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HomeMy WebLinkAboutResolution - 2003-R0484 - Wireless Service Agreement - Nextel Partners Operating Corp. - 10_23_2003Resolution No. 2003-RO484 October 23, 2003 Item No. 32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Wireless Service Agreement and all related documents between the City of Lubbock, Nextel Partners Operating Corp. and Shamrock Wireless. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 23rd day of October , 2003. Z4��Z MARC c OU , MAYOR ATTEST: Garza, City Secretary PROVED AS TO CONTENT: Mark fearwod, Director, Inforrhation Technology Linda L. Chamales, Supervising Attorney Office Practice Section Lc: City Att/Linda/RES-Shamrock Wireless Resolution No. 2003-RO484 October 23, 2003 Item No. 32 WIRELESS SERVICE AGREEMENT THIS AGREEMENT is made by and between the City of Lubbock located in Lubbock, Texas (hereinafter referred to as the "City") and Nextel Partners Operating Corp. and Shamrock Wireless. WHEREAS, the City has issued a Request for Proposal (RFP# 098-0-2003/RW) for Wireless Services, and; WHEREAS, the City of Lubbock and Nextel Partners Operating Corp. and Shamrock Wireless, desire to enter into an agreement with regard to the proposal to provide the Wireless Services solicited by Request for Proposals No. 098-0-2003/RW, and; WHEREAS, the response to the original RFP (Exhibit B) is to be considered an addendum to this contract as if fully copied therein and made a part hereof by reference, except where it conflicts with this contract, wherein this contract shall take precedence, and; WHEREAS, this is not an exclusive contract and other vendors may also provide Wireless Services to the City; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Nextel Partners Operating Corp. and Shamrock Wireless agree as follows: ARTICLE I — FEES AND PAYMENTS A. The City shall pay Nextel Partners Operating Corp. the fees and charges as specified in the RFP Response for wireless services and equipment. B. Attached and incorporated is Exhibit A of this contract that will provide details of monthly rates. C. This cunt—ct w;11 be for a minimum of one hundred -thirty fvc 151 wireless phones using Nextel Partners Operating Corp. service during this contract period. The City reserves the right to make changes to these phones as long as the total number of phones in service does not drop below one hundred - thirty five (135) for more than thirty days. D. The City is tax exempt and will provide a tax exemption certificate upon request. E. All invoices will be detailed and broken down by phone number. All billing should be in the electronic format during the period of this contract. Billing for the previous month will be sent within two weeks of end of billing cycle. Billing may fall at a different billing cycle than the first of the month. F. Any wireless service, which is added during the term of this contract, will become part of this contract and such service will expire at the end of this Wireless Services and Equipment City of Lubbock & Shamrock Wireless 1 contract. City understands that equipment pricing for subsequently added units without extending contract will be at regular retail pricing and that promotional discounts will not apply. G. If the number of wireless phones falls below one hundred -thirty five (135) for more than thirty days, the City will be liable for an early termination charge of $200.00 per wireless number. H. The City shall be entitled to support as described in this Agreement and in the RFP Response. Charges for any additional services will be negotiated on a case -by -case basis. I. Wireless charges are calculated in 60-second increments of usage with the rate remaining constant regardless of the time of day or day of week. J. All installation charges are waived. K. The roaming administration fee is waived. L. All equipment must be pre -approved through the Telecommunications Department. The City is not liable for costs of equipment that has not been approved through the Telecommunications Department. M. Equipment purchases should not be a part of the electronic usage billing. N. Invoices should be sent to the TelecommunicationG Department. O. This is not an exclusive contract. The City reserves the right to contract with other wireless service providers should the City so desire. ARTICLE II - SUPPORT A. Shamrock Wireless will supply a toll free number to provide 24 hours x 7 days technical service at no charge. B. In an emergency, Nextel Partners Operating Corp. will make their best effort to provide wireless phones and service for specified time periods at proposed rates without penalty. C. In an emergency, Nextel Partners Operating Corp. will make their best effort to provide Cellular On Wheels (COWs) equipment to the City at no additional charge. D. Shamrock Wireless will provide loaner phones during repair of wireless equipment. E. Shamrock Wireless will re -program wireless sets as necessary without additional costs. F. Shamrock Wireless will analyze phone usage and recommend alternative plans as needed. G. Shamrock Wireless will provide pick up and delivery when requested and shall be responsible for damage or loss of phone if damage or loss occurs after removal from the City by Shamrock. ARTICLE III— TERMINATION AND TERM A. This contract can be terminated if access is not available (i.e. fast busy or no signal) in excess of 20% of the number of times a line is requested, measured Wireless Services and Equipment City of Lubbock & Shamrock Wireless 2 tic 3 - � o04 on a weekly basis within standard coverage areas by Nextel Partners operations reports. B. This contract will be for a period of two years with an option upon mutual agreement in writing of both parties to renew for two additional one-year periods. ARTICLE IV — ASSIGNMENT This agreement shall not be assignable by either party without the prior written consent of the other party, and any attempted assignment shall be void. No assignment of this Agreement shall be valid until and unless consented to in writing by the consenting party and assumed by the assignee in writing. