regulation,acts of God,
acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,material or labor restrictions
by any governmental authority,transportation problems and/or any other similar causes.
20. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed
a part of this Agreement.
21. Review of Counsel.
The parties acknowledge that each party and its counsel have reviewed this Agreement and that the
normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. Amendments.
�o amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,and duly executed by an authorized representative of each party.
23. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and Contractor, their
assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral
or written agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement.
24. Counterparts.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.An executed Agreement,modification,amendment, or separate signature page shall constitute
a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of
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the document by any party. Duplicates are valid and binding even if an original paper document bearing
each party's original signature is not delivered.
25. Warranty Disclaimer.
EXCEPT AS OTHERWISE PROVIDED HEREIN, SERVICES ARE PROVIDED ON AN"AS IS"
AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IM-
PLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGE-
MENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTIC-
ULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING
OR COURSE OF PERFORMANCE INCLUDING, BUT NOT LIMITED TO, BROADBAND
SPEEDS, UNINTERRUPTED OR ERROR-FREE SERVICE, TRANSMISSION QUALITY, AND
ACCURACY OF ANY DIRECTORY LISTINGS.EXCEPT AS EXPRESSLY PROVIDED IN CON-
TRACTOR'S PRIVACY POLICY AND BY LAW, WIN HAS NO OBLIGATION TO PROVIDE
SECURITY OR PROTECTION FOR THE CITY'S PRIVACY, CONFIDENTIAL INFOR-
MATION OR DATA. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY CONTRAC-
TOR'S EMPLOYEES, AGENTS OR SUBCONTRACTORS SHALL CREATE A WARRANTY,
AND THE CITY MAY NOT RELY ON ANY SUCH INFORMATION.
26. Milestone Acceptance.
Contractor shall verify the quality of each deliverable before submitting it to the City for review
and approval.The City will review all deliverables to determine their acceptability and signify acceptance
by execution of the Milestone Acceptance Form,which is attached hereto as Exhibit"C."If the City rejects
the submission, it will notify the Contractor in writing as soon as the determination is made listing the
specific reasons for rejection. The Contractor shall have ten (10) days to correct any deficiencies and
resubmit the corrected deliverable.Payment to the Contractor shall not be authorized unless the City accepts
the deliverable in writing in the form attached.The City's acceptance will not be unreasonably withheld.
27. Network Access.
27.1 City Network Access. INTENTIONALLY OMITTED.
27.2 Federal Law Enforcement Database Access. INTENTIONALLY OMITTED.
28. Immigration Nationality Act.
The City of Fort Worth actively supports the Immigration&Nationality Act(INA)which includes
provisions addressing employment eligibility,employment verification,and nondiscrimination. Contractor
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
comply with all federal and state recordkeeping requirements and agrees to provide access to such records
if required by law. Contractor shall establish appropriate procedures and controls so that no Services will
be performed by any employee who is not legally eligible to perform such Services.Contractor shall provide
City with a certification letter that it has complied with the verification requirements required by this
Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this
provision.City shall have the right to immediately terminate this Agreement for violations of this provision
by Contractor.
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29. Informal Dispute Resolution.
Except in the event of termination pursuant to Section 4.2, if either City or Contractor has a claim,
dispute,or other matter in question for breach of duty,obligations,Services rendered or any warranty that arises
under this Agreement,the parties shall first attempt to resolve the matter through this dispute resolution process.
The disputing party shall notify the other party in writing as soon as practicable after discovering the claim,
dispute,or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such
dispute. Within ten(10) business days of receipt of the notice, both parties shall commence the resolution
process and make a good faith effort,either through email,mail,phone conference,in person meetings,or other
reasonable means to resolve any claim, dispute,breach or other matter in question that may arise out of, or in
connection with this Agreement. If the parties fail to resolve the dispute within sixty(60)days of the date of
receipt of the notice of the dispute,then the parties may submit the matter to non-binding mediation in Tarrant
County, Texas, upon written consent of authorized representatives of both parties in accordance with the
Commercial Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect.The mediator shall be agreed to by the parties.Each party shall be liable for its own
expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation.
If the parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any
and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be
attempting to resolve a dispute in accordance with this informal dispute resolution process,the parties agree
to continue without delay all of their respective duties and obligations under this Agreement not affected
by the dispute.Either party may,before or during the exercise of the informal dispute resolution process set
forth herein,apply to a court having jurisdiction for a temporary restraining order or preliminary injunction
where such relief is necessary to protect its interests.
30. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Contractor certifies that Contractor's signature provides written verification to the City that Contractor.-
(1)
ontractor:(1)does not boycott Israel;and(2) will not boycott Israel during the term of the contract
31. Reporting Requirements.
INTENTIONALLY OMITTED.
32. Documents Incorporated by Reference.
This Agreement is subject to and incorporates the following by reference,as they change from time
to time: (i) the Acceptable Use Policy posted at
http://www2.windstream.net/customersupport/usersizuide/acceptt/accept.html; (ii) the Privacy Policy
posted at hqp://www.windstream.com/privacy.aspx;and(iii)third party software terms,if applicable.
32. Signature Authority.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party,and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. This Agreement, and any amendment(s)
hereto,may be executed by any authorized representative of Contractor whose name,title and signature is
affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "D" and
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incorporate herein by reference. Each party is fully entitled to rely on these warranties and representations
in entering into this Agreement or any amendment hereto.
33. Survival of Provisions.
The parties'duties and obligations pursuant to Section 4.4(Duties and Obligations),5(Disclosure
of Conflicts and Confidential Information),Section 6(Right to Audit),and Section 8(Liability and
Indemnification)shall survive termination of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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Executed in multiples this the Zd1y-oQLj&&2e
AGREED: AGREED:
CITY OFFORT WO ES, C
WIND$TR SE
B By:
Sus An Minis, Nam . Clou &Connectivity
Layhne/bevineZ
d
Assls�City Manager Tide side 6
Date: 1 1,31 ?ou Date: -114/18
I t
Contract ComplIarwe Manager: ATTEST:
By signing, I adcnowle*that I am the pew
responsible for the monIvIng and administration
of this contract,Including ensuring all
pred "rqxxiing requirements. By:
mTe NSabrina Lau Marquez
- I � 119 Title Executive Secretary
f6w8f-reffferf I
IT S-o-krilions,Assls-=—,,Dirmtor FORT
ATTE
By:
-
MaqgKaser, TA
City Secretary .......
