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CONTRACI' NO.
WIRELESS VOICE SERVICE AND EQUIPMENT AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND PROGRESSIVE CONCEPTS INCORPORATED
Th�s WIRELESS VOICE SERVICE AND EQUIPMENT AGREEMENT ("Agreement") is
made and entered into by and between the CITY OF FORT WORTH (the "City" or "CFW"), a
home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties,
Texas, with its principal place of business at 1000 Throckmorton Street, Fort Worth, Texas
76102, acting by and through Karen L. Montgomery, its duly authorized Assistant City
Manager, and Progressive Concepts Incorporated ("PCI"), an authorized reseller of
Cingu►ar0 Wireless services, d/b/a Hawk Electronics, a Texas corporation, with its principal
place of busine s at 5 18 Airport Freeway, Fort Worth, Texas 76117, acting by and through
�� Cv � �.( -�(,�(�j , its duly authorized �!�� , collectively
referred t as the "parties."
CONTRACT DOCUMENTS
This Agreement consists of the following documents, which are attached hereto and
incorporated into this Agreement for all purposes herein:
1. Wireless Voice Service and Equipment Agreement
2. Exhibit "A" — Scope of Services
3. Exhibit "B" — Service Level Agreement
4. Exhibit "C" — Website Service Level Agreement
5. Exhibit "D" — Reporting Requirements
6. Exhibit "E" — Wireless Voice and Data Access Services
The Contract documents shall also include City of Fort Worth Request for Proposal ("RFP") No.
05-0310 and PCI's response to that proposal ("Response"), which are both hereby incorporated
by reference and made a part of this Agreement for all purposes herein. In the event of a
conflict between the contract documents, the order of precedence is as follows: (i) this
Agreement (ii) RFP No. 05-0310 (iii) the Response.
DEFINITIONS / ROL�S AND RESPONIBILiTIES
Account Manager shall mean the PCI emplayee who serves as the primary contact for the City
in day to day business needs. The Account Manager provides fulfillment of orders placed by the
City and is the primary contact at the Retail Store for City employees. The Account Manager
reports to the Area Manager and Director of Customer Care.
Area Manager — shall mean the PCI employee wha serves as the contract negotiator and
primary contact for escalations. The Area Manager is responsible for operations related to
fulfilling all equipment needs and customer service consulting on design of the website.
Cell Phone Coordinator(s) shall mean the City of Fort Worth employees who serve as the City
Department representatives and act as liaisons between PCI and the City.
City Hall Campus shall mean the buildings that compose Fort Worth City Hall, City Hall Annex,
Fort Worth Public Safety and Courts Building, and the Zipper Building.
City of Fort Worth, City or CFW shall mean all City employees, manage
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agents, representatives, user(s), or customers who are authorized to use the equipment and
services provided under this Agreement.
Corporate Accounts Supervisor shall mean the PCI employee that oversees staff that is
dedicated for Major Account Customers. This group focuses on billing, resolving service
problems, opening and closing of accounts, and assists the "Account Manager" in meeting the
customer's needs. The Corporate Accounts Supervisor reports to the Director of Customer
Care.
Department shall mean the specific department within the City of Fort Worth organization.
Director of Customer Care shall mean the PCI employee who is responsible for billing and
customer service to the City.
GSM shall mean Global Systems for Mobile Communications.
IT Solutions Cellular Administrator shall mean the City IT Solutions employee who will be
responsible for overall management and oversight of all equipment and services provided
pursuant to this Wireless Voice Service and Equipment Agreement.
In-House Staff shall mean PCI Web Team and IT Solutions Department staff dedicated to
responding to issues related to this Agreement.
STANDARD TERMS AND CONDITIONS
SCOPE OF SERVICES.
Vendor shall provide Wireless Voice Service and Equipment as specified in Exhibit
"A," which is attached hereto and incorporated for all purposes incident to this agreement.
2. TERM.
The initial term ("Term") of this Agreement shall begin on the date last executed by all
parties ("Effective Date") and be effective for a period of two (2) years, unless terminated earlier
in accordance with any applicable provision set forth herein. The term may be extended upon
the mutual written agreement of the parties for up to three (3) consecutive one-year periods.
3. PAYMENT.
(A) Billing. The City shall pay PCI within thirty (30) calendar days from the date of the
City's receipt of PCI's invoice for equipment or service(s) provided by PCI to the City, including
without limitation all applicable interconnect fees, recoveries and other similar charges imposed
on services in the amount set forth on the invoice. For Departments with multiple account
numbers, along with its payment, the City will identify the specific amounts being paid for each
account number. The creation of new cell sites, PCI's implementation of new billing
technology, delays in the reporting of international or other roaming charges between carriers,
and other similar events may result in delayed billing.
(B) Payment. The City shall make full payment for all charges for equipment and
services provided under this Agreement, including monthly services charges, usage charges,
assessments and any additional fees or charges imposed on the City or on PCI and associated
with the Service or the Equipment. The City is responsible for all authorized charges or
purchases associated with the City's phone number(s), service and equipment.
(C) Disputed Charges. The City shall have the right to dispute those charges that the
City believes are the result of (1) a billing error; (2) a problem related to the PCI's service; (3)
unauthorized charges; or (4) dropped calls. To dispute any charges, the City shall submit a
written notice to PCI within ninety (90) days following the date that the City first learned of the
problem or before the end of the third billing cycle after the date upon which the problem
occurred, whichever occurs later, and PCI thereafter shall diligently and in good faith work with
the City to resolve the problem. Any undisputed charges shall be paid by the City when due.
4. TERMINATION.
(A) Written Notice. The City or PCI may terminate this Agreement at any time and for
any reason by providing the other party with sixty (60) days written notice of termination.
(B) Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by the City in any fiscal period for any payments due hereunder, City will notify
PCI 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 shall
have been appropriated.
(C) Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, the City shall pay PCI for services actually rendered as of the
effective date of termination and PCI 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.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
PCI hereby warrants to the City that PCI has made full disclosure in writing of any
existing or potential conflicts of interest related to PCI's services and proposed services with
respect to the Scope of Services to be provided under this Agreement. In the event that any
conflicts of interest arise after the Effective Date of this Agreement, PCI hereby agrees
immediately to make full disclosure to the City in writing. PCI, for itself and its officers, agents
and employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written
approval of the City. PCI 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. PCI shall notify the City immediately if the security or integrity of any
City information has been compromised or is reasonably believed to have been compromised.
If the City is required to disclose any documents that may reveal any PCI proprietary
information to third parties under the Texas Public Information Act, Chapter 552 of the Texas
Government Code (the "Act"), or by any other legal process, law, rule or judicial order by a
court of competent jurisdiction, the City will utilize its best efforts to notify PCI prior to
disclosure of such documents. The City shall not be liable or responsible in any way for the
disclosure of information not clearly marked as "Proprietary / Confidential Information" or if
disclosure is required by the Act or any other applicable law or court order. In the event there
is a request for such information, it will be the responsibility of PCI to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by
the City, but by the Office of the Attorney General of the State of Texas.
6. RIGHT TO AUDIT.
PCI shall agree that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of PCI involving transactions relating
to this Agreement. PCI agrees that the City shall have access during normal working hours to
all necessary PCI 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
PCI reasonable advance notice of intended audits.