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. The provisions contained in the Nextel Subscriber Agreement regarding Assignment will apply. ARTICLE V — TERMS AND CONDITIONS Nextel Partners Operating Corp.'s standard Terms and Conditions as stated on the reverse side of the Subscriber Agreement apply unless otherwise agreed herein. A copy of the Nextel Subscriber Agreement is attached hereto (Exhibit C). ARTICLE VI - NOTIFICATIONS All notices, approvals, acceptances, and consents required by this Contract shall be in writing and addressed as follows: City of Lubbock ATTN: Telecommunications Coor P.O. Box 2000 Lubbock, Texas 79457 Phone (806) 775-2376 Fax (806) 775-3033 Nextel Partners Operating Corp. ATTN: Steve Dana 4413 71st, Suite G-100 Lubbock, Texas 79424 Phone (806) 788-4900 Fax (806) 788-4940 ARTICLE VI — ENTIRE AGREEMENT This agreement supersedes all prior proposals, oral or written, all previous negotiations and all other communications or understandings between Shamrock Wireless and the City with respect to the subject matter hereof. It is expressly agreed that if the City issues a purchase order or other document for the services provided under this Agreement, such instrument will be deemed for the City's internal use only, and any provisions contained therein shall have no effect whatsoever upon this Agreement. This Agreement sets forth the sole and entire understanding between Shamrock Wireless and the City with respect to the subject matter. No amendments to this Agreement, either at the execution or Wireless Services and Equipment City of Lubbock & Shamrock Wireless 2 U 03- iz0L4$q subsequently, shall be binding on Shamrock Wireless or the City unless agreed to in writing by both parties. ARTICLE VII — GOVERNING LAW This Contract shall be governed by, subject to, and construed according to the laws of the State of Texas. ARTICLE VII - APPLICABLE LAW Nextel Partners Operating Corp. agrees to comply with all applicable local, state, and federal laws, regulations, and orders relating to the services, including but not limited to fair and equal opportunity practices and policies. EXECUTED this 23rd day of October , 2003 SHAMROCK WIRELESS: CITY OF LUB C . BY: Z,: , Marc Mc ga , Mayor TITLE: C10TE T: R ecca Garza, City �Secretaryy APPROVED AS TO CONTENT: ' Dmc- Y6EairR\AW6Q— i APPROVED AS TO FORM: Linda Chamales Supervising Attorney, Office Practice EXHIBIT A: Wireless Services and Equipment City of Lubbock & Shamrock Wireless Resolution No. 2003—RO484 EXHIBIT A: National Shared Value 300 $35.99 per phone per month Includes: • Pooled cellular and radio minutes consist of: 0 300 Cellular minutes per phone 0 250 Two way minutes per phone 0 3,450 Night & Weekend Cellular minutes • Incentive of 50% off first month rate plan charges • Initial phones will be at no cost to City of Lubbock o Minimum 115 i35s phones o Minimum 20 i60c phones 0 10 Extra phones for instant exchange • Voice Mail at no extra costs • Caller I D at no extra costs • 90 day period to determine 2-way minutes and cellular minutes available for plan changes • Text Messaging available from computer to phone or/ phone to phone at no extra costs • Accessories: o Wall Charger at no extra costs o Car Charger at no extra costs o Leather Case with Belt Clip at no extra costs o Hand Free Unit at no extra costs o High Capacity Batteries at no extra costs Wireless Services and Equipment City of Lubbock & Shamrock Wireless 2W3 - �-0469 Wireless Services and Equipment City of Lubbock & Shamrock Wireless Resolution No. 2003 R0484 RFP #098-03/RW, Wireless and Cellular Services for the City of Lubbock SUBMIT TO: T r 4 CITY OF LUBBOCK CITY OF LUBBOCK TEXAS PURCHASING DEPARTMENT �� 1625 13TH STREET, RM L04 t LUBBOCK, TX 79401-3830 AN EQUAL OPPORTUNITY REQUEST FOR PROPOSAL #098-03/RW CONTACT PERSON: Randy Wood EMPLOYER TEL: 806.775.2167 FAX: 806.775.2164 http://purchasing.ci.lubbock.tx.us TITLE: SUBMITTAL DEADLINE: Wireless and Cellular Services for the City of Lubbock July 2, 2003, 3:00 PM CST PRE PROPOSAL DATE, TIME AND LOCATION: Any proposals received after the time and dote June 17, 2003, 10:00 AM CST, Planning Conference Room 107 listed above, regardless of the mode of delivery, shall be returned unopened. RESPONDENT NAME: IF RETURNING AS A "NO RESPONSE-, PLEASE STATE REASON. MAILING ADDRESS: CITY - STATE - ZIP: THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS IN WHOLE OR IN PART AND WAIVE ANY INFORMALITY IN THE COMPETITIVE PROPOSAL. PROCESS. FURTHER, THE CITY RESERVES TELEPHONE NO: THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY. IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS FAX NO: REQUEST PERMITS COMPETITIVE PROPOSALS. IT IS THE OFFEROR'S RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANY COMBINATIONS E-MAIL: THEREOF, INADVERTENTLY RESTRICTS OR LIMITS THE REQUIREMENTS STATED IN THIS RFP TO A SINGLE SOURCE. SUCH NOTIFICATION MUST BE FEDERAL TAX ID N0. OR SOCIAL SECURITY NO. SUBMITTED IN WRITING AND MUST BE RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE. THE OFFEROR HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS PROPOSAL IS BASED ON THE FOLLOWING ADDENDA: #1 #2 #3 #4 #5 (Please Initial) The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, job, work or service for the municipality or be interested in the sale to the City of any supplies, equipment, material or articles purchased. WTU any officer or employee of the City, or member of their immediate family, benefit from the award of this proposal to the above firm? YES NO IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED OFFEROR HAVING EXAMINED THE REQUEST FOR PROPOSAL, AND BEING FAMIUAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN PROPOSAL REJECTION. By my signature I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree that if the offer is accepted, the offeror will convey, sell, assign, or transfer to the City of Lubbock ail right, title, and interest in and to all causes of action it may now or hereafte r acquire under the Anti -tent laws of the United States and the State of Texas for price fixing relating to the particular commodity(s) or service (s) purchased or acquired by the City of Lubbock. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the vendor. Authorized Signature Title Print/Type Name Date THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE. 098-03/RWRFPSVC.doo RFP N098.03/RW, Wireless and Cellular Services for the City of Lubbock Wireless and Cellular Services for the City of Lubbock CITY OF LUBBOCK, TEXAS RFP #098-03/RW The City of Lubbock appreciates your time and effort in preparing your proposal. All offerors should familiarize themselves with the following INSTRUCTIONS TO OFFERORS and GENERAL REQUIREMENTS: I. INSTRUCTIONS TO OFFERORS PROPOSAL DELIVERY, TiME l3 DATE 1.1 The City of Lubbock will receive written and seated competitive proposals for Wireless and Cellular Services for the City of Lubbock until 3:00 p.m. CST, July 2, 2003 at 3:00 PM if date/time stamped on or before 3:00 PM at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the offeror. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the tower left-hand corner: "RFP #098-03/RW, Wireless and Cellular Services for the City of Lubbock " and the closing date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Offerors are responsible for making certain proposals and proposed contracts are delivered to the Purchasing Department. Mailing of a proposal does not ensure that the proposal wilt be delivered on time or delivered at all. If offeror does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of proposals, including those relegated to a courier agent who faits to deliver in accordance with the time and receiving point specified. 1.3 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or tetefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.4 Proposals may be withdrawn prior to the above scheduled time set for closing. Alteration made before RFP closing must be initiated by offeror guaranteeing authenticity. 1.5 The City of Lubbock reserves the right to postpone the date and time for accepting proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposal (RFP) documents, a Pre -proposal meeting will be held at 10*00 AM on June 17, 2003, at 1625 131h Street, Municivat Building, Planning Conference Room 107, Lubbock. Texas. Alt persons attending, the conference will be asked to identify themselves and the prospective offeror they represent. 