ACAS -
AFIP7D AS TO FORM AND LE
E
Paige
Assistant City Attorney I.
CONTRACTAUTHORU-AnON:
M&Q ?-Izllq
Dxf�ApprorO;_R4*Z-0j=
Form 1295 Certification No.:
OFFICIAL Recow',
CIrr3ECPeT
EFtWORT, 'ARY
my rx
WINDSTREAM SERVICES.LLC.
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PW 12 01.28 Rev.112017
............
City Secretary Contract No.
EXHIBIT A
STATEMENT OF WORK
I. SCOPE OF SERVICES
1.0 Services Defined
1.1 The Contractor shall provide business internet class of service or better;
1.2 The Contractor shall provide internet speeds of at least 100 megabits per second(Mbps)
service(100 Megabyte down&7 Megabyte up),unless otherwise noted at a particular
location in Exhibit B"Cost Schedule";
1.3 The Contractor shall provide service support and allow Virtual Private Network(VPN)
tunnel connectivity.
2.0 Term;Rate Stabilization
2.1 The initial contract rate shall remain in effect for at least the initial Term.Any agreed
upon renewals shall include a rate adjustment if agreed to by both parties. The renewal
agreements(including rate adjustments)and any contract addenda shall be in writing and
signed by representatives of the City and the Contractor.Price decreases shall be passed on
to the City immediately.
2.2 Notwithstanding anything to the contrary in subsection 2.1 above, the City shall be liable
for all taxes,surcharges,fees and assessments that apply to the Services,including how they
may change in the future and regardless of whether they are identified in the Agreement.
3.0 Billing
3.1 The Contractor shall provide a single bill for all Services to the Information Technology
Solutions Department;
3.2 The Contractor's invoices shall include location and City department for each drop. A
sample of Itemized invoice for multi-drop and multi-location organizations shall be
included in the submitted proposal;
3.3 The Contractor shall provide an assigned account representative and supervisor per service
type(TV,internet,etc.),to respond to requests for activations,deactivation and billing
inquiries. The representative shall manage the City's account to liaison activities
eliminating the need to call customer service line for the general public.
4.0 Trouble Reporting and Problem Resolution
4.1 Contractor shall provide the following in order to manage poor reception issues and Service
outages:
• Telephone number for reporting problems 24 hours x 7 days;
• Respond within one(1)hour with an update on problem resolution;
• If on-site presence is required to resolve problems,Vendor shall be on-site within
four(4)hours from the time the trouble is reported;
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City Secretary Contract No.
• For emergency service the Vendor shall be able to have personnel on-site in less
than two(2) hours if service restoration requires on-site presence. The City shall
determine what constitutes as emergency service.
• The Vendor shall provide no less than 48-hour notification prior to any planned
maintenance and immediate notification for any unplanned maintenance affecting
the Services.
5.0 Service-Specific Terms and Conditions
5.1 Use of the Services and Related Equipment "Equipment").
The City may install any Equipment solely for the purposes of accessing and using the
Services during the Term of the Agreement. Any Equipment owned and installed by
Contractor as part of the Services remains the property of Contractor;the City may not sell,
lease,abandon or give away the Equipment,allow anyone other than Contractor or its third
party vendor to service the Equipment,or allow any third party to use the Equipment,other
than on the City's behalf in connection with its use of the Service.The City agrees not to
disable or defeat any capacity-limiting feature of the Equipment, or otherwise use the
Equipment at a greater capacity rate than the rate contracted-for. Further,the City agrees
not to use the Equipment with any unsupported hardware or software or use the Service
other than as prescribed by this Agreement and any supporting documentation or for any
unlawful purpose.
5.2 Wireless Overal?es.
Contractor will provide pooled wireless capacity to the City if the City selects wireless
service as a secondary access method. Unless otherwise agreed,the City will be charged
for usage in excess of such pooled capacity at$0.10 per MB. Such overages will be billed
in arrears and may be charged up to twelve(12)months after the overage occurs.
5.3 No Life Support.
The Services are not designed, intended, authorized or warranted for use or inclusion in
life support, nor in life endangering applications where failure or inaccuracy might cause
death or personal injury. Any such use or inclusion by the City is solely at the City's own
risk, and the City shall indemnify Contractor and hold Contractor harmless from all
resulting or related costs, loss, liability and expenses (including without limitation court
and reasonable attorneys'fees).
5.4 Use of City Data.
The City acknowledges that Contractor has engaged third party vendors to supply
components of the Services. The City agrees that solely for purposes of rendering the
Services, such third-party vendors may use, on an aggregated, non-individually-
identifiable basis,all information regarding networking characteristics,usage,performance
and related data involved in this use of the Services.
5.5 No Proprietary Rights.
Except as explicitly set forth elsewhere in the Agreement, the City does not acquire any
rights in or license to any component of the Service or any intellectual property rights
thereto. Any software and related documentation included in the Services shall be used
solely by the City as part of the Services and for no other purpose. The City may be
required to provide Contractor with evidence that its use of the software is in compliance
with this Agreement and/or third-party software licensor's terms. The City agrees that it
WINDSTREAM SERVICES,LLC.
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City Secretary Contract No.
will not: (i)use or make any copies of the software or install software on more than one
computer at a time;(ii)reverse engineer,decompile,or disassemble the software;(iii)sell,
resell,transfer,license, sublicense, distribute the software or otherwise allow third parties
to access to use the software;(iv)create,write,or develop any derivative software or other
software program that is based on such software; or(v) and will not encourage any third
party to, remove, alter or obscure in any way the proprietary rights notices (including
copyright, patent, and trademark notices and symbols) of Contractor or its third party
vendors providing components of the Service affixed or contained on or within any
Equipment.
