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Home My WebLink AboutContract 28533��`,�� Sa hhwestevri.8ell PREAMBLE Plexar�-Custom Ser�vice Agreementi C5P # 3945 02-TX-65036 �f�Y SE�:��'i��Y � � -, r ��N��J�i�Y �o . - The undersigned hereby agrees lo subscribe lo Plexar-Custom Service ("SERVICE�) as set farth in ihe following terms and canditions. SCOPE QF SERVICE SW-4325B Revised 3-02 Page l of 2 Plsxar-Custom SERVICE is a cenlral affice based business communications system, which serves customers with a minimum of 75 stations wilhin a single serving affice. Plexar-Custom SERVICE is provided utiiizing existing SOUTNWES7ERN BELL 7ELEPHONE, L,P, (SWBT} facilities and equipm�nt, constructian of new facililies, ihe purchase of new centra! office equipment, or any combinaiion thereof. The S�RVICE is provided hy an arrangement of station fines, switc�ing equipment, cusiomer facifity groups, and ather facilities located on SWBT's premfses. Plexar-Custom SERVICE Is offered pursuanf ta the provisions of SWBT's tariff5 and such rules, regulafions, rates and charges are hereby made a porlion of lhis Agreement. 5houfd any part of this Agreement �e in conFlict wilh the applicable tariffs, the tariffs wiU govern, � IV V TERMS OFAGREEMENT This Agreement sh�ll become effective on Q41D912003, and expire on 0410812004, GENERAL PROVISIONS A, SERVICE will be provided to CUSTOMER for a Fixed Rate 7erm as specified on SWBT form 5W-4325C, Services Covered, attached and made a part hereof, This SERVlCE is inte�ded for the administrative use by CUSTOMER only and should noE be used by or resald to any other enlity, B. 7his Agreement shall be subject to all applicable Federal, State, and Local laws, ordinances, and r�gulatians, and shall be canstrued in accordance with the laws of the slate in which SERVICE is fumished, Tf�e rates and charges, terms and conditions oi this Agreement, inclutling farm SW- 432��, a�e subjeck to lhe review antllar apprnval by the regulatory authorifies of the 5iafe in which SERVICE is furnished, C. �tems speci#ied in the aftached SW-4325C will he provided at the rates and charges shown. CUSTOMER SERVICE LOCATION[5} & PLEXAR STATION QUANTITIES � A. SERVICE shall be provid�d to CUSTOMER at the locations speclfied and at the Cufover and Capacity Quantities for Plexar Station types (�igital, Basic, Off-Premises andlor Non-Warking Plexar Stations) shouvn on form 5W-4325C attached. B. InStallation a{ Off-Premises staflons wlll be subject ta charges set ouf in lhe 5W-4325C, charges in applicatsie sections af SWBT's tariffs, and aEl ofher terms antl condiiians herein. VI, FIXE� PAYMENT PLAN PRQVI510N5 A. The Fixed Payment Plan pravides that CUSTOMER shall pay a�ixed Monthly Rate for SERViGE over the Fixed Rat� Term, beginning on the date SERVICE is installed, . B. Inslallation and Nan-Recurring Charges shown for thls SERVICE may be deferred over the �xed rate term. For subsequenk additions of service . items afler tha system is cutover (Adtlltionsj, Cuslomer may slect fo de(er Installation and Non-Recurring Gharges over the remaining Fixetl Rate Term based on the dlscouRt rate referenced on the SW-4325C. InstalEation and Non-Recurring Charges will ba applied each and every lime senrices are Installed or reinskalled. C, Fixed Rates are nat subject to rate increases Initiated by SWBT during the course of ihi5 Agreement, p. Tariffed exchange access servlces and�or trunk senrices and miscellaneous servlce afferings nof specified in ihe ailached 5W-4325C are subject to SWBT initiated rate changes. E The rafes, minimum quantities and maximum capacities specified in the attached SW-�325C are applicable lo Additions matle during the period of the Fixed Rate Term. Charges for Fixed Monthly Additions begin a# installatian of th� Addition and end at the end of the Fixed Rate Terrn. For Additians not specified on the 5W-4325C, tha raie will be established by an adderodum to lhis Agreement aE the tlme of the Customer's req�est. � '� I�I�U� �G°�� UsL��GIJU�I� ��! ��!�G�� . f��°�� Plexar�-Custom Servfce Agreement ��a'Y+thwester� Bell CSP # 3945 02-TX-65036 VIL PROVISIpNS FOR QISCONNECTION'S OR MOVES � • c-s - �v IQ� (rtD -` �'t� � n . � -- n + �4 � � r»� f'C `�� . . O ; . +i Y• N � � f� r� . � IX, �� ' _ _ � :�.-�-' � A, Di5connection of Plexar Staiians SW-4325B Revised 3-02 Page 2 af 2 If GL�STOMER disconnecls Plexar Staiions prlor to the expiratian 4f lhis Agreemeni, termination liabilily may apply. Termination liability is applicable only on those Piexar 5tations disconnected which result In a redt�ction in ihe number of remaining In-service Plexar Sfations 6elow 65% of the Cutover Quantity (including a�l other cutover station quantiiies resulting from subsequent system additions during the Fixed Rate Term), The terminatian liability is the present wo�th of lhe sum of ihe slation rafes far the unexpired portion of the Fixed Rata Term far the number of Plexar Stations determined aboVe, In addition, the present worth of any Installation and Non-Recurring Charges that hav� been deferred must he paid in full. The discount rate to be used fn defermining the present warth of these charges is shawn on the alfached SW�325C. B. Complete �isconnection of SERVICE If CUSTOMER disconnects SERVICE in 4s entirety, kermination liability applies. Thetermination 1ia61lity is the presenlworth of lhe sum of the station rates for the unexpired portion of the Fixed Rate Term for the num�er of statians determined in VI,A or fi5%a of the Cutover Quantity (including all other cutover staiion quantities resulting from subsequent syst�m additions dunng the duraiion of the Fixed Rate Term), whichever is greater. In addition, the pr�senl worlh of any Installalion and Non-Recurring Charge5 that have been deferred must be paid in full. The discount rate to be used in determining the presenl worth of these charge5 i5 shawn on lhe attached 5W-4325C. EVofe; Slations previously disconnected, far