098-o3/RWRFPSVC.doc 2 rZQO� - U49q RFP #098.03/RW, Wireless and Cellular Services for the City of Lubbock 2.2 It is the offeror's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -proposal meeting to offerors who do not attend the pre -proposal meeting. 2.3 The City of Lubbock does not discriminate against person with disabilities. City of Lubbock pre -proposal meetings are available to all persons regardless of disability. If you would like information made available in a more accessible format or if you desire assistance, please contact the City of Lubbock ADA Coordinator, 1625 13th Street, (806)775-2018 at least forty-eight (48) hours in advance of the conference. CLARIFICATION OF REQUIREMENTS 3.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. it is the offeror's responsibility to advise the City of Lubbock Purchasing Manager if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) business days prior to the proposal closing date. A review of such notifications will be made. 3.2 ALL REQUESTS FOR ADDITIONAL INFORMATION 'OR CL-MFiCATION'CONCERNING THIS REQUEST FOR PROPOSAL. (RFP). MUST; BE SUBMITTED IN WRITING NO LATER THAN FiVE (5) BUSINESS DAYS PRIOR TO, THE'.PROPOSAL.CLOSiNG`.DATE:AND ADDRESSED TO: Randy Wood, Buyer City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: rwood@mail.ci.lubbock.tx.us 4 ADDENDA & MODIFICATIONS 4.1 Any changes, additions, or clarifications to the RFP are made by amendments (addenda). 4.2 Any offeror in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation thereof from the Purchasing Department. At the request of the offeror, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all offerors receiving the original Request for Proposal (RFP) and will become part of the proposal package having the same binding effect as provisions of the original RFP. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days prior to the proposal closing date. 4.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. Any amendment or interpretation that is not in writing shall not legally bind the City of Lubbock. Only information supplied by the City in writing or in this RFP should be used in preparing proposal responses. All contacts that an offeror may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this RFP should be disregarded in preparing responses. 098-03/RWRFPSVC.doc 3 2-Oc�3 - UY-1 S44 RFP #098-031RW, Wireless and Cellular Services for the City of Lubbock 4.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 5 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 5.1 Each offeror shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements prior to submitting a proposal to ensure that the proposal meets the intent of this RFP. 5.2 Before submitting a proposal, each offeror shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this RFP. Failure to make such investigations and examinations shalt not relieve the offeror from obligation to comply, in every detail, with at( provisions and requirements of the Request for Proposal. 6 PROPOSAL COPIES 6.1 OFFEROR'S MUST SUBMIT THE ORIGINAL AND THREE COPIES OF THE SEALED PROPOSAL TO THE PURCHASING DEPARTMENT PRiOR TO RESPONSE DUE DATEITIME. FAILURE TO SUBMIT THE ADDITIONAL COPIES MAY RESULT IN THE PROPOSAL BEING DECLARED UNRESPONSIVE TO SPECIFICATION AND MAY NOT BE FURTHER EVALUATED. 6.2 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all electronic media, reports, charts, and other documentation submitted by offerors shall become the property of the City of Lubbock when received. 7 PROPOSAL PREPARATION COSTS 7.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 7.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 8 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 8.2 Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. Alt proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection. 8.3 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection wilt be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the 098-031RW RFPSVC.doc 4 20073- (Lo4,�4 RFP f1098.03/RW, Wiretess and Cellular Services for the City of Lubbock Local Government Code, then such information will be made available to the requester. 8.4 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 9.1 The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this RFP, Disadvantaged Business Enterprises (DBFs) will be afforded equal opportunities to submit proposals and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 9.2 A DBE is defined as a small business concern which is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 10 CONFLICT OF INTEREST 10.1 The Offeror shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 10.2 By signing their proposal, the offeror certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this RFP. 11 AN71-LOBBYING PROVISION 11.1 DURING THE PERIOD BETWEEN PROPOSAL SUBMISSION DATE AND THE CONTRACT AWARD, PROPOSERS, INCLUDING THEiR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR PROPOSAL WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CiTY STAFF EXCEPT IN THE COURSE OF CiTY-SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 11.2 This provision is not meant to preclude offerors from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential offerors, assure that contract decisions are made in public, and to protect the integrity of the RFP process. Violation of this provision may result in rejection of the offeror's proposal. 12 AUTHORIZATION TO BIND SUBMITTER OF PROPOSAL Proposals must show vendor name and address of offeror. The original proposal must be manually signed by an officer of the company having the authority to bind the submitter to its provisions. Person signing proposal must show title or AUTHORITY TO BIND THEIR FiRM IN A CONTRACT. Failure to manually sign proposal will disqualify it. 13 ABOUT THIS DOCUMENT This document is a Request for Proposal. It differs from an Invitation to Bid in that the City of Lubbock is seeking a solution, as described in the following General Requirements section, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest price proposed will not guarantee an award recommendation. Sealed proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, availability or capability, may be overriding factors, and 098-03/RWRFPSVC.doc 5 RFP W9"3/Rw, Wireless and Cellular Services for the City of Lubbock price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well an offeror's approach meets the desired requirements and needs of the City of Lubbock. Those criteria that will be used and considered in evaluation for award are set forth in this document. The City will thoroughly review all proposals received. The City will also utilize its best judgment when determining whether to schedule a pre -proposal conference (before proposals are accepted), or meetings with offerors (after receipt of all proposals). A Purchase Order/Contract wilt be awarded to a qualified offeror submitting the best proposal. The City reserves the right to select, and subsequently recommend for an award, the proposed service which best meets its required needs, quality levels, and budget constraints. 