5.6 Limited Warranty for Equipment.
CONTRACTOR WARRANTS THAT THE EQUIPMENT SHALL BE FREE
FROM DEFECTS IN MATERIAL AND WORKMANSHIP (THE `EXCLUSIVE
WARRANTY") FOR A PERIOD OF ONE (1) YEAR FROM THE EARLIER OF:
(A) THE DATE OF DELIVERY OF THE EQUIPMENT TO THE CITY, OR (B)
THREE(3)MONTHS AFTER DELIVERY OF THE EQUIPMENT TO CONTRAC-
TOR BY THE EQUIPMENT VENDOR.WITH RESPECT TO THE EQUIPMENT,
THE EXCLUSIVE WARRANTY SHALL APPLY ONLY TO THE EXTENT IT
HAS BEEN INSTALLED, USED AND MAINTAINED IN THE CONDITIONS
SPECIFIED IN THE AGREEMENT AND SUPPORTING DOCUMENTATION,IN
ABSENCE THEREOF,AT LEAST IN CONDITIONS CONSISTENT WITH GEN-
ERALLY ACCEPTED PRACTICES FOR THIS TYPE OF PRODUCT; AND NOT
BEEN SUBJECT TO ANY UNAUTHORIZED MODIFICATION OR REPAIR OR
ATTEMPTS THERETO;AND NOT BEEN CONNECTED TO OR USED IN COM-
BINATION WITH OTHER INCOMPATIBLE EQUIPMENT OR SYSTEMS. IF
ANY EQUIPMENT FAILS TO MEET THE EXCLUSIVE WARRANTY, THEN
UPON THE CITY'S WRITTEN REQUEST TO CONTRACTOR, CONTRACTOR
SHALL, AT CONTRATOR'S SOLE OPTION AND EXPENSE, PROMPTLY EI-
THER REPAIR OR REPLACE THE EQUIPMENT IN QUESTION. THE REME-
DIES SPECIFIED IN THIS SECTION SHALL CONSTITUTE THE CITY'S SOLE
AND EXCLUSIVE REMEDY AND CONTRACTOR'S SOLE AND EXCLUSIVE
LIABILITY FOR EQUIPMENT AND CONTRACTOR'S BREACH OF THE EX-
CLUSIVE WARRANTY HEREUNDER.
6.0 Business Internet Locations
1000 Calvert St.
1000 Throckmorton St.
1018 Cherry St,
102 NW 28TH ST.
10201 White Settlement Rd
1061 Woodhaven Blvd.
1062 Evans Ave.
1100 Nashville Ave.
1100 NW. 18th
1101 12TH Ave.
11400 Willow Springs Rd.
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City Secretary Contract No.
1150 SOUTH Fwy.
120 N. Pecan St.
120 NW.22nd St
1201 E. Maddox
12200 Old Weatherford Rd.
1224(1300)Everman Pkwy.
13280 Park Vista Blvd.
13725 Wing Way
13725 Wing Way/Stone road
14101 Sendera Ranch Blvd.
14650 Statler Blvd.
1500 11th Ave.
1501 Poly Fwy.
151111th Ave.
1600 Glasgow Rd.
1601 E. Lamar
1601 Lipscomb
1700 Brennan Ave.
1701 NE.36 St.
1801 North South Fwy.
1801 South Fwy.
1815 Jensen Rd.
1851 Jacksboro
1900 Texan Dr.
1908 Carelton Ave.
201 Holloway Ct.
201 S. Sylvania
205 University Dr,
2100 Log Cabin Village
212 E. Felix St.
2201 W. Daggett Ave.
2250 Alliance Blvd.
2300 Ave. H
2421 Westport Parkway#800
2490 Precinct Line Rd.
2500 Brennan Ave.
2500 N Houston St.
2500 Southeast Loop 820
2521 Hwy. 114
2525 E. Rosedale
2525 Joe B. Rushing Blvd.
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2575 Polaris Dr.
2601 Timberline Dr.
2605 Carnation Ave.
2737 Meadowbrook Dr.
2800 Stark St.
2901 Crestline
2913 Yucca Ave.
2920 W. Bolt St
2940 Precinct Line Rd.
2950 Old Mansfield Rd.
2950 Roosevelt
2954 Old Mansfield Rd.
300 NE 35TH St.
3000 W. Bolt St.
3001 N. Fwy.
3100 Azle Ave.
3101 Forest Ave.
3128 W. Bolt St.
3201 Portales Dr.
3209 Hemphill St.
3220 Botanic Gardens Blvd.
3242 Lackland Rd.
3401 W. Lancaster Ave.
3408 W. Fwy.
3501 South Hills Ave.
3525 Marquita Dr.
3551 New York Ave.
3628 Bernie Anderson Ave.
3700 E. Belknap
3741 SW. LOOP 820
3801 N. MAIN ST.
3816 Kimberly Ln.
400 Grand Ave.
4001 Library Ln.
401 M LK Fwy.
401 W. 13th St.
4017 Falcon Wy.
4100 Columbus Trl.
4200 South Fwy.
4205 Basswood
4209 Longstraw Dr.
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City Secretary Contract No.
4237 Lafayette
4300 E. BERRY St.
4400 Buffalo Rd.
4416 SW. Blvd.
4500 WILMA Ln.
4600 Broadview
4680 McPherson Blvd.
4700 Ramey Ave.
4705 Ray White Rd.
4721 Ray White Rd.
4800 SW. Loop 820
4849 Wilbarger St.
4900 Horne St.
4900 Martin St.
4932 Wilbarger St.
4936 McPherson Blvd.
500 W.3rd
500 W. 3rd St.
5000 Martin Luther King Fwy.
5001 James Ave.
501 E. Bolt St.
501 Jones St.
504 NW.35th
5045 Columbus Trl.
505 W. Felix St.
5060 Ave. G
5060 Ave. G
5200 Hemphill St.
5320 Trail Lake Dr.
5333 Lea Crest Ln.
541 North Main St. (formerly 801 Grove St.)
5565 Truman Dr. 76
5650 E. Lancaster Ave.
5721 Boat Club Rd.
5933 Geddes Ave.
600 Congress
601 Park St.
6124 S. Hulen St.
615 Sycamore
6201 Beaty
6228 Crystal Lake Dr.
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City Secretary Contract No.
