HomeMy WebLinkAbout025597 - General - Contract - Southwestern Bell Internet Services, Inc..Y- r
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GENERAL SERVICE AGREEMENT CON R CT NO Y+� �� ��
This General Service Agreement, effective the �i� day of , 1998, is between Southwestern Bell
Internet Services Inc. ("SBIS") rp � g' p
, , , a Delaware co oration havin its rinci 1 offices at 1651 N. Collins Blvd., Suite
200, Richardson, Texas 75080 and The City of Fort Worth ("Customer", "you" or "yours") having its principal place
of business at 1000 Throckmorton Street, I'ort Worth, Texas 76102.
Scope of Agreement:
A. This General Service Agreement is subject to the terms and conditions set forth herein and the specific terms
and conditions of any applicable Appendix describing services. SBIS agrees to provide any applicable Services at
the prices and for the term set forth in the Appendices. Customer agrees to abide by the terms and conditions of this
Agreement and any appendices attached hereto and, to pay SBIS the complete price for the Services .
B. Customer acknowledges that SBIS does not own, operate or manage the Internet and the Internet is no way
a�liated with SBIS or any of SBIS' affiliates. The Internet is a computer network of inter-operable packet switched
data networks. Therefore, Customer agrees that SBIS cannot and will not guarantee that the Services will provide
Internet access that is sufficient to meet Customer's needs. Customer agrees that its use of the Internet and the
Internet services is solely at its own risk and is subject to all applicable local, state, federal and international laws
and regulations.
C. Services are for the benEfit of, and may be used only by Customer, its employees and members. Customer agrees
not to directly resell the Services to any third parties, including but not limited to, your employees and members.
2. Content of Communications:
A. Customer must evaluate and bear the risks associated with the subject matter, accuracy, completeness or
usefulness of any content available to you on or through the Services. SBIS does not pre-screen content placed on
SBIS' computer servers by any of its subscribers. SBIS does not have the practical ability to monitor, review, or
restrict, prior to its transmission, content on SBIS' servers that may violate this Agreement. In addition, SBIS
cannot ensure the prompt editing or removal of any content that may violate this Agreement after such content has
been posted on SBIS' servers. However, you may still receive content which you consider to be inaccurate, /
defamatory, or otherwise offensive. Customer understands that SBIS is not liable for any action or inaction with
respect to any content posted on or through the Services and the Internet.
3. Copyright and Other Rights:
A. The Services provide access to content that is protected by copyrights, trademarks, intellectual property rights,
and other proprietary rights ("Rights") of SBIS and independent third parties who make such content available on
or through the Services. Customer's use of content shall be governed by all applicable laws and regulations, and by
the specific restrictions placed on such content by the owners or licensers of the Rights of such content. Customer
will upload or download, to or from software files, message boards, or otherwise post, transmit or download on or
through the Service, only such content that is not subject to any Rights, unless Customer has received express
authorization to distribute such content on or through the Service by the holder of such Rights. Therefore, Customer
agrees that it will not post, transmit or download content that is subject to another pariy's Rights, on or through the
Services, without that pariy's express permission. Such unauthorized uploading, downloading, posting or
transmitting: (1) may result in immediate termination of this Agreement, and; (2) may result in civil or criminal
liability.
B. By posting or transmitting content to any public area e(�. ., public chat rooms, message boards, software
libraries) customer represents and warrants to SBIS that Customer has the right to post or transmit such content and
that such content does not infringe any copyright of, or violate any right of privacy, or libel or violate any
proprietary or other right of any other person. Customer hereby agrees to indemnify SBIS for any loss, liability,
claim or expense whatsoever arising out of or in connection with any unauthorized posting or transmission or
further use.
4. SBIS's Access Service Software: U��OC�GfiI� ���L'� ��
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Appr �ve����G��98T �E
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A. Use of the Services gives Customer limited rights to use any software provided by or through SBIS and through
which you access SBIS' Internet Access Service and the Internet (the "Access Service Software"). SBIS grants
Customer a non-exclusive, non-transferable, revocable, limited sublicense to use the Access Service Software for
connecting to the Access Service in accordance with this Agreement.