14 EVALUATION PROCESS 14.1 All proposals will be evaluated by an evaluation committee and may include senior management representatives, a financial officer, and/or an independent consultant. 14.2 Respondents to this RFP may be required to submit additional information that the City may deem necessary to further evaluate the offeror's qualifications. 14.3 The committee wilt evaluate and numerically score each proposal in accordance with the evaluation criteria included in the Request for Proposal. 14.4 The committee will arrive at a short list of the top respondents and these short-listed respondents may be scheduled for a structured oral presentation and interview. Such presentations will be at no cost to the City of Lubbock. At the end of the oral presentation and interview, the evaluation of the short-listed respondents wilt be completed. The oral interview may be recorded and/or videotaped. 15 SELECTION 15.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 15.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 16 EQUAL EMPLOYMENT OPPORTUNITY Offeror agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violative of Title Vii of 1964 Civil Rights Act and amendments, except as permitted by said taws. 17 NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then - current year for the goods or services covered by this contract is spent, whichever event occurs first. if at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Setter on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 098-03/RWRFPSVC.doc 6 RFP #098-03/RW, Wireless and Cellular Services for the City of Lubbock 18 PROTEST 18.1 All protests regarding the RFP process must be submitted in writing to the City Purchasing Manager within five (5) business days following the opening of proposals. This includes all protests relating to advertising of notices, deadlines, proposal opening, and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the RFP process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Council by contacting the Executive Assistant to the City Council. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 18.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. 098-03/RW RFPSVC.doc RFP #098-03/RW, Wireless and Cellular Services for the City of Lubbock VENDOR REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this RFP. THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL REFERENCE ONE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Contract Period: Scope of Work: REFERENCE TWO Government/Company Name: Address: Contact Person and Title: Phone: Fax: Contract Period: Scope of Work: REFERENCE: THREE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Contract Period: Scope of Work: 098-03/RWRFPSVC.doc 8 2 00---5 - "4 '�L4 RFP k098-03/RW, Wireless and Cellular Services for the City of Lubbock HiGH TECHNOLOGY RFP FOR CELLULAR PHONE SERVICES INTRODUCTION AND OVERVIEW The City of Lubbock is issuing a Request for Proposal (RFP) under the guidelines of a High -Technology RFP, and the award of the contract shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price, qualifications, experience, references, local support and service, and other evaluation factors set forth in the request for proposal. Receipt of any proposat shalt under no circumstance obligate the City of Lubbock to accept the best price offering. The Contract Agreement awarded under this RFP will grant to the successful respondent rights for cellular phone services for the City of Lubbock, Texas for a period of one year with two one-year options to renew. CURRENT ENVIRONMENT The City of Lubbock currently uses Cingular and Western Wireless (Cell One) for its cellular phone service at a per minute rate. The City of Lubbock has approximately 455 Cellular Phones in service, incurs an average of $13,600.00 per month in charges and uses approximately xxxx minutes per month. Based on the results of the RFP and need, the number of cellular phones needed may change. SCOPE These specifications encompass the requirements for Vendor response via seated proposals for Cellular Phone services. The responder to this Request for Proposals shall be wholly responsible to ensure that the services offered shalt meet the City of Lubbock's requirements. VENDOR RESPONSIBILITIES The Vendor shall bear the following responsibilities: 1. Vendor shall be responsible for a complete, turnkey, installation of cellular services for the City of Lubbock without any interruption in service. 2. Vendor shall provide training and appropriate documented instructions to the City of Lubbock for the use of its proposed cellular services. 3. Vendor shalt demonstrate, by local references, prior to acceptance of proposal, that the cellular services being proposed to the City of Lubbock wilt perform as represented in the proposal. (Cellular phones should be available for a trial period during the RFP process to confirm service availability) 4. Vendor shall provide fixed price services for one year with two one-year options to renew. 098-03/RWRFPSVC.doc 9 2oaS - U4W RFP #09"3/14W, Wireless and Cellular Services for the City of Lubbock 5. Provide a map detailing your coverage area. If the coverage area increases in size for other customers of the Vendor, then the City of Lubbock should have the option to increase its service area. Areas where roaming charges apply shall be clearly indicated. Indicate which cell sites your company owns and which ones are owned by other companies, with which you have coverage agreements. b. If a government agency in the State of Texas is given a lower rate during the life of this proposal, the lower rate will apply to this proposal. 7. Legal venue for this proposal will be Lubbock County and Choice of Law for this proposal will be Texas. 8. Furnish a map, indicating the location of cellular tower sites that will be used to provide the cellular service included in this proposal and their coverage area. RIGHTS OF THE CITY OF LUBBOCK The City of Lubbock reserves the right to award these services on the basis of responses to this RFP or an agreement / proposal with the State of Texas, for cellular services, which ever is deemed solely by the City to be in its best interests. The City of Lubbock reserves the right to negotiate any and all parts of the proposals received, reject any and all proposals, or to accept selected components of any proposal. The City of Lubbock reserves the right to award these services for all existing number of phones, some of the phones or none of the phones, which ever is deemed solely by the City to be in its best interests. If a responding Vendor or their parent company has an agreement or proposal in effect with the State of Texas, indicate what the agreement / proposal is and how it compares to your proposal to the City. SELECTION CRITERIA 20% Quality of references received from business users of the Vendor's Cellular services and financial information provided by the Vendor. 20% Ease of access to cellular services and coverage areas. 