HomeMy WebLinkAboutContract 45011 (2)V/)te13C3/4F41 -/15
CITY SECRETARY
CONTRACT N0. '71
Agency #FI I l 1 U y
Department of Information Resources
Communications Technology Services Division
Service Agreement
This service agreement is between the Department of Information Resources/Communications
Technology Services Division (DIR/CTS) and the Customer. It is the intent of the parties to
comply with the provisions of Texas Government Code Chapter 771, Interagency Cooperative Act
and/or Chapter 791 Interlocal Cooperation Act as applicable, and Title 10, Subtitle D, Chapter
2170, Telecommunication Services, Texas Government Code.
I. DIR/CTS Responsibilities
1.1 DIR/CTS agrees to provide Customer with connectivity through various transmission methods to
the TEX-AN network for specific communications services including, but not limited to, video, voice,
routed data, Internet and/or equipment (hereinafter "services").
1.2 DIR/CTS will assist and advise the Customer in determining the best and most economical usage of
the services.
1.3 DIR/CTS will bill monthly for services, as required and respond to inquiries regarding Customer's
bill. DIR/CTS shall commence billing for services as they are provisioned.
II. Customer Responsibilities
2.1 Customer shall comply with the DIR rules applicable to the Communications Technology Services
Division, 1 TAC Chapter 207, as the same may be amended from time to time.
2.2 Customer has the responsibility to cooperate and coordinate with DIR/CTS so as to avoid delaying
DIR/CTS in the provisioning of and billing for ordered services. Specifically, it is the Customer's
responsibility to designate, in a timely manner; the types of service desired and provide DIR/CTS with
information which may affect technical, logistical, engineering, or equipment aspects of service
delivery. The Customer is exclusively responsible for any equipment added to their premises for
connectivity to TEXAN services. Customer shall keep DIR/CTS promptly informed of its billing
contact, address, telephone numbers, eligibility status and technical contact, and changes to any of the
foregoing. Customer understands and agrees that its failure to timely perform its duties, which delay
DIR/CTS in the delivery of ordered services, is not a condition of Force Majeure.
2.3 Payments will be made in full within 30 days of notification that the TEX-AN invoice is available
for retrieval from DIR/CTS's secured website. Customer represents that it possesses sufficient current
revenues to satisfy the timely payment of goods and services provided by DIR/CTS hereunder. In all
events, Customer shall be billed for and shall pay in a timely manner for all services actually ordered
and received up through the effective date of termination of services. Customer agrees it has no rights to
set off against bills received from DIR/CTS. Customer's covenant to pay survives termination of this
Service Agreement.
2.4 Customer is exclusively responsible for the operation and security of its premise equipment. The risk
of toll fraud or other unauthorized use of its premise equipment rests with the Customer. Customer
accepts this risk and understands that it shall be solely responsible to pal! all charges, which may result
from toll fraud or unauthorized use of its premise tquipniT ii Customer hereby releases and waives any
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� Service Agreement 201?F I V� �
claim it may have now or in the future against DIR/CTS for the payment of charges arising from toll
fraud or other unauthorized use on its premise equipment.
2.5 Customer is a qualified entity to receive goods and services from DIR/CTS. Services will terminate
without liability to DIR/CTS should Customer's eligibility status change during the term of this Service
Agreement.
III. Term
The term of this Service Agreement begins on the date of the last party to sign and is in effect until all
services are terminated or the Service Agreement is terminated in accordance with Article V hereof.
Please note that service terms may differ from vendor to vendor and from services to service and these
terms are reflected on the services order forms.
IV. Billing
4.1 DIR/CTS's first month's billing for any circuits provisioned will commence on the date provisioning
is completed.
4.2 DIR/CTS will cease billing circuits on the date disconnection is completed.
4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is
disconnected.
4.4 In compliance with Title I, Chapter 207 Rule number 207.11, of the Texas Administrative Code*
customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment
Act, Chapter 2251, Texas Government Code.
V. Termination and Amendments
5.1 DIR/CTS may provide notice of intent to terminate this Service Agreement for convenience by
sending a written statement to that effect, which shall be received by Customer no less than thirty (30)
days prior to the Effective Date of termination. DIR/CTS may terminate any Service Agreement for
cause with an immediate Effective Date, by issuing written notice to Customer, upon failure of
Customer to make timely payment of bills In addition to termination of services, DIR/CTS may notify
the State Comptroller of Public Accounts (CPA) Office of the Customer's debt to the state and request
the Customer be placed on the Payments on Hold List until payment for services is received.
5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience by
sending a written statement to that effect, which shall be received by DIR/CTS no less than thirty (30)
days prior to the Effective Date of termination. A Customer request to change a service shall not take
effect until Customer provides written notice to DIR/CTS of any changes to ordered services. If
DIR/CTS does not receive written notification, the Customer will continue to be billed monthly until
proper notification is received. No written termination notice shall be effective prior to the expiration of
thirty (30) days after receipt by DIR/CTS.
5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in
writing by authorized representatives of DIR/CTS and the Customer.
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Service Agreement 2013
VI. Other Conditions of Service
6.1 Service rates are subject to change by DIR/CTS upon 30-days written notice to Customer.
6.2 No conflicting terms or conditions found in Customer orders or fonus shall become a part of this
Service Agreement.