PCI further agrees to include in all its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years
after final payment of the subcontract, have access to and the right to examine at reasonable
times any directly pertinent books, documents, papers and records of such subcontractor
involving transactions related to the subcontract, and further that the City shall have access
during normal working hours to all subcontractor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that PCI 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, PCI 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. PCI acknowledges that the doctrine of
respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and PCI, its officers, agents, employees, servants, contractors and
subcontractors. PCI further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and PCI.
4
8. LIABILITY AND INDEMNIFICATION.
PCl SHALL BE L/ABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY
LOSS, PROPERTY DAMAGE AND/OR PERSONAL /NJURY, INCLUD/NG DEATH, TO ANY
AND ALL PERSONS, OF ANY K/ND OR CHARACTER, WHETHER REAL OR ASSERTED,
TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR /NTENTIONAL MISCONDUCT OF PCI, lTS OFF/CERS, AGENTS,
SERVANTS OR EMPLOYEES.
PCl COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGA/NST ANY AND ALL CLA/MS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUD/NG ALLEGED DAMAGE OR LOSS TO PCl'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL /NJURY,
INCLUD/NG DEATH, TO ANY AND ALL PERSONS, OF ANY K/ND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR /N CONNECT/ON W/TH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF PCI, lTS OFF/CERS, AGENTS, SERVANTS OR EMPLOYEES.
PCI agrees to defend, settle, or pay, at its own cost and expense, any claim or
action against the City for infringement of any patent, copyright, frade secref, or similar
property right arising from the City's use of the services or equipment in accordance
with this agreement. PCl shall have the sole right to conduct the defense of any such
claim or action and all negotiafions for its settlement or compromise and to sett/e or
compromise any such claim, The City agrees to cooperate with it in doing so. The
City agrees to give PCl timely written notice of any such claim or action, with copies of
all papers the City may receive relafing thereto. If the services or equipment or any part
thereof are held to infringe and the use fhereof is enjoined or restrained or, if as a result
of a settlement or compromise, such use is materially adversely restricted, PCI shall, at
its own expense, either: (a) procure for the City the right to continue to use the services
and equipmenf; or (b) modify the services or equipmenf to make them non-infringing,
provided that such modification does not materially adversely affect the
City's authorized use of the services or equipment; or (c) replace the services or
equipment with equally suitable, compatible, and functionally equivalent non-infringing
services or equipmenf at no addifional cost to the City; or (d) if none of the foregoing
alternatives is reasonably available to PCI, terminate fhis Agreement and refund to the
City fhe payments actually made to PCI under fhis Agreement for fhe services and or
equipment at issue.
9. ASSIGNMENT AND SUBCONTRACTING.
PCI shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants such consent, the
assignee or subcontractor shall execute a written agreement with the City under which the
assignee or subcontractor agrees to be bound by the duties and obligations of PCI under this
Agreement.
10. INSURANCE.
PCI shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work
pursuant to this Agreement:
10.1 Coveraqe and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Property damage
$500,000 Bodily injury per person per occurrence
Coverage shall be on any vehicle used by the PCI, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee
(d) Technology Liability (Errors & Omissions-E&O)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Technology coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Technology E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
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10.2 Certificates.
Certificates of Insurance evidencing that PCI has obtained all required
insurance shall be delivered to the City prior to PCI proceeding with any work
pursuant to this Agreement. All policies shall be endorsed to name the City as
an additional primary insured thereon, as its interests may appear. The term
City shall include its employees, officers, officials, agent, and volunteers in
respect to the contracted services. Any failure on the part of the City to request
required insurance documentation shall not constitute a waiver of the insurance
requirement. 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. Such terms shall be
endorsed onto PCI's insurance policies. Notice shall be sent to the Risk
Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102,
with copies to the City Attorney at the same address.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
PCI agrees to comply with all applicable federal, state and local laws, ordinances, rules
and regulations. If the City notifies PCI of any violation of such laws, ordinances, rules or
regulations, PCI shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
PCI, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the perFormance of PCI'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 PCI, its personal representatives, assigns,
subcontractors or successors in interest, PCI 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 in writing and
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/IT Solutions
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
To PCI:
Progressive Concepts,lnc.
dba/ Hawk Electronics
5718 Airport Freeway
Fort Worth TX 76117
14. SOLICITATION OF EMPLOYEES.
Neither the City nor PCI shall, during the term of this agreement and additionally for a
period of one 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 other 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 PCI 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 PCI's respective right to insist upon appropriate perFormance or to assert any such right on
any future occasion.
17. CONSTRUCTION.
This Agreement shall be construed in accordance with the internal 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 PCI 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.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised 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.
21. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any
documents incorporated herein by reference, contains the entire understanding and
agreement between the City and PCI, 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.
IN VI�(ITNESS EREOF, the parties hereto have executed this Agreement in multiples this
,� day of , 200� �i
CITY OF FORT WORTH:
PROGRESSIVE CONCEPTS INC.
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ay: � ��� �� � ' �� By: �,�c� � ,���i�, � i ��vl ��
Assistant City Manag r/CFo� (name) �eorge Hechtman
Karen L. Montgomer (tltle) Chief Operating Officer
ATTEST:
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APPROVED AS TO FORM AND
LEGALITY:
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By:� I t—`{�o �-
Assistant ity Attorney
M&C: P-10430; Approved 8/3/06
ATTEST:
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By: �
APPROVAL RECOMMENDED:
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BY- � �� �
Pete Anderson
Chief Information Officer
IT Solutions
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EXHIBIT A
SCOPE OF SERVICES
1.0 Hardware
1.1 The prices listed herein that have been extended to the City of Fort Worth shall remain
in effect for the term of the contract. If lower pricing becomes available during the term
of the contract, the lower price will be provided to the City.
1.2 Discounts from List Price for Other Equipment
PCI shall provide a catalog of equipment. Catalog pricing will be reviewed and updated
on a monthly basis. CISV list prices are noted and also available on select items at
www.hawkelectronics.com/cisv/cisv.htm. The City may also request a current price in
the event such list is unavailable or inaccessible. The City may choose from any of the
wireless equipment listed in the catalog.
1.3 PCI shall provide storage of the City's excess purchased Cellular equipment inventory at
the Camp Bowie location. This City equipment is any purchased cellular equipment and
does not include the older equipment which has been upgraded. The equipment will be
available for redeployment at the City's request and can be managed online utilizing the
Enterprise Solution Product.
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
1.3.6
1.3.7
PCI shall identify, mark and record equipment received.
PCI shall maintain equipment in an inventory system.
The equipment shall be used for authorized purposes.
PCI shall segregate the City's equipment from other devices.
PCI shall maintain, repair, protect and preserve the equipment.
PCI shall keep online reports/records of equipment use.
PCI shall prepare and correct inventory reports.
2.0 Upgrades
2.1 PCI shall provide the City with upgrades every eighteen (18) months. PCI will always
make available at least one free phone of comparable quality for upgrades, as well as
other phones at the City's discounted price. PCI shall also provide early upgrades for
any phones that have become two generations behind the current GSM technology for
voice calls.