2076 Adequacy of reporting (invoicing) to enable City to allocate charges by employee, i.e. electronic billing. (Including allowing showing the incoming phone numbers on the bill) 30% Net monthly cost to the City for cellular services. 10% Disaster plan for Cellular services. The successful Vendor(s) must score at least 80% of each of the above evaluation criteria. DETAIL SPECIFICATIONS Vendor shall indicate to what extent the cellular services being proposed meet, exceed or falls short of the stated requirements. This discussion is to follow each specification description. Discussion such as "Meets all specifications" or "See attached specifications" do not qualify as explanations of what the Vendor is proposing. 1. in the event of an incident, such as the Oklahoma City bombing or a weather related disaster, how would you ensure cellular phone service for our Emergency Management Team and Public Safety Group? What would be your response time in activating this plan? 098-03/RWRFPSVC.doc 10 _ VU4 RFP #098.03/RW. Wireless and Cellular Services for the City of Lubbock 2. In the event that a cellular phone is cloned by a hacker and the number is being used by an unauthorized user, how does your company check for this kind of activity and what would the City's liability be? 3. Discuss how charges for cellular phone calls are calculated. The City expects that charges will be calculated on increments of thirty (30) seconds or less, with no minimum. Will the rate be the same for 24 hours per day 7 days a week? If not, discuss other rates and the hours available. 4. Describe how the City will be converted to the proposed cellular services. The City expects that the cutover to these services will be done without interruption of cellular phone services and at no cost to the City. Also in the situation of a mass changeover of a type of phone the City is using (instigated by the cellular vendor) shall not be liable for the expense of the phones or accessories. 5. Explain any other charges, costs, fees, etc., that the City could/witl incur by using the Vendor's Cellular services. Discuss any minimum charges that will be incurred by the City. 6. Explain how the City's designated long distance vendor will be designated as the long distance carrier for the proposed cellular phone service. Is there a set amount of long distance free with each phone? Please explain. 7. indicate the location of your service facility and ability to provide parts and equipment. Also, indicate the hours of operation? Explain the procedure if a phone is stolen on the weekends or after hours. 8. Describe how the Vendor ensures that Cellular phone services wilt always be available to the City including during severe weather conditions. The City expects the Vendor to have these services available at all times the local telephone service is available. 9. Describe how invoices wilt be detailed so as to indicate all calls placed from or received by a telephone, including number, City and State of number, date, time of call and cost of call. Describe how the electronic billing will be handled and the formats available for the invoice. Describe what media billing wilt be provided in. Provide samples of invoices that show the above requirements. 10. Discuss how the City wilt resolve invoicing problems or receipt of late monthly bills. Where is the person located with whom the City will discuss problems? Who will this person be? 11. Discuss who wilt provide service to the City and what the response time wilt be for delivery of new or replacement phones or additional accessories. 12. List all local businesses to which you provide similar cellular services that have 100 or more cellular phones. Indicate name of business, number of cellular phones, person to contact and their telephone number. 13. In the event of a major problem, provide an escalation list of personnel that can be contacted. List name, title, location and contact phone number. 14. Are there any special programs for which the City would be eligible? 15. Describe any special features or services available with the phones utilized by your company that the City of Lubbock could utilize: 2-way radio calling, family plan calling, picture taking, pooled minutes, etc. These components will be reviewed feasibility for certain City of Lubbock work groups. 098-03/RWRFPSVC.doc 11 RFP N098.03/RW. Wireless and Cellular services for the City of Lubbock 16. Explain the process when a phone is being utilized by the City of Lubbock gets discontinued by the vendor especially how it relates to accessories for the phone, parts for the phone and replacement phones. GENERAL CONDITIONS 1. The Cellular phone services proposed must meet Federal, State and PUC requirements. The Vendor shalt be responsible for including all items required by these regulations even though these items may not be requested in these specifications. Z. Any omissions from these specifications shalt not relieve the Vendor from the responsibility of furnishing the necessary information and costs required. 3. Vendor shall include five (5) copies of their Proposal, including illustrative and technical data covering the proposed services. Also include a sample contract and warranty description, if applicable. 4. Vendor shall include the financial information for the Vendor and the Vendor's parent company, if any. PROPOSAL FORMAT Prefacing the proposal, the respondent shall provide an Executive Summary of three (3) pages or less, which gives in brief, concise terms, a summation of the proposal. Include descriptions of primary and alternative configurations. The proposal itself shall be organized in the following format and informational sequence: Letter Of Transmittal 1. Statement of Services to be Provided Z. Signed Request or Proposal 3. Respondent Information 4. Technical and Performance Response 5. Installation and Operational Plan 6. Financial Offer The letter of transmittal should be physically signed by an officer of the firm and include the following: • Name, address, and identification number (SSN or FEIN) of the respondent. • Name, title and telephone number of the individual authorized to commit the respondent, if different from above. • Name, title and telephone number of the individual to be contracted regarding the content of the RFP proposal, if different from above. • City and state of respondent's corporate headquarters, if different from above. 