B. Customer's use of=the Service provides you access to proprietary features of SBIS' Internet Access Service and
of software provided by SBIS' licensers. SBIS and its software licensers have Rights in the Access Service,
including but not limited to: soflware, software documentation, the "look and feel" of the Access Service, Access
Service names, subscriber interfaces, and other features. Customer agrees not to copy, modify, adapt, reproduce,
translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Access Service that is owned by
SBIS or its licensers.
5. Warranties and Disclaimers:
A. SBIS warrants that the Services will be provided in a professional and workmanlike manner. Customer must
notify SBIS of any alleged breach of this warranty within (30) days after you become aware of such alleged breach.
If a claim occurs under a guarantee and you notify us within the required period, SBIS will use reasonable efforts
to repair, correct, restore interrupted or replace the Services. This is the only obligation of SBIS and your only
remedy for any breach of any warranty and guarantee.
B. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES AND THE INTERNET ACCESS
SERVICE SOFTWARE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. IN PARTICULAR, SBIS DOES NOT WARRANT THAT THE
SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED OR CONTINOUS BASIS. WITHOUT
LIMITING THE FOREGOING, SBIS HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, AND OF MERCHANTABILITY AND OF NON-
INFRINGEMENT.
6. Limitation of Liability:
A. SBIS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL ,
INDIRECT OR SPECULATIVE DAMAGI;S OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOSS
OR LIABILITY RESULTING FROM: (1) LOSS OF DATA; (2) LOSS OF SOFTWARE OR HARDWARE; (3)
LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (4) LOSS OR
LIABILITY RESULTING FROM COMPUTER VIRUSES; (5) LOSS OR LIABILITY RESULTING FROM
DATA NONDELIVERY OR DATA MISDELIVERY; (6) ANY OTHER LOSS OR LIABILITY RESULTING
FROM THE NEGLIGENT ACTS AND/OR OMISSIONS OF SBIS; (7) LOSS AND LIABILITY RESULTING
FROM ANY ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS,
OR SER�IICES OBTAINED ON OR THROUGH THE SERVICE, AND; (8) LOSS OR LIABILITY RESULTING
FROM ACTS OF GOD. THIS LIMITATION OF LIABILITY APPLIES EVEN IF SBIS IS INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
B. SBIS' shall be laible to Customer for any direct damages incurred by Customer to the extent that such damages
are caused in whole or in part, by the negligent acts or omissions or willful misconduct of SBIS, its officers, agents,
servants and employees.
7. Indemnification:
A. Customer shall defend, indemnify and hold SBIS harmless from any and all claims, liability, loss, expense and
damages, including reasonable attorney's fees and court costs resulting or in connection with any claim, demand or
suit of any kind to the extent that such arise out of Customer's nrgligrnt acts, omissions, ar misrepresentations, or
from any defects or failure of any kind in any products or services provided by Customer or from any infringement
by Customer of any copyright, trademark, service marks, trade name or similar proprietary rights. This obligation
does not extend to the extent that liability results from the negligent acts or omissions or misconduct of SBIS.
B. In the event of a third party claim, to which SBIS is entitled to indemnification hereunder, Customer shall notify
SBIS, in writing within thirty (30) business days following receipt of such third party claim. The Customer's
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obligations hereunder shaIl not be waived or released in the event that the Customer fails to provide such written
notice within such ten days. SBIS retains the right to assume the defense hereof, including the employment of
counsel of its own choosing, Customer shall receive reasonable advance written notice of the counsel choice and
shall have the opportunity to find such counsel reasonably acceptable to Customer and payment of all reasonable
expenses in connection therewith. Customer shall reimburse SBIS for any reasonable out of pocket costs or
expenses, incurred in providing information and assistance in connection with the defense of such claim, suit, action
or proceeding.
