HomeMy WebLinkAboutContract 28249� � 1 � � � I � I �
1
SOUTHWESTERN BELL COMMUNICATIONS S�I�VTCES, TNC.
AND STATE OF TEXAS GOVERNMENT ENiITIES�k�Y �����Y'���
CU5TOMER 5�RVIC� AGREEMENT ���T���� � � �a��
PREAMBLE Southwestern Bell Communications Services, Inc., dba SBC Long Distance, SBC Pacific Bell
Long pis�kance, 5BC Nevada Bell Long Distance and SBC 5authwestern Bell Lang Distartce, located at
5850 W. Las Posifias 81vd, Pleasanton, CA 94588 ("SBCS"}, gnd City of Fort Worth located at 1000
�'hrockmorfian Avenue, Fort Wor'th, TexQs 7b102 ("Customer"), hereby enter inta this Customer
Service Agreement {"Agreement"} fior long distance services ("Services") as described below. �his
Agreement is subject to (�) ihe terms and conditions set farth in the Exhibits ("Exhibits"); (2} the
terms and conditions in the SBC Product Reference and Pricing Guideboaks ("GuideBooks") as m4dified
from time fo time and incarporated by reference; and (3) applicable State Tariffs ("Tariffs").
AFFI�IATION Custorner is an affiliated user of the State of Texas telecommunications systern,
defined as state agencies or politicaf subdivisions on whose behalf the State ofi Texas Department of
Information Resources (�IR} obtair�s goods and services.
EFFECTIVF DATE AND TERM The �erm of this Agreernent shall be i yenr(s). The term shall
commence upon installatian of the Services (the "Ef#ec�'ive bate"), (estimated to be 75 days after
SBCS's signoture) and shall end 1 year(s) fram the �ffective Dafie (the "Expiration Date").
DEiAF2TFFED SERVICES The FCC recently ordered that long dis'hance providers, such as SBCS, will
no longer have Federal tgriffs for interstate long dis'tance services. Guidebooks were created to
replace the tariff5 and can be found on the SBC web page www.sbe.cozx�. These Guidebooks have
producfi descriptions,.technical informatian, definitions, artd the sume terms and conditions that are
attached in Exhibits. Tf you cannot access this web site please contact your sales representative for
assistance.
D�SCR�PTION OF ATTACHMENTS AND �XHIBITS The following Attachment(s} and Exhibit(s)
are included in this cantract
• At#achment /i - Voice Services
� Exhibifi - SBCS Long Distance Uoice Praduct Reference and Pricing Guidebook
DESCRIPi'ION OF SERVIC�S SBCS shall provide the following Service5 to Customer
o High Valume Outbound Calling
o High Volume Toll Free Service
PRTCTN6 The cost af Services and Annual Minimums shall be as set forth in Attachment{s} to this
Agreewnent. The Ghanges ta Rates and Ci�arges section o# the at�'ached Exhibits shall not apply ta the
rates fisied on the Attac�ment(s). Tf the Customer c�oes not renegotiate a new Agreerqent by the
Expiration bate, the pricing for the services will revert to �he Standard Rntes as listed in the
Guidebooks at the time of Expiration Date.
INVOTCING ANp PAYMENT Customer shall be billed monthlp for 5ervices rendered. Payment
si�all be due upon Customer's receipt of the invoice.
CHANGES SBCS shnll make changes to Customer's Service as requested by Customer. Change
Charges rr�ay apply as provided in applicable Guidebooks and/or Tariffs.
MAINT�NANCE ANb REPAIR SBCS, its uffiliates, or its ager�ts shall tnaintain and make QII
necessary repairs ta any of its equipment and/or facilities an Customer's property. Customer shall be
liable for the cost of repair ar replacement of any SBCS equipment and/or facilities that Custamer
damages or destrays, Customer is responsible to provide access io SBCS, its affiE�ates, or its agents
at Gustomer's Iocatian for installation, maintenance, and repair S8C5 shall not be I��ble for any
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200210LK030 updated 11/5/02 �� �, �f ��"''� � 1 of 3
�
50UTHW�ST�RN B�LL COMMUNTCAT�ONS SERViCES, INC.
AND STATE OF TEXAS GOV�RNM�NT �NTITIES
CUS�OM�R SERVTCE AGREEMENT
outages or delays when SBCS is nat allowed access to Customer's locatian for such installatian,
maintenance, and repair.
FORCE MAJ�URE Neither party shall be liuble for any Ioss or damage resuiting fram any cause
beyand its reasonable control.
NOT�C�S All notices, demands, requests, or other communicatians which may be given by any party
to the other pursuant to this Agreemen� shall be in writing and shall be deemed given upon receipt if
delivered persanally or by facsimile, the next dny if sent by express avernight mail, or three days
after being ser�t by registered or certified mail, re#urn receipt requested, postage prepaid ta the
following address, or ta such ather address as t�e parties may designate by written notice to the
other,
If to SBCS� Southwestern Beil Communica#ions Services, Ine,
5850 W. Las Pasitas Blvd. Pleasantan, ca 94588
Rttn: Custom Solutions Contract Manager
If to Customer: Customer at las't known billing address provided to SBGS by Custamer.
Far Nottces relating to the Guidebooks or the attached Exhibits, any no'tices pro�ided by SBCS are
deemed given and effecti�e upon the earlier of (a) actual receipt 6y Customer; (b) three days after
mailing if sent by rnail, or {c) the day after express overnight delivery. Notices will be sent to the
last billing address provided ta 5BC5 by Custamer.
LIM%1'ATZON OF I.IaBilZi Y, 58C5's limitation of liability for damages is set forth in SBCS
Guidebovks, 7ariffs and Exhibits. Liability for damages arising oufi of mistakes, omissions,
interruptions, delays, errors or cornparable actions accurring in 'the provisian of recurring Services
shgll be lirnited ta a service ad justrnent based an the amount of time such Ser�ice is aut of service
tirnes the applicable monthly recurring charge for Service. �iability for damages based upon gross
negligence and/or wiVlfuf rnisconduet lay SBCS is set farth in 58C5 Guidebooks, Tariffs and Exhibits.