09"3/RWRFPSVC.doc 12 �Ma - UM4 RFP #098-03/RW, Wireless and Cellular Services for the City of Lubbock • A statement ensuring validity of the proposal for at least ninety (90) days. • A statement that the respondent understands and will comply with the various clearance procedures required by the City including equal opportunity and tax clearance certification. Business Organizations: State full name and address of your organization and identify parent company if you are a subsidiary. Specify the branch office or subordinate element, which will perform, or assist in performing, work herein. Indicate whether you operate as a corporation, partnership, or individual. Include the State in which incorporated or licensed to operate. System Concept and Solution: Define in detaii your understanding of the problem presented earlier in this request for proposal and your system solution. Provide all details required in addition to those facts you deem necessary to evaluate your proposal. Proiect Management Structure: Provide a general explanation and chart, which specifies project Leadership and reporting responsibilities. If use of subcontractors is proposed, identify their placement in the primary management structure, and provide internal management description for each subcontractor. Prior Experience: Describe general relevant corporate experience providing service to organizations similar in size, complexity and type of government. o List at least five (5) customer references, concentrating on organizations with similar environments, preferably within the state. Even more preferable are customer references in the area. o A list of existing city, county, or other public entity users of similar systems provided by the respondent must be included. Please give the client name, contact person, address, telephone number, and number of cell phones of five of your customers. These references must have a minimum of 100 cell phones. Company Name Address Telephone # Contact Person Number of phones Years in Service Personnel: Include names and qualifications of all professional personnel who will be assigned to this project. State the primary work assigned to this person and the percentage of time each person will devote to this work. Identify key persons by names and title. Provide all resumes. Authorized Negotiator: Include name, address and telephone number of person in your organization authorized to negotiate contract terms and render binding decisions on contract matters. Cost Proposal: Complete a cost proposal evaluation matrix for the equipment specified. Be sure to indicate the costs for each device type. Be sure to include discounts, where applicable, and type of payment (monthly, annually, etc.). 098-03/RWRFPSVC.doc 13 2003 - "W RFP #098-03/RW, Wireless and Cellular services for the City of Lubbock ANY ADDITIONAL COSTS MUST BE CLEARLY INDICATED Exceptions: any exception to this RFP must be explicitly indicated in a section titled "Exceptions." ACCEPTANCE TESTING The successful respondent shall demonstrate a complete capability to maintain compliance with this proposal specification. SERVICE COSTS Regular Cellular Phone Service: Cost per 30 second or less bitting increment: Option cost for call forwarding: Option cost for call waiting: Option cost for 3-way conference call: Option cost for voice mail: Monthly detailed electronic bitting: Roaming Charges: Accessories (car charger, handsfree, case): Other Charges: (include phone models available and unit costs.) 09"3/RWRFPSVC.doc 14 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: RFP #098-0-2003, Addendum #1 «� ADDENDUM #9 RFP #098-0-2003/RW Wireless and Cellular Services for the City of Lubbock June 18, 2003 July 2, 2003 @ 3:00 P.M. July 8, 2003 @ 3:00 P. M. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Can we get a copy of your last 3 months phone bills that include the usage of each phone? The total usage in minutes for the City for a 3-month period follows: February 111,658 March 108,812 April 113,351 Individual phone detail is available in the Purchasing Department for viewing. 2. How many phones will the City of Lubbock need? As stated in the RFP under the Current Environment section, the City currently has approximately 455 active phones but depending on the results of the RFP and departmental need, the number could fluctuate. 3. How many phones are with Cingular and CellOne? Currently we have about 455 active phones. The monthly bills show a larger number due to the vendors having additional numbers set aside for expansion that are not being used. 4. Is this RFP for voice service only? Yes 5. What are the total amounts of phones you will need for your evaluation? The City of Lubbock needs a minimum of 6 for the trial period to use until the RFP closes but we would prefer 10 to 12 to get them into several areas of the organization. 6. Can the RFP be extended? The Deadline can be extended to July 8 to ensure enough time for response. 098-0-2003/Rwaddl 20Us - (ZO4 � q RFP #098-0-2003, Addendum #1 7. Is there a potential that the RFP will be awarded to rr u' ltiple vendors? Yes. 8. When do you anticipate the RFP be awarded? It is anticipated for the contract to go to City Council on August 6 pending any internal timing issues. 9. Please include six copies and one original when submitting proposals. All requests for additional information or clarification must be submitted in writing and directed to: Randy Wood, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: rwood@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Randy Wood Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 098-0-2003/Rwaddl RFP #098-0-2003, Addendum #2 2003 -� 4 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #2 RFP #098-0-2003/RW Wireless and Cellular Services for the City of Lubbock June 20, 2003 July 8, 2003 @ 3:00 P. M. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. What is the break down on how many active Cingular phones and active Cell One phones the City of Lubbock is currently using? The following number of phones is from the latest monthly data available: Cingular - 247 active phones Cell One - 165 active phones 2. The City of Lubbock needs a minimum of 6 phones for the trial period to use until the RFP closes but we would prefer 10 to 12 to get them into several areas of the organization. If a vendor intends to submit these phones for the trial period they need to be turned into the Purchasing department by June 24, 2003 @ 3:00 P.M. Questions may be faxed to: or Email to: Randy Wood, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 rwood@mail.cHubbock.tx.us THANK YOU, C OFLUBBOCK Randy Woo Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. /, 098-0-2003/Rwadd2 RFP #098-0-2003, Addendum #3 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #3 RFP #098-0-2003/RW Wireless and Cellular Services for the City of Lubbock June 23, 2003 July 8, 2003 @ 3:00 P. M. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The City of Lubbock needs a minimum of 6 phones for the trial period to use until the RFP closes but we would prefer 10 to 12 to get them into several areas of the organization. The date has been extended for phones to be turned into the Purchasing department until June 26, 2003 @ 3:00 P.M. Questions may be faxed to: or Email to: Randy Wood, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 rwood@maii.ci.lubbock.tx.us THANK YOU, OF LUBBOCK andy Wood Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. i. 098-0-2003/Rwadd3 2Uv3- aJ)(A N RFP #098-0-2003. Addendum #4 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 hftp://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #4 RFP #098-0 20031RW Wireless and Cellular Services for the City of Lubbock June 25, 2003 July 8, 2003 @ 3:00 P. M. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Exactly how many references is the city requiring and where in the response should we include this information? Please include five references with the proposal. 