8. Notices:
A. Any notices or demands which under the term hereof or otherwise must or may be given or made by SBIS or
Customer will be in writing and given by facsimile or similar communication or by certified mail or registered mail
return receipt requested, addressed to the respective parties as shown:
If to SBIS: Southwestern Bell Internet Services If to Customer: G� p� �-(-• �b�
P. O. Box 833930 Atte on: �rI (�1,GCa,�,�,
Richardson, Texas 75083-3930 � ppa - �.ree,4-.
�F-+. tr�bti4-h -IIC. -Z1p 102
B. Such notice or demand will be deemed to have been given when sent, if sent by facsimile or similar
communication, or when deposited, postage prepaid, in the U.S, mail on a certified or registered basis. The above
addresses may be changed at any time by giving thirty (30) days prior written notice as above provided.
9. Choice of Law:
This Agreement and any Appendix hereto will be governed by the laws of tha State of Texas. Venue for any action
arising from the terms and conditions of this Agreement andlor any Appendix hereto shall lie in state courts located
in Tarrant County, Texas or in the United State District Court for the Northern District of Texas, Fort Worth
Division.
10. Term:
A. This Agreement wiIl commence on the date the Services are activated pursuant to any applicable appendices
and will continue for the term therein and this will constitute the Initial Term. At the expiration of the Initial Term,
the term of the Services shall automatically renew on a month-to-month basis on the terms and conditions set forth
herein, unless the terminating party delivers to the other party thirty (30) days' advance written notice of
termination. Upon renewal under this provision, the applicable price of the Services will be the current prices as
stated in SBIS' price list in effect at the time of the renewal.
B. The Service Activation Date shall be the date Customer has connectivity over the transport network to SBIS'
Internet Access Network. In the case of connectivity via Frame Relay, SMDS, or ATM, connectivity shall have
occurred when a physical connection has been installed and a Private Virtual Circuit (PVC) has been established to
permit routing of traffic from Customer's equipment to SBIS' Internet Access Network. The Activation Date shall
not be dependent on correct configuration of Customer's computer equipment applications (e.g., Domain Name
Services, Electronic Mail Server), Local Area Network or Wide Area Network.
11. Credit Veri�cation:
A. Acceptance of this Agreement by SBIS, and the provision of Services under this Ageement, and any applicable
Sales Orders, is conditioned on completion of the Credit Verification Form, Exhibit B, and verification of the credit
information provided herein. SBIS, will, at its discretion, check the credit history of the Customer prior to
acceptance of any SaIes Order. SBIS reserves the right to reject any Sales Order based on the results of the credit
check, or to impose additional terms and conditions, in accordance with its credit policies. SBIS may require an
advance payment, progress payments, or other form of security as a condition of acceptance of any Sales Order.
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12. Billing and Collections:
A. For all Services charges, including installation charges, if applicable, SBIS will send Customer a monthly
invoice. The first invoice will include i) the pro-rated cost for the remainder of the current month, ii) the total cost
for the following month, and iii) the installation fee. Pro-ration of monthly chazges will be based on the number of
days during the month the service was available. Non-recurring and monthly recurring Service charges shall
commence on the date of activation of the services, and shall be billed in advance of Services for months following
the first month of service. Invoices are due and payable on the fifteenth (15�`) of the month. If anyportion of
payment is received after ihe late payment date, a monthly late charge may be charged to Customer as liquidated
damages. The monthly late charge will be 1.5% of the entire outstanding balance for each month or portion thereof
(18% per annum) for which the balance remains.
B. In the event Customer fails to pay charges billed to SBIS, or its billing agent, SBIS reserves the right to bill
outstanding sums in any of the alternative methods identified in paragraph 11.A. SBIS may assign unpaid late
balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances
due, Customer agrees to reimburse SBIS for all reasonable expenses incurred to recover sums due, including
reasonable attorneys fees and other reasonable legal expenses and including costs and expenses incurred upon
appeal.
C. Customer's basic telephone services - such as Southwestern Bell Telephone - will not be disconnected for
nonpayment of charges for Services provided under this agreement. However SBIS may suspend or discontinue
Services if charges for these Services are not paid.
D. SBIS shall not increase pricing during the Initial Term, but thereafter, SBIS may increase pricing upon 60 days' written
notice to Customer.