2.2 The City's current equipment is compatible with Cingular's GSM technology. PCI shall
assist the City by taking in equipment from other carriers and providing a credit toward
the purchase of new equipment. The credit amount shall be based on the model, the
condition, and the current market values at the time of the request. The City shall
provide PCI with a list of equipment that it may wish to use in these instances so PCI
may arrange for the best credits possible.
2.3 PCI shall notify the
needed for upgrade,
cost to the City.
City of any system or equipment upgrades. When equipment is
PCI shall make available at least one free piece of equipment at no
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equipment is introduced in the market. These units, including software and
accessories, shall be provided to the City for testing and evaluation at no charge. All
new model availability shall first be tested and approved by fT Solutions prior to general
availability to City of Fort Worth employees.
2.5 PCI shall provide upgrades for all equipment in service under this Agreement to the
City. The City may return any old equipment to PCI. PCI shall dispose of this
equipment for the City in an environmentally safe manner. The value of this used
equipment is $0. There is a$10 administrative and disposal expense incurred by PCI,
and PCI agrees to absorb this expense. PCI agrees to be liable for disposal penalties if
environmental restrictions are not met.
2.5.1 Prior to disposition of old equipment, PCI shall have all City identification and
contact information deleted from the devices. Before the City employee
releases a handset to PCI, it is recommended that the employee delete any
confidential or privileged infiormation.
3.0 Maintenance
3.1 The Cell Phone Coordinator will have seed stock of used cell phones to redeploy for
phone maintenance or emergency situations. The seed stock will include standard cell
phones that can be made ready for use by inserting a Sim card. In addition, PCI will
provide a limited number of activated used ar new phones. The number of phones in
this seed stock is outlined below. The City must notify PCI when an activated phone is
placed in service and specify which rate plan the City would like to place it on for billing.
Cell phone quantities without Sim Cards:
10 Police
10 Water
5 Fire
5 IT Solutions
Ready to use cell phones with Sim cards:
2 Police
2 Water
2 Fire
4 IT Solutions
Employees are to contact their Gell Phone Coordinator for the following issues:
1. Phone has no signal
2. Phone is broken
3. Need to change plans
4. Need text messaging
5. Need Intemet access
Cell Phone Coordinators will then be able provide the employee with a phone for
temporary use. If the Cell Phone Coordinator is unavailable or unable to assist the
employee, the employee is to contact the fT Cell Phone Administrator for assistance.
3.2 Maintenance Service Coverage Categories
The Account Manager shaA be available Monday through Frida� from 8:00 a.m. to 5:30
p.m., CST, to assist the Cell Phone Coordinators with ali transactions and issues that
may arise related to maintenance and changes. In addition, maintenance assistance is
also available in the PCf branch office (6411 Camp Bowie Blvd) Monday through
Saturday excluding holidays from 8:00 a.m. to �:aQ p.m., CST. PGI staff inembers at
the Camp Bowie location can assist City employees with transactions and service
issues that are pre-approved for the employee by the Cell Phone Coordinator, in the
event the Cell Phone Coordinator cannot adequately assist with the specific
maintenance issue(s) through the Caordinata�'s seed stock. Customer Service is
available from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 a.m. to 7:30
p.m., CST, on Saturdays. PCI shall have live 24-hour call center/help line answering
services available 365 days a year through PCI on-call personnel. If resolution cannot
be made thraugh normal channels, see escalation procedures outlined in Section 6.3 of
this F�chibit A. Off-site service shall be available on an emergency basis.
3.3 Warranty / Out of Warranty
Manufaeturers' warranty is one year. PGI shall provide an additional warranty for the
life of all phones for as long as they are in service under this contract, which includes
repair and service to all equipment at no charge. The warranty covers normal wear and
tear. It does not cover loss or physical damage. In additian, PCI shall provide a
lifetime warranty on all accessories including batteries, car chargers and headsets, at
no charge to the City.
PCI shall repair or replace a nan-warking device. The replacement or an equivalent
device will be provided the same day requested_
4.0. Wireless Service
4.1 PCl/Cingular shall provide superior call quality
following techniques:
Third Generation (3G}
GSM/General Packet Radio Service (GPRS)
Enhanced Data Rates for GSM Evafuation (EDGE)
Universal Mobile Telephony Service (UMTS}
and data transmission utilizing the
4.2 PCl/Cingular shall complete the integration of the AT&T Wireless system in the time
agreed to by the parties. This process will enhance the existing coverage area.
PCl/Cingular will further continue to manitor and assess fihe need for additional cellular
towers to maintain the most efficient and effective voice and data transmission and will
be prepared to install towers as reasonably determined by PCl/Cingular's business and
technical judgment.
4.3
PCI shall continue to meet with the City to ensure that agreed upon Service Levels are
monitored and met.
4.4 Coverage
4.4.1 Local coverage is the Dallas-Fort Worth metropolitan statistical area as defined
by the U.S. Census Bureau. Regional coverage historically has been the state
of Texas along with parts of Oklahoma and Louisiana. National coverage is the
United States, including Hawaii, Alaska, Puerto Rico and parts of Mexico and
Canada.
4.4.2 Long Distance calls to Mexico or Canada can be made from the United States at
the following rates (standard airtime rates apply):
Country Standard Discounted Rates
Rates per $3.99 per Month
minute
Canada $.49 $.09
Mexico $.20 $.19
4.4.3 Cingular has roaming agreements with other wireless carriers. Roaming charges
may apply based on the rate plan and roaming agreement then in effect.
4.4.4 PCI Tech Support Department shall work closely with Cingular's Network Team
to resolve coverage issues. If a problem is identified, corrections shall be made
by PCI. If this does not resolve the problem, PCI shall work on behalf of the City
to promote coverage enhancements for that area.
4.4.5 Coverage of City Hall Campus
Cingular plans to install a macro site at the Southwestern Bell building west of
the City Hall Campus in late 2006. The PCI Network Team believes that this will
address most service issues at City Hall, the Annex and Swift Buildings.
PCI is a distributor for signal enhancement devices. If, after Cingular has
completed their enhancements and there are still areas needing improvement,
PCI will re-evaluate these areas to determine the best method of providing
coverage. PCI shall install enhancements to the lower level of City Hall at no
cost to the City. In any event, if Cingular has not installed the macro site, PCl
shall provide signal enhancements no later than ninety (90) days following
execution of this Agreement.
4.5 Emergency Services
4.5.1 Cingular has several Cell on Wheels (COW) in the area that shall be made
available to the City as needed solely for emergency situations. PCI shall
maintain 100 active phones ready for emergency use by the City at no additional
charge. These units will be located at PCI's headquarters at 5718 Airport
Freeway, Fort Worth, Texas, and can be picked up within 2 hours of the request
by the City. The emergency phones can be placed on whatever type of rate plan
or coverage the City requires. To initiate the plan, the City will contact either the
Area Manager, or Director of Customer Care, or another PCI designated
representative. There would be no cost to the City for the service or the phones,
provided the equipment is returned to PCI upon termination of use.
4.5.2 The City shall periodically audit/test the emergency phones to ensure their
readiness for emergency use.
4.5.3 Satellite phones are available upon request. Costs for the phones and services
will be determined at the time requested. PCI currently is not a provider of
satellite phones, but units can be obtained at the City's request.