6300 Welch
6301 BRIDGE St.
6400 Bridge St.
6400 Pecan Valley Dr.
6400 Westcreek Dr.
6801 Bowman Roberts Rd.
6857 A Green Oaks
6869 Bowman Roberts Rd.
715 Texas St.
7151 Calmont Ave.
7451 N. Beach#180
7500 Surfside Dr.
7555 Oakmont Blvd.
7601 John T.White Rd.
7650 McCart Ave.
801 Cherry St.
2901 Texas Sage TH.
850 Irma St.
8510 Spring St.
8851 Camp Bowie W. Blvd.
908 N.Southland
920 Roberts Cutoff, River Oaks
959 E. Rosedale St.
9601 Fossil Ridge
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EXHIBIT B
COST SCHEDULE
Windstream Services Response to RFP 17-0245
SD WAN(Internet)City of Fort Worth
NPA NXX Address city State Zip Download Upload ZIG Wireless Total Pricing
68230682303700(1�pLtfLRT 5"6 FORT WORTH STN iriip7 1004 7.D Yes `5470.(X)
3 --.__ _ ..,...._......u...... ......__._, ...._.... ...._..._. ___ . _...� ._.
817244 12200 OLD WEATHERFORD RD 'ALEDO 'TX 76(X)8 45.0 60 Yrs ;$335.D0
682236 1601 E LAMAR BLVD ARLINGTON 7N `:76011 6.0 O.S Yea 5210.00
--.._
682236 4500WILMALN ARLIFIGTON '.TX :76012 12.0 1.0 Yrs $21S.00
682303 1000THROCKMORTONST FOkIW+ORIH '.Ix +.Th1U2 100.0 7.0 Yes $470.00
682303 1013 CHERRY ST .FORTWOR._.�_. _ ..__.. .. .00..._
TH TX '',75102 100.0 1.0 Yrs -$47130.00
817378 102 NW 28TH ST FORT WORTH TX 76164 100.0 7 0 Yes 5470,00
_. .._....w..,. i.._.._. _._
817246 10201 WHITE SETTLEMENT RD FORT WORTH :TX 76108 100.0 7.0 Yrs $4 70.00
817429 1051 WOODHAVEN BLVD FORT WORTH rTX i76112 100.0 7.0 Yes 5470.(X)
682303 1062EVANSAVE P FORT WORTH TX ;76104 100.0 7.01 Yrs $470.00
817413 1100 NASHVILLE AVE FORT WORTH :TN 76105 100.0 7.01 _ Yes X$47000
817378 1300NW18THST FORT WC7kTH TX. 76164 100.0 701 Yrs $470.W
682303 110112TH AVE FORT WORTH Tk 16104 1000 70 Ye,' .$4AJ00
682286 11400 WILLOW SPRINGS RD FORT WORTH TX 76C52 100 0 T 0 Y s .547q 00
._ ...- _. ..,..r_.
682303 1150 SOUTH FWY FORTWORTH _ TX 76104 100.0 IO Yes 547800
682303 120 N PECAN ST FORT WORTH TX 76102 100.0 70 Yes :1,470.00
817378 120 NW 22ND ST FORT WORTH TX 76164 1000' 701 Ycs $47000
682303 1201 E MADDOX AVE FORT WORTH TX 76104 100 0, 70 Yes $470.00 _
682385 1224 EVERMAN PKWY FORT WORTH TX 76140 100.0 _T0 Yes__ 5470.00
682237 13280 PARK VISTA BLVD FORT WORTH TX 76244 100.0 7-0 Yes �S A 70.00T--
817295 13725 WING WAY FORT WORTH TX 76028 100.0 7,0 Yes .$470.00
682286 14101 SENDERA RANCH BLVD FORT WORTH TX 76052 100.0 70 Yea $470.00
817267 14650STATLERBLVD FORT WORTH TX 76155 100.0 7.0 Yes 5470.60
682303 150011TH AVE FORT WORTH TX 76102 100.0 7.0 Yes $470.00
817413 1501 POLY FVJY E FORT WORTH JTX 76104 1 100.0 7 0 Yrs 5470.66
682303 151111TH AVE FORT WORTH TX 76102 100.0 7.0 y Yes .5470.00
582385 1600 GLASGOW RD FORT WORTH TX 76134 ! 100.0 70I _ Yes $47000
817207 1601 LIPSCOMB ST FORT WORTH TX 76104 100.0 7.0 Yes 5470.00
8173781700 BRENNAN AVE FORT WORTH TX 76106 100.0 7.0 _Ye, 5470.Op
817378 1701 NE 36TH ST FORT WORTH TX 76106 100.0 7.01 Yes $470.00
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City Secretary Contract No.
$171.'9 79iO ROOSL VLLI AVE !-01;;1in-:'RIH T 7s:1(',b 100.0 7.0 Yes $470.00
817413 2954 OLD MANSFIELD RD foR.T',',I)RTH Tx. '7617.9 100.01- 7.0 Yes $470.00
817378 300 NW 35TH ST _FORT'V)RTH Tk 7C[4_G 1.uu.0 7-0 Yes $470.00
817207 3000WBOLT ST (FORTA-011H Tx 7[:710 1•U0.0 TO _ Yes $470.00
817378 3001 NORTHFWY '.FORT kl;-.)RTH Tx ](:106 1o0-0 70 Yes $470.00
817378 3100AZLEAVE J�'OHI A• )RTHIx R.106 . 1:x0.[1 TO Yes $470.00
817429 3301 FOREST AVE '0MwY[11iTH I' ,12 1!17.0 7.0 Yes $470.00
817207 13128 W BOLT ST r iut i'di L l<.TH f x Te:t 10 100.0 7.0 Yes $470.00
SD WAN(Internet)qty of FortWorth
NPA NXX Address city State Zip Download Upload 4G Wireless Total Pricing
817244 3201 PORTALS DR FORT WORTH TX 76116 L'J0.0 T U S4;r1 UX]
817207 3209 HEMPHILL ST FORT WORTH TX 76110 YA1i7 7 U ve. �.•1�0.[xi
-.... ..__ _. .. ......__..