2. On page 12, it appears that everything listed under "Letter of Transmittal" is to be included *ail on pages 12 & 13 *. It is our assumption that the following is what the City is looking for regarding format: > Executive Summary > Signed RFP > Letter of Transmittal: > Includes on the bullet points on pages 12 and 13 > Vendor Responsibilities: Responses to 1-8 on pages 9 & 10 > Detail Specifications: Responses to 1-15 on pages 10 & 11 > Service Proposal: Responses to all listed on pages 13 & 14 This will be fine. 3. On Page 13> System Concept and Solution: States. "Define in detail your understanding of the problem presented..." It is unclear as to the existing "problem" other than the City is looking for a new wireless provider and more efficient solution to your needs. Is there another "problem" stated in the RFP that we are not seeing? No, please provide a proposal for Wireless and Cellular Services for the City of Lubbock. 4. Please provide the number of employees with the City of Lubbock? There are 1,860 full-time but currently 2,040 because of summer and part time jobs. 098-0-2003/Rwadd4 20a�)_ "9y RFP #098-0-2003, Addendum #4 5. Our company has cellular, two-way radio (private one-to-one and group), alphanumeric paging, and wireless web applications all from one phone mji t, I was hoping to obtain the city's costs relating to two-way radios, both ongoing and incidental, as well as costs for paging, if any. The current RFP is for cellular service and does not include any services for two-way radio or alphanumeric paging. They are both under separate contracts with other vendors. 6. My company would like to arrange interviews with some of the Department heads to see how our wireless web service offers might also streamline and economize the City of Lubbock's workload. There can be no arranged meetings with department heads during the competitive sealed bidding process. Questions may be faxed to: or Email to: Randy Wood, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 rwood@maii.ci.lubbock.tx.us THANK YOU, OF LUBBOCK Randy Woo Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 098-0-20031Rwadd4 RFP #098-0-2003, Addendum #5 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: 'i ADDENDUM #5 RFP #098-0 2003/RW Wireless and Cellular Services for the City of Lubbock July 1, 2003 July 8, 2003 @ 3:00 P. M. The following items take precedence over specifications for the above named Request for Proposal (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Q: Please clarify the following point: #4 Detail Specifications pg 11 "Also in the situation of a mass changeover of a type of phone the City is using (instigated by the cellular vendor) shall not be liable for the expense of the phones or accessories." Does this mean a change from the current vendor to a new vendor and phone type or if during an awarded contract, the type of phone should change the City would not be liable for any cost at that point? A: The City would not be fiscally responsible for the changeover of the new phone expense at the beginning of the new contract or responsible for the situation of a discontinuance of a type of phone during the contract. This situation speaks to the vendor discontinuing and no longer supporting or keeping parts for the discontinued phone. 2. Q: If in the best financial interest of the City of Lubbock, would there be consideration to committing to a 2 or 3-year contract as opposed to a 1-year term? A: This can be discussed during the contract negotiation. 3. Q: Regarding your $0 MRC/. 10 per minute plan with Cingular, it is our understanding that there is a minimum minute commitment level that the City must uphold in order to receive this rate. What is that minimum monthly commitment level? A: There is not a minimum monthly commitment level. 4. Q: The city provided us with the usage for the months of February through April. Can you provide a breakdown of the minute type and by carrier? i.e. Cingular: X in February/Cell One X in February and whether it is Anytime, Nights & Weekends or Mobile to Mobile? 098-0-2003/Rwadd5 RFP #098-0-2003, Addendum #5 A: February Cell One - .� Peak 48,036 Off Peak 2,116 Weekend 5,598 Cingular - 55,908 (detail not available) March Cell One Peak 51,094 Off Peak 1,811 Weekend 7,220 Cingular - 48,687 (detail not available) April Cell One Peak 53,612 Off Peak 2,374 Weekend 5,068 Cingular - 52,297 (detail not available) Randy Wood, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 - or Email to: rwood@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Randy Wo Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 098-0-2003/Rwadd5 EXHIBIT C: Wireless Services and Equipment City of Lubbock & Shamrock Wireless NEXI—FEL Subscriber Agreement �n Account No. I I 1 I I I I I I Delivery Method Submarket Page of BAN Fleet: ❑ Business ❑ Builders ❑ Private Sales Source Order # Sales Assoc. Agent Code PTN# BAN INFORMATION BILLING / SHIPPING INFORMATION ❑ Hierarchy 0 Business O Individual (Check the box of the entity legally responsible for the payment of this account. The credit check will be performed on this entity.) Full Customer Name Billing Address Credit Address City State Zip Credit Address County City State Zip Billing Contact County DUNS# Phone ( ) Fax ( ) Tax ID or Social Security # DOB E-Mali Address Valid ID or Driver's License if State Shipping Address i] Tax Exempt (attach certificate) Tax ID No. City State Zip ADDITIONAL Name AUTHORIZED CONTACTS Name Phone Passcode Phone NETWORK SERVICES No. Monthly Access of Units Price Plan & Services Discount Per Unit Monthly Total $ $ TOTAL 1111 DIRECT PROTECT NEKTEL SERVICE PLAN (NSP) If you subscribe to the Direct Protect program, you acknowledge that the equipment 1 agree to enroll my entire account on the N listed here is in your possession and in good working order, you have received, Service Plan. I have read and understood the t read, and understood the terms and conditions under which the insurance is and conditions of the NSP program. I unders offered as outlined in the insurance brochure. Customer acknowledges that the the program will remain in effect as long ai is Nextel insurance protection is offered by The Signal, that Nextel acts only as a billing agent for The Signal and that any claims regarding the insurance or its administrator equipment active on the system, provide written notice to Company at the add shall be directed to The Signal. shown on my bill to discontinue my enrolls In NSP. Accept Decline Icweomsr mmml tantamrtduahl Accept Decline All failure to affirmatively accept Direct Protect shall be deemed denial of coverage by customer. Activation of Direct Protect coverage after the initial sale and delivery of equipment may be subject to a 30 day delay in coverage effective date. ORDER TYPE I ACCT TYPE I BAN TYPE O New ❑ Add -On ❑ Equip. ❑ Service ❑ 1P ❑ Al/S1 ❑ AM/SX ❑ Indiv./Priv ❑ Business ❑ Corp. ❑ Gov't Sub Account ❑ Equip. BAN ❑ Seervice PAYMENT INFORMATION ❑ Check No. Bank # Acct# ❑ FedEx COD ❑ EFT ❑ Western Union ❑ PO (attach): Service PO# Equip PO# ❑ Credit Application # Credit Score ❑ Deposit Amt Rec'd $ Balance Due $ ❑ Credit Card: ❑ AMEX ❑ VISA ❑ MC Credit Card No. Name Printed on Credit Card Cardholder Billing