�n no event shall SBCS be liable i'o Cus�tamer ar any other person for any special, incidental, or
consequentia] damages of any kind, including wi�hout limital'ion, loss of profits, loss af income or cost
of replacement services.
EARL.Y CANCELLATION Customer will be charged a terminatian liability eharge in the event
Customer cancels �his Agreement after installation of Service but prior ta fha Expiratian Date. See
Attachrnents. Since �his agency is cEependant an government funding, in any fiscal year during the term
of any Addendum, if funds are nat appropriated to car�tinue paying for the Service in any subsequent
yenr, Customer may then terminate the applicable Addendum as of the last day far �rhich funds were
appropriated but shall be abligated to pay all charges incurred through the end of that fiscal year,
Customer must use its best efforts to abtuin funding for the Services provided hereunder. If
Custorner exercises its right to terminate an Addendum for non-appropriation of funds, Customer
agrees noi' to obtain substantially similar equipmenfi and/or services from other vendors or suppliers
to replace those provided hereunder for the remaining term of the applicable Addendum. Within
thirty (30} days following the delivery af written notice thereo$, Custamer shall provide SBCS with a
legal opinion af counsel that no funds have been appropriated or atherwise m4de available for
p4ymenfs due under tl�is Agreemen'h or for the acquisition vf substantially similar equipment and/or
services to replace those provided hereunder.
SEYERABILTTY Tf any pravisian or any part of 1'his Agreement shnll be invalid or unenforceabfe,
such invalidity or non-enforceabilify shall no# invalidate or render unenforceable any other portion of
this Agreement, This enfiire Agreement will be construed ns if it did not contain th�.p.articular invalid
ar unenforceable provision(s}. �. ���
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200210LK03Q updated 11/5/02 V�� ,� � ��_ 2 of 3
� SOUTHWEST�RN BE�.L COMMUNiCATiONS SERVaC�S, �NC.
AND STAT� OF �EXAS GOV�RNMENT �NYx►I�S
CUSTOME�3 SERVICE �GREEMENT'
G�V�RNING LAW T�is Agreement shall be governed by applicable State and Federal laws and
regulations, incl�ding the applicable State Tariff.
EN�RE AGR��M�NT This Agreement and the applicable Tariffs and Guidebooks shall constitute
the entire agreement between the parties. In 1'he event of an incansistency betuveen the applica6le
Tariffs, Guidebooks, or �xhibits and the terms of this Agreement and Attachments, the terms of this
Agreement and At�achments shall confirol. If any changes, additians, deletions or madification5 are
made to �his Agreernen# withaut the written approvnl of SBCS, then the change, addition, deletian, or
modificafiion shall not be effective, and 58C5, in its sole discretion, may void this Agreement wit1� no
liability to Customer.
ACCOUNT ��AM CQN'�ACT
AE/AM Name: Kenne�h Rich AE/AM Phane No.: 214-915-Z1b�4
7he undersigned is autharized to execute this Agreement.
SOUTHWEST�RN BEL4 COMMUNICAiIONS
SERV�C�S, INC.
CITY OF FORT WOR7H :
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SBC ales Repr sentative Signa�ure
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S�ate of �exas Governmen� �ntities
� AY�aehmen� A� Long Dis�ance Usage Services
Unless otherwise identified, sectian number references are to seci'ions within this Attachment.
1. Rates & Biilina Increments: Lona bistance Usaae Services
1,1. Hiah Volume Callinq PEnn:
Service* Country '�exas interSfatez International
IntraState
F�figh Vo{ume Dedicated Outbound Calling N/A $,0495 $.0341 NIA
High Volume Switched Outbound Calling N/A $.OiiO $.0550 N/A
`Pursuant to Guidebooks, ndditional recurring and nan-reeurring charges far Tall Free services and features may apply.
zInterState calls fram any approved si'ate where SBCS and custorner agree ta long distance services are eligible for the
Interstate rates.
1.2, Except as specified in Section 1.I, the rates for al1 other intrasfiai'e, interstate, and international traffic
shall be the applicable rates set forth in the Domestic & International High Walume Calling Plan (3-year
term and $240,000lyear}, that are in effect afi fhe time of contract effective date (as specified in
Guidebvoks &�ariffs), for the term of this agreement.
Z.3. Billinq Increments:
1.3.1. Usaqe Billina Increments; Domestic and Internatiana) usage rates lis�ted in Sec#ion 1.1 are per minute
af use (MOU). 8illing increments for �hese Services are�
Usage Billing �ncrements �
Initial Period Additional Period �
� Damestic 18 5econds 1 Seconds �
� International 3b Seconds 6 Secands �
2, Limitations and Qualifications:
2,1. Zf the Customer so requests, SBCS uuill act as an agen�' an behalf of the Customer tv provisiar� local access
circuii's between the Customer facatian anc! the serving wire center. SBCS will bill the Custamer for this
local nccess service on a pnss-through basis. "Pass Through Charges" are �ocal Access Rntes from the local
exchange carrier and rnay change subject to the applicable loca! tariffs.
3. �ariv Ganceilation� Customer will rtot be charged a termination linbility charge in the event Custamer cancels t�is
Agreement affer installafiion of Service but prior ta the Expiration Date.
4, Renewak; l'his Agreement shall nat automatically renew for Attachmen� A Services on the Expiration bate.
PROPRIETARY INFORMATION
Not for use ar disclosure outside of SBC except under written agreement.
20Q2101k03Q updated 10/15/02 ��� 1 of 1
SBC �.ONG DISTANCE VOIC� 1'RODUCT REFERENCE AND PRICYNG GUIDEBDOK
S�CTION 2— TERMS AND CONDITIONS
AGRE�MENT �"OTt USE OF SBC LONG DISTANC� INTER�XCHANGE,
I1V7"ERSTATE, AND 1NTERNATIO�YAL LONG DISTAIYC� SERVICE
1�\CL.YlDING CALLIiYG CARD CALLS
BY YOIJR USE O�' THE SBC LONG QISTANCE SERVICEB PROVIDED iiE1t�UND�Ct, YOU AAE
CONSENTING TO BE BOUN3] BY AND ARE BSCOMINC A PAR'I`Y TO'IHIS AGI�LMENT.