Sample equipment and rates may include:
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GPS 260Q Handheld Satellite Phone $575.00
Yearly Rate for 1800 minutes $780.00
Service Provided by Globalstar
4.6 Rate Plans
The City may change rate pfans as often as needed at no charge.
All rates provided are for GSM service, but will app(y to any other Cingular certified
equipment the City may have in use (Analog, TDMA, GAIT). The following features can
be disabled on a phone-by-phone basis: data, text messaging, Intemet access and
downloads. Roaming and lang distance cannot be disa6led, but certain rate plans are
provided with no roaming or long distance charges. Directory Assistance cannot be
disabled; however, users can send a text message to 46645 (GOOGL on most phones)
to obtain directory information for $.10 per message_ This service would be at no cast
to users with the Local Unlirriited Calling Plan since this plan includes unfimited text
messaging.
4.6.1 Flat Rate
The Flat Rate Plan shall provide a low fixed monthly aceess fee and per minute
charges as requested. There is no restriction on call length. This is a
Nationwide Plan, which includes caller ID, call forwarding, 3-way calling, call
waiting, call detail, and voicemail. Te�ct Messaging, MMS Messaging and Data
are not included in this plan. This plan has a$1Q per month access charge and
a$.06 per minute usage charge, which includes long distance and roaming.
Nationwide
Rate Descriptian Monthly Access Coverage
Minutes
Flat Rate $10.Q0 $.06/min
4.6.2 Local Unlimited Cafling
The Local Unlimited Calling Plan includes local minutes, voice mail, call
forwarding, call waiting, caller fD, 3-way ca[ling, unlimited text messaging and
unlimited {ong distance. MMS messaging and data are not included in this plan.
These rates are covered under the local coverage map only, which includes the
seven caunties of Tarrant, Dallas, Paricer, Denton, Johnson, Ellis and Wise.
PCI will absorb the first fhirty (30) minutes of roamer airtime per month per line.
Local Roamer
Rate Monthly Coverage Roamer Overage Long Text
Description Access Minutes Minuies Charge Distance Messaging
Local $60.00 Unlimited 30 minutes $.0.79 Unlimited Unlimited
Unlimited minutes in included /min* from home
Galling home area area
�$5.00 monthly raamer administration fee will be charged if roamer airtime
exceeds 30 minutes.
4.6.3 Nationwide Calling
The following rate plans are Nationwide (includes Alaska, Hawaii and Puerto
Rico) and includes, voicemail, call forwarding, call waiting, caller ID, rollover
minutes call detail, expanded mobile to mobile and night and weekend minutes.
Text Messaging, MMS messaging, and data are not included in this plan.
Included
Rate Monthly Anytime Overage Expanded Night & Rollover
Descri tion Access Minutes Char e M2M Min. Wkends Minutes
B2B 275 $25.60 275 $.45 1000 None No
GSM Nation
B2B 550 $33.60 550 $.45 Unlimited Unlimited Yes
GSM Nation
B2B 750 $41.60 750 $.40 Unlimited Unlimited Yes
GSM Nation
B2B 1200 $57.60 1200 $.35 Unlimited Unlimited Yes
GSM Nation
B2B 2100 $81.60 2100 $.25 Unlimited Unlimited Yes
GSM Nation
B2B 3150 $121.60 3150 $.15 Unlimited Unlimited Yes
GSM Nation
B2B 4200 $161.60 4200 $.10 Unlimited Unlimited Yes
GSM Nation
B2B 6300 $201.60 6300 $.07 Unlimited Unlimited Yes
GSM Nation
4.6.4 International Services
There are currently six international packages available. Cingular World
Connect provides reduced international long distance rates to over 220 countries
while the user is in the United States.
Cingular World Bundles Monthly Included Minutes, Message, etc
Fee
Cingular World Connect • Reduced International Long Distance
$3.99 rates
Note: Not available for • Rates for all countries available on
customers on North America International Long Distance Dialing chart
Rate Plans
Cingular World Traveler * • Reduced International Roaming rate while
$5.99 in over 80 countries
Note: Not available for • Rates for all countries available on
customers on North America International Roaming chart
Rate Plans
Cingular Mexico* • Reduced international roaming rate of
$4.99 $0.59/min while in Mexico
Note: Not available for • Reduced rate of $.09/min to call to
customers on North America Mexico from the U.S.
Rate Plans • All other available roaming and dialing
countries are at standard rates
Cingular Canada* • Reduced international roaming rate of
$3.99 $0.59/min while in Canada
Note: Not available for • Reduced rate of $.19/min to call to
customers on North America Canada from the U.S.
Rate Plans • All other available roaming and dialing
countries are at standard rates
*Cingular World Connect is the oniy intemational feature that can be added to these plans.
Push to Ta)k — GSM Nation Rate and Push to Talk Phone Required
Type Charge Overage
PTT Single Account $9.99 N/A
Wireless Internet — Handset SurFing Only
Type Charge Overage
Wireless Internet Pay er Use $.01/kilobyte
1MB Wiretess lntemet $4.99 $.01/kilobyte
5MB Wireless Intemet $9.99 $.Q1/kilobyte
1QMB Wireless Intemet $14.99 $.01/kilobyte
Unlimited Wireless Intemet $19.99 N/A
5.0 Conversion
5.1 Implementation
When the City has instruments with cellular telephone numbers that need to port to
PCI, the PGI portable process shall be campfeted within iwo (2) hours 95% of the time.
5.2 Programming of New Equipment r
PCI handles the activation process, which includes programming of equipment. This
eliminates any additional actians requ�red of the City beyond making the initial request.
PCI representatives are a�ailable to train customers on new devices as needed at the
Branch Office (Camp Bowie).
5.3 Activation
PGI is a local Fort Worth company and operates an Aciivations Center six (6) days a
week. Monday through Friday, the Activations Center is open from 8:OOam — 9:OOpm
and on Saturday from 8:OOam — 7:30pm., CST.
5.4 Number/ESN Changes
Number/ESN changes are handled expeditiously and efficiently, see section 6.1,
ActivationslESN changes, for complete details
6.0 Customer Service/Service Levels
6.1 Activations/ESN Changes
The completion time for activations and ESN changes will be completed within two (2)
hours. Activations and ESN changes are completed via software program. There is a
level of redundancy built into the program where equipment information must be entered
twice to ensure accuracy. PCI will work with the City on Issue Logs, Status Reports or
Scorecards at the City's request.
6.2 Equipment Ordering
PCI shall offer the City a customized web tool for ordering equipment, rate plans,
features and accessories online. City employees will access a private URL, and after
registering online, will be able to place an order and submit it for authorization. Some of
the features of the website will include:
6.2.1 For all City cell phone coordinators
a. The ability to view their rate plan, features, minutes used and call detail
b. Make changes to their profile information
c. Secure Access requiring management authorization prior to access
and/or completion of orders
d. New activation including selecting and adding to the cart phones, rates,
features and accessories that are specific to the City of Fort Worth
e. Ability to make rate changes
f. Ability to add and/or remove features
g. Purchase of accessories only
h. Request loaner phone
i. Order tracking
j. Reporting
6.2.2 Management Level Access -- Management tools designed to make it easy to
access the information necessary to effectively manage multiple phone lines and
equipment within departments.
a. Notification and the ability to authorize orders prior to completion
b. Management tracking tools
c. Ability to Suspend service
6.2.3 Administrative Level Access -- Management tools designed to make it easy to
access the information necessary to effectively manage multiple phone lines and
equipment within departments and run City wide reports.
a. Notification and the ability to authorize orders prior to completion
b. Management tracking tools
c. Ability to Suspend service
d. Tools as needed to manage the cell phone contract, services and
equipment
6.2.4 Online Support for all users
a. Tutorials
b. User manuals
c. Frequently asked questions
d. Resources specific to the City of Fort Worth
6.3 Probtem Resolution
Once the City natifies PCI of any problems with billing, equipment, fraudulent usage, or
equipment repairs, PCI will v�rork ta find a satisfaetory resolutian for the City.
