Loading...
HomeMy WebLinkAboutResolution - 2022-R0199 - PO 27121599 with RCN Technologies - Citibus 4.26.22Resolution No. 2022-RO199 Item No. 7.34 April 26, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 27121599, as per DIR-CPO- 4458, for eighty (80) modems and related equipment and service for Citibus, by and between the City of Lubbock and RCN Communications d/b/a/ RCN Technologies, and all related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 26, 2022 DANIEL M. POPE, MAYOR ATTEST: Rebel Garza, City Secreta APPROVED AS TO CONTENT: Bill Howerto Deputy City Manage APPROVED AS TO FORM: R n ooke, ssistant City Attorney T RES.PO 27121599-RCN Technologies 4.21.22 tb, nku, 5 11) PURCHASE ORDER TO: RCN COMMUNICATIONS DBA RCN TECHNOLOGIES 200 JENNINGS AVE KNOXVILLE, TN 37917 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 4/26/2022 Freight Requested 5/26/2022 Taken By Delivery PER R WILSON REQ 58736 Page - 1 Date - 4/14/2022 Order Number 27121599 000 OP Branch/Plant 271 SHIP TO: Citibus PO BOX 2000 LUBBOCK TX 79457 BY: 1 Marta Director of DIR-CPO-4458/ PUR 16550 and Contract K MORGAN If you have any questions about this order, please contact Richard Wilson at 806-775-3657 or via email at RWislon@citibus.com Description/Supplier Item Ordered _ Unit Cost _UM Extension Request Date NetCloud Mobile Plan 80.000 1,159.4200 EA 92,753.60 5/26/2022 8-IN1 Dome Ant. 80.000 338.0000 EA 27,040.00 5/26/2022 5G/LTE Setup 80.000 35.0000 EA 2,800.00 5/26/2022 Shipping Charge 1.000 1,439.0000 EA 1,439.00 5/26/2022 Total Order Terms NET 30 124,032.60 This purchase order incorporates the current Federal Transit Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms and Conditions required by the Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.11', are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms and conditions. This purchase order encumbers funds in the amount of $124,032.60 awarded to RCN Communications dba RCN Technologies of Knoxville, TN, on April 26 , 2022. The following is incorporated into and made part of this purchase order by reference: Quote dated November 23, 2021, from RCN Communications dba RCN Technologies of Knoxville, TN, and DIR- CPO-4458. Resolution # 2022-RO199 CITY OF L OCK Daniel M. Pope, Mayor ATTEST: --opo Rebecca arza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: SALES TAX EXEMPTION The goods and services provided for this project are exempt from the Limited Sales, Excise and Use Tax imposed by Chapter 20, Title 122A, Taxation -General, Revised Civil Statutes of Texas WARRANTY OF TITLE Contractor warrants to the City of Lubbock, its successors and assigns, that the title to the material, supplies or goods covered by the contract, when delivered to the City of Lubbock or to its successors or assigns. shall be free from all liens and encumbrances PRODUCT!SERV ICES WARRANTY Contractor warrants that the goods furnished under this contract conform to the contract description, are free of defects in materials and working conditions, are fit for the ordinary purposes for which such goods are used, run of even land. quality and quantity within each unit and among all units involved, are adequately contained, packaged and labeled as the agreement may require and conform to the promises or affirmation of fact made on the container or label, if any If the contract is for services, Contractor warrants that the services furnished hereunder conform to the contract description All necessary repairs, renewals, changes or modifications in the goods due to defective materials and workmanship, occurring within twelve (12) months after final acceptance of the goods, shall be promptly corrected by the Contractor at his expense, including labor and materials, with minimum inconvenience to the City of Lubbock Where specific items of goods are guaranteed by the manufacturer for periods exceeding those shown above, such guarantees are not voided by provisions of this paragraph DELIVERY Unless otherwise stated in the specifications or bid forms, the price staled in this purchase order includes freight and/or delivery charges Complete delivery must be made within 30 calendar days after the date of the Purchase Order Delivery will be F O. B the City of Lubbock C:O Citibus 801 Texas Ave Lubbock, Texas, unless otherwise specified The Contractor shall • perform all packing, shipping, and freight of goods procured by this contract, • assume all responsibility and risk of loss incident to said deliveries, • clearly mark all crates delivered to the site with the Contractor's name and identification of the contents by number of pieces and item number for each piece, and the City of Lubbock Purchase Order number TERMINATION OF CONTRACT