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Home My WebLink AboutContract 26960 CITY SECRETARY CONTRACT NO. Q ED T6 m ati N,7 T€L NETWORKS Authori=ed Dlstribulor SALES AGREEMENT This Sales Agreement ("Agreement") dated April 13, 2001 between Affiliated Telephone, Inc., ("ATI") and City of Fort Worth ( "CUSTOMER" ) specifies the terms and conditions under which ATI will provide CUSTOMER with equipment and services. 1. EQUIPMENT ATI agrees to sell, deliver, and install, and CUSTOMER agrees to purchase the telephone equipment outlined in Annex I, (the"EQUIPMENT") attached hereto and incorporated herein. 2. PAYMENT TERMS System Sales Price is $ 64,425.45 plus applicable tax. The total purchase price will be payable by CUSTOMER and is outlined in Annex II, attached hereto and incorporated herein. 3. TITLE ATI shall retain title to the EQUIPMENT until the full amount of the purchase price has been paid by CUSTOMER. In the event CUSTOMER shall default in prompt payment of any installment on account, ATI shall have the right, in addition to and not exclusive of any other rights it may have under the Uniform Commercial Code, to enter upon the premises where the EQUIPMENT is located and retake possession thereof without notice, free from any claims of CUSTOMER. 4. WARRANTY ATI warrants the EQUIPMENT sold hereunder as follows: ATI warrants that the EQUIPMENT will be free from defects for a period of one (1) year from the date of cut-over. ATI further warrants the installation labor for a period of one (1) year from date of cut- over. ATI's obligation hereunder shall be limited to the repair or, at its option, replacement of the equipment containing such defects, where such equipment has been subject to normal use and service and is returned or otherwise made available to ATI within the said one (1) year period except as stated herein. Standard manufacturer warranty applies as related to firmware, software, and workmanship. Customer Provided Equipment is not covered under warranty. CNAI �S\`S� uPDDD 720 Avenue F,Suite 109 Plana Texas 7_5074 9721423-4222 Fria-:9721472-9867 4. WARRANTY (continued) ATI HAS NOT AND DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE WITH RESPECT TO THE EQUIPMENT. ATI FURTHER DISCLAIMS ANY LIABILITY FOR SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR CONNECTED WITH THE USE OF THE EQUIPMENT BY CUSTOMER. 5. INSTALLATION The EQUIPMENT shall be installed at: City of Fort Worth 2400 Wilma Lane Arlington, TX 76012 (the PREMISES") The proposed cut-over date shall be October 1, 2001. ATI shall utilize its best efforts to complete installation by the cut-over date, but shall not be liable for any damages resulting from delays or other failure to perform under this AGREEMENT due to acts of God or any other cause beyond its control. 6. CUSTOMER RESPONSIBILITIES CUSTOMER agrees to permit ATI such access to the PREMISES as ATI may require for installation of the EQUIPMENT. CUSTOMER will provide adequate space for the EQUIPMENT and insure that light and an adequate A/C power source for the same is available before installation. CUSTOMER has been advised by ATI that an air-conditioned environment is necessary for the proper functioning of the EQUIPMENT and CUSTOMER agrees to provide such air-conditioning if necessary. Furthermore CUSTOMER agrees to make every effort to work with ATI to complete the individual requirements of the EQUIPMENT, necessary to complete the installation, no later than October 1, 2001. 7. RISK The risk of loss for any damage to or destruction of the EQUIPMENT or any portion thereof occurring from and after delivery thereof to the PREMISES shall be the responsibility of the CUSTOMER. CUSTOMER agrees to provide an area on the PREMISES for safekeeping of the EQUIPMENT prior to and during the installation by ATI. 8. TAXES CUSTOMER shall pay all sales, use, excise or other taxes payable or required to be collected by ATI which are levied or based upon the sale of the EQUIPMENT herein, and will indemnify ATI against any such taxes. 9. CHANGES Changes, additions or modifications with respect to the EQUIPMENT herein shall be mutually agreed to in writing by the parties and this AGREEMENT shall be deemed amended to that extent. In the event of any such changes, the purchase price herein shall be adjusted accordingly. Notwithstanding anything to the contrary, deletions made to the EQUIPMENT shall not exceed 8% of the total purchase price as specified in section Two (2)herein, or CUSTOMER will be subject to pay a charge for restocking equal to 20% of the list price of that portion of the Equipment that has been deleted or returned. f�I21I77 r�I� fr�rr�� rffnn1� r0 U'I>'UI��°k �=�15�� 720 Avenue F,Suite/09 Plano, Texas 75074 972/423-4222 Fax:972/422-9867 �rlJj/ ,n° a 10. ENTIRE AGREEMENT This AGREEMENT shall be subject to and governed by the laws of the State of Texas and constitutes the Entire AGREEMENT between the parties hereto. It shall not be changed or modified except in writing executed by other parties pursuant to Section 9 herein. ATI has made no representations or warranties extending beyond those set forth herein. CUSTOM R: Cj D IA��(2� y� AFFILIATED