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Telecommunications Services Div�sion
SERVICE A.�-REE�IEIl1'�'
This service agreement is beiween the Department ai Information
ResourceslT�lecommunications Services Division (DIRITSD) and the Custamer. It is the
intent of f.he parties to comply with the provisions oi Texas Government Code Chapter '�'�1,
Interagency Caoperative Act andlor Chapter '%91 Interlocal Cnopera�ion Act as applicable,
and Title 10, Subti�le D, Chapter �liQ, Telecommunication Services, Texas Gor�ernment
Code.
I. DIRITSD Responsibilities
1.1 DIRITSD agrees to provide Customer w i�h cannectivity througii various transmission
methods to the TEX-AN netwark for speciiic comrriunications services including, but not limited
to, video, voice, rauted data, Tnternet and/or equipment (hereinafter "services"),
1.2 DIRITSD will assist and advise the Customer in determining the hest and most economical
usag� of services.
1.3 DIR/TSD will bill manthly for services as required and respond to inquiries regarding
Cusiomer's bill, DIR/TSD shall commence billing for services as they are provisioned.
II. Customer Responsibilities
2.1 The Custam�r will provic�e Puxchase Orders (PO's) to DIR/TSD, for services, as ordered, whicY� shall
be valid for the entire term af this Service A�reement. Custoiner shall camply wiih ihe DlR rules
applicable to the T�lecommunications Services Division, 1 TAC Chapter 207, as the same may be
amended from tirne to time.
2.2 Customer has the respansibility to cooperate and coardinate with DIR/TSD so as io avoid
delaying DIR/TSD in the provisioning af and billing for ardered services. Specifically, it is the
Cust�me�'s responsibility to designate, in a iimely manner, the type af sereice desired and
provide DIR/TSD with informatian which may effect technical, logistical, engineering, ar
equipment aspects of service delivery. The Customer is exclusively responsible for axxy
equipment added to their premzses for cannectivity to TEXAN services. Cttstamer shall keep
DIl2ITSD prorara�pily informed of its billing coniact, address, tel�phone numbers, Purchase Order
nurnbers, eligibility status and tec�nical contact, and changes to any of the foregoing. Customer
understands and ag�rees that its failure to timely perform its d�ties �uvhich delay DIRITSD in the
delivery of ordered services is not a canditian af Farce Majeure.
2.3 Paymenis will be made in full �ithin 30 days of receipt of an invoice or �voucher prepared by
DIR/TSD. Custamer represents that it possesses sufficient curreilt revenues to satisfy the timely
payment af goods and �ervices provided by DTRITSD hereunder. In a11 evenis, Customer shall
be billed far and shall pay in a timely manner for all serviees actually ordered and r�ceived up
through the effective date of termination of services. Customer shall be respansible for issuing
and maintaining the stat�s of PO's. Custorner agrees it has no rights to setaff against bills
received %'om DIRITSD. Customer's covenant to pay survives termination af this �ervice
Agreement. , _ �. _ _ .
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2.4 Customear is exclusively responsible for the operation and security of its premaise equipment.
Tbe risk oi toll fraud or other unauthprized usa of its premise equipment rests with the Customer.
Custorner accepts this risk and understands that it �all be solely responsible to pay a13 charges,
which may result frorri to11 fraud ar unauthorized use of its premise equipment. Cus�omer hereby
releases and waives any claim it may have novc� or in the future against DIlt/TSD for the payment
of charges arising from to11 fraud ar other unautharized us� on its premise equipment.
2.5 Customer is a qualifi�d entity to recei�e goads and services from DIR/TSD. Services wi11
terminate without liability to DIR/TSD should Customer's eligibility siaius change during the
term of this Service Agreemen#.
III. Term
The terrn of this Service Agreement begins on the date of the last party to sign and is in effact for
the per�od through the end of the state's current �iscal year. The Service Agreement is annually
renewable by the timely issuance of a PO by Custamer, received prior to the end of ihe current
contract term. Tn the event a new PO is not rec�;ived in a timely mannar, ser�ices wiil continue on
a rnonth-ta-month basis until a new Purchase Order is received or terminatian of the Service
Agreement is effected by compliance with Article V. hereof.
IV. Billing
4.1 Under �he new billing systern, scheduled to be operative during the surnmer of 2002,
DIR/TSD's first rnonth's billing for any circuits provisioned wili cor�rnence on the date
provisioning is completed. Far alI bi11s issued under the legacy billing system, the �'irst month's
bill vc+ill be for the entire rrianth regardless of the day of the month provisioning is completed.
a.2 Under the new billing system, scheduled to be operative during the summer of 2002,
DIR/TSD will cease billing circuits on the date diseonnection is camplet�d. Far all bills under
the Iegacy billing system, the last month's billing for cireuits will ha waived regardless of' the
day of the month the disconnect request is completed.
4.3 All ather services shall be billed on an usage basis from the first date of actual service until tk�e
senrice is disconnected.