which lermination liability has already heen incurred, should no# be inciuded in calculating station termination iiabiliry for a comple#e discannection of service, C, Moves of SERVICE fo Differeni CUSTQMER Locatians CUSTOMER may move services from one CU�7QMER location to another where facilities permit, subject lo the appropriake Installation, Non-Recurring and Recurring Charges associated with the move, and subjecl to regulatory approvai, where appGcahle. F9xed INonthly Rates for Plexar Stations at the new location will be established by an addendum to t�is 5ervice Cantract at the time of the request, Fixed monthly rates for feafures affected by the move will also be established by an addendum fo this Service Contrac# at tf�e time of the request. Termination lia�ility may apply if the 65% condition of paragraph VI.A above is meL � M15CELLANEOUS PROVISIONS AI� additions to this Agreemenl will be made colerminous with the original contract period unless the CUSTOM�R initially requesfs a sharter term. One primary directory Ilsting will be f�rnlshed with this SERVICE in accordance with the regufations setfiorth In the Directory Lislings section of SWBT's taflff. The asslgnment of telephone numbers far this SERVICE shall be in accordance wi�h the Rules and Regulafions Appfying to AI[ Customers' Contracts seciioro of SWBT's tariff. � Sufficient iloor space and the necessary wiring, outleks and commercial power for lhe operatian of the 5ERVICE shall be fumished by the CUSTOMER who assumes all responsibility far the safe candi�on of such floor space, wiring, outlets and power, h+fonthly End User Comrrton Line Charges wi[I be billetl to CUSTOMER for each Piexar-Cuslom station as prescribed by the FGC and sef forth in SWBT's Access tariff. An additive equivalent to the 8usiness End User Common Line Charge will apply for eac� Plexar-Cusfom Access Line. The difference between these two amounts +xill be credlled lo the Cl1STQMER's account, ENTIRE AGREEMENT � This Agreement, including SWBT form SW-�325C and any other Attachmenfs, consiitufe the entlre Agreement of the parties for the provision and u�of � . Plexar-Custom Service and can be amended only by a wrifing signed by lhe parfies herela, �� IN WITiVESS WHER�OF, ihe foregoing Agreement has been executed by the parties hereto, as of the tlates set forth below. � Accepted: Accepted; � SQUTHWESTERN BELL TELEPHONE, LP, Cilv of Fort Worl� By its General Partner r 1 �� SWBT T LLC ' � � � By: . B /'�` Y� ;_-._y�r�:.,_ _ Title: �� Title° � '"''� -- u �. r�-- .Q Date: `F� �� 3 Date: � 1 ' d�� V�'�. _�: J ad i rT Gi� •�l i. 8 � � �- �� — � � � � � �� . 5outhwestern Bell Addendum To Plexar°- Custom Service Agreement Page 1 of 1 Re�ised 4-02 The und�rsigned jointly agree that this Addendum shall be incorporated into and made part of the existing Plexar-Custom Service Agreement which has an effective date of �4/09/2�03 by which SOUTHWESTERN BELL TELEPHONE, L.P. pravides servicEs to Citv of Fort Warth. That Ag�eement expires 04/08/2004, and �he par�ies agree that the additional ser�crices and rates provided through this Addendum will be coterminous wi�h that date. fihe speciiic additiona� services and rates covered by this Addendum are deiailed below and on the attachment io this Add�ndum and shall also be incorporated into and made part of the Agreement. CSP Number CSP # 3995 02-TX-65036 Additional Ser'c�ices: (Lzst additiortul serr�ices to be prouided h.ere, j Supplement to Ple:xar Custom Service A�reement VI. D. Notwithstandin� the above, �erminatiion liabilitv wzll not a�pplv to Customer disconnectaons occurrin� due to Customer's up�rade to voice over IP technolo�v services {consistin� of routers, switches and IP sets alon� with txanspart] offered bv SWBT or its afflia�es, so lon� as Customer corrimits to a contract term for the �ransport portaon of such new services equal o� �reater to the months remaiinin� hcr�under., and service auantities �reater or eQuivalen� �o those ordered under the A�reement. In all other respects, the A�reement is reaffirmed and the narti�s' authorized representatives authorize this Amendrn�nt. For: �if��l �'ort Wartk�� TX B�: 1 �� -�� .��t... Narne: ' �f% ,�_.. Title: �� D�te: .. i ,�1r_�. E For: By: Name: 'I`itle: D ate I'� � {! f�i.7� 1�tiV]/��191't�,��l• - _ r s � ..�� ity A#t �t{ G��'' �= SOUTHWESTERN BELL TELEPHONE, L.P. By its General Partner S TEXAS LC '�WQ,. s� ��1 i�+��✓ ',�/ t , J o � �.� Attachment - SW-4325C, Page(s) :�I��O'��G�� '�� . ��,� r r�,-�r��n nhn E P } AF'FIDAVIT OF Citv of Fort VL�orth Customer 3rame STATE OF TEXAS: COUNTY Ok' Tarrant B�fore me, the Undersigned Authority, on this 9 day of April, 2003, personally appeared who, upon being duly sworn, states the following: � was aware of the possibility of purchasing from other providers the services I purchased from SOUTHWESTERN BELL TELEPHONE, L.P., By its General Partnex, SWBT TEXAS, LLC, in the contract dated 04/09/2003. , � — ,�-� A , _ --�� r � �1 � Si�r,d Name .� - . Typed ar Printed Name Citv of Fort Worth itepresentative of: Company Name Sworn and subscribed before me this the [�-1� day of �'i � ,�('j4� . month year �.,�...:.�..�,+.,.�.y�_..�..:�.r...�....._..........,.,..�� • J;� �1,�Y RO�ALD R. GaNZRl.�S ; r � �.�� p�t�� ic Notaiy Publi in d far the ' � � ¢ $'��T� B� �� ; State o Texas � � ��`�� MYCo�. ExP. 0�I77I a. . . .., , . e, , � ��4' : . .,. ,� � . . ..