2.1 Undertalcing of SBC I,ong Distance
Southwestern Bek] Communications Services, �nc. dll�la 5BC Lnng Distance, Southwestem Ball Long Distance,
]�levada Be11 Long l7istanee, Pacific Bell Long Distance, and Ameritech Long Distance (individually and collecrively
"58C LD") pro�ides long distance services, where authorized and where necessary arrangements exist with loca!
providers, within the local service areas of SBC Affiiiated Local Service Providers, and limited other areas, for
cornmunicatians origioating and terminating in the United States, or beiween the United Statas and internatianal points.
5ervice areas are subject to changa. 5BC LD's 5ervice is availahle twenty-four hours a day, seven days a week. SSC
[,D arranges for i�stallation, operation, and maintenance of the Service in accordance with the Terms and Conditinns
set forth herein,
2.2 Limitstions on Serviee
5ervice is offered subjec# to the availa�ility of the necessary systetns, fac'tlities, and equipment. SBC LD may decline
applicatians for Se�vice to or from a[ocation where the necessary systems, iacili4ies, ar equipment do not exist. 5BC
LD may discontinue furnishing Service in accordance with the terms of this document. SBC LD reser�es the right to
discontinue or limit Service when necessitated by conditions beyand its cantrol or when Service is used in violation of
pro�isions in this Agreement or the law. S$C LD does not undertake to transmit messages, but offers its Service when
available, and shall not Ue Iiable for errors in transnussion Qr for Failure to establish aonnections. SBC LD reserves the
right tv refuse to process Third Party Vendor calls when standard validation techni�ues cannot confirn3 acce�tance.
5BC I.D reserves the right to refuse to process travel card or cafling card billed calls when authorization cannoY be
validated. SBC LD reserves the right to discontinue Service, to liroit Service, or to imposc requirements, as reqaired, ta
meet chan�ing regulatory or statutory rules and standards.
2.3 Assignment or Transfer
SBC LD dieectly or indirec#ly cantrols all Services provided undar this Agreement and Customer may not kransfer or
assign the use of Services without the express priar writ�en consent of 5BC LD.
2.4 Customer Access
Except as stated otherwise in this Agreement, Custamer may access SBC LD's network as follows: Tf C�stomer's
access line is pre-subscribed tn SBC I,D, Customer dials 1, plus the area code, plus the seven-digit number.
2.5 Use of 5ervice
Customer may use Service for any lawful purpose. Customer obtains no property right or interest in the use of any
�}aecific type of facility, Ser�ice, equzpment, number, process, or code. Al1 right, title, and interest ko such items
remain, aE al[ timas, solely with SBC LD. Recarding of telephone conversations on the 5erv'rce provided by SBC LD
under this Agreement is prahibited, except as authorized by app[icable federal, staEe, and loca] laws.
Z.5 Discontinusnce and Restaration of Service
Service cnntinues to be provided until canceled by Customer in writing, or until eanceled by SBC LD as follows:
(a) Cancellation bv Customer. Customer will be responsihle for paytnent of all bi11s for 5ervice until a date
specified hy Customer through proper notiee or until the cancellation date agreed to by SBC LD.
(b) CanceElation Uv SBC LD, SBG LD, upon 5 days notice to Customer and in accordance with applicable law,
may drscontinue Service without incurring liability:
{[) When any sum owed SBC LI] is not paid within 3Q ciays after the due date printed on the bill.
(iI) [f there is a reasonable risk that criminal, civil, or administrative proceedings ar invest�gations
Uased on the cantents of the transmissions shali be instituted against SBC LI�.
(III) SSC LD may discontinue 5ervice if after three full billing cyales the 5ervice has not been used.
(c) Discontinuance af Se�•vice. Customer shall be subject to discontinuance of Service without nofice:
(I) For violations of law or of any of the provisions gove�nin$ the furnishing of 5ervice under this
Agreement.
(II) For SBC I.D to comply with any arder nr request of any govemmental authority having jurisdiction
of the 5ervice.
xevisad $123/02
SBC LDNG DISTANCE VOICE PRODUCT REFERENCE AND PRICING GUIDEBOOK
SECTION 2— TERMS AND CONDITIONS
(IIl) For unauthorized or unlawful use of calling card numbers and autharization cades. These numbers
and codes are issued by SBC LD to CustQmer and may not be sold or otherwise distributed without
written oonsent of SBC LD.
(IV) If Customer's check or draft is returned unpaid for any reason aftcr one collection attempt,
(V) Custoroer's Qr an End User's misuse or fi-audulent or unlawfu] use af the long distanea network.
(VI) Fpr emergencies,
(VII) For insufficient or fraudulenk Uilling information.
(VIIT) If the 5ervice is used by Customer or its End Users in a manner that harasses others or interferes
with the use af SBC LD's services 6y other customers.
2,7 Restoration of Scrvice
If 5ervice has been discontinued far nanpayment or as o#herwise provided herein and Customer wishes io conrinue
Service with SBC LD, such Service shall, at �BC LD's discretion, be restored when all pasfi due amounts have been
paid in full or the conditions or events giving rise to the ciiscontinuance of Service (if o#her than nanpayment} have
been carrected.
2.8 Cancellation of Application for Service
When Custamer cancels an application for Service prior to the start of installation of Ser�ice, or prior to the start of
spectal construction, na charge applies. Where installation of �ervice has been started prior to cancellation, a
cancellation charge equal to the casts incurred by SBC LD, but not greater than the charge far the minimum period of
Service shall apply. If special construction has either begun or has been complefied, but Service has not been provided
at the tim�; that Customer caneels Service, Customer is responsi6le far all construction costs incurrecf by SBC LD on
Custom�r's behalf.
2.9 Initial Contract Perind
Unless otherwise sfated, the initia] contract period for Service is one month. Thereafter, contract periods shall be for
successive one-month periods.