E. SBIS' invoice will clearly state any excise, sales, use or other taxes applicable to its provision of service or equipment
hereunder, and all such taxes shall be paid by Customer in addition to accounts charged for Services. If Customer presents
SBIS with a valid exemption certificate, taxes will not be charged.
13. Cancellation and Termination:
A. This Agreement together with any applicable appendices, shall be at all times subject to any changes or
modifications by state regulatory commissions, Federal Communications Commissions, and other judicial and
regulatory bodies having jurisdiction with respect to the same. In the event of a ruling, regulation or order issued by
a judicial, legislative or regulatory body causes this Agreement to be in conflict with such rules, regulation or
orders, SBIS the Customer shall either agree to modify this Agreement to conform to the terms of such rules,
regulations or orders, or Customer or SBIS may terminate this Agreement without liability to the other parly.
B. Customer may terminate any Services upon thirty (30) days' prior written notice to SBIS.
C. SBIS may restrict or terminate Customer's Service(s) at any time if Customer is in violation of this Agreement.
If Customer is in violation of this Agreement, any restriction or termination of Service(s) will be effective upon; (i)
providing Customer with 10 days advance written notice and (ii) SBIS's giving Customer and opportunity to cure or
correct such violation within a reasonable amount of time and Customer's failure to cure or correct such violation
within that time
D. If Customer fails to pay any charges when due, including but not limited to installation charges or taxes, and
such condition continues un-remedied for a period of (30) thirty days, Customer shall be in default and SBIS may
terminate this Agreement. Upon such termination by SBIS, Customer shall be liable for any applicable charges.
E. Notwithstanding anything to the contrary either in this General Services Agreement or any appendices hereto,
Customer shall have the right to terminate any Services, effective upon receipt of written notice SBIS, if at any time
funding necessary for Customer to continue to fulfill its obligations hereunder are not appropriated. In such event,
(i) within thirty (30) days following such non-appropriation; (ii) Customer shall remain obligated for payment to
SBIS of any Services provided hereunder up to the effective date of termination; and (iii) Customer agreees that it
will not execute any agreement with a third party for provision of substantially similar Services for a period of
ninety (90) days following the effective date of termination.
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14. Confidentiality:
Each party agrees to maintain in secrecy and held confidential the proprietary information of the other, and
information proprietary to both arising hereunder, provided that the party claiming a right of confidentiality notifies
the other party in writing that the respective information is proprietary. The duty of confidentiality shall extend, but
not limited to software, plans, drawings, diagrams, prograrns, lists, methods, or systems of any kind. This duty of
confidentiality shall not extend to information which (1) was already in the possession of the party irrespective of
this Agreement, (2) is received from a third party not a party to this Agreement (3} was not accompanied by an
advance written notice �of co�dentality and (4) is part of the public domain or is common knowledge or is
otherwise generally known.
15. Assignment:
A. Except as otherwise provided in this Agreement, neither pariy shall assign its rights and delegate its duties
hereunder without the prior written consent of the other party which shall not be unreasonably withheld, provided
however that, either party may assign its rights and delegate its duties hereunder in whole or in part to any present or
future affiliate. A pariy shall give the other prior written notice of any such assignments. In the event of any such
assigrunents, the assigning party shall be released and discharged to the extent of the assignment under this
Agreement and any appendices hereto.
B. Any attempted assignment in contravention of this paragraph will be void and of no effect.
16 Severability:
If any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or un-enforceability
shall not invalidate or render the entire Agreement unenforceable, but rather the entire Agreement shall be construed
as if not containing that particular invalid or unenforceable provision or provisions, and the rights and obligations of
the parties shall be construed and enforced accordingly. SBIS AND CUSTOMER INTEND THAT EACH PART
OF THIS AGREEMENT WHICH LIMITS LIABILITY, DISCLAIMS WARRANTIES OR GUARANTEES, OR
EXCLUDES DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO
BE BNFORCED THAT WAY. IF ANY REMEDY FAILS TO FULFILL ITS ESSENTIAL PURPOSE, THE
LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES REMAIN IN EFFECT.