�� . .. .w ., .,�, My Commission expires on: ��p V�� e E��fl {�t�� L�Cu4L1Tr�: � . �'+�� s_E y oatt n ^ �� -✓� UU�v4l! -:�� i:4. v .YY4� ��11� r,r� ,^ ^-,ncs� 11�� I ~� lr (''� }�i � ! i', 1�� }`y� `��n � ` A�tachment to Addendum SW-4325C �� $C111��1WE.'5��'�7 �i�� STAND�RD PURCHASE TERMS AND CONDITIONS DEPARTMENT OF FINANCE, PURCHASING DIV�SION CITY OF FORT '�V�RTH, TEXAS 1. PROHIB��N AGAINST PERSONAL II�TTERE�T IlV CONTRACTS - Na oificer or eznployee of city sha11 have a financial interest, direct or ind�-ect, in any contract wiih city or be financially interested, directly or indi.rectly, in the sale to city of any land, materials, supplies or services, except an behalf of City as an afficer or employee. Any willfi�l violation of tY�is seciion shall constitute malfeasance in office, and a,�y offieer or employee found guilty thereaf shall ihereby farfeit his office or pasition. Any violation of this sectian with the knowledge, expressed or implied, of the person or corporation contracting with t11e City Council shall render the contract involved by the City Manager or the City Council. (Chapter XXV�TI, Section 16, City of Fort Worth Charter) 2. SELLER TO PACKAGE GOODS - Seller will package goods in accordance with good commercial prac�ice. Each shipping container, shall be clearly and permanently rnarked as follows, (a} �eller's name and address: (b) Consignee's name, address and purchase order or purchase change arder �urnber; (c) Container number and total number af container, e,g., box 1 of 4 boxes; and {d) Number af the container bearing the packing slip. S�ller shall bear cost of pacIcaging unless otherwise provided. Goods sha11 be suitably packed to secure lowest transportation costs and ta conform ta requi�ements of common carriers and any applicable specifications. Buyez''s couni or weight shall be final and conclusive an ship�nents not accoxanpa�ued by packing lists. 3. SHIPMENT UNDER RESERVATION PROHIBITED - Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 4. TITLE AND RISK OF LOSS - The title and risk of loss of the goods shall not pass ta buyer until buyex actually receives and takes possessian of th� gaods at the point or points of delivery after inspectiion and acceptance of the goods. 5. DELIVERY TERMS �ND TR.ANSPORTATYON CHA.RGE� - F.O.B. Destination and Freigh.t Prepaid unless delivery terms are specifzed othervcrise in Seller's bid; buyer agrees to reimburse Seller for transportation. co�ts in the amount s�eciiied in Seller's bid ar actual casts, whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goads. 5. PLACE OF DELNERY - The place af delivery shail be the set forth in the block of the purchase arder flx purchase change order entitled "Ship to". ��. '�OL��1VIf��s��'I'� �� 7. RIGHT OF INSPECTION - Buyer shall have the right io inspect the goods upon deliver before accepting them. Seller shall be responsible foar all charges for the refurn to Seller aiany goods rejeated as being nonconforn�ing under the speci�cations. 8. INNVOICES - a. Seller shall �ubmit separate invoices in duplicate, on each purchase ort�er or purchase change order after each deliver. Invoices shall indicate the purchase order or purchase change arder nurnber. Invoices shall be itemized and transportation charges, if any, sha11 b� listed separateIy. A copy of the bill of lading and the freight waybill, when applicable, shvuld be aitached to the invoice. Mail to: The City of Forkh Worth, Depat-tment and address as set forth in the block of the purchase order or purchase change order entitled "Ship to". Payment shall not be �rz�.ade until the above instr��ments have been submitted after delivery and acceptance of the good�. b. Do not include Federal Excise, State ar City Sales Tax. The City shall furnish talc exemption certificate. . 9. WARRANTY - PRICE a. The p�:�ice to be paid by Buyer shail be tl�ati conta.ined in �eller's bid which �eller warrants ta be no higher than ,Seller's current pr�ces on orders by others for products of th� lcind and specification caver�d by this agreement for similar quantities under like candiiions and methods of purchase i.n Texas. In the event Seller breaches this warranty, the prices of the items shall be reduced to Seller's current prices on arders by others, or in the alternative upon Buyer's option, Buyer shall have tk�e �igk�t to cancel �his contract without l:iabilxty to Seller �or breach or for S�ll�r's actual expense. b. Seiler warrants that no person or selling agency has bean employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage ar contingent fee, excepting bona fide employees of bona fide established commercial or selling agency is maintained by Seller far the purpose of securing business. For breach or vialatxan of this warraniy, Buyer shall have the, right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel ihis contract without liability and to deduct from the contract price such cominission percent�ge, brokerage or confingen# fee, or othezwise to xecover �Iie full amouni thereo£ 10. PRODUCT VLiARRANTY -�eller shall not limit or exclude any e�press or implied warrantie� and any attem�t to do so shall render this contract void able at the optzon of Buyer. Seller's warrants that the gaods furnished will con�orm to Buyer's specifications, drawings, and descript�ons lis#ed in the bid invitation, and the sample(s) furnished by Seller, if any. In the �vent of a conflict between Buyer's specifications, drawings and descriptions, Buyer's specifications shalI gove�rn. �� QLI��'1VIJ�S��1'1'1 ��.'�� 11. SAFETY WARRANTY - Seller warrants that the product sold ta Buyer shall conform to the standards promulgated by the U.S. Department o:f Labor under the Occupation.al Safety and Health Act (OSHA) af 197a, as amended in the ev�nt tha product do�s not conform to QSHA standards, Buyer may return th� product for correction or replacament at Seller's exp�nse. In �he event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Se11er's expense. Where no correction is or can be made Seller sha.11 refw�.d all monies rec�ived for such goods with thirty {30) days after reque�t is rnade fherefore and confirmed in writing: failure fio do so sk�all canstxtute breach and cause this contract to terminate immediately. 12. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS, COPYRIGHTS OR TR1�DE SECRETS - As part of this contract for sa1e, 5eller agrees to ascertair� whether gaods manufactured in accordance with Buyer's specifications attached to Buyer's invitation to bid will give rise to the rightful claim of any third person by way of infringement ar the like buyer makes no warraniy that the production af goods according to buyer's specification will not give rise to such a claim and in no event shall Buyer be liable to Sellar for indemnifica#ion in the event thai �eller is sued on the grounds of infringement oar the like, ii Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in wr�ting withi� two (2) weeks after the awaxd af this bid, if Buyer does not receive notice and is subsequent�y held liable for infringement of ihe like, Seller will indemnify far all fulI dollar amaunt thereof. If Sell�r in good faith ascertains witl� two (2} weeks after the award of this bid that produc�ian of the goods in accordance with Buyer's specification wi1l results in infringement ar the like this contract shall �e null and void excep� that Buyer will pay Seller the reasonable cos� of lus search as to infring�ment. 13. PR4PRIETARY RIGHTS IND�MNIFICATION - Seiler warrant� that the goods do �f�?j not infringemcnt upon or violate any United States patez�t, capyright, ar 1;rade secret, Seller will defend ai i�'s expense any action against Buyer or Buyer as Iicensee to the extent f�at it is based an a claim that goods used within the scope af the license hereunder infringe a L7nited States patent, copyright or trade secret, and Seller will pay ax�y costs and datnages finally awarded ag�inst Buyer or Buyer a� Licensee in s�ch action r�vhich are attributable to such claim. Should the products become, or in seIler's opinion be like�y to become, the subject of any claim o�infringernent. Seller shall procure for B��er ar Buyer as Licensee the right t� continue using the gaods, replace or modify fhern to make them non-infringing, ar discontinue the license of thern. 14. CANCELLATION - Buyer shall �ave the right to cancel this contract "upvn 30 days notice'" for defauit on all or any part of the und�Iivered portion of this order if Seller breaches any of the tez-nas hereof, including warranties of seller, or itnmediately if seller _ , � �� LJti?W�*��'rl �� files for bankruptcy. Such right af cancellation is in additzo� fo and nat in lieu of any other remedies that Buyer may have in law or equity. 15. TERMINATION - The performance of work under this order may be terminated in whole af in part by Buyer, wi�h ar withaut cause, at any time upon the delivezy to Se�er afa writien "Natxce of Temunation" upan payment. c�f �arift ar coutr�c� eariy termination cli�rges except in the case of ��c�r� ap�pi•�pri��inns ar br��cE� by vendar, specifying t�e ext�nt to which per�'ormance o� work under ihe order is terrninated and the date upon which such termination becomes e�ective , Such right of terminatio� is in addition to and not in lieu of rights of Buyer as set Forth in clause 14, herein. 16. A�SIGNMENT - DELEGATION - No right, interest or obligation af Se11er under tI�is contrac� shall he assigned or delegated without the written agreement of Buyer except to an affiliate. Any atternpted assignment or delegation of �aller sha11 be wholly woid and totally inef%ctive for alI purposes unless made in conformitywith this paragraph. 17. WAIVER - No claim or right arising out of abreach of this contract can be �ischarg�d in whole or in part by a waiver or r�nunciation of the claim ar right unless th� waiver or renunciation is supported by consideration is in writing and is signed by the aggrieved P�Y• 18. MODIFICATIONS - This conlract can be modified or rescinded only by a written agresment signed by both parties. l 9. INTERPRETATION AND PA1zOL EVIDENCE - This writing is intended by the parties as a fmal expression oftheir ag�reement and is intended also as a camplete and exclusive statement ai fhe terms of �heir agreement. No course af prior deali.ngs between the parties and no usage of trade shall be reievant to supplement or explain any terrn used in ihis agraement. Acceptance of or acquiescence in a course of perfortnance under ihis a,greement shall not be relevan� �o determine the meaning of �his agreement even thought the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code shall con#rol. 20. APPLICABLE LAW - This agreement shall be governed by the Uniform ComYnercial Code. Whe�ever the tierm "Uniform Commercial Code" is used, it shall be construed as meaning ihe Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue far any litigation arising fram this contract shall be e�clusively in Fort Worth, Tar�rant County, Texas. Th.is contaract shall be governed construed and enforced by the laws of the State of Texas. 21. INDEPENDENT CONTRACTOR - Sellex 5ha11 operate hereu�zder as an independent contractor and not as an officer, agant, s�rvant or ernployee of Buy�r. Sell�r shall have �� 11��1W�.'5��1`i"1 ��'�� exclusive control of, and the exclusive right to cantrol, the detai�s a�its operations hereunder, and all persons perfarnung same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and su�-cont�ractors. The doctrin� of respondent superior shall no� apply as between Buyer a�d Seller, its officers, agents, emplayees, contractors and subcontractors. Nathing herein shall be consirued as creating a partner ship oz' jaint enterprise between Buyer and S�ller, its officers, agents, employees, contractars and subcontractors. 22. INDEMNg'ICATION - Seller covenants and agrees to, and does herelay, indernnify and hold harn�less and defend Buyer, its officers and employees, frarn and against any and all suits ar cla.ims far darnages or injuries, including death, to any and all persons or tangi�l� �roperty, whether real or asserted, arising out of pr in cannection with any negligent act or omissian on the pat� of the seller, its ofFcers, agents, servants, employees or subcantractors, and Seller does hereby assume all liability and respansibility for irijuries, claims or suits for damages to persons or tangible property, of whatsoever kind or charactex, whetlier real or asserted, occurring during ar arising out of the performance of this coniract as a result af any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors. 23. SEVER.A�ILITY - In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any' respect, such invalidity, illegality or unenforceability shall not affect any ofher provisian of this agreement, which agreement shall be construed as if such invalid, illegal ar unenforceable provision had never been contained herein. 