TELEPHONE, INC. BY: `y�'�-ham t" I�-�W}� ^ TITLE: TITLE: 'A-1 r C Q'nec A ve- DATE: DATE: ATTEST ale,04 p- y Contract Authorization Date "0 'r�t: G'� 720,I venme F.Surge 109 Plano, Texas 75074 9721423-4222 Fax:9721422-9867 Annex I QTY NT CODE DESCRIPTION 1 NTWB09AA OPTION 11C SINGLE CABINET (AC) 1 NTZE4001 CALLPILOT 1.07 NEW SYS ORDER C 1 NTZE80AB CALLPILOT 1.07 2011 BASE PACKA 1 NTZE07AA CALLPILOT 4 VOICE CHANNELS 2 NTZE19AA CP MULTIMEDIA MAILBOXES 20 V01 1 NTZE39AA CALLPILOT 1.07 TO MERIDIAN 1 I 1 NTUB53AB CP 2011 EXTERNAL SCSI TAPE DRI 1 NTUB16AB CALLPILOT EXTERNAL MODEM KIT 1 NTRG11AD CALLPILOT 1.07 2011 BASE DOC - 9 NT8D09BA ANALOG MESSAGE WAITING LINE CA 1 NT8D14BB UNIVERSAL TRUNK CARD 2 NT8D02GA DIGITAL LINE CARD (DLC) 1 AS1013 SPECIAL CONSOLE/LINE CARD PACK 1 NTSF8021 OPT 11C ENHANCED BUS SW PKG 1 NTSF8516 OPT11C RELEASE 23 FOR CALLPILO 1 NTSF6800 TMDI PKG (1.5MB DTI/PRI) 1 NTSF8730 TMDI D-CHANNELS 1 NTAK20AD CLOCK CONTROLLER CARD 1 NTSF8102 OPT 11C 100 ADD TNS ENH BUS 1 NTWB09BA OPTION 11C EXPANSION CAB (AC) 1 NTDK49BA OPTION 11C 30FT OR 10M EXPANS 1 NTDK22AA 30 FT OR 10M FIBER DAUGHTERBRD 25 NT9K08AA03 M2008 STD BUS TEL, BASIC, BLK 13 NT9K08AD35 M2008HF STANDARD BUS TEL W DIS 2 NT9K16AC03 M2616 PERF-PLUS TEL W/DISPLAY, 40 AS1182 PREPRINTED FTRE KEY CAP PKG OF 3 AS1082 MERIDIAN MOD TELEPHONE USER GD 2 NTAK98AA POWER SUPPLY CABLE 1 AS7011 DEC TERMINAL PACKAGE 1 MPR03556 TRUNK SIDE/SMALL IP EXPRESS KI 1 AMP1102 CREDIT:NDP:Option 11 $ 2000.00 1 CSU �a WDS 720 Avenue F.Suite l09 Plano, Texas 7.1074 972423-4222 Fay-:9721422-9867 Annex II PAYMENT SCHEDULE STRAIGHT PURCHASE OPTION: 70% DUE UPON EXECUTION OF SALES AGREEMENT 30% DUE UPON INSTALLATION OF TELEPHONE SYSTEM ** Applicable sales tax is due with the initial payment. THIRD PARTY LEASE OPTION: Customer agrees to use his best effort to complete the lease application within 72 hours of receipt and to provide any additional information, requested by the lessor that may be required to approve the lease application. Customer further agrees to perform an inventory of the equipment when delivered and to complete functional testing within 72 hours of the system being placed into service. The customer agrees to provide the seller with a written "Exception List' (discrepancies) of item not working for correction by seller. At the time the discrepancies are cleared or within 72 hours of the system being cut into service, if no discrepancies exist, the customer agrees to sign the delivery acceptance certificate provided as part of lease application and release for payment. L1au1D pj n 720 Avenue F,Suite 109 Plano, Texas 75074 972/423-4222 Fax:972/422-9867 City of Fort Worth, Texas "Avow And (Council communication DATE REFERENCE NUMBER LOG NAME PAGE 6/5/01 **P-9390 I 60PHONE 1 of 2 SUBJECT PURCHASE AGREEMENT WITH AFFILIATED TELEPHONE, INC. FOR EQUIPMENT AND INSTALLATION OFA NEW PRIVATE BRANCH EXCHANGE EQUIPPED WITH AN AUTOMATIC CALL DISTRIBUTION SYSTEM FOR THE WATER DEPARTMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a purchase agreement with Affiliated Telephone, Inc. for equipment and installation of a new Private Branch Exchange (PBX) equipped with an Automatic Call Distributing System (ACD) using State of Texas Catalogue Purchasing Procedures for a fee not to exceed $65,000. DISCUSSION: The current telephone system at the Village Creek Wastewater Treatment Plant (VCWWTP) is no longer serviceable and must be upgraded to improve efficiency and customer service. This upgrade will allow the VCWWTP to serve as a back up call center providing customers the ability to access the City in times of emergency when the downtown location is unavailable. This system upgrade also includes the installation of fiber-optic lines and replacement of the PBX equipment and phone sets. Affiliated Telephone, Inc. will provide the equipment and install the program PBX and Meridian Mail. The vendor will also train personnel on the use of the telephone sets and the automatic call distribution system. Under Section 271.083 of the Texas Local Government Code, a local government satisfies otherwise applicable competitive bidding requirements when it makes a purchase through the State of Texas Catalogue Purchasing Procedures established by Section 2157.061 of the Texas Government Code. The City will comply with those provisions for the purchase agreements authorized under this Mayor and Council Communication. A waiver of the goal for M/WBE subcontracting requirements was requested by the Water 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. City of Fort Worth, Texas 4volvair AndC ouncil Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/5/01 **P-9390 I 60PHONE 1 2 of 2 SUBJECT PURCHASE AGREEMENT WITH AFFILIATED TELEPHONE, INC. FOR EQUIPMENT AND INSTALLATION OF A NEW PRIVATE BRANCH EXCHANGE EQUIPPED WITH AN AUTOMATIC CALL DISTRIBUTION SYSTEM FOR THE WATER DEPARTMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer6140 CITY COUNCIL Originating Department Head: Dale Fisseler 8207 (from) JUN 5 2001 PE45 535040 0604002 $32,500.00 yup Additional Information Contact: PE45 535040 0704002 $32,500.00 ll City Secretary of the Dale Fisseler 8207 city of Fort Worth,Texas