17. Non-Waiver:
Failure by either party to enforce strictly any of the provisions of this Agreement or to exercise any right hereunder,
shall not be construed as a waiver thereof or as excusing the other party from future performance. No provision of
this Agreement and any appendices hereto shall be deemed waived, altered or modified by either pariy unless such
waiver, alteration or modification is signed by the pariy against whom enforcement of the waiver or modification is
sought. All rights and remedies provided herein are cumulative.
18. Entire Agreement:
The terms and conditions contained herein and in any other applicable appendices attached hereto constitute the
entire agreement between SBIS and Customer as to the matters contained herein which may not be modified except
by a written instrument signed by their authorized representatives. The provisions hereof supersede all prior oral
and written quotations, communications, agreements and understandings of the parties with respect to the subject
matter hereof. No rights arising hereunder will inure to the benefit of any third party other than a permitted
assignee. �
IN WITNESS WHEREOF, the foregoing Agreement has been executed by authorized representative of the parties
hereto, in duplicate, as of the dates set forth below.
Customer.
Accepted:
Accepted:
Southwestem Bell Intemet Services
By: The City of Fort Worth By: Southwestern Bell Internet Services
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a
`, Signed: /� `--Y�-],��- � - �d��Q-Q
Print Name: �S I/�.(li,Y �e S,`. 17C�S W e � �
Title: ���,� • �,� �•
i
Billing Address: 1000 Throckmorton Street
Fort Worth, TX 76102
Billing Telephone No: 817-871-8900
Date: i� ��/Z�i �Cf�
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Signed:
Print Name: Nicole Nelson
Title: Account Mana er - Fort Worth
Date: ��ar/' /� Q ,
APPROVED AS TO FORM AND LEGALITY:
i� �-$3 y�
Ass�stant C ty arney 9�2r��
�,�� -e�.��,�;�;wyv �2�. s B rs
��� �
BY: � w
ATCESTED BY
�A �"� , ,P Ct.4.I n�/
. j,.., �_� �o
Name: Paul Merritt
Title: Vice President Sales - Central Region
Date: May 29, 1998
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Approved SBIS Lega15/28/98TAE
i,
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Appendix A
Sales Order
Southwestern Bell Internet Dedicated Access Services
This Appendix is subject to the General Services Agreement , dated .�3/�%/�D , between Southwestern Bell
Internet Services, Inc. ("SBIS"), a Delaware corporation having its principal offices at 1651 N. Collins Blvd., Suite 200,
Richardson, Texas 75080 and The City of Fort Worth ("Customer", "you" or "your"). SBIS is to provide to Customer
Dedicated Internet Access Service as described below:
1. Term :
This Amendment to the Appendix for Dedicated Access Service is effective from the above date and shall remain in full
force and effect for a period set forth in Section 7 hereof. Customer will give SBIS thiriy (30) days' prior written notice for
early termination of the Service hereunder, as provided in section 13 of the General Service Agreement.
2. Customer Responsibility
A. Customer shall allow SBIS, or its contracted personnel, continuous access and right-of-way to Customer's premises to
the extent necessary for the purpose of providing maintenance of services, equipment, hardware, software, facilities and
systems. Customer shall furnish SBIS with equipment space and electrical power as may be necessary for the purposes of
the Service.
B. Customer shall be liable for any damages to SBIS equipment, hardware, software, facilities and systems which may be
caused by or result from: 1) negligent acts or omissions of Customer or its personnel: or 2) malfunction or failure of
equipment directly caused by Customer or its agents, employees or suppliers.
C. Customer shall bear responsibility for identifying and removing any hazardous materials prior to installation work to be
performed by SBIS hereunder. Customer shall indemnify, defend and hold harmless SBIS from any claim, suit, loss, cost or
expense, including fines, charges or legal fees incurred in connection with hazardous materials present on Customer's
premises, except and unless and to the extent such claims, suits, losses, costs or expenses are caused by the negligent acts or
omissions of SBIS, its o�cers, agents, servants or employees. .