24. FISCAL FUNDING LIMITATION - In ihe event no fund� or insufficient funds are appxopriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for payments due under this coniract, then Buyer will immediately notify Seller of such occurrence and this contract sha11 be terminated on the lasi day oi the �iscal period for which appropriations were received without penalty or expens� to Buyer of any kind whatsoever, except to the portx�ns af annual payments herein agreed upon for which funds sha11 have been appropriated and budgeted or are otherwise available. 2S. N�TICES TO PARTIES - Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered at the tirne sam� is deposited in the Unifed States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Forth Worth, P.O. Bax 17027 Fort VVorth, Texas 76102, and notice to Seller shall be conclus�vely determined io hav� beeri delivered at the time same is deposited in the United States mail, in a sealed en�elope with �ufficient postag� attached, addressed to the address given by Seller ua its response to Buyer's in�itation to bid. � �� t�thvu�s��rr� ��I 26. DEFIN�ITION OF SUYk;R - The City of Fort VVorth, its officers, agents, servants, employees, contractors a�nd subcontractors who aci on hehalf of various City departrnents, bodies or agencies. 27. NON DISCRINIINATI�N - This contract is rnade and entered into with reference specifically to Chapter 17, Article III, Divisian 3{"Employment Practices"}, of the Ciiy Code af the Gity oiFort Worth (198b), as amended, and Seller hereby covena�ts and agre�s tbat 5e11er, its employees, off cers, agents, contractors or subcon�ractors, have fiilly co�nplied with all provisions of same and that n.a e�nployee, participant, agplicant, contrac�or or subcontracior has been discriminated against accarding io the terms of such Ordinance by Seller, its employees, off'icers, agents, cantractor or subcontractors herein. 28. RIGHT TO �iUDIT - Vendor agrees that the City shall, until the expiration of three (3) years after final payment under this Purchase Order, ha�e access ta and the right ia examine any directly perkinent books, docurnents, papers and recards of the Vendor involving transactions relating ta this Purchase Order. Vendor agrees that the City sha11 have access, during narmal working haurs, to all nece�sary Vendor facilities, a�ad shall be provided adequate and appropriate work space, in ardar to conduct audifs in compliance with t he provisions of this section. The City shall give Vandor reasonable advance notice of intended audit�. 29. DISABILITY - Tn accordance wiih the provision� of the Americans With Disabilities Act of 1990 (ADA}, contractor/Se�Ier wa�rrants that it and any and all of its subcontrac�ors wzll not unlawfully discrirninate on the basis of disability in the prov�sion af servic�s to general public, nor in the availability, t�rms and/or conditi.ons a�' employment far applicants for employment with, or emplayees of ContractorlSeller or any of its subcontractors. ContxactarlSeller warrants it vvill fully camply with ADA's provisioxas and any other applicabl� federal, state and local laws concerning disability a�ad will def�nd, indemnify and hold City harmless against any claims ar allegations asserted by third parties or subcontractars against City arising out of Cantractor'slSeller`s and/or its subcontractor's alleged failure to comply with the abovE�referenced law� concerning disahility diserimination in the performance of this agreernent. C�'i�� Customer Ci�v of Fort Wort� Type of 5erviee: Pfexar Custom Cutaver Capacity Quantity Quanfity 60 SO 24 30 58 75 USOC Code Tefephor�e N�mber: 8�7-871-604a Description Unit Non-Recur�ing Charges Wedqewood - Basic Sta-Plexar SFiWCF 4140 Col�mbus Trail SHWCF 5043 Grandbury Rd 36.00 36.00 $,73 8.73 Westland- Basic Sta- Plexar SHWCF 3525 MarQuita Dr 75.00 SHWCF 7917 Hwv 80 W( Gountv Took over) __ lnitiaf installa�on dfscount rate: NA - Ta �e used ir� determining the presenf warth of Termination Liabiliiy pursuant to Paragraph VI of the Agreement. - Ta be �sed in determining the Annuity Factorfor Deferraf ofi init�al installatian andlar non-recurring charges pursuant to Paragraph V o�the Agreement. Customer Elec�s ta defer tf�e following amount of Instalfaiion and IVon-Recurring charges over the Plexar-Custom Contract Period $ NA Plan Effective Date: 04109l03 Plan Expiration Date: 041D8ID3 8.73 a Tataf Fixed Rate This addendum may be reissued, as requ�ed, to reflect service andlor equipment changes ordered by the r�[rnner. 'F�' i � ��e3 Customer` Authorized Date AP�R{?� T�"rQR9V� A�� E��T�': ti 1 � � /�4�y att a ..�. .. . . . . . � Page 1 of 10 Date Issued:1211912002 Service Order I�umber: Unit Total Service Service Cannectian Connection Unit & Non-Recurring Charges Fixed Rate Charges PLIEX,4R-CUS�0�1 SE�I�OCG ARI�ANG��-0�NT Services Cav��d f � ..y, _ - � Z'�ust r Signature �� SOUTN ESTERN BELL TELEPHO�fE, L.P. y i s General Partner, SWBT TEXAS, LLC SW4325C Revised 3-D2 (��,� V southrnre�te.