Termination for Convenience The City of Lubbock may terminate this contract, in whole or in part, at any time without cause and solely for the convenience of the City of Lubbock by giving thirty (30) calendar days written notice to the Contractor The Contractor shall be paid fees and expenses for work performed up to the time of termination provided the Contractor submits an itemized claim within thirty (30) calendar days of the termination If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same and dispose of it in the manner the City of Lubbock directs Termination for Default In the event that the Contractor breaches the terms or violates the conditions of the Contract to be awarded, and does not within ten (10) calendar day s of written notice from the City of Lubbock cure such breach or violation. the City of Lubbock may immediately terminate the Contract, and pursue any and all legal and equitable remedies available to it against the Contractor Indemnification the contractor shall indemnify, keep and save harmless the city of Lubbock, its agents, officials. and employees, against all suits or claims that may be based on any injury to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the contractor, whether or not it shall be claimed that the injury was caused by the negligence of the City of Lubbock its officers, employees or agents Contractor shall, at his own expense defend any and all actions, and shall at his own expense pay all charges of attorney fees and all costs and other expenses arising there from or incurred in connection therewith, and if any judgment shall be rendered against the city of Lubbock in any such action, the contractor shall at his own expense satisfy and discharge the same BILLING Invoice(s) shall be submitted in duplicate to Accounts Payable, City of Lubbock, P O Box 2000 Lubbock, Texas 79457 Each invoice shall contain the following information purchase order number, item number, brief description of goods, sizes, serial numbers, quantities, unit prices, and total and applicable project numbers PAYMENT TO CONTRACTOR Terns shall be net thirty (30) calendar days after receipt of an invoice and after acceptance of the goods by the City of Lubbock, whichever is later In the event payment is not made within thirty (30) calendar days, the Contractor shall submit a reminder invoice marked overdue If the invoice contains an error, the invoice will not be classified as a properly submitted invoice DISCOUNTS Discounts that are included in offers become apart of the resulting contracts and are binding on the Contractor for all orders placed under the Contract Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered FEDERAL CHANGES Contractor shall at all times comply with all applicable PTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement between the City of Lubbock and FTA, as they may be amended or promulgated from time to time during the term of this contract Contractor's failure to so comply shall constitute a material breach of this contract INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions All contractual provisions required by DOT, as set forth in FTA Circular 4220 IF, dated March 3, 2013, are hereby incorporated by reference Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Lubbock requests that would cause the City of Lubbock to be in violation of the FTA terms and conditions W W W FTA DOT GOV As required under the OSHA Hazard Communication Standard 29 CFR 1910 1200, a material safety data sheet (MSDS) must precede or accompany the initial shipment of any hazardous material defined as such under the Act For items previously ordered, an MSDS must also be supplied lithe MSDS has changed since the previous shipment The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief m a court of competent Jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seekyudicial remedy The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent Jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control The City Right to Audit At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) day s of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor House Bill 2015, signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers This applies to subcontractors as well Contractors and subcontractors who fail to properly classify individuals performing work under a govemmental contract will be penalized $200 for each individual that has been misclassified Governmental entities may want to include information on this new misclassification penalty in their contracts with entities that are providing services covered by this new requirement (Texas Government Code Section 2155 001) Master Agreement For Federal Transit Administration