6.3 If service and/or communications projects are canceled at any time prior to completion, Customer
shall be responsible for all actual costs incurred by DIR/CTS up to the date of cancellation. DIR/CTS
will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a
proj ect.
6.4 DIR/CTS relies on third party contractors for the fulfillment of services contracted for hereunder.
Therefore, DIR/CTS makes no independent warranties or guarantees, express or implied, regarding said
services.
6.5 The following terms have the meaning indicated for purposes of this Service Agreement:
"Force Majeure' means the parties' performance under this Service Agreement shall be adjusted or
suspended by mutual agreement to the extent performance is beyond the reasonable control of
the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood,
lightning, government action, acts of God or public enemy, delays of power company, local
exchange company, or other carrier. Failure of Customer to coordinate and cooperate so as to
delay DIR/CTS is not an event of Force Majeure In the event of Force Majeure, the sole and
exclusive remedy to the party suffering the delay shall be an equivalent extension of the time for
performance. The parties shall document to one another the onset of events of Force Majeure
within three days of their onset.
"Provision" and "provisioning' means DIR/CTS has acquired, arranged for or provided at the
Customer's site, the equipment, supplies or other items necessary to provide the ordered
service(s), but does not mean the actual act(s) of turning up the ordered service(s)
VII. Customer Service Resources
Customer Service Resources may be found at httn://www.dir.texas.gov/cts/Pages/cts.aspx . Inquiries
regarding this Service Agreement may be directed to DIR, Service Fulfillment on 877-472-4848, option
4 or 512-463-7800.
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Service Agreement 2013
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Customer hereby agrees to the terms and conditions of this Service Agreem en t; represents that the
official executing this Service Agreement is authorized to bind the Customer to its terms; and that
Customer has completed all of its internal processes to make this a binding undertaking on the part of
Customer.
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Service Agreement 2013
DEPARTMENT OF INFORMATION
RESOD' CES
BY:
NAME :10 itof
TITLE: Director, Conimunications Technology Services
DATE: ` j 3
Office of General Counsel �
RLCORD
CITY 5CRETARY
FE WORTH, TX
M&C Review
Official site of the City of Fort Worth, Texas
COUNCIL ACTIOW Approved, on;8/20/2813= -
04TX DIR LONG DISTANCE AND
DATE: 8/20/2013NRE:FERENCE *w C-26399 LOG
NAME: TELECOMMUNICATION NETWORK
SERVICES
CODE: C TYPE* CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Service Agreement with the State of Texas Department of
Information Resources at an Annual Amount of $484,000.00 for Long Distance and
Telecommunication Network Services Using a Texas Agency Network Next Generation
Contract for the Information Technology Solutions Department (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Service Agreement with the State
of Texas Department of Information Resources at an annual amount of $484,000.00 for long
distance and telecommunications network services using a Texas Agency Network Next
Generation Communications Technology Service Agreement, TEX-AN-NG-CTSA-005, contract for
the Information Technology Solutions Department.
DISCUSSION:
The Information Technology (IT) Solutions Department will use the Communications Technology
Service Agreement with the State of Texas Department of Information Resources (DIR) to provide
a portion of its telecommunication services including long distance services for all City
Departments. A portion of the City's data telecommunications network and all long distance
services are provided through the DIR Texas Agency Network Next Generation Communications
Technology Service Agreement (TEX-AN NG) contract. The contract is designed so that local
entities may enter into Agreements with the DIR for long distance services and selected data
network facilities. The cost per minute for service under the TEX-AN NG contract will range from
approximately two to six cents depending upon the call destination.
The State of Texas DIR is authorized to offer the Cooperative Purchasing Program to state
agencies, public institutions of higher learning public school districts and local
governments. Pursuant to Government Code Section 791.025, a local government that purchases
goods and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive
bidding requirements.
ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be
made by the City Manager for the Service Agreement in the amount up to $50,000.00 and does
not require specific City Council approval as long as sufficient funds have been appropriated.
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested
by the IT Solutions Department and approved by the M/WBE Office, in accordance with the BDE
Ordinance, because the purchase of goods or services is from source(s) where subcontracting or
supplier opportunities are negligible.
AGREEMENT TERMS - Upon City Council's approval this Agreement will begin on August 13,
2013 and expire on July 1, 2016, to coincide with the expiration date of the DIR contract.
http://apps.cfwnet.org/counctlj,acket/mc_revtew.asp?1D=18768&councildate=8/20/2013[8/21/2013 8:40:37 AM)
M&C Review
RENEWAL OPTIONS - This Agreement may be renewed in accordance with the terms of the DIR
Contract. This action does not require specific City Council approval provided that the City
Council has appropriated sufficient funds to satisfy the City s obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION.:
The Financial Management Services Director certifies that funds are available in the current
operating budget, as appropriated, of the Information Systems Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
PI68 535080 004600Z $484.000.00
Susan Alanis (8180)
Peter Anderson (8781)
Marilyn Marvin (6689)
Steve Streiffert (2221)
http://apps.cfwnet.org/council packet/mc_review.asp?ID=18768&councildate=8/20/2013[8/21/2013 8:40:37 AM)