�¢a 8�� Customer Citv of Fort Wor�h Type of Service: P[exar Custom Telephone Number: 817-871-6000 Cutover Capacity L�SOC Code Description Quantity Quantity Edison - BasEc Ska-Piexar 26 � �40 SHWCF 100 E 15th St 122 155 SHWGF 1000 Caivert Street 18 30 SHWCF 1 Q00 Cherry St 12T 8 ��22 SHWCF � 000 Throckmartan St 38 50 S�IWCF 1000 W. Maqnolia Av TO 17 SHWCF 10�3 Chem Street 147 2a4 SNWCF 1111 Houston Street Inifiial installafion discount rate: NA - To be used in determining the present worth of Terminatfan Liability pursuant to Paragraph Vf of the Agreement. - To be used in determining fhe Annuity Factar for Deferral of initial installa6on andlor non-recurring charges pursuant to Paragraph V of the Agreement, Customer Elec#s to de%r the follawing amount of insiallatian and Non-Recurring charges over the Plexar-Gustom Contract Period $ NA Plar� �ffec6ve �ate: 04/49/03 Plan Expiratian bate: 441Q8104 IPLIEXAR-CUST011n S�IiVICE ARRp►��IIE�B� S�Qvices Codere� Page 2 of 10 Date [ss�ed:1211912002 Service Orcfer Number. 3995, 02-TX-65036 Unit Unif Serv3ce Non-Rec�rri�g Cannection Ci�arges Gf�arges 47.00 47.DD 47.00 47.00 47.00 47.00 47.OD Unit Fixed Rate Total Service Connection & Non-Recu�ing Charges Tata1 Fixed Rate 8.73 8.13 8.73 8.73 8.73 8.73 8.73 This addendum may be reissued, as req,aired, to reflect service andlor equipment c�anges ordered by the c�a�omer. ' , , ' r � D, e �� a Cus Signa�ure ��Lti �o � �� Custome rAuthorized SOUTH STER�[ BELL T�LEPHONE, L.P. Date eneral Partner, SWBT TEXAS, LLC AP � 0 �0 � � LEC�ALlT�': - �� Ir 3 G tt ..�. � �Y _ . SW4325C Revised 3-02 ��►�� uahwesterrt �teil Customer Citv of �ort Worth Type of Service: Plexar Custom Telephone Num�er. 817-871-6000 Cutaver Capacify USOC Code Description Qua�tity Quantify 31 45 SHWCF 1130 Fournier 8 13 SFIWCF 13D1 E l�orth Side Dr 199 227 SF�WCF �519 11 Ave 294 375 SHWCF 1800 Universitv Dr 5 9 SHWCF 2901 Crestline � 30 SHWCF 5QQ W. 3 St. 15 25 SMWCF 3220 Botanic Garclen Bfvd 24 40 SMWCF 3401 W Lancasfer Initial installation discount rate: NA - To be used in determining the present worth of Termination Liability pursuant to Paragraph VI of the Agreement. - To be used in determir�ing #he Annuity Factor far De#erral of initial ins#aliation andlor no�-recurring charges pursuant#o Paragraph V of the Agreement. Customer E{ects to defer the following amount of lnstalla6on and �kon-Recurring charges over tha Plsxar-Custom Cantract Period $ NA Plan Effective Date: 041�912003 Plan Expiration Da�e: 04108I20�4 P�.�XAR-C�ST��N S�R11QC� AIRRA�!�EMl��I� $�YI��C�S �d►l�i�C� Page 3 of 10 Date Issued: �2119102 Service Order Num6er: 3995, 02-TX 65036 Unit Unit Service Non-Recurring Connect�on Charges Charges 47.�0 47.00 47.00 47.00 47.Oa 47.00 47.OQ 47.0� Total Service Connection tJnit & Nan-Recur�ng Fixed Rate Charges Tota� Fixed Rate $.73 8.73 8.73 8.73 8.73 8.73 8.73 8.73 This addentlum may be reissued, as requi{ed, fo reflect service andlor equipment changes ordered by the cust�r � r . D��. '�I,� �a3 Custamef Authorized Date APP Q � �55 � LEGAl.ITIf• • f � �� 3 .�i y,�tta . .. _ Rda�e � ' �usto Signat�re , SbUTHW STERN BELLTELEPHONE, L.P. its G ra[ Partner, SWBT TEXAS, LLC SW4325C Revised 3-Q2 ��'1 Sat�owesLer� [�3e1! Customer Cifiv of Fort Warth Type of Service: Plexar Custom Tele�hone (�umber. 817-871-6000 Unit Unit Service Non-Recu�ring Connectian Charges Ci�arges Cutover Capacity USDC Cade Descripfion Quantity Quantity 85 120 SHWCF 3409 F�arley Ave 27 45 SHWCF 500 E 1 st Street 8 �5 SFiWCF 600 Conaress St 24 �0 SHWCF 700 W Rosedale St 39 40 SHWCF 711 Houston 35 4fi SHWCF 795 Texas 5t 55 50 SHWCF 901 Tavlar St 10 20 SHWCF 959 E Rose�ale 5# [nitial installation discount rate: NA - To be used in determ9ning the presentworth of Termination Liability pursuani to Paragraph Vi of the Agreement. - To be us�d in determining the Annuify Factor for Deferrai of initial installation a�dlor non-recurfing charges pursuant fo Paragraph V of the Agreement. Custamer Elects to defer the following amount af {ns�allation and Non-Rec�mng charges over � i�e Plexar-Cus#om Contract Period $1VA Plan Effecfive Date: 04/0912003 Plan �xpiration Rate: 44/08/2004 47.00 47.00 47.00 47.00 �47A0 47.00 47.00 47.00 I��E�AR C�JST�I� S�1R111CIE A}Z��1GE�IIE�1T� $�'#M�C�S COVeI'BG� Page 4 of 10 Date Issued:1211912002 Service Order Number: 3995, 02-TX-65Q36 Total Service Connection Unit & I�on-Recumng Fixed Raie Charges 8.73 8.73 8.73 8.73 8.73 8.73 8.73 8.73 � Totaf Fixed Rate This addendum may be reissued, as required •�cvre8ect service andlar equipment changes ordered by Fhe cusfamer — " , � y �. � f � te �� er Signature �� c � . Customer Authonzed STERN BELL TELEPHON�, L.P. Date By iis Genetal Partner, SWBT TEXAS, LLC SW4325C Revised 3-42 �'P ` s� � � �`� LE�4l.iT�: . �� ti}r �tta . _ a7.a€e e U3 �� So�ste�re �!! Customer Citv of Fort Worth Type of Service: Plexar Custom Cutover Quantity 1 1 1 Capacity Quantify 30 30 30 USOC Gode Telephane Nur�ber: 817-87�-fi000 Unit CJnit Service Description I�on-Recurring Connectio C�arges Charges SHWCF 20�615 Av SHWCF 900 Monroe St SHWC� 908 Monroe 5t {nitial installation discount rate: NA -�o be used in determining the presentworth af Termination Liabilify pursuanf to Paragraph VI of the Agreemenf. - To be used in determin9ng the Annui[y Factor for Deferral of initial instal[ation andlor non-recu�ing charges pursuan# ta Paragraph V of the Agreement. Custamer Elects to defer the following amount of fnstalla6on and Non-Recurring charges aver ti�e Plexar-Custam Contract Period $ NA Plan Effective �ate: 04109120fl3 Plan Expiration �ate: 0410812�04 This addendum may be reissued, as req�i�ed, to reflect service andlor equipment changes ordered by the custDrher. . ; r ' � _ �� q�te � � �Cus r Signature '�/��! a '� Cusfomer Authorized SOUTH STERN BELL TELEPNONE, L.P. Date By its General Partner, SWBT TEXAS, LLC SW4325C Revised 3-02 ��P D 3 ' � �J��1r'.' � �,�ty AE „ s _ te 47.QQ 47.Q0 pLIE)(AFt�C�D5�0�1 SERVICE ARFiANGIEI�ENT S�PIlIC�S �011G�'Ld . Page 5 of 90 Date Issued:12Jfi9120�2 Service Order Number: 3995, 02-TX-65036 Tofal Service Cannection n Unit & Non-Recurring Fixed Rate Charges 8.73 8.73 8.73 m Total Fixed Rate �� C�°�� ,��,�� ,a Customer Ciiv of Fart Worth Type of Service: Plexar Custom C�tover Capaciiy Quantity Q�antity 2 16 65 6 5 28 90 13 USOC Code Telephone Number: 817-871-600D Description GLENDALE - Basic Sta-Plexar SHWCF' 3301 Stalcua Rd SHWCF 5565 Truman Dr SHWCF 5650 E Lancasier