2.10 Obtaining Services, Proof of Authorization and Identity
To obtain Service, Customer must provide SBC LD with whataver authorization 5BC LD deems appropriaYe. Upon
SBC LD`s acceptance of this authorization, a[1 applicable 5�C LD Terms and Condiiions, as amended from time-to-
time, l�ecome the agreement for Service between SBC LD and Customer. SBC LD reserves the right, at any time, to
require Customer ta present proof of identification to SBC LD as SBC LD may then deem acceptabke. Acceptance or
Use of Service offared by 5BC LD shall be deemed an application far such Service and an agreement by Customer to
subscribe to, to use, and to pay for such Service. Th�se Terms and Conditions and 5BC LD's applicable rates apply to
calls made with SBC LD using a calling card issued by a LBC. 5ervice descriptions, service level agreements, and
current rates and eharges are available at; www.sbc.cnm/nubIic affairs/lon� distance news.
2.11 Establishment af Credit and Deposits; Tolj Restriction; Credit Limits
(�) SBC LD reserves the righY to require all Applicants to esTablish creditworthiness to the reasonabla
satisfaciion of SBC LL� and reserves the right to require a!I Customers to maintain or re-establish
creditworthiaess to the reasonable satisfaction of SEC LD. In addition, if the conditions of Service or the
basis on which credit was originally esta6lished have materially changed, an existing Customer may be
required to estab[ish additional credit. SBC LD reserves the right to examine the credit record and check the
references of Custamer at any time. If Customer's finencial condition is unknown or unacceptable, SBC LD
reserves ti�e right to require a security deposit, which SBC LD may apply to ovardue charges. The security
deposit amount shall be up to three months' estimated usage. SBC LD shall determine the amount of any
deposit, in its sole discretion, within the limits set forth in this Agreement. 5BC LD shall pay interest on
depasits as required under state law. 5BC LD shall review Customer's account periodically to datermine if
all amounts due ha�e been }�aid within the Terms and Canditians of this Agreement. In such event, SBC LD
shall refund the deposik in fu11 within the time prescribed under state law, bat in no event later than one year
following the deposit.
(b) SBC LD reserves the righf to refuse 5er�ice Eo any Applicant wha is indebted to SBC LD for Seivice{s)
previausly furnished unti] satisfactory payment arrangements have been made for all such indebtedness.
SBG LD further reserves the righ# to refuse Service to any Applicant who is currenkly indebted to SBC LD
for Service(s) on another 5B� LD account, until satisfactory payment arrangements have been made for all
such indebtedness. SBC LD may afso refuse Service to any Applicant attempting to establish servioe for a
former Customer who is indeUted for previous Service(s), regardless af whether or not the previous Customer
was furnished Service at the same location, unti] satisfactary payment arrangements have been made for the
payment of all such prior indeUtedness. If Service is established and it is subsequently detenninad that any of
Revised 8/23/02
SBC LONG DISTANCE VOICE PRODUCT REFERENCE AND PRICING GTTIDEBOOK
SECTTON 2-- TERMS AND CONDITIONS
the foregaing conditions exist, SBC LD msy suspend or terminate such Service until satisfactory
arra�tgements have been made for the payment of the prior and/or concurreni indebtednass. Where Customer
subscrihes to more than one active kelephone account, and 5BC LD suspends or terminates Service io on� or
more of Customer's accounts for nonpayment, SBC LD may, at its option, initiate action for collection,
incJuding the action to suspend ar terminate some or all af Customer's other activa accounts, with notice as
prescri6ed under these Terms and Conditions. Finally, SBC LD reserves the right to discontinue granting any
further credit to Customer in the e�ent of Custamer's repeated delinquency in payment far Service,
fraadulent use oi Service, suspension or disconnection of 5ervice, initiation of a proceeding by or against
Customer under the United States Bankruptcy Code, or any other materiaE breach, where not prohibited by
federal law, rule or regulation. In such event, SBC LD may, at its sale discretion, require Customer to pre-
pay �or all future Service as thereafier direcYed by SBC LD.
(cj SSC LD may regularly review Customer's toll asage in order to protect itself from fraudulent or excessiva
usage hy high-rislt Customers or Customers who are delinquent in their payments. When 5BC I,D
determines that the usage volume increases the likelihood that Customer will not pay or wi116e unable to pay
for usage, 5BC LD may implement its tol! blocking process. Pursuant ta that process, SBC LD may place a
restriction on or discontinue Customer's use of damestic and/or intemational lang distance services, including
Calling Card use, l�-, 0+, and/or aIl 906I97G170015Q0 calls until Customer makes payment arrangements
satisfactnry co SBC LD. Access Eo local calling, operator-assisted cails, etnergency scrvices (9-1-I), 800 and
888 calls will not be affected. In the event thaY tall aecess is restricted or blocked pursuant ta the foregoing,
Custamer's attempting to access restricted services wil] l�e automatically routed to either a recorcEed
announcement or a service representative for informatian regarding restoration af service. This process
allows SBC LD to reasonably ]imit Fhe amount of toll usage Customer may accumulate.
(d) SBC LQ may estab[ish credit limits for new and existing Customers. Where a credit limit is established for
Customer, Custamer will be ootified of his/her initial credit lia�it amount and any subsequent credit limit
ch�nges, only if lower than S$C LD's standard credit limit. SBC LD reserves the right to deny fumishing
calling cards to any Customer ar Applicant SBC LD deems high-risk. Where Customer becomes delinquent
in payments, a new credit limit may be esta6lished that is lower than Customer's initial credit limit. In the
e�ent Custamer's established credit limit is exceeded, or in the event Customer becomes delinquent in his/her
payments, SBC LD may implement its toll blacking process, as described above. SBC L� shall provide
notice of adverse actian regarding credit lirnits in accordance with federa] and/or state laws and/or
regulations.
(e) In addition to Blocicing, SBC LD reserves the right tn put Gustamer on "Credit Hold" status during which
pe3•iad S�C LD may suspend ar cancel the provisioning of any new 5ervice ordered by Customer and refuse
to aceept any new orders for Service from Customer.