682303 3220 BOTANIC GARDEN BLVD FORT WORTH TX 76107 10!)0 7:] S:1 0[h)
817298 3242 LACKLAND RD FORT WORTH TX 76116 IOUA -: ]'� Yes Sa:O[a;
682303 3401 W LANCASTER AVE FORT WORTH TX 76107 100.0 L0 Yes ;.1';u It
817298 3408 WEST FWY FORT WORTH TX 76107 106.-o --
817207
ODA
817207 35015 HILLS AVE FORT WORTH TX 76109 100.0 iU Yrs _d 7(1.1x1
817244 3525 MARQUITA DR FORT WORTH TX 76116 10D.0 7.0
817207 3551 NEW YORK AVE FORT WORTH TX 76110 100.0 7.0 Q/0.0c
817298 3628 BERNIE ANDERSON AVE FORT WORTH TX 76216 100.0 7.0 00
682647 3700E BELKNAP ST FORT WORTH TX 76111 100.0 ;(I Yc. 7.7.IX1
817207 3741 SW LOOP 820TH FORT WORTH TX 76133 100.0
817378 3801 N MAIN ST FORT WORTH TX 76106 100.0 i C: yr• c 7u.eq _ _
817263 3816 KIMBERLY LN FORT WORTH TX 76133 100.0
817378 1400GRANDAVE. FORT WORTH TX 76164 100.0 G
817298 4001 LIBRARY LN FORT WORTH TX 76109 100.0 '['. Frs 5•i'0.CX1
817413 401 MARTIN LUTHFR KING FWY FORT WORTH TX 76104 100.0 o S•a;n.:k
682303 401 W 13TH ST FORT WORTH TX 76102 100.0 54 U.::}
817378 4017 FALCON_WAY W FORT WORTH TX 76106 1_00.0 _ 7.0 k•+ `•4:0.;141
827263 4100 COLUMBUSTRL� FORT WORTH W TX_ 76333 10.0 7.0 k•s _;4;U.�Y1
_.e._._,....� _. .. ......
817207 4200SOUTWTWY FC�TWORTH TX 76115 100.0 ZO Yes 54,7C.M
682286 4205 BASSWOOD BLVD FORTWORTH TX 76137 100,0 7.0 Ves 1$47001;
WINDSTREAM SERVICES,LLC.
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City Secretary Contract No.
682,303 11901 N SOUTH FWY .FORT woRTII TX 7631.r: 1 rU c 7.0 les S4,G 00
817429 1815JENSON RD jfOFIT WORTH TX 761. ' 1)00 I 70 Yes 15!1-(1 DO
817378 1851 JACKSBCiRO HVUY .FORT WORTH TX 7C 14 1 U0 70 Y 154A,IX}
940242 j 1900TEXAN 0R FORT WORTH ,TX ° 4+. C 75 0 Yes 5.17ti Do
S4 WAN(I'nternet)City of Fort Warth
NPANXX Address city state Zip Download
81'Z-3 ,;SOSC RLL;C7El AVL IF]F;T'•.YORTH TX '761;1 1U'J.it 0 Y z 5x70 C%!
687647 1201 S SYLVANIA hVF FORI WORTH TX 76:11 1611 a 7.0
682393 1205 UNIVERSITY OR _FORT WORTH TX 76107 100,.0 '.0 lcs i-1,0 00
X2100 EOG CABIN V IMAGE EN _ FORT'WORTH TX 76109 100.0 %.0 Y.s
81.7207 1212 E FELIX STFORT WORFR ,TX .76115 100.0 7.0 %0 00
Gfi2363 j7.'014V DAGGf1-1 AUE .........FORT W`Oiii�! _..I - ..- -0
i ':Tx ..76162 180.0 7.0
682737 3250 AL DANCE BLVD FORT WOR11P1 +TX 767.77 1 7.0 .i_, 5:70,00
814413 .2300 AVENUE EI FORT WORTH !T.Y '76105 MID To 1'rv= 547600
611773'! X2421 WESTPnRT PKWY FORTWORTH 'rIx 76177 50-0 10.0 les :5396.00
6&1L3G '2490 PRE INCT t NE RD FLIRT VV ORTH TX 76118 100.0 TO 5470.(70
817378 250
U011(4NNANAJE FORT WOR Ili 1k 7G 106 _ 100.0_ 70{ _ Yes ;;'470,00
,CKINH6USTONST FORTI4DRTIi TY 76164 3.00.0 704 Yes $470.00
682385 �2500SE K)OP Y.201Ii FORT WORT 11 576140 100,0 0 Yes 5470.00
877413 7525 E 110 EDAL E ST FO FIT WX 7
T OR1 H T6105 100,0 7.0 Yes $470.00
817413 2525JOLE?RUSIlI61G8D - - •FORIWORTH Elk 76119 106,0, 7'0 Yes +54AM
E326+t7 �I575 POI1<RIS GR FORT 5,JORTH TX 176137 1000 TO Yes 154.70.00
.8175 1 601 TIMM RL INE DR 'ORI WORTH TX 76719 1000 70 re-4 54 M.W
63264 12GP5CM1RNAT6'ON AVE FORTWORTH ITk 76111 1`]00 7..0�, Yt 54 F0.0(}
----
i174--3
. .. .___._ __... ...... _..__ ._ ._... _..._
8174 3 12737 MEADOWRROOK DR FORT WORTH TX 76103 1000 701" Ye . _.,. ....._.,
817479 2800StAFIX 5T FORT WORTH ;TX 76112 100.01 10.E Yes $470.08
682703 12901MSl_INERD FORIWOR:M TX .76107 1(3001 70' Yes X$47000
....._._ ..., . _ .............. .__
81733 2901 EXASSAGEIRL. TORTWOP.IkF �;I-X 17G177 1000 I0 'res $4700)
.... ..-...._ .. ._ ....
68264! 2913 YUCCA AV( �EORl WoRIH �IX If6111. 1(X10 j 70[. Y a 14 000
E
8170! �2320W ROlT Su _+,____�iORT WORTH jTh 17611.0 7060 ..,., 70 Yes "5a7000
871784 .29401 kCINC I LINE ERD7.05_ --_
----'--..,. ..,.-------, �fORT l'v ORTH ;TY '7611A 10!}.0 Yes '.5470,00 .