Ave SHWCF 6301 Bridge St JE�FERSON Basic-Sta-Plexar 56 75 SHWCF 11 �0 Nashville 3 7 SHWCF 2525 Joe B Rushin� Rd Initial installation discount rate: �!A - To be used in determining the present wortti of Termination Liability pursuan# to Paragraph VI of fhe Agreement. � - To be used in determining the Annuiry Factor for Deferraf of inifiai installation andlor non-recurring charges pursuant to Paragraph V o# #he Agreemenf. Customer Elects to defer the following amount of lnstallation and Non-Recurring charges over the Plexar-Custom Contract Per{od $ NA Plan EfFective Date: 04109I2003 Pla� Expiration Date: 04I0812004 ��E�►IR-CUS��I SIERVICIE AR�GIE�IEN� Se�oces Coder�d Page fi of 10 Date Iss�ed:1219 912002 Service Order Number: 3995, Q2-TX-65036 unit Unit Service Non-Recurring Connection Charges Charges 36.OD 36.00 36.00 36.00 36.00 36.00 iJnit Fixed Rate Tota[ 5ervice Connection & I�on-Recurring Charges Tatal Fixed Rate 8.73 8.73 8.73 8.73 8.73 8.73 Ti�is addendum may be reissue�, a� requirec�.to reffect service andlor equipment changes ordered by �ia custaa�o � _. � . . � - � Date ��_ Y rSignaturs �./E. �n 3 / � �..�- Gustomer Authorized SOi1TH STERN BELL TELEPHONE, L.P. Date s eneral Part�e�, SVtiBT TEXAS, LLC SW�325C Revised 3-02 �' P� r�'�' �� a��E�.i�': � _ 1e PI � 4iryl�} ��F � �� Sc�sutta+r,r�ste� �e�o Customer Citv of Fort Wor#h Type of Ser►rice; �lexar Custom Cuiaver Capac9ty Quantity . Quantity 16 20 9 �5 28 40 USOC Cade Tefe�hone Number: 817-871-6000 �escriptiion Uni# Nan-Recurring Charges 36.00 SHWCF 4204 Mi[ler KENNEDALE Basic Sta-Plexar SNWCF 4900 Ma�in St SHWC�' 5000 MarEin Lui�er Kinq Frwv MARKET Basic Sta-Piexar 93 2Q SHWCF 185i Harrinator� Ave. 27 4p SHWCF 2100 N Main St 13 25 SHWCF 2500 Brennan Av Initial installation discaunt rate: NA - 7'o be used in de#ermining the present worth of Termination �iability pursuant to Paragraph VI of the Agreement. - To be used in determining the Annuity Factor for Deferral af initiaf instahation andlor non-rec�rring charg�s pursuant to Paragraph V of the Agreement Customer Elects ta defer the following amount of Installation and Non-Recurring charges over the Pkexar-Custom Contract Period $ NA Plan Effective Date: 04/09/03 Plan Expiration Date: 04108104 36.00 36.00 47.OQ 47.00 47.00 IP�EXAR•C4�S�0� SER111CIE AR�4RNGfEM�NT $�i1I1CG'S �ONLQ'�d Page 7 of 10 Date � lssued:1211912D�2 Service Order Number: 3995, 02-TX 65036 Unit Total Service Service Connection Connection Unft & Nan-Recumng Charges Fixed Rate Gf�arges 8.73 8.73 8.73 8.73 8.73 8.73 Total Fnced Rate This addendum may be reissued, as re�ui�ed, ta reflect service andlor equipment changes ordered b� the cus�t�ner. _ r � - -- . �/��te � �� usto ignature �3 Customer Authorized SOUTH SiERN BELL TELEPHONE, L.P. Date eral Partner, SWBT T�XAS, LLC SW4325C Revised 3-D2 �.� ':�'� �� '� �� ' �� €.��,.4i.�'�'�: I w yF� �i�ytA�t a � �3� ��l�J SQ�weskern Re�� C�stomer Citv of Fort Wo�th Type of Service: Plexar Custom Cutover Quantity 43 5 35 33 1 Gapacity Quantity 65 15 45 i37 �a USOC Code Telephone Number. 817-871-600Q Descnption SHWCF 2500 N Houston SHWCF 2950 Roos�veit Ave SHWCF 3457 �ecaturAve S�IWCF 4209 N Main SHWCF 17D0 Bre�nan Av PERSHING Basic Sta-Plexar SHWCF 4001 Library Lane 95 3a SHWCF 4900 Horne St Initial installation disoaunt rate: �[A - To be used in determining fhe presenf worth of Ter�nination Liability pursuant to Paragraph Vl of the Agreement. - To be used in deteRnining the Annuity Factorfor Deferral of ir�itial installation andlor non-recurring charges pursua�t ta Paragraph V of the Agreement. Customer Elects to defer the follawing amount of lnstallatian and Non-Recur�ng charges over the Plexar-C�stnm Contract Periad $ NA Plan Effective Date: 04I019I2043 Pian Expiration Date: 041Q812004 Unit Non-Recu�ing Charges 47.00 47.00 47.00 47A0 47,00 c. �� c. �� Unit Se�viee Connectio C�arges �'�EXAI�-C4�ST�V� SER11aC1E AI�IIRA►►C+Ci�EMENT S�P1�IC�S �01/�P'G'd Page 8 of 10 Daie ` lssued: 12/19/2002 Service Order Number. 3995, D2-TX fi5036 Total Servic� Connection n Unit & Nan-Recumng Fixed Rate Charges 8.73 8.73 8.73 8.73 8.73 8.73 8.73 � iotal Fixed Rate This addendum may be reissued, as re�uir�, to refleci service andlor equipment ch�nges ardered by the cus�. � � .� — � Da e � r Signature �' i o? Cus omer P,uthorized SOUT ESTERN BELL TELEPHONE, L.P. Date y i General Partner, SWBT TEXAS, LLC SW4325C � AP �0`��. � Q �,� �.��,�: Rev�sed 3-02 � � �-�-_ • . „ .,..... 41 �� $3 N. << I �':��;1 �S$Q �� s�,v�te�� io Customer Citv of Fort Worth Type of Service: Plexar Custom Cutover Capacity Quanti#y Quan#ity 9 15 6 12 46 75 USOC Code SHWC� SHWCF SHWCF Telephane Number: 817-871-60pp Qescription 3220 Rock 5prina Rd TERMINAL Basic Sta-Plexar 201 S Svlvania Av 3049 Race St WALNUT Basic Sta-Plexar 10 375 SHWC� 1700 FiaminQo �r 10 26 SHWCF 3551 New York Ave Initial installation discount rate: NA - To be used in determining the presen� worth of ierminaiion Liability pursua�t to Paragraph VI of t�a Agreeme�t, - Ta be used in tletermining the Annuity Factor for De#erral of initial insiallation andlor non-recurring ciiarges pursuant ta Paragraph V of the Agreemer�t. Cus#omer Elects to defer the foilowing amaunt of Instaliatian and Nan-Recurring charges over the Plexar-Custom Contract Period $ �lA Plan EfiFective Date: 0410912043 Plan Expiration Date: 04I0812004 Unit Non-Recurcing Charges 36.04 47.00 47.Da 36.00 36.0� 8.73 8.73 $.73 8.73 Total Fixed Rate This addendum may be reEssued, as req�ired, #o reflect service andlor equipment changes ordered by the custd�r. ` . ; , _ � �_� � �a • f—. _ _ , .- � � C�ate " '�ds r Signature �1��/0� - Gustom�rAuihorized SOUiH ESTERN BELLT�LEPHO�EE, L.P. Date eneral Partner, SWBT TEXAS, I.LC SW4325C � �- Revised 3-02 P��XA�-C4�STOi� SIERIIQ�IE AIRRA�I�E�IIE�ll�' Se[��c�s �odere�l _ _ Page 9 of 1 Q Date � Issued:1211912D02 Service Order Number. 