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HomeMy WebLinkAboutContract 41553-R1J2 0120620--BE:87-cm SECRETARY . ~ AT&T ILEC Intrastate Tariff Network Services Pricing Sch<OONTRACT NO. 4/'5'5'}·}2. l J for Texas HB2128 Eligible Customers at&t Provided Pursuant to Custom Terms ~4lS53 AT&T Agreement Reference No. [UA Only] 138256UA *Note: This document may be used as a Pricing Schedule only if attached to an Agreement referred to internally at AT&T as a UA MSA, UA MA or UA SSTC . AT&T Case Number (for AT&T internal use only): 269041 If applicable , this Pricing Schedule supersedes case # Customer ("Customer") AT&T ("AT&T") City of Fort Worth For purposes of this Pricing Schedule , AT&T means the Service 1000 Throckmorton Provider specifically identified herein . Fort Worth TX 76102 USA Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices ~ Primarv Sales Contact Name : Marilyn Marvin Account Rep Name : Mark McCarty/ Valerie Forbes Title: Senior IT Manager Title: Account Managers Telephone : 817-392-6068 Fax: 817-293-8654 Telephone: 817-884-9463 Fax : 214-761-8164 Email : E-mail : Marilyn.Marvin@fortworthtexas .gov mm8932@att .com 0 Address for notices, if different from above : Street Address : 1116 Houston St, Rm 1307 n 'Tl -'Tl Street Address City : Fort Worth State : TX Zip Code : 76102 :-t ~ 'Tl -City With a copy to: ~ fA (') -State Zip Code AT&T Corp. m ,.. ::0 (') r- USA One AT&T Way, Bedminster, NJ 07921-0752 ... ::0 ::0 Attn : Master Agreement Support Team ::c m m .. !"'I (') E-mail : mast@at t.co m ~ !! 0 AT&T Authorized Agent or Representative Information if aoolicable) D Primary Sales Contact . -..t. :;:: Name : Company Name : Agent Street Address : City: State: Zip Code : Telephone : Fax: Email : Agent Code . This Pricing Schedule is a part of the parties' Agreement referenced above . Customer agrees to purchase Service described in Sections I and II below , in the quantities and according to the prices and terms and conditions set forth in this Pricing Schedule , the Agreement , and in the applicable Tariffs . The Parties acknowledge and agree that this Pricing Schedu le represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT&T business services purchased by Customer. The rates , terms and conditions of this Pricing Schedule are available only to qualifying entities under Texas HB2128 . Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers . Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider. References to "Pricing Schedule" refer to this Pricing Schedule and any attachment attached hereto , and incorporated by reference herein. This Pricing Schedule is effective on the date this Pricing Schedule is last signed ("Effective Date ") and shall remain in full force and effect for the Term of the Pricing Schedule as identified below . L__J Customer hereby acknowledges receipt of the AT&T customer building / s ite preparation document for the fiber-based Service which describes the physical conditions of customer premises that must be made available before Service can be installed . Note : Customer site preparation is a major factor impacting service implementation dates . ~ Above statement does not apply. ------·-·-·------... sw-1869Tx APP ROVED AS TO ilORM AND LE~'f1i>f Texas_HB2128_PS ., / at&t AT&T ILEC Intrastate Tariff Network Services Pricing Schedule for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms Service Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas Order Type: r8] New Install D Renewal of Service Order Information and Term: I. Service: Enhanced Opteman service from 1801 North/South Freeway, Fort Worth TX -to-500 W. 3rd Street, Fort Worth TX . II. Service Location(s): AT&T will install and maintain Service at the quantities and Service location(s) as listed on Attachment 1. Ill. Service Term ("Term" or "Minimum Payment Period"): 36 Months IV. Existing Circuit IO(s) (if applicable): V. Requested Installation Date: VI. Rates and Charges: In accordance with the Terms and Conditions attached hereto and incorporated herein by this reference, AT&T shall provide Service in the quantities and at the locations designated in Attachment 1 at the monthly recurring rates and one-time non-recurring charges designated in Attachment 1. VII. Jurisdiction. Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent (10%) or less of the total traffic on the Service . VIII. Attachments. Attachment 1 for Service Quantities, Locations, Monthly Rate and Non-Recurring Charges is attached hereto and incorporated herein by this reference. VIX. Additional Terms and Conditions: The terms and conditions for Service set forth in this Pricing Schedule are in addition to those contained in the applicable Tariff(s). A. Service Term. For the Service(s) offered under this Pricing Schedule, the Term for all Services shall begin on ("Term Start Date") (1) if this Pricing Schedule is only for "New Install " as checked above , on the date when the first Service at the first Customer Site is installed and available for use by Customer pursuant to this Pricing Schedule, or (2) if this Pricing Schedule is for "Renewal of Service" as checked above , on the Effective Date, and will continue for the Term as listed above . No rates or discounts shall be applied prior to the Term Start Date. Upon the expiration of the Term , no rates or discounts provided under this Pricing Schedule will apply to such Service . This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing Schedule. B. Payments. Payment is due within 30 days after the date of the invoice and must refer to the invoice number. Charges will be quoted and must be paid in the currency specified in the invoice . Restrictive endorsements or other statements on checks are void . Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorney 's fees. AT&T may charge late payment fees as specified in the applicable Tariff, at the rate specified therein . C. Termination for Convenience. The following termination provisions are only applicable to Services provided pursuant to this Pricing Schedule . 1. If Customer cancels this Pricing Schedule prior to the Term Start Date , Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third-party charges resulting from the termination. 2. If Customer terminates Service(s), in whole or in part , for any reason other than default by AT&T , or AT&T terminates for Customer's default, on or after the Term Start Date but before the scheduled completion of the Term, Customer shall pay a termination liability of an amount equal to (a) all unpaid non-recurring charges (excluding non-recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the recurring monthly charges rate for the terminated Service(s) as set forth in this Pricing Schedule, multiplied by the number of months remaining in the term for the applicable Service at the point of termination , and (c) any special construction liabilities. These charges shall become due and immediately payable upon termination . SW-1869TX Texas_HB2128_PS Page 2 of 3 01/07/10v2 lv9099 .. ... AT&T ILEC Intrastate Tariff Network Services Pricing Schedule for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms 3. Tariff and Regulations. This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction . AT&T will , subject to the availability and operational limitations of the necessary systems , facilities , and equipment, provide the Service pursuant to the terms and conditions in the Tariff. This Pricing Schedule may be filed with the appropriate state commission . If approval is required and not obtained , then this Pricing Schedule will immediately terminate , and Customer shall receive a refund of any non-recurring charge paid and pre-paid amounts for Service not received . 4. Governing Law. This Pricing Schedule and any claims arising hereunder or related hereto , whether in contract or tort , shall be governed by the domestic laws of the State of Texas. 5. Entire Agreement. In addition to the provisions in this Pricing Schedule , Services are governed by the Agreement, applicable Texas state Tariffs, the Texas Public Utility rules and regulations , and the Texas Utilities Code. In the event of conflict or discrepancy between provisions of this Pricing Schedule and provisions of the applicable Tariff as modified by the Texas Utilities Code , the order of priority will be (1) the provisions of the Texas Utilities Code , (2) Texas Public Utility rules and regulations, (3) this Pricing Schedule , (4) the Agreement , and (5) Tariff. This Pricing Schedule , the Agreement and the applicable Tariff(s), as modified, constitute the entire agreement between the parties with respect to the Services provided under this Pricing Schedule , and supersedes all other agreements , proposals , representations , statements or understandings , whether written or oral, concerning the Services or the rights and obligations relating to the Services , and the parties disclaim any reliance thereon. This Pricing Schedule will not be modified or supplemented by any written or oral statements , proposals , representations , advertisements , service descriptions or purchase order forms not expressly set forth in this Pric ing Schedule . SW-1869TX Texas_HB2128_PS For AT&T internal use on/ Billing Telephone Number for Existing service, if applicable : End of Document Page 3 of 3 01 /07/10v2 lv9099 •• ,, ·' Circuit/ Svc 1 SELECT ONE: Service Quantities, Locations, Monthly Rate and Non-Recurring Charges Attachment 1 to __ Place X here if this is an Attachment to AT&T ILEC Intrastate Tariff Network Services Agreement for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms __ Place X here if this is an Attachment to AT&T ILEC Intrastate Tariff Network Services Pricing Schedule for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms X Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Agreement for Texas HB2128 Eligible Customers Prov ided Pursuant to Custom Terms __ Place X here if this is an Attachment to AT&T ILEC Intrastate Network Services Pricing Schedule for Texas HB2128 Eligible Customers Provided Pursuant to Custom Terms __ Place X here if this is an Attachment to Texas House Bill 2128 Intrastate Network Services Agreement AT&T Advanced Solutions CUSTOMER NAME: (Enter Customer Name here as listed on the Pricing Schedule/Services Agreement) SERVICE: (Enter Name of Service* here . If contract includes more than one Product/Service , use a separate Attachment per Product.) * For OPT-E-MAN or CSME also include the spec ific Service information in the "ADDITIONAL INFORMATION" column . * For OPT-E-MAN , indicate : 1 Gbps Port or 100 Mbps Port ; Basic Connect or Basic Plus ; CIR speeds ; and Bronze or Silver Grade of Service *For CSME , indicate I Gbps Port or 100 Mbps Port or 10 Mbps Port Identify if Case Number# 'New'OR LOCATION B (if EXISTING NON- (fo r AT & T Internal Us e 'Existing' LOCATION A · Street applicable) -Street CIRCUIT ID, if MONTHLY RECURRING ADDITIONAL INFORMATION* Only) Service Address and City Address and City applicable RATE CHARGE (*See notes above.) 1801 North/South Freeway, Fort 500 W. 3rd Street, 269041 New Worth, Texas Fort Worth, Texas $213 $0 .00 36-month term $0 .00 $0 .00 $0.00 $0 .00 $0 .00 $0 .00 TX HB 2128 _Loc _Attach v.11-17-11 M&C Review DATE: CODE: 31112011 REFERENCE NO.: C TYPE: C-24756 NON - CONSENT Officral s,te of the City of Fort Worth, Texa 04AT&T LOG NAME: TELECOMMUNICATION SERVICES PUBLIC HEARI N G : NO SUBJECT: Authorize Execution of a Universal Agreement for Telecommunications Services with A T&T for the Information Technology Solutions Department Using a State of Texas Department of Information Resources Contract at an Annual Cost Not to Exceed $2,400 ,000.00 RECOMMENDATIO N: It is recomme nded that the City Council authorize AT&T to provide telecommunications service s at m ultip le City of Fo rt W o rth sites for the Information Technology Solutions Department using State of Texas Departme nt o f Information Resources Texan 2000 SWB-LS contract at an annual cost not to exceed $2,400 ,000 .00 . DISCUSSION: Employees a re p ro vided a c ce s s to inform ati o n system s a nd re so urces via the City's data netw o rk . This netwo rk provides the connectivity required for technology such as computers, workstations, vide o , etc. A key compo n e nt of this connectivity is one or more telecommunications circuits provided by pu bl ic telecomm unication providers . AT&T is o ne o f the City's primary telecommunication providers. The City's current agreement with AT&T has expired . This agreement includes services such as high bandwidth and fiber optic type techn ologies . Staff reco mm e nds the execution of a universal service agreement with AT&T to support network connectiv ity. In awarding specific telecommunication orders for service, staff continues to broaden its u se of te le c o mmunication vendors . Specific telecommunication service order s are competitively award ed to telecomm unication vendors based on price, service and capacity to ensure the City is getting t he best value . This Universal Agreement allows the City to Use AT&T where appropriate . The State of Texas Department of Information Resource is authorized to offer the cooperative purchasing programs to state agencies, public institutions of higher learning, public school districts and local governments . Pursuant to Government Code Section 791 .025 , a local government that purchases g o ods and services under the lnterlocal Cooperation Act satisfies otherwise applicable competitive bid d ing require ments . ADMIN ISTRATIVE INCREASE -An administrative amendment or increase may be made by the City Manager fo r an amount up to $50,000.00 and does not require specific City Council approval as long as su ffici e nt funds have been appropriated . M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the IT Solutions -- M&.C Review Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. AGREEMENT TERMS -This agreement will begin March 1, 2011 and expire August 31, 2011. RENEWAL OPTIONS -This agreement may be renewed in accordance with the terms of the DIR Texan Contract. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated , of the Information Systems Fund . TO Fund/Account/Centers Submitted for City Manager"s Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Pl68 535080 0046002 $2,400,000.00 Karen Montgomery (6222) Peter Anderson (8781) Steve Streiffert (2221)