2.12 Advance P�yments, Credit Card Auihorizations
SBC LD reserves the right to require advance payments from Customar andlor Applicant when, in SBC LD's sole
judgment, Customer and/or Applicant presents an undue rislc of nonpayment. Such advance payments may be required
instead af, or in addition to, a security deposit. SBC LD shail be authorized to appiy sach ad�ance payments against
Service charges incurred by Custamer andlor Applicant. 'Fhe advance �ayments shall be equal to or less than estimated
installatian charges plus two months' estimated billings. Ad�ance payinent requirements may bc increased or
decreased 6y SBC �.D, as it deems necessary in the light of changing conditions. SBC LD shal] not pay interest on
advance payments, uniess specifically required under stata law. SBC LD may alternati�ely reGuire Customer �nd/a3'
Applicant to authorize Credit Card billings for ad�anee payments as described below.
2.13 Paymcnt and Billing
(a) Monthly recurring charges for Service componen#s are billed in advance of Service and reflect the rates in
eFfect as of the date of the invoice. For the purpose of eomputing partial-month charges, a month is
considered to consist of thrrty days. SBC LD will hill calls in whole mipute increments, unless otherwise
stated in the service cEescription of Customar's calling plan. Fartial minutes are rounded up to the next whole
minute. If the charge for a call includes a fraetion of a cent of �.QOS or more, the fraction of such charge is
rourtded up to the next higher whole ceni. Otherwise, the charge is rounded down to the next ]ower �vhole
cent, Rounding for charges for Service(s} is on a cap-by-call basis.
(b) Bills are due and payable upon receipt. Customer is liable fQr any reasonable fees and expenses including
attarneys' fees incurred by SBC LD in the collection of charges owed to SSC LD. SBC LD may also cha�•ge
Customer a late fee on the overdue charges of $S.�Q per month, or up to the maximum amount aflowed under
state law. Charges may be assessed for unbilled traffic up to two years in arrears, except in the event of
fraud, where no limitation shall apply.
(c} When Ce�skomer receives a direct-bifl (as opposed to a shared-bitl frarn a LBC or CLEC), Customer must
provide SBC LD updateci informatian within 15 days of a change in hilling address and/or contact
inforrnation. �f Gustomer fails to provide such updated information promptly, SBC LD reserves the right to
Revised 8123102
SBC LONG DISTANCE VOICE PRODUCT REI'ERENCE AND PRICING GUIDEBOOK
SECTIQN 2-� TERMS AND CONDITIONS
terminate Ser�ice on �ve days' oral or written notice to last lcnown address or contact number. Customer
shafl be responsible for any and al! cancella#ion charges incurred.
{d) Customcr is responsi6le far payment of all charges for Service furnished to Customer, its agents, or End
Users. SBC I,D reserves the right to assess a charge of $25.00 whenever a check or draft presented for
payment of 5ervice is not accepted by the institution upon which it was written.
(e) Credit Card billing and automatic withdrawal from Cwstnmer's checkin�; or savings account may be available.
Tf Custamer presents an undue risk of nonpayment at any time, SBC LD may require Customer to pay its bill
in cash or the equivaient of cash. With Credit Card billing, charges for Ser�ice provided by 5BC LD are
billed on Custamer's designated and approved Credit Card. Should Customer cancel or change a designated
Credit Carci for billing, Custpmer shall promptly inform SBC LD and designate new informatian for billing.
Charges for Service are billed monthly in accordanca with terms and canditions hetween Custamer and
Custamer's designated Credit Card provider. Call detail will no# he included in the Credit Card bill, but will
be provided by SBC LD by separate mailing.
2.14 Disputed Bills
Customer must notify SBC LD of any disp�ted charg�s in writing within 6D calendar days after the bill giving rise to
such dispute is rendered. in the case of a billing disputa which cannot be settled to the mutual satisfackion nf Custorner
and 5BC LD, Customer may, within 3� days of the date of the 6i11 containing the dis�uted amount, request an in-depth
investigation and review of the disputed amount. 5BC LD skall communicate the results of such in�+estigation and
review as soan as reasonabfy possibEe. The undisputed portian of Customer's bill, and any suhsequent bills, must 6e
paid hy Customer on a timely basis.
2.15 Changes to Rates, Charges, and Terms and Conditions
SBG LD may periodically make chang�s to its rates, charges, and terms and conditions. SBC LD will provide
Customer with at least IQ days advan�e written notice fnr rate and charge increases and chang�s ko tenT►s and
conditions that adversely affeck Customer. 1n the event of an increase to rates andlor charges affecting Customer's
direct-dialed domestic vnice plan, Customer shall have the opti4n af migrating to anothar domestic voice plan with
term and revenue commitments equal to or one tier ]ower than Customer's existing term ana revenue commitments
without liability far early termination charges on account of Eermination of Customer's existing direct-dialed domestic
voice plan. Rate and charge decrcases and changes to terms and conditions that do not ad�ersely affect Customer will
be made without advance notice. CJse of Service after changes take effeet constitutes acceptance.
2.16 Tax Exempt'ron Certificate
In order to be granted tax-exempt status, Customer must provide SBC LD with copies of afl tax exemption certificates
and documents required by SBC LD at the time Service is ordered. 5BC LQ may accord Customer tax-axcmpt skatus
upon receipt af the required documentation after Service is ordered. Customer will be billed for all aQplicable taaces
and will 6e responsil�le for their payment until such time as SBC LD has ceased billing the appficable taxes. 5SC C.L7
is not liable for refunding the amount af the ta�ces paid by Customer. Custorner is responsible for seeking refunds for
such taxes from the appropriate taxing authority.
2.17 Nntices
Any notices provided by SBC GD are deemed given and effective upon the earlier of (a) actua] receipt by Customer, (b)
three days a$er mailing if sent 6y m3il, (c) the day after express overnight delivery, or (d) the day the no#ice is ieft at
Customer's premises. Notices will be sent to Customer's last billing address provided to SBC L]] l�y Customer.
2.18 Lost or Stolen Calling Card or PIN
ilpon knowledge af iacts that would alert a reasona6le persan to the possibiliky vf unauthorized use of Customer's
ca3ling card(s) or PIN(s), Customer shall alert and give notica to 5BC LD nf such faets. Upon receipt of notice, SBC
LD will deactivate the PIN(s) associated with the eard{s}. If rec�uested by Customer, a new ealling card and PTl� will be
issued to Customer. Custamer will be excused from liability onfy with resp�ct to unauthorized calls placed after receipt
of such notice by SBC L�.