4.4 In compl�ance with Tit�e I, Ghapter 207, Rule number ZQ7.S, of the Texas Adminisirative Code:
inquiries, corrections, changes or modifications by Custo�ners to the TEX�AN bill must be made in
writu�g to th� DIR/TSD within 60 days oi issuance of bill. Any adjustments to the bill wili be made
in the subsequent billing period. This rule is being revised. Under the new version of the bill, which
should be in effect befor� the end of September of 2002, the custorner's billing dispute tirning and
payment obligations shall track those found in the Prompt Payme�t Act, Chapter 2251, Texas
Govemment Code.
V. Termina�ion anci Amendments
5.1 TSD may pravide notice af intent to terminate this Service Agreement for canvenience by
sending a written statement ta that effect, which shall be recei�ed by Customer no less than ihirty
{30) days prior to ihe Effecti�re Data of termination. TSD may terminate any 5ervice Agreernent
for cause, wifh an immediate Effective Date, by issuing written notice to Customer, upon failure
of G�istomer to make timeiy payment of bi11s.
5.2 A Custonzer may provide notice of intent to tarrninate this Service Agr�ement far
convenienca by sending a written statement to that effect, which shall be received by DIRITSD
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no less than thirty {30)days prior to the Effective Date of termiz�ation. A Customer request to
chang� a service shall not take effect until Customer provides written notice to DIIt/TSD of any
changes ta ordered services. If DIR/TSD does not receive wriiten notification, the Custorner
will cantinue to be billed monthly until �aroper notificatian is received. No written tearminatian
notice shall be effective priar to tha expiration of thirty (30) days after rec�ipt by DIIt/TSD.
5.3 Amendm�nts to this Service Agreement shall only be effective upon exeeution of an
instrument in writing by authorized representatives of DIRITSD and the Customer.
VI. Other Condiiions of Service
6.1 Service rates are subject to change by DIRITSD upon 30-days written notice to Customer,
6.2 No conflicting terms or condifions found in Customer orders or fornls shall become a part of
this Service Agreement.
6.3 If service andlor cornmunicatians projects are canceIed at any time prior to campletion,
Customer shall be responsible for all aetual costs incur�red by DIR/TSD up to #he date a�
cancellation. DIR/T5D will bill �tbe Customer far these co�ts. Custorner's covenant to pay shall
survive the cancellaiion of � project.
6.� DIR/TSD relies on third pariy cantractors for the fulfillment of services contracted for
hereunder. Therefare, DTRJTSD makes no independent warranties or guarantees, e�press or
implied, regarding sai� s�rvices.
6.5 The following terrns have the meaning indicated for purpases af this �ervice Agreement:
"Force Majeure" means tbe parties' performance under this Ser�vice Agreement shall be
adjusted or suspended by mutual agreem�nt to ihe extent performance is beyond the
reasonable cantrol of the parties for reasons including but not iirnited to: strikes, wark
stoppages, fire, water, flood, Iightening, government action, acts of God or publie
enemy, delays of power company, local exchange co�npany, or other carrier. Failure of
Customer to coordinate and cooperate so as ta delay DIR/TSD is not an e�vent of Force
Majeuz'e. In the cvent of Force Majeure, the sole and exclusive rernedy ta the party
sufFering the delay shall be an equivalent extension of the time for performance. The
parties shall document to one another the onset of events of Force Majeure within three
days of their ans�t.
"Provision" and "provisioning" means DIR/TSD has acquired, arranged for or provided at the
Customer's site, the equipment, supplies oz' other items necessary io provide the ozdered
s�:rvice(s}, but does not rnean the actual act(s) of turning up the ordered service(s}.
VII. Customer Service Resources
Customer �ervice Resources may be found at www.texan.state.tx.us. Inquiries regarding this Service
Agreement may be directed to DIR, Support Services Division, at (512) 463-3263.
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Customer �ereby agrees to tlze terms and canditiaras of tliis Service Agreemeixt; represents that
the official executing tlzis Service Agreement is autl�ori�ed to 6ind tlae Customer ta �ts terms;
arzd that Customer has carrapleted all of tts inte�nal processes to make this a bindirzg
undertaking on tlie pa�t of Customer.
' DEPARTMENT O�' INFORMATION
CUSTOMER: ,� [� �� �lJ���
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�`i�y of �o�t T�orth, �'exas
M��or �r�� C�ur�ci[ Car��u�n��a-tior�
bA7E REFEREiVC� NUMBER LOG NAME PAGE
81131(}2 **�-��4� OQ02-0219 I 1 af 2
su���c�r AMEND M&C P-9471 TD AD� ADDITlONAL VENDORS, SERVICES AND
AUTHORIZATION USING THE STATE OF TEXAS COOPERATIVE PURCHASING
PROGRAM FOR THE �NFORMATION TECHNOL�GY SOLUTIONS DEPARTMENT
RECOMMENDATION:
I# is recommended �hat the Cifiy Council:
1. Autharize the City� Manager to amend M&C P-9471 ta add Cornerston� 5ystems, Inc., Capco
Communications, TeleDynamics, Graybar EEectric Campany, Inc., and Muliiplier Indusiries
Carparaiican as additional �endo�s; and
2. Authorize an amendment to the Intergo�ernmental Agreement with the Texas Department of
Informatior� Resources to include the procurement of services; and
3. Authorize an increase in the agreement by $1,075,OaD to procure technology equipment and
services and staffi�g services using the S#a#e of Texas Coo�erati�e Purct�asir�g Program.