3995, a2-TX-65036 Unit Tatal Service Seroice Connectian Connection Uni# & I�on-Recuning Charges Fixed Rate Charges 8.73 f-�3` il1 F YJ'i'�c7 �a0'Si d�1f S�i��. p �`, �� Jj O� �� a�� a� �� So�otkowes�tee�+� IBe�O Customer Citv of Fori Worth Type of Service: Piexar Custom Cutover Quan�i#y 190 4 Capacity Quantity 216 8 I�SOC Cade SHWCF SHWCF Tele�hane Number: 817-871-6000 Description 420D South Frwv 5201 James Ave Initiai ins#allation dEscaunt rafe: NA - Ta be used in determining the presenf worth af Termination Liabi[ity pursuant to Paragraph VI af the Agreement. - To be used in determining the Annuity Factor for �eferral of initial installation andlar non-recurring charges pursuani ta Paragraph V of the Agreement. Cusfamer Elects to defer the folfowing amount of Installation and Non-Recu�ing charges over the Plexar-Custom Contract Period $ NA Unit Service Connectio Charges P�IEXi4R-CUS�'�� lR1�aCl� AGtR�41�4s'��I�� S�rVIC�S C01l�i'E:i� _ Page 7 D of 10 Date � Issued:1211912002 Service Order Number: 3995, 02-TX-fi5036 fotal Service Connection n Unit & Non-Recumng Fixed Rate Charges 8.73 $.73 Total Fixed Rate This addendum may be reissued, as require�; to reflect service �ndlor equipment changes ordered by the custo� •� .'f Plan Effecbve Date: 04/49/2003 �, � _- � _ � - _ � � - ' ! ' �te Cu ignature Plan �xpiration Qate: 04/08/2004 �"/'` �o� Custom�r Autharized SOIJTHW T�RN BELL TELEPHONE, L.P. �ate eral Partrier, SWBT T�XAS, LLC �� ,�;��'; SW4325C � � �� Revised 3-02 :��y,�� ', �a�� Unit Non-Recumng Charges 36.00 36.pa �`ity o,frFort Worih9 T'exas �►�� .�� nc;Q ��n�►n��n;�a��ar� DAi� R��F2ENC� NUMBER I LOG NAME 4181U3 ��7� i oo�z-a�ss PAGE 9 of 2 su�.��cr CONTRACT SERVICES FOR �4GA� TELEPHONE SERVICE WITH �3U1"MINEST�E�h� B�LL �pNI�u1��l.�A�T[0��, (5BC) FOR THE INFORMATION `� ECHNOLOGY SOLUTIONS DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Confirm the purchas� of Cusfom �Plexar Service for the City of Fort Worth'� local iefep�one service from Southwestern Bel[ Communications {SBC) �rom Jun� 24, 2002, to April 8, 2003 in the amour�t of $711,272.09; and 2. Autt�orize a purchase a�reement for a 12-monfh cantraet for Custom Plexar Service for the City of FQft WOftFI's lacal ielephone service based on the propasal by 5BC to pro�ide this service �n the amounf of $895,863.8D; and 3. Authorize this purchase agreement to begin April 9, 20�3, and expire April S, 2Q04, wi#h the Cify's op�ion ta renew for #wo additional one-year periocfs. DISCUSSION: The City's contract with SBC #or Eocal telephone s�ruices expired June 23, 20D2. The Ir�formaiion Technolvgy Solutions Department did not acquire a new contract ai that time, however, SBC agreed ta extend ihe confract rates on a manth-by-month basis until a new con#ract was in place. In December 2002, a Request for Proposal (RFPy was advertis�d for local telephone service. The proposal speci�ed that loca� telephone service included ser►r�ce to all City of Fort Worth locations, regardless af geographical locatian ar telephone company boundari�s. Additionally, the request r�quired solu#ions that preserved ar impro�e� t�e existing level ot ser►iice. The RFPs wer� evaluated by staff using the follawing faur major crfteria: Base Proposal, Vendar Financial �ata, Customer�Service, a�d Pricing. After at�alysis of the two responses, SBC's proposal was selected. Based on the proposal sUbmitted by SBC, the City's rates wauld r�at change from tf�e current rate. At the time the bid was su�mitied, the City had 3,763 Plexar lines in service. The monthly line charge for Plexar 5ervice is $8.73 per line. Included in the annual charges are �he Plexar trunk cF�arges, which are estimated to the $19,975.aQ per month. Additianally, each line is charged an estimated $5.80 for regulafory fees mandated by the Public Utility Commission. We expect fhat the totaf number of Plexar [ir�es wili diminish due to the City's p�an to con�ert aur lines to a new PBX system. SBC d�es not require a minimum number of Plexar lines to be use in order for the City to maintain the rate of $8.73. Therefore, we expect the annual cost of Plexar to be reduced over fime as we implement more PBX lines #hroughout the City. �'ity o, f �'ort i�orth9 T'ex�s a�� r�r� ��r��l ��a� DATE REFERENCE NUMB�R LOG NAME PAGE � 4I8/03 ��77� 0002-0285 2 of � su�J�c`r CONTRACT SERViCES F4R LOCAL TELEPHONE SERVECE WITH S�IJTHWESTERN BELL COMMUN�CATIONS (SBC) FOR THE INFORMATiON TECHNOLOGY SOLUTIONS DEPARTMENT BID ADVERTISEMENT - The RFP was ad�ertised in the Commercia� Recorder on November 20 and 27, 20D2. The Purchasing Division solicEted all major suppiiers of local telephone service; two respanses were received. BID TABULATION - The annual cost of service was calculatec� based on the month[y cost of service as submitted in the propasals. SBC 1 year at $633,959.�0 per year 2 years at $633,959.00 per year 3 years at $633,959.�0 per year XO Communications 1 year at $950,949.aQ per year 2 years at $894,900.04 per year 3 years at $838,851.4a per year MIWBE - A wai�er of the goal for MIWBE sUbcor�tracting requiremer�ts was reyuested by the Purchasing Division and approved by the MIWBE Office because the purchase of services is from sources where subcontracting or supplier appQrtunities are negligible. RENEWAL OPTIDNS - This agreemen# may be renew�d for up ta two successi�e one-year terms at � ihe Ci#y's o�tion. This actian does �ot require specific City Council appro►ral provide� that ihe City CounCil has appropriated sUfficie�t funds to s�tisfy the Ci�y's obligatians during tf�e renewal t�rm. F15CAL INFORMATEONICERTIFiCATION: The Finance Director certifies that funds are available in the curre�t operating budget, as appropriated, of tF�e Infarma#ian Systems Fund. �.W:r BQN102-0286NWV Submitted �'or City Manager's Of�ce by: Lib6y WaYson Origin�ting Department Head: Jim Keyes Additional Tnformatiop Contact: Rohert Combs � FUND � ACCO[JNT � (to} 1 6183 � � 8517 � (from) P168 535080 8357 CE1�I'I'ER AMOUNT crr�r s�c�rA��r 0046Q10 $633,9a9.00 I � � � I APPROVED Q4/08f03