D. Should Customer relocate or otherwise change the place of Services after the commencement of Services hereunder,
Customer shall pay any and all additional charges resulting from such relocation or changes at rates as stated.
E. Customer is to ensure that the placement of the router is no further then 600 feet from the Point Of Entry (POE)
of the line (e.g., ISDN or T1). Further, Customer is to ensure that the placement of the router is no further then 700
yards from the hub of a network. If Customer cannot meet these requirements, Customer will be subjected to
additional charges by SBIS and/or Southwestern Bell Telephone.
F. In the event SBIS provides on-site installation of Equipment provided pursuant to this Agreement, Customer
shall provide reasonable access to Customer's premises, and adequate communications facilities and work space, to
enable SBIS to perform its obligations under this Agreement. Customer shall make premises free from all
hazardous material (e.g. asbestos) and dangerous conditions prior to performance of work by SBIS.
3. Installation
Installation is complete when:
1. Equipment is configured per manufacturer specifications, or other Customer-specified configuration provided
to SBIS prior to installation.
2. Equipment is connected to nerivork service, as applicable to the type of units to be installed.
3. Equipment has been tested with network service.
4. Equipment operates as per manufacturer specifications.
4. Additional Costs:
Additional costs may be associated with the following:
i. Installation or other work related to inside wire.
Appendix A
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Appendix A
Sales Order
Southwestern Bell Internet Dedicated Access Services
2. LAN configurations and testing of applications.
3. Additional site visits for Customer missed appointments, site not ready, or additional testing or configuration
requested by Customer. Additional site visits will be billed on a time and material charges at the then current
rate.
4. Administration of installed units, or configuration changes requested after installation has been completed.
5. SBIS' obligations: �
1. To provide a_T-1 connection to the Internet for Customer.
2. To configure and install a Cisco 2524 router.
3. To work with the customer for the first thirty (30) days, after installation, to resolve issues related to access to the
Internet from the router.
4. To provide 24x7 Netwurk Operations Support. The NOC monitors SBIS' network to Customer's router.
5. To provide IP addresses assigned to Customer. The number of IP addressed assigned at any given time to a Customer
will be determined solely at the discretion of SBIS. SBIS reserves the right to decrease, increase, modify or otherwise
restrict the number of IP addresses assigned to a Customer.
6. Use of Marks:
Nothing in this Agreement shall grant Customer any right, title, or interest in or to the use of the name, any trademark or
service mark now or hereafter owned by SBIS or of any of its affiliates, subsidiaries or parent corporation. Any
unauthorized use of SBIS's marks is strictly prohibited. Customer shall submit to SBIS, for review and approval prior to
use in any way, all advertising material and contract collateral which refers in any way to the SBIS' Service or to the
relationship between the parties in this Agreement.
7. Term and Prices:
The term of this agreement is 36 months , at a cost per month of $_1350 and installation cost of
$ 2995 . Customer must sign and return this entire agreement within seven (7) business days of its receipt in order to
secure pricing and installation date.
Electro ic Mail Accounts -
N� � electronic mail account(s) are free for the length of the Agreement
�1 �� electronic mail account(s) @ per account per month
Primary Domain Name Service -
First Primary Domain Name is free to Customer
Additional Domain Name(s) or changes to existing Domain Names are available for a one time payment of one
hundred dollars per occurrence.
All standard InterNIC charges apply.
Prices do not include transport service. SBIS can provide this service through its Letter of Authorization. Router
maintenance and replacement is also available through SBIS.
[SIGNATURE PAGE FOLLOWS]
Appendix A
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Approved SBIS Lega105/29/98
�
��
Appendix A
Sales Order
Southwestern Bell Internet Dedicated Access Services
8. Installation Date:
The estimated installation date is 3 weeks after SBIS has received signed contracts. This date is only an estimate
based upon the current understanding of the scope of the installation and the availability of equipment and Services.
Southwestern Bell Internet Services
BY� C/// I �tiU/� l/ � .