6.3.1 Bifling — PGI provides a dedicated billing representative who works directly with
CFW cell phone coordinators to identify and resolve billing issues. The
performance af this representative is measured through PCI Adjustment
Analysis Audits and Quality Improvement Program.
6.3.2 Equipment Ordering/Delivery and Invoicing — If equipment is ordered via the
website, PCI will be able to obtain reports to measure the timeliness and
accuracy of the fuffillment of these orders. In the event af an error, PCI will work
with the City to ensure that all corrections are made in the system and applied to
the account.
6.3.3 System Outages (pfanned/unplanned) — Should wireless transmission outages
occur, PCI shall notify City IT Solutians Custamer Service and IT Solutions Cell
Phone Administrator immediately to advise of the outage and provide an
estimated time of completion regarding the restoring of all affected services.
PCI will provide this notification immediately upon becoming aware of any such
outage.
6.3.4 System Coverage -- Any coverage problems reported by the City to PCI will be
researched and responded to within fwo (2) business days.
6.3.5 Fraudulent Usage — PCI has safeguards in place to protect the Ciiy against any
fraudulent charges.
6.3.6 Equipment Repair — PCI has and will continue to provide a warranty for the
phones for as lang as they are in service under the City of Fort Worth contract,
which includes repair and service to afl equipment at no charge. In cases where
it is in the best interest of the City, PC! may canduct �arly upgrades. This
warranty covers normal wear and tear. It does not cover loss or physical
damage. If a damaged unit can be repaired at a minimal cost (under $65), it
shall be repaired at no cost ta the Gity. A(oaner pf�one shalf be provided for the
customer to use until the phone can be repaired and retumed or repfaced. In
such an event, the user will receive his or her repaired phone within forty-five
(45) days or a comparable phone shall be issued.
6.4 Staffing LeveffAvailability
Account Manager and Account Assistant will provide first line customer support with
secondary support provided by the Corporate Accounts Team. An in-house staff of
local, live Government Customer Service Representatives are availabfe should the need
arise. In the event neither the Account Manager nor in-house staff can resolve the
issue, the escalation procedure for having matters addressed will proceed with the Area
Manager as the first level of contact, Corporate Accounts Supervisor as the second
level, and the Director of Customer Care as the third level. Afl PCI employees shall be
available via email, landline or cell phone. The Accaunt Manager shall meet with the IT
Solutions Cellular Administrator monthly to review any support issues, changes or new
product introductions and service performance issues. The Area Manager shall also
6.5
attend the monthly meetings. The Director of Customer Care and the designated billing
representative will attend meetings as needed. At any time the City reserves the right to
request a new account manager as the City sees fit.
Response Time
PCI will provide an initial response to the City's request for information, support, or
problem resolution the same business day that the request is received. Most requests
will be addressed within two (2) business days. Inquiries involving research may take
up to three (3) business days. The time frame for the final resolution will depend on the
nature of the request. PCI is available Monday through Friday from 8:OOam — 5:30pm.,
CST, to provide responses.
The following are categories and resolution times for requests:
6.5.1 Same Day — requests made prior to 4:00 pm for basic information related to
individual accounts, rate or feature change requests, service suspension and
disconnect requests, account update requests, new activations, upgrades, and
service issues.
6.5.2 Second Day — request made after 4:00 pm for basic information related to
individual accounts, rate or feature change requests, service suspension and
disconnect requests, account update requests, new activations, upgrades, and
service issues.
6.5.3 Second or Third Day — requests that require technical escalation or research,
requests for specialized reports and requests for information older than eleven
(11) months.
6.7 Customer Service
6.7.1 PCI shall continue to provide the Mayor and City Council with a level of
personalized service for projects requested by or on behalf of the Mayor and/or
City Council. City departments shall continue to be serviced in the field by the
dedicated Account Manager for special projects specific to that department.
6.7.2 PCI will be held fully accountable for properly providing the City with its full
compliment of cell phone needs, and for assuring the ongoing efficient
management of the City's account with PCI.
6.7.3 Should any conflict arise regarding the day to day business relationship between
PCI and the City, PCI shall do everything possible to resolve such conflict as
effectively as possible. The process of resolving the conflict will begin with the
Account Manager. When necessary, the Area Manager and Director of
Customer Care will assist as needed.
6.7.4 The Director of Customer Care shall oversee the provision of services provided
to the City by PCI to assure consistent levels of service across all departments.
6.7.5 The Account Manager and the Area Manager shall attend all scheduled
meetings with the Cell Phone Administrator. The Director of Customer Care and
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the designated billing representative will attend as needed.
6.7.6 Accaunt Manager shafl invite ITS Cell Phone Administratar to all meetings with
City departments.
6.7.7 The Account Manager shall oniy meet with City departments for special projects.
All other inquires shall be referred to the ITS Cell Phone Administrator.
6.7.8 PCI shall provide via email, customized reparts to the City's Cellular
Administrator as requested or needed. Examples of reports that will be
provided to the Cellular Administrator are weekly activity reports reflecting all
additions, changes and modifications made to City accounts, as well as all
contacts made with City of Fort Worth staff and or Mayor and Council. PCI shall
also provide detailed manthly statements which cover all aspects of usage and
charges. The reports shall also be available for download on the website by
authorized representatives of the City.
6.7.9 Balance Reports will be provided monthfy to the Gity of Fort Warth Finance
Department MARS Team in a Gomma Separated Variable (CSV) form as
specified that enable the City to import data into its Accounts Payable system.
This facilitates the most efficient payment protocol for the City and will be
provided to the City by PCI along with CD bil(ing upon request. These specific
tools enable the City to recancile all billing and accounting af wireless services
in an easy, functional and efficient manner. PCI shall provide all reports subject
to this section by the 15i day of each month to avoid a delay in payment.
6.7.10 PCI wifl continue to maintain the highest level of customer service and integrity
regarding the management of the City's account. PCI emplayees shall not
conduct business related to City employees' personal cell phone use on City of
Fort Worth property. All City of Fort Worth policies, procedures and regulations
will be followed when PCI is conducting business with fihe City of Fort Worth.
6.7.11 PCI acknowledges and fully understands that within the eity's organizational
structure, the City has an established chain of command and schedule of
authorization regarding the emp(oyees of the City that PC( will necessarily
interact with during the course of the established relationship between PCI and
the City. The City shall provide PCI a current list of authorized Cell Phone
Coordinators and other City employees that are authorized to act under this
Agreement. PCI will assure fhe City that such chain of authority will be
respected at all times. PCI wrill adhere strictly to any and all instructions or
protocols regarding such interactions that may be mandated by the City at the
City's sole discretian.