8174:3 .29>O OLD MAN',l ELD RD .TORT WORT iTX °76119 ! 100.0+ 7,0 Yes %$470,08
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11F 171, MYJ L I INW,I WW f)R _FORT WORTH TX 76137 100.0 Ll
I,'ti ',I6,6411f A%. roii k IATH TX 176107 100.0 (1
410 i 141 Ho !F(NN V,,,414 T) 100.0
:R;Ins
Il I 100 rk�111 Al t I HI FOR I Vw 1 1�17H� iTX 76135 100.0
I16`,(% IH I ST BLVD JFC dl'AOM tF JTX IGllfi 100.0 -7,0 CC
-,00 i0kiiii):111W DR FC JTX IMAS 45.0 6A
PHERSON BLVD 45.0 6.C1
1 13 V,F-1 EY AVE 0,1 1!1T I TX .76105 100.0 u s `4
U,WHITE RDF(?oT "G U-i 1 i114.1 100.0
-----------
1.1- 100.0 7.0
L-I,;9-- 100.0 ........10 'r P
'41 1; 6 1 11 s I 1 16119 100.0 7,0
5 WAN(Internet)My of Fort Worth
NRAIMXX Address city state Zip DoWnloW Upload 4G Wiml&ss Total P"icing
At 7)')A 149001100 St I"111:NORTH T)( 176107 1000
."17479-;49110 MARIN ST KIM Al�ql It ATXicl 19 iorw 1 70 Yes $4 7n.06
-
81M 3 4932 WIL BAK,F R ST SFO;,.I ,1114 IX 7G114 100C wl, 470,00
81? 63 11936 M0HERSONBLVD 1X '1612i 45.c �110 Yes 1533S.00
0,571[]1. 1 . I --- I - ..- ---
FO,l I AIDRIN Th 10
MOO 11 ') hes 5470-00
M i,.:, 1500 MAPT N LI,THFR KM FWV Wi,l�+vOffll rx 76119 1000 C1, 5470,X
..... ..... I I- -. -$-4-;0' j
811l;(J.' !�L01�Ar�'.P,Al' Foiil AcORT" TN 16125 Ioao X
-1E 6011'�T
. -F RTH X
2,1 50 10�tr'Vc)
Cr7 {i
Sol"i,% iFuil F'VO Rl H TX 76102 1"(1.i, GM
F ----
IT D " 10 X
$1;�.,3 "04 N,,%, I I S I - 'r�) "'
,:'1tTH TX 16106 11.)0 S4,
21 3 04!,CIILUNVL:SIRL TI� i7612 3 1�(o.i`I 701 .4 i0.D9
81!X I VYS W FF I IX'.T JV1 11.144 Ir 111 lou.I cul s 5470,0(1
-1 i4h; '.,06o0A-)Etj(1F 6 101dr IHI 11 1 1 Y- S470,0C
�I,r20? �200 HE:MPH11 t�T TX 7 6 1 is I
Witi 1\�IHH 1 7.() Yes 1$470.X
81 �320 r RAIL LAK�LI� i 1,�[ r 11 H A 1 13 .1 0 Yes 1$4;0 00
3
81 3:3 111 A C R ESr I At Ili;if 1,1[i W 5 I.6"10 10 yeS470.00
02303 5,11 N MAIN ST0 11 16164 1 01�). 70 �n 85470.00
70.00
8114,") YL I RUMAN DR It If; �1�0 11 L ITh 176112 100.0 7 11 Y" 5470-00
WINDSTREAM SERVICES,LLC.
Professional Services Agreement-Technology
Page 23 of 28 Rey.1/2017
City Secretary Contract No.
I I A'JA5 T E:1 AVE T ol,[A ART I I Ix 1t'1 1 1 0OX 7.0 V- 1470.00
IMAl(1.11,11.11 F t M Vvi Rl I I I X !611`1 101).0 7.0 YY-& 70,03
,E I IM A" f I :i.T 01111q I", It I k 11:•1 1:U- Yrs54 iU.90
R Msi i ot i(: 70 Yes 54-,000
I I I",C' 7.Q S470.30
1 P,O,ST .A�)�7
f,;•-I�I 11LIENST A 11 f:.. 54 0.X
61, ;,'A0AE ST f k I dII I', r,lra4 100.0 7.0 Yes $4"0'00
Lill I 0-�I T! 7
I'l A, �2 100.0 '0 Yes 15470.00
16 1-N. KE DR 101.1 H I A'l 9- 100.0 IT Yes
F., 1:3 f,iI Kj w t T�A-A I oI "wIT4- I 'G133 100.0 1W Y- 54 iono
+I I I Im i 1, :`1 1!T H Tx h'l 100.0 7,0 Yrs 547rl.00
G4:Kj 1'1 .?r�I .I i,):.I R I I Is '6112 100.0 ir.0 5470.00
i.1:ul ArAL LEY DR lI "'HI H 100.0 7.0 Yrs $470-00
f q hI:V,I 1 111 A K!jR 1 011 'ITH F., 100.0 TO $470.00
r,!,%",:1�`9 F RTS RD F 0:mi I �'RTH 1 100.0 7.01 Yrs $470.00
f-IF,,i-L' F01 I'A oRTH 1 6 IWOYes $470.00
So WAN(Internet)City of Fort Worth
NPA NXX Address city state Zip Download Upload 4G Wireless Total Pricing
% I R 7 1;D FORT WORTH T� '76179 ��q 5470.00
k'6 U3 �15 I XA'..�I F(jr�T\�'ORIH TX 76102 100.01 7.0 '470.90
;I 5 I M Or,I I FOR I A OKI H TX 176116 !L 70 j key. x;0.
I'D
63 2�P,6 1451 N R[Af-k sI FORT'NORIH D r '6137 I'M 70 �e5 S'171)'00
111 63 7r,,5 4-)AKMONT PIVID ORT WON II [)c X1 32 Y�e. $4N
�k I 7SMSIJ,-VSID1 DR FORI WORTH T"I r761"
WHI
llf,01)OHNIF 00
---TE 6EO
-- MWO1414TY. �612T16
--0.0
°1749 7 ].0
817763 7650 PACUM I AVE FORT WORTH TX 171,13.3 1,00.0 7.0 Yrs .5470.010
(4,303 R01 t-lIFRR'e 51_ FORT WORTH Th j761C2 100.0 10 11470.00
G82303230i 850 IR IIIA ST F L I'R I WORTH E, 16104 100.0 To
817r G 8510 Sf HIND Sl MRI WORTH It !6119 10U(),--- 1.0 s 54 000
877 4 18451 kA'0F'RL),1I1 IA,BLVD F 0 FIT 11,t7RT11 Tk 76116 l00.0 70 5-170.00
U�),039083 SOUl MANI,AA---- --- FURI WORTH __..._. .TX 76104 701 Yes 4)0LOG
&81j()3 j9591 ktC7 CEIALF ST FORT WO R I I 1 1), ]16104 100.6 70 'fes j470,00
WINDSTREAM SERVICES,LLC.