Name: Nicole Nelson
Customer
Signed: k(,�cU..— � � `���
Print Name �,�. !eS R - �oS c.,,�e,1(
& Title: x SS' -j. �'_ ,'� r
Title: Account Manager — Fort Worth
Date: �/ � /��
Billing Address: 1000 Throckmorton Street
Fort Worth, TX 76102
Billing Telephone No: 817-871-8900
Date: �' CJ/2S /�1�i
By: �
Name: Paul Merritt
Title: Vice President Sales - Central Region
Date: May 29, 1998
� APPROVCD AS TO FORM AND L�GALITY:
� �- �3 y�
Assistant C ty arney �,z, y�
�� /��� ,� . � j%' `� ,� /S
Y �C�- %� (/
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. �� > _ �A�I i . . �, _
- , r' �
Appendix A
Page 3 of 3
Approved SBIS Lega105/29/98
Ci�,, o, f'Fort �orth, Tex..s
Mayor and� Councir Communication
� ' � DAT$
09/02/97 I P-8394 � 04PART ( 2 of 2
sIISJscT PURCHASE AGREEMENTS 1N EXCESS OF 515,000.00 W1TH VENDORS DESIGNATED
AS QUALIFIED 1NFORMATION SYSTEMS VENDORS BY THE STATE OF TEXAS FOR
COMPUTERS, PARTS, PERIPHERAL EQUIPMENT, SOFTWARE'AND RELATED
SERVICES �
RSFSRENC$ NUMBSR
LOG NAME
PAGE
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current operating
budgets, as appropriated, of eligible City departments. � �
C�"i
I
Submitted for City Manager's
OfFce by:
Chules Boswell
Orl�nating Department Head:
Michael DiPaolo
For Additional Information
Contact:
Michael DiPaolo '
FUND I ACCOUNT I CENTER I AMOUNT
(to)
$5��
8499 (from)
8499
CITY SECRETARY
� 0 NC�L
C1TY C
SEP 9 1997
� ��i4.t.eJ�l.�i.J
City �a� cI� e
W2g c� ratt L�'oz'.L. �e�s
a
� Printed on Recydeci Paper
Z��ty of -Fort �i�"orth, T�.xas
Mayor and Councir Communication
DATB RLF$RENCB NUi�$R LOG NAi� PAGS
09/02/97 I � P-8394 I 04PART I 1 of 2
5��� PURCHASE AGREEMENTS IN EXCESS OF S 15,000.00 WITH VENDORS DESIGNATED
, AS QUALIF(ED INFORMATION SYSTEMS VENDORS BY THE STATE OF TEXAS FOR
COMPUTERS, PARTS, PERIPHERAL EQU(PMENT, SOFTWARE AND RELATED
. SERViCES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute purchase
agreements in excess of $15,00O.00with vendors designated as qualified information systems
vendors by the State of Texas for computers, parts, peripheral equipment,- software and
re(ated services. �
DISCUSSION: �
The City Council authorized the purchase of computers, parts, peripheral equipment and
software for the Information Systems & Services Department ("Department") through M&C
P-7698 { 12-19-95), for an estimated expenditure of $1,000,000.00. This M&C was amended
through M& C P-7921 (5-28-96), for an additional authorization of $2,000,000.00; M&C P-
8124 (10-8-96), to include maintenance and trade-in capabilities of surplus equipment; M&C
P-8197 (1-14-97), for an additional aufihorization of S2,OOO,OOO.00;and M&C P-8325 (6-3-
97), for an additional authorization of $2,000,000.00. Therefore, total authorization for such
purchases is 57,000,000.00.
In order to facilitate the Year 2000 project, the network implementation plan and other
approved Department plans, the Department requests authorization for the City Manager to
execute purchase agreements in excess of $15,000.00 with vendors designated as qualified
information systems vendors by the State of Texas for computers, parts, peripheral equipment,
software and related services. Funds for these purchases will come from those already
appropriated in the Information Systems Fund.
Under Section 271.083, of the Texas Local Government Code, a local government satisfies
otherwise applicable competitive bidding requirements when it makes a purchase through the
catatogue purchasing procedure established by Section 2157.061, of the Texas Government
Code. The City will comply with these provisions for all purchase agreements authorized
under this M&C.
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