6.7.12 Each new user will be given a coverage map, a brief explanation of their rate
plan and any additional features, and an owner's manual for their new handset.
Each new phone will be setup per the CFW requirements. PCI shall remove
Internet options on screen where customization option is available. The phones,
which have the ability fo assist the hearing impaired, are included in the catalog
and are indicated by an ican designating that they are hearing aid compatible.
For the visually impaired customer, PGI will offer Voice Connect (a feature which
enables voice dialing) at no charge to the customer. Any calls made using Voice
Connect will still incur airtime charges according to the rate plan selected.
11
Instructions shall be provided to new users (owner's manual and tutorials can be
viewed at www.hawkelectronics.com).
6.7.13 Once the City notifies PCI of lost or stolen equipment, PCI shall temporarily
suspend the equipment service. The City will not be liable for any cost incurred
after notice from the City has been received by PCI by phone, email or website.
6.7.14 PCI will provide samples of new equipment for the City to test and approve
before new equipment will be available to the City employees. PCI will provide
the City with a report detailing numbers that are eligible for upgrade on a monthly
basis. This report shall also include all phones that have not been upgraded.
6.7.15 When the City requests a rate change to any plan, the change in rate will be
effective at the beginning of the next billing cycle for the phone number(s)
applicable to the requested change. It is mutually agreed upon and understood
that such change will not cover any roaming calls made or received prior to the
effective date of the rate change.
7.0 Billing
7.1 Electronic File
PCI shall provide an electronic billing file in a format requested by the City.
7.2 Internet (Web) Access for Billing
PCI shall provide a customized web tool for obtaining billing data, current listing of rate
plans in effect for the City, equipment and pricing information, and ordering capability.
City of Fort Worth cell phone coordinators will have access to a private URL, and after
login, will be able to place an order and submit it for authorization.
CFW Management and Adrninistrative personnel shall have access to reporting and
detailed information for each phone account. In addition, the website shall have security
controls that only allow specific customers to look at information as designated by the
City.
7.3 Cellular Phone Statements
PCI shall supply detailed account statements with information as requested by the City.
Call detail shall be provided for local and roaming calls. A monthly report shall be
submitted to the City with the required information and modification as needed. A
weekly report shall be provided indicating all activations, cancellations, rate changes
and upgrades.
7.4 PCI shall credit back disconnected calls when notified by the City. PCI will attempt at all
times to do what is fair for the City.
7.5 Should billing issues arise from time to time, PCI agrees to provide a specially assigned
customer service representative to provide the City with the appropriate explanation
and/or proposed resolution for the specified billing issue(s) within three (3) business
days from the time PCI has been properly made aware of such issue(s).
8.0 Reporting
PCI's Information Technology Department will work with the City to provide information and
12
customized reports. The following reports shall be made available via a customized website for
the City.
8.1 PCI shall provide a quarterly report of current rate plans and features. This report will
include suggested rate plans and associated savings.
8.2 PCI shall provide a detailed weekly activity report on all contact with the City of Fort
Worth customers other than on the web.
8.3 PCI shall provide a detailed weekly store activity report indicating transactions or activity
for all City employees.
8.4 PCI shall provide near real time usage, on a per number basis, based upon data
availability.
8.5 PCI shall provide a weekly report showing all activations, cancellations, rate changes,
customer contacts and upgrades. Additional information shall be provided upon
request.
9.0 Website
9.1 PCI shall develop and implement a website specific to the City, in order to enable on-line
communication and management of the City's wireless service needs in accordance
with the agreed timeline set forth in Exhibit "E."
9.2 PCI shall deploy a fully operational website, which has been completely tested by PCI.
9.3 PCI shall apply aggressive testing methods to ensure the City has minimal down time.
9.4 If there are development issues with the website which require City assistance due to
lack of functionality, PCI will work with the City to address all website functionality
issues.
9.5 PCI shall provide an online secure web based ordering tool (website) for use by the City
in accordance with the agreed timeline set forth in Exhibit "E."
9.6 The website shall be used only by authorized City employees and officials.
9.7 The website shall provide an ordering tool for hardware, upgrades, maintenance, rate
plans, and accessories.
9.8 The website shall provide detailed reports and billing information to authorized
representatives from each department.
9.9 The website shall be the sole interface for all routine daily City business orders with the
exception of emergencies, special events, and other matters as deemed necessary by
the City. Special needs of the City shall be addressed by the ITS Cell Phone
Administrator.
9.10 The web base application will meet City's security needs:
9.10.1 SSL Connection — scripted interaction
13
9.11 For security reasons, PCI shail be able to restrict access to City of Fort Worth data
located on PCI's website to City IP addresses and systems. If a user does not have
access to a City IP address or City system, the user can contact the Cell Phone
Coordinator or the City's ITS Help Desk for immediate assistance.
9.12 The City will use password protected access to the website. Passwords shall be issued
to each user through the IT Solutions department.
9.13 PCI shall enforce the City's policy on use of passwords. In the event of City password
policy change, PCI will enforce new policy as quickly as possible. IT Solutions
department will be responsible for bringing current user passwords into compliance with
the assistance of an entry tool provided by PCI.
9.14 Passwords shall be set to expire at regular intervals as agreed by the City and PCI.
9.15 No recovery for passwords will be provided. If a user forgets his or her password, a new
password will be assigned by the City.
10.0 Wireless Voice Service Provider
PCI understands that the City's wireless needs may change at various times. PCI further
recognizes that, from time-to-time, the need to terminate service for a few individual users may
occur. When the need arises to discontinue service, the following would apply in regards to
cancellation fees:
10.1 The City has no further use for an individual line or funding for the program has ended,
and the phone number is being cancelled. In such event, the City shall not be charged
a cancellation fee.
10.2 The wireless equipment is lost, stolen, or damaged beyond repair, the City does not
wish to replace the equipment, and the phone number is being cancelled. In such
event, the City shall not be charged a cancellation fee.
10.3 In the event the City determines there is a need to use another provider's service and
decides to port a number that Progressive Concepts currently provides service for to
another carrier or replace the PCI line with a line from another service provider. In such
event, the City shall not be charged a cancellation fee.
10.4 In the event a Line is Ported to another wireless provider or disconnected the City will
return the handset from this line to Hawk so that it can be redeployed for New
Activations, Upgrades and replacements with the City.
14
EXHIBIT B
SERVICE LEVEL AGREEMENT
The following Service Level Agreement, hereinafter referred to as SLA, shall be fully in force
and effect as of this day of , 2006 between Progressive Concepts, Inc.,
hereinafter referred to as PCI, and the City of Ft. Worth, hereinafter referred to as the City.
Said SLA between PCI and the City shall continue in effect for the duration of, and in complete
accordance with, the agreement for Wireless Service currently in force between said parties,
and for the duration of any subsequent renewals of same. It is then mutually agreed upon with
the signatures affixed below, that the following key perFormance indicators regarding acceptable
levels of service provided by PCI to the City be in effect:
Activations of new equipment will be accomplished within two (2) hours of any request
made by the City between the hours of 8:OOam and 5:OOpm, Monday through Friday.