Professional Services Agreement-Technology
Page 24 of 28 Rev.1/2017
City Secretary Contract No.
817237 9601 FOSSIL RIDGE RD .FORT WORT TX .76135 100.0 7.O Yes '$4l0.0O
81'ILGS 201HOLLOWAYCT HUR5T TX 7GOS3 100-0 TO Yes x$470,00
817298 92D ROBERTS CUT OFf RO RIVCR OAKS T7( 76114_ P 102.0 70 Yes ;$470.00
G82237 1521 HKAWAY 114 'TROPHY CLUB .T7( 76267 100.0 71) Yes :$470.00
Total ManthlyCost; $71,131.00
WINDSTREAM SERVICES,LLC.
Professional Services Agreement-Technology
Page 25 of 28 Rev.1/2017
City Secretary Contract No.
Wind5tream Wave for City of Fort Worth
Address city State Zip BanclMdth Total Pricing
CHERRY 51 IOR4 VYM11, 1A ;6102 16 5:5.:15.00
J.7C1 W DAGGETT AVL FORT WOR I H TX 761n7 SG $3,715.00
1659 MCCAR I AVL FORT WORI 11 TX 7cil i3 1G 53 715.00
3525 MAROUITA UR FORT WOH H TX 11, 1G 52,115.09
4100 COLUMBUS T RL FORT WORTH TX 76U3 1G 5.3,715.00
3401 W LANCAS I E R AVE FORT WORM TX 1G 53,715.00
1000 CALVERT ST FORT'WORTH TX 7610' i c', 53,715.00
3220 BOTANIC GARDI N ALVD 1`01>T WOK1 H TX 76107 1G $3.115.00
4200 SOUTHfWY FORT WORTH TX 7(,115 1G $3,715.00
150011 THAVL FORT VV0111H TX 76.102 1G 53,715.00
5001 JAPAES AVE FORT WORTH TX 161.15 1G 53,715.00
3128W BOL?ST FORT WORTH TX 76110 __ 1G 5),1'15.00
2920'A,BOLI ST FOR WORTH TX 76110 1G 53,115.00
3000W BOITSI FOR;WORTH TX 76110 1G Si'715.00
715 TEXAS ST FOR,WORTH TX 76102 1G 53 715.00
15:511TH AVE FOR]'VVORTH TX 76102 1G 53,715.00
Total Monthly Cast $Sfi,290.00
WINDSTREAM SERVICES,LLC.
Professional Services Agreement-Technology
Page 26 of 28 Rev.1/2017
City Secretary Contract No.
EXHIBIT C
MILESTONE ACCEPTANCE FORM
Services Delivered:
Milestone/Deliverable Ref.#:
Milestone/Deliverable Name:
Unit Testing Completion Date:
Milestone/Deliverable Target Completion Date:
Milestone/Deliverable Actual Completion Date:
Approval Date:
Comments(if needed):
Approved by Contractor: Approved by City Department Director:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
For Director Use Only
Contracted Payment Amount:
Adjustments, including
penalties:
Approved Payment Amount:
WINDSTREAM SERVICES,LLC.
Professional Services Agreement-Technology
Page 27 of 28 Rev.1/2017
City Secretary Contact No.
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Contractor:Windstream Services,LLC.
Full Business Address:4001 Rodney Parham Rd.,little Rock,AR 72212
Services to be Provided:To provide SD-WAN Services
Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals
and/or positions have the authority to legally bind the Contractor and to execute any agreement,amendment
or change order on behalf of Contractor,as authorized by the Board of Directors of Windstream Holdings,
Inc.,parent company of Contractor.The City is Iblly entitled to rely on the eartifreation set forth in this
Form in entering into any agreement or amendment with Contractor.Contractor will submit an updated
Form in a timely manner if there are any changes to the signatory authority.The City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by the
Contractor.
Name: Layne Levine
Position: dent— ud 81 meetivity
.•+nature
Nam
1
f
Signature �t Krisil M, toodyf
General C tinsel and Corporate Sccxttt4
Date:
WINDSTREAM SERVICES,LLC.
Pror"%tonal SeryimApreemam-Tcchnologr
Nge 2K or 2K Rev.IM17
Ac"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
11%. - 7/17/201, r 6/30/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT
PRODUCER Lockton companies NAME:
444 W.47th Street,Suite 900 PHONE FAX
LAt N4_Ex;L — __ (A(C.Nok
Kansas City MO 64112-1906 EMAIL
(816)960-9000 AC DRESS _
gNSURER(Sp AFFORDING COVERAGE _ NAIC#
INSURFERA:A(I: Americall Insurance Compal)} _ 22667
INSURED WINDSTREAM SERVICES,LLC INSURER13:1ndemnity Insurance Co of Ninth AIrx,nca 43575
1077457
4001 RODNEY PARHAM ROAD INSURER c:ACE' Properly c�CaI:IIaIty (. 20699
LITTLE ROCK AR 72212-2442 INSURERD:ACE I; m.Undeinvi-ilersInsui Coirllslny 20702
INSURER E:Agri General Insurance Company 42757
INSURER F
COVERAGES WINC007 CERTIFICATE NUMBER: 14480044 REVISION NUMBER: xx?{}(xxx
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE,FOR,THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENIT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLTYPE OF INSURANCE JUM SUER POLICY NUMBER MMtDD Y
YYY
LTR MM/DD!YY LIMITS
LT
X COMMERCIAL GENERAL LIABILITY N N EACH OCCJI 'IC::_
A HDOG2786871A 7/17/2017 7/17/2018
CLAIMS-MADE �OCCUR PREMISES.iE '4T
en_ae S 11111,1}f11
X 2MIL AGG PER LOC MED EXP(A., aa) $_S,U11(1
X 2MIL AGG PER PROJECT PERSONA; ' 11(1(1-000
GEN'LAGGREGATE LIMIT APPLIES PER: GFIJI 1(1-(1oo 0110
X POLICY F—]JC07 F—]LOC P2ODUCTS-COMPiQPA�..- S c QU0(100 -
OTHER: R$
A AUTOMOBILE LIABILITY N N ISAH09061381 7/17/2017 7/17/2018 COMBINED SINGLE LIMIT ,, 0 '(�0()
Ea�acc�deirr` �,
X ANY AUTO BODILY INJURY(Pao':ao-amon+ $ X x x x_'�_'Xx
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILYINJURY .3l ki x xx x x
HIRED NON-OWNED PROPEVTY DAMAGE
AUTOS ONLY AUTOS ONLY a('e�acc deal; _ xxxxxxx
L xxxxxxx
C 'X UMBRELLALIAB X OCCUR N N XOOG28134800002 7/17/2017 EAC-nCCJRRENCE $ 1,000,000
EXCESS LIAB CLAIMS-MADE AGC:REGATE 5 1,000-000
DED RETENTIONS XX:y_xxxx
WORKERS COMPENSATIONI PER OTH-
A AND EMPLOYERS LIABILITY N WLRC64413995(AZ CA MIA) 7/17/2017 7/17/2018 S t kn+TE _ER
E Aran PRCP�IE a .+z rNE ;ExECurivE
YIN WLPC64414008 TN� ) 7/17/2017 7/17/2018 � EAc:I AcIJENT $ I.Q(1(1 P00
D Gr=� Exr.�EI.ISE¢Exc���Eo�+ N A SCFC64414021 7/17/2017 7/17/2018 —