Z19 Inspection, Testing, and Adjustment
SBC. LD may, upon reasonable notice, make such tests and inspections as may ba necessary to determine whether the
installation, operation, and/or maintenance of Customer's or SBC LD's facilities and/or equipment are in compliance
with the Terms and Conditions of this Agreement. SBC LD may interrupY 5ervice at any time, without penalty or
liability, due to the departure from, or reasonable suspicion of the departure from, any of these Terrr�s and Canditions.
Upon reasonable natice, tf�e facilities andlor equipment provided by 5BC LD shail be made available to 5gC LD for
such tests andloi° adjustments as may be necessary for their maintenanca in a condition satisfactory to SBC LD. l�n
interruption allowance shall be granted far the time such tests and adjustments are made, unless such interruption
exceeds 24 hours and an allowance is requested by Customer.
Revised 8123/02
SBC LONG DISTANCE VOTC� PRODUCT REFERENCE AND PRICING GUIDEBOOK
SECTION 2— TERMS AND CONDITIONS
2,Z0 [nterconnection
Customer shall ensure that the facilities and/or equipment provid�d by Gustamer are properly interconnected with the
facilities or equipment of SBG LD. If Customer maintains or nperates the interconnected facilities or e+�uipment in a
manner that resufts, or may result, in harm to SBC LD's faeilities, equipment, personnel, and/or quality of Service,
SBG L� may, upon written notice, require the use o€ pratective equipment at Customer's expense. If this written
notice fails to eliminatc the actual or pntenrial harm, SBC LD may, upon written natice, terminate the existing Service
of Customer.
2.21 Taxes and Surcharges
Federal excise kax, and stata and local sales, usc, and similar taxes and surcharges shall be 6illed as separate fine items.
5BC LD may also impose surcharges on Customer ko recover amounts it is required by governmental or quasi-
governmental authoriEies to collect from, or to pay to, others in support of statutory or regulatory programs {e.g.,
uni�ersal service funds). Customer will be responsible for the payment for all Services provided by SBC LD and for
the payment of all excise, sales, use, gross receipts, or other taxes and surcharges. SBC LD will nok provide advance
noYice of changes to kaxes and sm�charges, except as required by law.
2.22 Local Charges
In certain instances, Custamer may be subjec# to lacal exchange campany charges or mes5age unit charg�s to access
SBC LD's netv�rork or tv terminate ca11s. SSC LD shalf not be respansible for any such local charges incurred by
Customer in gaining access to SBC LD's network.
2.23 5BC LD's Limitation nf Lia6iliiy
The provisions of this Section do not apply to errors and omissions caused hy willful misconduct, fraudulent conduct,
or vioiations vf law:
(a) ln the event an error or omission is caused by the gross negligence of 5BC LD, the liability of SBC LD shall
be limited to and in nn event exceed the sum of $10,Q40.
(b) Excepi as provided in subsection (a) abo�e, SBC I,D's liability for damages of any nature arising from errars,
mistakes, amissions, interruptians, or delays of SBC LD, its agents, servants, or employees, in the course of
establishing, furnishing, rearranging, moving, terminating, ar changing the Service, facilities, or eqnipment
shall not exceed an amount equal to the charges applicable under this Agreement (calculated on a
propartionate 6asis where appropriate) ta the period such error, mistake, omission, interruption, or delay
occurs.
(c) SBC LI� will not be liabie to Customer f4r damages or statutary penalties or be ohligated to maEce any
adjusiment, refund, or cancellation of charges, unless Customer has notified SBC I.D in writing of any
dispute concerning charges, or the basis of any claim for damages, within 60 days after an invoice is rendered
by SBC LD giving rise to such dispute or claim. Any such notice must set forth facts sufficient to pro�ide
SSC LD with a reasonabl� basis upon which to evaluate Customer's claim or demand.
(d) Witfi respect to 5ervice provided her�under, SBC LD hereby expressly disclaims, withou# limitation, all
warranties not stated in these Terms and Conditions, wh�ther express, implied, ar statutory, and in particular
disclaims all implied warranties of inerchantabili#y and of fitness for a particular purpose. In no event shall
3BC LD be liable for any incidental, indirect, punitive, special, or cotase�]uential damages, including lost
revenue or profits. 5SC LD wifl not be liable for any act or omission by any other company or companies
furnishing a portion Qf the Service or furnishing facilifiies ar equipment associated with such Service. If SBC
LD learns of act�al ar possible unauYhorized, fraudulent, or unlawful use of any SBC LD 5ervice, SBC LD
wii] make an effart to contact Customer, but Service may be blociced without notice and withaut liability to
SBC. Service may 6e suspended by SBC LD without incurring liability by Alockiug all calis or by Blocking
aalls to or frnm certain NPA-1�€XXs, certain countries, ciries, or individual teleghone stations for any Service
offered by SBC LD. Service will 6e restnred as soon as it can be provided without undue risk and onfy after
accounts f►ave been brought current. SBC LD will not be liable for any failure of performance due to the use
or abuse of any Service described herein by Customer. Use or abuse includes, but is no# limited ko, any calks
placed by means of �BX-reorigination or any other legal or illegal equipment, service, ar de�ice.
{e) Compensation for any injury Gustomer may suffer du�; to the fault of third parties mast be sought from s�ch
Chird parkies. Tn the cass of TFS, this applies ta third parties that dial Custamer's TF5 number by rnistake.
5BC LD will nat 6e liable for any failure of performance due to any action, such as Blncicing ar refusal to
accept certain calls, Chat �BC LD deems nacessary in order to prevent unauthorizad, fraudulent, ar unlawful
use of its Service.
(� SBC LD shap not be liable for interruptions, delays, errors, or defects in transmission, ar for any injury,
Aevised 8123/02
SBC LONG DISTANCE VOICE PRODIICT REFERENCE AND PRICING GUIDEBOOK
S�CTION 2— TERMS AND CONDITIQNS
eaused by Customer, its agents, or End Users, ar by facilities or equipment provided by Customer.