New wireless handsets will be delivered to the City by PCI, for both new activations and
for upgrades within three (3) business days. This specifically means that the service(s)
described will be provided no later than the close of business on the second business
day following the requested new activation or upgrade, once requested by the City,
provided such is in compliance with the established requesting/ordering protocol
currently in place.
2. Any and all orders for equipment, including but not limited to, wireless phones, BDAs,
boosters, and wireless accessories shall be fulfilled by PCI for the City from available
inventory within two (2) business days. Should no such inventory be currently available,
PCI shall, at the City's request, place a special order for equipment on behalf of the City,
and the City understands and agrees that the fulfillment of same by PCI for the City will
then be done within two (2) business days following PCI taking proper delivery of same
from supplier. 95% of City standard equipment should be in stock.
3. Loaner phones shall be provided by PCI to the City on an "as needed" basis, and shall
be provided only as a substitute for the individual user's phone when such phone has
been turned in for repair. Loaner phones will be provided from the redeployed stock.
Loaner phones will be provided on a"same day" basis, and shall continue to be used
until the original phone submitted for repair is returned to the user.
4. In cases where it is determined that equipment used by the City is defective, and that
such defective state is not as a result of user error or abuse, PCI will replace the
defective equipment free of charge within three (3) business days.
5. Any and all voicemail messages left by the City to PCI will be returned by PCI to the City
as soon as is reasonably possible, whenever possible during the same business day,
but no later than the close of business on next business day following the recording of
said voicemail. Should such call not be returned, the City will escalate the request to
the next responsible PCI representative.
6. Any and all email messages left by the City to PCI will be returned by PCI to the City as
soon as is reasonably possible, whenever possible during the same business day, but
no later than the close of business on next business day following the delivery of said
email to PCI from the City. Should such e-mail not be returned, the City will escalate the
request to the next responsible PCI representative.
15
7. Should PCI endeavor to make any changes, additions, or modifications to the website
PCI has created specifically for the City, notification of such changes, additions, or
modifications will be provided to the City from PCI via email to the City's appointed web-
administrator or business manager twenty-four (24) hours in advance of any and all
such changes, additions, or modifications. No changes or modifications shall be
implemented without the express written consent of the City.
8. Should wireless transmission outages occur, PCI will notify the City to advise of the
outage and provide an estimated time of completion regarding the restoring of all
affected services. PCI will provide said notification immediately upon becoming aware
of any such outage via email, phone call to City's Helpdesk 817-392-8800 and notice on
the website. PCI shall provide hourly updates regarding the restoration of the service.
Penalties for non-compliance with the SLA or contract are:
Penalty 1: PCI will be notified verbally of non-compliance. The city will continue to work with
PCI to correct the non-compliance.
Penalty 2: PCI will be notified in writing regarding continued non-compliance. A delay in
payment will occur until all issues of non-compliance are corrected.
Penalty 3: Termination of contract. PCI will be notified in writing if non-compliance has not
been corrected after verbal and written notification has been issued for corrected action. In
such event, PCI shall be considered in breach of this contract and the City shall have the
right to immediately terminate this Agreement.
16
EXHIBIT C
WEBSITE SERVICE LEVEL AGREEMENT
The following Service Level Agreement, hereinafter referred to as SLA, shall be full in force and
effect as of this day of , 2006 between Progressive Concepts, Inc.
hereinafter referred to as PCI, and the City of Fort Worth, hereinafter referred to as the City.
Said SLA between PCI and the City shall continue in effect for the duration of, and in complete
accordance with, the agreement for Wireless Service currently in force between said parties,
and for the duration of any subsequent renewals of same.
1. Coverage; Definitions
This Website Availability Service Level Agreement (SLA) applies to you ("customer") specific to
the online services from Progressive Concepts, Inc., (the "Services"): Microsoft Windows
Server 2003 including IIS6.0, .NET, Microsoft SQL Server 2000, ColdFusion, Java, and other
similar technologies. As used herein, the term "Website Availability" means the percentage of a
particular month (based on 24-hour days for the number of days in the subject month) that the
content of customer's Website is available via HTTP and HTTPS, as measured by PCI.
2. Service Level
a. Goal: PCI shall foster an environment that supports maximum Website Availability.
b. Remedy: Subject to Section 3 below, if the Website Availability of customer's
Website is less than 100%, excluding maintenance as outlined in section 4, PCI will
repair issues 24 hours a day, 7 days a week, including holidays until site is at
optimal levels.
Damages: Website availability levels less than 80% in a month may result in breach
of contract and may cause the City of Fort Worth to immediately sever the contract
with PCI, excluding previously scheduled and agreed maintenance windows /
upgrades.
3. Exceptions
PCI may be delayed in providing repairs and or/maintenance to the website during regular
business hours under this SLA in connection with any failure or deficiency of Website
Availability caused by or associated with:
a. Circumstances beyond PCI's reasonable control, including, without limitation, acts of
any government body, war, insurrection, sabotage, armed conflict, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications or third party services,
virus attacks or hackers, failure or third party software (including, without limitation,
ecommerce software, payment gateways, chat, statistics or free scripts) or inability
to obtain raw materials, supplies, or power used in or equipment needed for
provision of this SLA;
b. Failure of access circuits to the PCI servers;
17
c. Scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of PCI;
e. issues with FTP, POP, and SMTP customer access;
False SLA breaches reported as a result of outages or errors of any PCI
measurement system;
g. Customer's acts or omission (or acts or omissions of others engaged or authorized
by customer), including, without limitation, custom scripting or coding (e.g., CGI,
Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in
breach of PCI's Usage Policy, or Spamming Policy;
h. E-mail or web mail delivery transmission;
Outages elsewhere on the Internet that hinder access to your account. PCI is not
responsible for browser or DNS caching that may make your site appear
inaccessible when others can still access it. PCI will guarantee only those areas
considered under the control of PCI; PCI server links to the Internet, PCI's routers,
and PCI's servers.
4. Maintenance / Upgrades
Should PCI endeavor to make any changes, additions, or modifications to the website PCI has
created specifically for the City, notification of such changes, additions, or modifications will be
provided to the City from PCI via email to the City's appointed web-administrator or business
manager twenty-four (24) hours in advance of any and all such changes, additions, or
modifications.
a. Daily maintenance: Performed between 2:OOam and 5:OOam, Monday through
Friday includes file and data backup.
b. Weekly maintenance: Performed between 9:OOpm Saturday and 9:OOam Sunday,
includes file and data backup, to include the billing and reporting systems, and
critical updates to software/hardware.
Monthly maintenance: Non-critical updates are implemented monthly during one of
the regularly scheduled weekly maintenance periods.
d. Functional Upgrades: Functionality upgrades to the website will be made on an as
needed basis.
5. Optimization / Accessibility
a. Optimization: Non-incremental pages load in under 8 seconds (+/-2 seconds), while
incremental pages load in under 20 to 30 seconds with useful content within 2
seconds. Time calculations are based on processing time for request and response
on the application server, not delivery and rendering time to the end user, as this is
dependant on users' network, Internet connection, processor speed, and other
factors which are out of PCI's control. PCI has designed the website with the
minimal number of steps needed to accomplish tasks to avoid frustration by
ls
exceeding user time budgets. PCI will continue to monitor and improve perFormance
using linear feedback, as well as benchmark testing.
b. Accessibility: PCI supports windows based Internet Explorer 6.0 and above, and
Firefox 1.0 and above. Continuous improvements are made to further support
additional browsers and technologies.