DISCUSSE4N:
On �ctober 9, 2001 {M&C P-9471 }, the City Cflu�cil authorized proc�r�ment agreements for
information iechnology eq�aipment and staffing senrices, The authorizatian allows the City to use t�e
Texas Cooperati�e Purchasing Program #f�at incEudes the Qualified Infarmation Systems Vendor {QISV)
procedure of the Texas General Services Cammission and the Texas D�partment o# Information
Resources (DIR) procedure. The twa pragrams satisfy competifive bidding requiremen�s of T�xas
5tate faw. The approved Mayar and Council Communication (M&C) listed four categories vf services,
vendors for each categary and an approved maximum expenditure feve! for each categary. The same
M&C also liste� 46 �endars by category and appra�red a total of $S,OOD,OOfl for exper�ditures.
Subsequently the City Council appror�ed additional vendors (M&Cs P-9482 and P-9558) and raised the
totaE autharizaiion level to $8,fl00,000, The approved vendor listing is fflr purchases af a rautine nature
that already� use appropriated funds from the budgets of the IT 5olutions D�partment or customer
departmer�ts. IT Solutions Department caordinates with the Pu�rchasing Division to make the purchases
as appraved by #he M&C.
In addi#ion to adding �endors tn categories and additior�al authorizatian, this M&C wifl au#harize the
procurement of telacomrnunication services thraugh the DIR procedure. A wide range of
telecommunica#ion services may be procured through the DIR procedure.
The four categories and the cUrrent maximum expenditure le�els, per ihe katest amendment, are as fallaws:
Cateaory
�xpenditu�e
Lease Financing $4,2�O,Q00
Camputer Hardware, Saftware, Peripherals, Parts and Dispasal $1,DQ0,000
Staffing Services $1,500,000
Communications Hardware, Softwa�e peripherals, Parts and Dispasal $1.250.dOQ
Total $�,OOO,OaO
C`ity of �ort Worth, T'exas
Mayor �nd Cau�cii Corr�mur�ica�t�o�
�ATE REFERENCE NIJMBER LOG NAM� PAG�
$��3�02 **p�9sq,� aoaz-az�� z o� 2
SU�J�CT AMEND M&C P-9471 TO A�D ADDiTIONAL VENDORS, SERVICES AND
AUTHORIZATION USING THE STATE OF' TEXAS CODPERATIVE PURCHASING
PROGRAM F�R THE INFORMAT[ON TECHNOLOGY SOLUTlONS DEPARTMENT
A recent Informa� RePort detailed the expe�diture by category, by vendor. TF�e report showed
expendi#ures for each ofi the first ihree quarters af Fiscal Year 20o1�2002. This M&C prop�ses to add
additional vendors and a�thorization as fallaws:
� Leas� Financina
No additiona] vendors ar� needed. The requested additiona{ authorizatian is $250,000 far a total
of $4,504,000.
� Computer Hardware, etc.
The vendo� to add to this category is Carnerstone Systems, Inc. (mainframe services). No
additional expenditure authorization is requested for this category. The authorization level
remains at $1,QDO,QaQ.
� Staffiir�q �ervices
No additional vendors are needed. The requested additional expe�diture author�zatian is
$625,000, for a tatal ofi $2,125,aao.
o Communication Hardware, e�c.
Vendors to add to this category are Texas DIR, Comerstone Systems, Inc., Capco Communications,
Tele�ynam9cs, Graybar Electric Company, Inc., and MultEplier Industries Corporation. The
requested vendors provide communication hardware, parts and commUnication services. The
requested additianal expenditure au#harization is $2Qp,QQO, for a tatal of $1,450,Oa0.
FISCAL. INF4RMAT�ON/CERTIFICATI�N:
The F'inance Director �ertifies that funds are available in t'he current operating budget, as appropriated,
� of tF�e Information Systems Fund.
CB:k
BQN102-0219NVW
Subrnit#ed for City Manager's
Of13cc by:
I FCJND I ACCDUIVT f C�NT�R
� (to)
�
AMOUNT CTTY SECR.ETARY
Charles Boswell
Or[ginating Department Head:
J'im Keyes
David Miller _
Additional Information Contact:
Robert Combs
David Miller
8511 I
�
I I APPROVED 681L3/02
8517 I (fra�n) I
878T P168 141304 0000000 $1,075,000.00 �
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$357 I
8781 I