2.24 Force Ma,jeure
SB� L.D shall not he liable for any failure af performance hereunder, if such failure is due Co any cause or causes beyond 5BC
LD's reasonable control, Such causes shali include, without limitation, acts of C�od, fire, axplosion, vandalism, terrorism, cable
cut, storm, or other similar occurrence, any Eaw arder, regulation, direcrion, actian, or request by the U.S. government or of any
other government, civil, ar military authority, national emergencies, insurreckions, riots, wars, strikes, lockouts, work stoppages,
or other labor difficulties, supplier failures, shortages, breaches, or delays, or preemptian of existing Service ta restore Service in
corr►pliance with the FCC's Rules and 12egulations. SBC LD shall not be liable for interruptions, r�elays, errors, or de%cts in
transmission, or for any injury, caused by Customer, its agents, End Users, or facilities ❑r equipment provided by Custamer
("Porce Majeure"}, To the extent a Force Majeure event interferes with SBC LD's perfnrn�ance of tf�is Agreement, SSC LD wi[l
be excused fram perfarmance during the period of such interferenee, provided that S$C LD uses all reasonable efforts availabfe
to SBC LD to avoid such Force Majeure event. If a delaying condition cantinues more than 45 business d�ys, Customer or SBC
LD may terminate the affected Service or, if all Services are affectad, this Agreement. This Seetion shall not operate ko excuse
the payment of money.
2.25 Liability af Customer
Ta the extent allowed by law without waiver of sovereign immunity, customer shall indemnify, defend, and hold
harmless SI3C LD (including the cost of reasonable attorneys' fees) against:
(a) Claixns for 1i6e1, slander, infringament of copyright, or unauthorized use of any trademark, trade name, or
service mark rising out of the material, data, infarmation, ox otl�er content transmitted by Customer, its
agents, or End Users over SBC LD's faciliries or equipment.
(b) Claims for patent infringement arising from cam6ining or connecting SBC Lb's facilitias or equipment with
facilities, equipment, apparatus, or systems of Customer.
(c) All other claims (including claims for damage to any business or property, or injury to, or death of, any
person) arising out of any act or omission of Customer, its agents, End Users, or customers in connection
with any 5ervic� or facilities or equipment provided by 5BC GD.
{d) Any and all claims, demands, suits, actions, losses, damages, assessments, or payments asserted against SBC
LD and/or any affiliated or unaffi]iated Third Party Vendor or aperator of facilities emplayed in pravision of
the Service by someone other than Customer (e.g,, authorized or unauthorized} wha has use of the 5ervice
directiy or indirectly thraugh Customer.
(e) Any suits, ciaims, losses, or damages including punitive damages, attorneys' fees, and court costs arising aut
of the construction, installation, operakion, rnaintenance, or removal of Custamer's circuits, facilities, or
equipment connected to the Services. This inel►�des, without limitation, Worker's Compensation claims,
actions for infringement of capyright, andJor unauthorized use of program materials, ]ibel and slander actions
based on the content of cammunicarions transmitted ovar Customer's circuits, facilities, or equipmenE, and
proceedings tv recaver t�es, fines, or penalties for failure af Customer to obtain or maintain in effect any
necessary certificates, permits, licenses, or ather authority to acquire or operate ihe Services.
[n addikian to the lia6ilities identified above in this Section, Customer wiil be respansible fQr taking all necessary lega]
steps for intarconnecting Customer-provided terminai equipment with the lang distance network. Customer will ensure
that the signals emitted into the Iong distanoe network do not damage 58C LD-provided equipment, injure persannel,
or degrade 5ervice to other users of the lang distance netwark, Customer is responsible for securit�� all licenses,
permits, rights-of-way, and other arrangemems necessary for such interconnection. In addition, Customer will comply
witf� applicable local exchange �arrier signal pawer limitations. Customer shall reimburse SBC LD for damages to
facilities or 5BC LD-pravided equipment caused by the negligeoce ar willful acts of Customer's officers, employees,
agents, contractors, andlar users. Customar shall indemniiy and hold SBC LD harmless against any and al1 liabiIities,
costs, damages, and expenses resulting frou� claims by third parties that Customer's calling card or PIN has b�en lost,
stalen, nr fraudulenily issued or used. Customer shall pay all charges for Service(s) that need ta be moved, replaced, or
redesigned as a resuit of inaccurate information provided hy Customer. Wtthout the prior wriiten consent of SBC LD,
Customer shall not use any service mark or trademark of 5BC LD nor refer to SBC LD in connection with any product,
equipment, promotion, or publication of Cvstomer. Custorr►er shalI pay SBC LT] amounts equal to the monthly
recurring charges that would have been paid nad SSC LD been able to eommence or to continue to provide Service, in
the event that SBC LD's ability to commence or to continue to pro�ide Service in a timely manner is delayed or
interrupted becaUse of non-perFormance by Customer of any obligation set forth in khese Terms and Conditio�s.
2.26 Assignment of Toll �eee Telephone l�umbers
In accepting Customer's or Applicant's request for a particular Toll Free Service (TF5) number, SBC LD shall
accommodate su�h request to the extent possible in administering the assignment of 840 numbers on a nationwide
basis, in accnrdance with procedures established by SBC LD. No guarantee of the assignment of a particular TFS
{ Revised 8/23102
SSC LONG DISTANCE VOICE PRODi7CT REFERENCE AND PRICING GUIDEBOOK
SECTION 2— TERMS AND CONDITIONS
num6er shall Ue made priar to the initiafion of Service. SBC LD shall not he ]iable for any costs incurred by Customer
or Applicant prior to 5ervice if the requested number is not secured. [f Customer's or App{icant's TFS number is not
used by callers other than for test calls within 90 days of activation of thc "I'FS number or any subsequent period of
three full billing cycles, SBC LD may, upon written notice, release the TFS number without li�bility. Test calling does
not constitute use.
2.27 Prohibitian ofResale
�xcept as explicitly authorized in a written agreement, the 5ervice provided hereundcr shall nnt be resa�d or provided
to third parties.
2.28 International Mobile Termination Charge
International calls terminaking to a �rrireless device, such as a cellular phone, pagar, personal computer, or personal
digital assistant may ince�r an additional per minute charge, reFe�-red ta as an inEernational Mobite TerminaYion Charge.