6. Support
Every effort will be made by PCI to ensure all online support and help is the most current. PCI
is not responsible for discrepancies made by third-party providers of such content including, but
not limited to User Guides, Tutorials, rebate forms, etc.
19
EXHIBIT D
REPORTING REQUIREMENTS
Basic information for each device: name and description including national stock number,
quantity received, issued, and on hand; unit price; location of device, disposition after use; date
of transaction; repairs, upgrades, and periodic audits.
Basic: Full or by cost center
a. Charges and Usage Summary
b. Current Charges (Voice and Data)
c. Itemized KB Charges
d. Itemized Recurring Feature Charges
e. Itemized Long Distance Charges
f. Itemized Other Recurring Charges and Credits
g. Itemized Roaming Charges
h. Itemized Messaging Charges
i. Taxes
j. Overages
k. Zero Usage Reports
I. Rate Recommendations
2. Trending: Full or by cost center
a. Current Charges
b. Charges Summary
c. Service Summary
3. Year to Date: Full or by cost center
a. Charges Summary
b. Service Summary
4. Historical: Full or by cost center for minimum of prior six months
a. Company Summary
b. Cost Center Summary
c. Service Summary
5. Usage Details:
a. All Calls — Voice
b. Data
c. Messaging
d. Roaming Calls — Voice
e. Features
f. Remittance
g. Statement of Account
6. Remittance Detail:
a. Adjustments
b. Balance Transfers
c. Current Charges
d. Payment Transfers
7. Invoices:
20
a. Service Level Current Charges
b. Service Level Current Charges w/Usage Details
8. Hardware:
a. Provisioned
b. Un-provisioned
c. Emergency Hardware
d. Hardware Type
e. Accessories
21
EXHIBIT E
WIRELESS VOICE AND DATA ACCESS SERVICES
MILESTONES
Milestones
Estimated Completion Date
After Execution of Contract
Web Site Development:
Department usage recommendation report +21 working days
Manage Group web pages (my accounts, support, shop) +48 working days
Shop Group web pages (cart, phones, plans, features, accessories) +63 working days
Support Group web pages (FAQ, tutorials, contact) +96 working days
The "Go Live" date for the Interactive Web site for the ordering and managing of cellular
service for the City of Fort Worth will be no later than 96 working days from the date of
execution of this contract. For any working days after 96, PCI will reimburse the City
1% of the last monthly billing statement.
City Campus Coverage
+96 working days
Working days at the City of Fort Worth are defined as Monday through Friday with the
exception of the following City observed holidays for 2007
January 1
January 15
May 28
July 4
September 3
November 23 & 24
December 25
New Year's Day
Martin Luther King Day
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas
22
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/3/2006
DATE: Thursday, August 03, 2006
LOG NAM�: 13P05-0310
REFERENCE NO.: P-10430
SUBJECI`:
Authorize a Purchase Agreement with Progressive Concepts, Inc., d/b/a Hawk Electronics for
Wireless Voice Service and Equipment, and Confirm the Interim Purchase of Wireless Voice Phone
Services
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for wireless voice service and equipment with Progressive Concepts,
Inc., d/b/a Hawk Electronics, for the Information Technology (IT) Solutions Department;
2. Authorize this agreement to begin October 1, 2006 and expire September 30, 2008, with options to
renew for three additional one-year periods; and
3. Confirm the purchase of wireless voice phone services from Progressive Concepts, Inc., d/b/a, Hawk
Electronics from April 2006, through September 2006, at an estimated cost of $460,000.00.
DISCUSSION:
The IT Solutions Department will use this annual agreement to provide wireless voice phone equipment and
monthly airtime services for the City. The initial agreement will be for two years with three one-year options
to renew. This agreement will meet the cell phone needs of City employees who need the standard voice
options available to them to accomplish their City job requirements.
On Octuber 4, 2005, (M&C P-10245) the City Council authorized the rejection of all responses from vendors
for Request for Proposals (RFP) 05-0031. The M&C indicated that a new RFP would be issued seeking
enhanced responses on tPie section regarding customer service issues.
The ne��r RFP was issued in early December 2005, utilizing the state of Texas Certified Information
Services Vendors (CISV) solicitation process. The City received four responses to the RFP. The scope of
the procurement was to establish a price schedule for cellular phone components and services from
qualified proposers. The RFP indicated that the responses from the vendors should address the City's
needs basec� on approximately 1400 cellular voice phones and air time usage of approximately 1 million
minutes per month. Venc�ors were required to provide responses regarding customer service. In addition to
personal ��ervice and a central store location, vendors were asked to provide a strategy to implement the
use of Web-based tools for order placement and for better management of departmental costs.
The evaluation process followed by .the City determined the responsiveness and acceptability of each
proposal. Additionally, the Evaluation Team looked at the functional, technical and support areas for each
vendor based on pre-established criteria. The criteria used in this RFP included: 1. Price; 2. Customer
Service (Ordering, k?illing, ManagemPnt Tools); 3. Wireless Services Specifications and Coverage Area; 4.
Logname: 13P05-0310 Page 1 of 2
Canversion �pecifications ar�d Experience of the Firm; and 5. Hardware Specifications.
Four vendors responded to the RFP. In addition to Progressive Concepts, Cingular Wireless, Verizon
Wireless, and Nextel Corrimunications submitted proposals. After the initial evaluation process was
completed, both Progressive Concepts and Cingular Wireless were asked to provide additional information
in negotiation sessions for better terms and conditions. At the conclusion of this process, the evaluation
team determined that Progressive Concepts would provide the best solution for the City's needs for the
agreement period and possible renewal periods. It is estimated that the City will spend approximately
$850,000.00 in the first year of the agreement. The estimated cost includes the acquisition of phones,
ancillary equipment and airtime services. The projected equipment purchases are based on scheduled
upgrades an�d new service requests. The RFP and vendor responses allow for an agreement to be
structured to meet the City's wireless business needs both today and into the future.
When the City made a decision to issue a new RFP for wireless voice services, the current vendor,
Progressive Concepts was asked to provide month-to-month service from expiration of the last renewal until
a new purchase agreement could be established. Progressive Concepts agreed to provide the service
under the conditicn stated. The estimated cost for the approximate six months of month-to-month service
the City received .f.�c�m Progressive Concepts is $460,000.00.
Progressive Conctipts Inc., d/b/a Hawk Electronics is designated as a Catalog Information System Vendor
(CISV) by the St�ate of Texas. Under Section 271.083 of the Texas Local Government Code, a local
government satisf;es otherwise applicable bidding requirements when it makes a purchase through the
Texas Building and Procurement Commission catalog purchasing procedure.
RENEWA� OPTIONS - This agreement may be renewed for up to three additional one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisiy the City's obligations during the renewal term.
FISCAL INFORMATI�CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the participating departments.
BQN\05-0310\LGS
TQ FundlAccount/Centers
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
I,ogname: [3P05-0310
FROM Fund/Account/Centers
Richard Zavala (Acting) (6222)
Jim Keyes (8517)
Jack Dale (8384)
Pete Anderson (8781)
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