Agreements authorized by 49 U S C chapter 53, Title 23, United States Code (Highways), the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users, as amended by the SAFETEA-LU Technical Corrections Act of 2008, the Transportation Equity Act for the 21st Century, as amended, the National Capital Transportation Act of 1969, as amended, the American Recovery and Reinvestment Act of 2009, Pub L 111-5, February 17, 2009, or other Federal laws that FTA administers FTA MA (2 ) February 7, 2022 https •'wwvv transit dot govlfunding/grantee-resources/sample-fta-agreements/fta-grant-agreementsThe Master Agreement can be found in its entirety on the City of Lubbock website www ci lubbock tx us/ TECHNOLOGIES RCN Technologies 200 Jennings Ave. Knoxville, Tennessee, 37917 865-293-0350 Bill To City of Lubbock Transit Tim Lynskey 801 Texas Ave. Lubbock, Texas, 79401 U.S.A Ship To Tim Lynskey City of Lubbock Transit 801 Texas Ave. Lubbock, Texas, 79401 U.S.A Description 1 1-yr NetCloud Mobile Performance Essentials Plan and R1900 SKU : MB01-19005GB-GA 1-yr NetCloud Mobile Performance Essentials Plan and R1900 router with WiFi (5G modem), no AC power supply or antennas, Global *Pricing Set According to TX DIR Contract DIR-CPO-4458 Estimate Estimate# 865-020875 Estimate Date: 11/23/2021 Expiry Date: 04/29/2022 Sales person: Ben White City of Lubbock Transit - Project Name: Cradlepoint R1900 5G 1YR Essentials + Config /Setup Services Terms: Net30 AmountArw 80.00 1,159.42 92,753.60 Each 2 Panorama 4G/5G 8-IN-1 DOME 2x2 MIMO; 4x4 MIMO 80.00 338.00 27,040.00 SKU : LG-IN2607 Each 8-IN-1 DOME ANT. KIT - FTD. 5m EXT. CABLES - BLACK 3 5G/LTE Device Setup & Configuration 80.00 35.00 2,800.00 SKU : TL-SETUP-PRO-M Each TechLab Setup and Provisioning for multiple devices Includes: -Sim Insertion and Provisioning with Carrier of Choice -Group and Device Configuration via NCM -QC and Go -Live Check with systems check on all WiFi, connection and routing configs -Install OTA assistance where needed Items in Total 240.00 Sub Total 122,593.60 Shipping charge 1,439.00 Total $124,032.60 Print Name: Title: Date You can #ExpectMore from RCN Technologies Notes *Pricing Set According to TX DIR Contract DIR-CPO-4458 Please Remit To: RCN Technologies -C/O U.S. Bank TFM Lockbox PO Box 860573 Minneapolis, MN 55486-0573 Reference: RCN A/C 221414000 Looking forward to working with you in the future. Have a great day! Terms & Conditions All items must be returned within 30 days of purchase. All equipment is subject to a 20% restocking fee. - Payment Due Net 30 from the ship date for all goods. No exceptions. Orders containing Installation or other services may be billed/collected separately. Return Policy: http://rcntechnologies.com/returns/ Authorized Signature You can #ExpectMore from RCN TechnoIggies CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-879448 RCN Communications LLC dba RCN Technologies Knoxville, TN United States Date Filed: 04/28/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 04/29/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 865-020875 Cradlepoint Router Purchase for Public Transit 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Yearack, Jennifer Knoxville, TN United States X Yearack, Geoff Knoxville, TN United States X Renodis, Inc. St. Paul, MN United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) r-uuns pruviueu uy i exas cmlcs k-ommisslon www.etnlcs.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES C FORM 12.A.,= lof I Complete Nos. I - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties, CERTIFICATION OF FILING Certificate Number: I 1 Name of business entity filing form, and the city, state and country of the bushiess ewity's place of business. RCN Communications LLC dba RCN Technologies 2022-879448 Knoxville, TN United States Date Filed: OW2812022 2 Name of governRntal— entity or state agency that is a party to tW corAract for which the farm — is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 865-020875 Cradlepoint Router Purchase for Public Transit 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) CoMolling Intermediary Yearack, Jennifer Knoxville, TN United States X Yearack, Geoff Knoxville, TN United States X Renodis, Inc. St. Paul, MN United States X 5 Check only H there is NO interested Party. 0 6 UNSWORN DECLARATION My is name and my date of birth is My address is t" (streeL/ t) (city) (sue) (AP code) (country) I dedare under penalty of perjury that the foregoing is true and correct. Executed in County, State of -77A,/ on" 'day of 20 (month) (year) Signature of authorized agent of#ntracting, business entity (Declarant) ruffrib pwvlueu Uy texas r-Irms t-ommission www.einrcs.state.tx.us Version V1.1.19lb5cd'c