Revised 8/23/02
C`ity o, f Fopt Worth, T'e�as
Mayor ��nd Cou��i[ Corr�rr�u��c��ion
DAT� REFERENCE Nl1MSER LOG NAME PAGE
� � �2sio2 **p�g�� � aao2-o22a 1 of 3
SUBJECT PURGHAS� AGREEMENT FOR LONG DISTANCE SERVICE FROM SBC
SOUTHWESTERN BELL TELEPHONE C�MPANY F4R THE INF�RMATION�
TE�HNOLOGY SOLUTIONS DEPARTMENT
RECOMMENDATION:
ft is recammended tha# the City Council;
1. Authorize a purchase agreement far long distance service with SBC Southwestern Belf Telephone
Company {5BC); and
2. Autharize this agreement ta begin December 40, 2002, an� expire December 9, 20Q3, with o�tions
to re�ew for two additional one-y�ar p�riods; and
3. Authorize a transition period of a maximum of 90 days from the current long distance agreement
with AT&T Communica#ions (AT&T).
D�SCU5S10N:
On August 28, 2001 (M&C F'-945Q), the City Council appr4ved rejecting a11 rpspanses to � Request far
Proposals for long distance services. At the time, it was determined that the best aption was to
continue a month-to-month Iong distance service agreement wit� AT&T.
In August 2002, a request far bid far lo�g distance services was solicited, There were seven respanses
to the bid requirements. Th� ��aluation of the bid responses was based on five categtiries. The five
categories evalua#ed were Services, Pricing Str�cture, Billing Requirements, Customer. Servic�, and
Can�ersian Change Charges by the local service provider. Of the seven vendors that responded ta the
bid, only SBC was able to meet all the requirements requested in the bid. A comparisan af th�
responses and the current agreement is as follow�s:
I�la'iT[e1;
sBc
RWT
AT&T (Oa�Cton VA)
5print
AT&T (Dallas)
verizon
Wings
finn�al
Cost
��a,oao
�z�,�oo
�sa�,�oa
$32,04D
$34,50Q
�3z,oaa
$2fi,5DQ
Conversion
Charqe
� o
$13a,00a
None proposed
$130,000
Nor�e �ropas�d
�� �a,00a
$13Q,000
Vendar Reimbursement
af Conversian Charae
� o
$ 0
$ 0
$ 12�
$ 0
$ 0
$6,00�
First Year
Costs for CFW
� 3o,aoo
$151,500
$ 34,5d0
$161,875
$ 34,5aa
$162,Od0
$154,��0
City-wide long distance charges are abaut $9�,000 per year under ti�e current arrangement vwith AT&T.
C'ity of Fort Worth, T'exas
Iv�ayor and Cou�nci[ Cor�mur��c��ior�
DAT� RE��RENCE NllMBER LOG NAME PAGE
11/26/02 �*p�g�� � aaa2-o220 2 of 3
sua.�Ec�' PURCHASE AGREEMEN FOR LONG DISTANCE SERVlCE FRQM 5BC
SOUTHWESTERN BELL TE�EPH�NE COMPANY FOR THE INFORMATION
TECHNOL.�GY SOLUTIONS DEPARTMENT
Ali vendors su�mitted bids whose annua! casts are significantly iess fhan the curr�nt annuaE casi.
However, to determine the total cost to move tn a new long distance provider, conversion charges must
afsa be considered. The conversion charge i's what the Eocal telephone service provider (SBC) charges
the long distance provider to change the code in their da�abas� on �ach phone line to ref{ect which
company prov9des long distance. The iong distance pra�ider typically passes this charge on to the end
customer. When the canversian charges and the estimated annual cost are added tngether, 5BC has
the lowest estimated �rst year cost for long distance services b�cause, as the local telephone ser�ice
provider, 5BC has proposed to waive th� co�version charges. The next Eowest estEmated long distance
cast wa�ld be �ither one of the AT&T bids.
5BC submitted the overall most responsive bid based on ali evaluation criteria and had the lowest first
year cost. By accep�ing 5BC's bid, the City stands to save over $60,000 per year in long distance
costs, ar two-Yhirds of the current annual cost.
The recommendation �o con�inue the month-to-montE� service with AT&T during a transition process is
to allow for an orderly change of vendors. The process of changing long distar�ce pravider takes
significant time because several thousand phone lines must be manually converted by the local
telephone s�rvice pravider. '
BI'D ADVERTISEMENT - TF�e bid was advertised in the Commercial Recarder on August 8 and
September 4, zaaz.
MIWBE - A waiver af the gaa! for MIWBE subcontraciing requirements was r�qu�sted. by tt�e
Purchasing Division and ap�roved by the MIWBE Office because the purchase of ser�ices� is �ram
saUrces where su�contracting ar supplier apportunities are negligible.
RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at
the City's option. This actian does not rec}uire specific City Counci! appro�a) provided tF�at the City
Council has appropriated sufficient funds to satisfy th� City's abligations during the�renewal term.
�`ity of �ort Worth, T'exas
�1�yor ��ol Cour�ci[ Cornn��nic��tion
DATE REFEREiVCE NUMBER LQG �EAME PAGE
11/26/02 **p,�g�� � 0002-0220 3 of 3
SUBJECT PURCHASE AGREEMENT FOR LONG DISTANCE SERVICE FR�M SBC
S4UTHWESTERN BELL TELEPHONE COMPANY FOR THE INFORMATION
TECHNOLOGY SO�.l1TIONS DEPARTMENT
FISCAL {NFORMAT[ONICERTIFICATION:
The Finance Directar certifies tnat funds are a�ailable in the cur�ent operating �udgets, as appropriated,
of the participating departments.
CB:k
BQNID2-02201V1/W
Sub�nitted for City Manager's FUND I ACCOUNT I CENTER I AMOUNT
�f�ee by: (to)
Charles Boswell fi183 �
Originating Department Head:
�
7im Kaycs 85 l7 I(&om)
David Miller 87$1
Additinnal InTarmation Cnntact:
RoberE Combs S3S7 I
David Miller 8781 I
CITY SECR�TARY
I APPROVED 11/26/02
1
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