B IMandatory in NH) -- WLRC6441398 AOS 7/17/2017 7/17/2018 e.L .7fSFAS>1- _A EMP'_L)YEE $
DESGRIPTION O? Oi'[,(Al ICNS gelryw E.L.DISEASE.-POLICY{,IMI- $ [,000.000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mon space Is required)
CERTIFICATE HOLDER CANCELLATION
14480044
SAMPLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVF.f
Oc 198&-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/7/2017
DATE: Tuesday,November 7,2017 REFERENCE NO.: **P-12119
LOG NAME: 13P17-0245 CABLE TV INTERNET DRK FIBER DG IT
SUBJECT:
Authorize Non-Exclusive Purchase Agreements with AT&T Corporation,Charter
Communications Operating,LLC,Windstream Services,LLC and Amendment to
City Secretary Contract No.47307 with Zayo Group,LLC for Television,
Internet and Dark Fiber Services for the Information Technology Solutions
(ITS)Department at Various Locations Citywide in a Total Amount Up to
$480,000.00 for an Initial Three-Year Term(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize entering into a
non-exclusive three-year purchase Agreements with AT&T Corporation,Charter
Communications Operating,LLC,Windstream Services,LLC and amendment to
City Secretary Contract No.47307 with Zayo Group,LLC, to provide
television,intemet and dark fiber services at various locations Citywide,
for the ITS Department in an amount up to$480,000.00 for the initial
three-year term; $160,000.00 for the first renewal year; $160,000.00 for
the second renewal year.
DISCUSSION:
The Information Technology Solutions(ITS)Department will use these
Agreements to provide television,intemet and dark fiber services at
various locations Citywide,for new and existing City facilities. The City
has approximately 150 facilities with television services with 600 drops,
business intemet services to approximately 160 locations and dark fiber
services to 17 locations for use as part of the City's network.
BID ADVERTISEMENT-This bid was advertised in the Fort Worth Star-Telegram
on March 29,2017,April 5,2017,April 12,2017,April 19,2017 and April
26,2017. Fifty-Seven vendors were solicited from the Purchasing database
system;Five responses were received.
PRICE ANALYSIS -The unit prices are 75 percent higher than the pricing on
the previous annual Agreement awarded in June 16,2015(M&C C-26580),due
to the addition of dark fiber services. Staff reviewed the proposal
pricing and certified that the prices offered by the recommended vendors
are fair and reasonable.
BID TABULATION- See attached bid tabulation.
M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Purchasing Division and approved by the M/WBE Office,
in accordance with the BDE Ordinance,because the purchase of goods or
services is from sources where subcontracting or supplier opportunities are
negligible.
AGREEMENT TERM-Upon City Council's approval,this Agreement shall
commence on November 8,2017 and shall expire on November 7,2020.
RENEWAL OPTIONS-The Agreement may be renewed for up to two additional
one-year terms by mutual agreement of the parties. 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.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase
may be made by the City Manager in the amount up to$50,000.00 and does not
require specific City Council approval as long as sufficient funds have
been appropriated.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available within the
existing appropriations of the Information Technology Solutions Department
for these expenditures and that prior to an expenditure being made,the
Information Technology Solutions Department has the responsibility to
validate the availability of funds.
BQN\17-0245\DG
FUND IDENTIFIERS(FIDs)o
ID
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Project Program Activity Budget Reference# Amount
Fund ID Account ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Cynthia B. Garcia (8525)
Darian Gavin (2057)
ATTACHMENTS
1. 17-0245 Signed Waiver,ydf (CFW Internal)
2. ATT EPLS.pdf (CFW Internal)
3. Bid Tabulation RFP 17-0245,pdf (Public)
4. CHARTER COMMUNICATIONS HOLDING COMPANY LLC EPLS.pd (CFW Internal)
5. Form 1295 -Windstram,pdf (Public)
6. Form 1295 ATT.pdf (Public)
7. Form 1295 Spectrum Ent JC Baley,pdf (public)
8. Form 1295 Spectrum Ent V Smith R Johnson.pdf (public)
9. Form 1295 Zayo Gr=.Udf (Public)
10. Requisition.pdf (CFW Internal)
11. WINDSTREAM CORPORATION EPLS.pdf (CFW Internal)
(I8UJ7uI -ZI
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 d there are no interested paries. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-250068
Windstream
Addison,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/15/2017
being filed.
City of Fort Worth Date Acknowled ed:
3 Provide the identification number used by the govemmentai entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
17-0245
Internet Services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
City of Fort Worth Fort Worth,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of loonzed agent of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
Sworn to and subscribed before me,by the said Tony Thomas this the 16th day of_ August
20 17 ,to certify which,witness my hand and seal of office.
FEUCIA DAVIS
MYCOMMISSION# avis NotaiT Public
EXP 2M
Sig lure of officer ad irti oath Pula9liF9MKtirame of icer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883