Address Exp. Date Security Code Signature SERVICE AUTHORIZATION: The person or entity described above (the "Customer) applies and hereby subscribes for wireless telephone service and, N selected by Customer, certain data, information and email services (collectively, "Service" or "Services') provided by Nextel Communications or an affiliated entity (the "Company's and/or the purchase of phones, accessories and other Items (the "Equipment) from the Company, and has read, understands, agrees to and hereby accepts the terms and conditions in this Agreement. Customer understands that Company will rely upon the information provided herein and the lease/credit application In making a decision to extend credit with regard to Services and the purchase of Equipment, and Customer certifies that all Information Is true and correct. Customer understands that Company will verify Customer's bank references (and authorizes the above named institutions to disclose information of the named accounts) and perform a credit history check utilizing standard commercial credit reference services In connection with Company's review of the Customer's credit worthiness. Customer understands that a security depositor airtime usage limit maybe required pending credit review. The undersigned hereby acknowledges and represents that he/she has the authority to execute this Subscriber Agreement on behalf of the Customer. Customer has read, understands and agrees that a $200 cancellation fee per unit will be charged to customer for cancellation within the service term, as stated in Section 2 on the reverse of this form. If no box Is checked above, default is one-year term. Customer Signature Title Date ! / Tlme I have verfiied that the signer of this document is the same person whose drivers license has been presented. Customer Print Name E-Mall Address Phone (`� Sales Rep Signature (Decision Maker) 601(6/23/03) WHITE -Order Entry YELLOW -R/eCopy PINK -Customer Copy Q N TERMS AND CONDITIONS In consideration of the sums and the mortal covenants and conditions hominafeerse, forth, the parties agree.15 Ifws I. USE OF SERVICE - By execuring this Agreement, Customer acknowledges that it complies with all FCC ruin and regulations. Customer will not sue the Service for any unlawful purpose. Customer will not use the Service in aircraft or in motor vehicles where prohibited by law, ordinance or regulation, as applicable. Customer ackn.wlcdg. and agrees that all future purchases of Company Services and Equipment by customer shall be governed by the term and condidum contained herein unless Customer and Company enter into a subsequent Service/Subseriber Agreement. Company may change this Agreement at any time. Any changes arc effective when Company provides Customer with written notice staring die rffmiw date of ,hr change(,). If Customer deea to sew the Services or make any payment to Company on or after the Nnarive date of the changes. Customer is deemed to haw accepted she change(,). If Cunomer does not accept the changes. Customer may terminate Services as of the effective date at the addressshown on Customer's big. If Services are terminated before the end of the content billing cycle, (i) no credit or «hind will be provided for unused airtime; and (if) any monthly recurring charge will not be prorated to the date of elimination. 2. TERN- The Service Tenn aNitk Agrectsent shall be specified on the Subscriber Agreement Form from the date hereof.Microliter, unless Customer or Company rerminates this Agreement ass+rovideel for herein, this Agreement shall automatically renew on a month-ro-month basis. Notice of termination by.usromcr shall be made only in writing to Company at dse address shown on Customer's bill. Company reserves the right not to renew this Agreement a[ any time prior to the condusion of the Service Term or any renewal term Except for a Customer termination in response to Company changes in accordance with Section I above, a $200 ancellation fie per unit will be charged to Customer for anullmion within rho Service Term, if. one ar two you Service Terns isselected on the Subscriber Agreement. If Company permits Customer to suspend Service to Customers account(s) for a mmporary period, Company may extend the term of this Agreement by rho length of the temporary suspension. 3. CREDIT APPLICATION - This Agreement shall be eondngem, upon Company's approval of Cw tomer's credit application. Company may require Customer to update is credit application or information from time to time. Customer warrants and represents that all information furnished on the credit c nlication is current, comppbete, accurate, and true. If Company subsequently determines that any statements made on the credit application are false, incomplete or inaccurate, Zompany may declare Customer to he in default under this Agreement and may exercise any moredin it hss under this Agreement at law or in equity. Customer understands that Company will rely upon the credit information provided by Customer, including but not limited to Customers social security, number or to identification number, and ;ther confidential and personal financial and credit information requested by Company and supplied b Customer, inmaid derision to pprr vide Servius. Customer consents to Company's requests for and wrifiation of Customer's bank references and Companys performance of a credit Mato` check udBvng standard commercial credit reference semi.: in connection with Company's review of the Customers creditworthines Customer acknowkdg. Char Company may provide payment history and other billing/charg information to a credit reporting agency for Inclusion in Customers records maintained by such urdit reporting agency. Customer tmderands that a security deposit or airtime usage limit may be required. 4. EQUIPMENT AND INSTALLATION - If the We 4 for ash only, tide to the Equipment shall be transferred to Customer upon mceipt by Company of a cashiers or mtifird check or other equally secure form of payment in the amount we forth on the front of this Agreement. If this Agreement provides for payments in installments or on credit, Customer hereby (i) giants Company a security interest in the Equipment and any proceeds thereof ro seem Customer's obligation to repay, the Company the exteminn of coedit in the amount of the sal. prize and other chaign or fen (including any interest or penalties assessed thereon), (ill agrees that this Agreement shall constitute a security agreement under the Uniform Commercial Code, and (ill) appoints the Company w Customer agent to execute a UCGI Financing Statement to be filed with the Secraary, of Sure, and take such other steps to perfect or confirm such security interest, army be deemed necessary or appropriate by the Compan), Company shall not be gable to Customer for delays in delivery or unavailability of Equipment or an put thereofor for the anaan llation ofany orders of Equipment by muficmra. Cwtomes, at in option, may haw the Equupment imtalled by Company at the roc specified on the fiom of,his Agreement. if Cmstumer purchaes the Equipment on credit or an installment basis, installations, cp ' , and removal of Equipment must be performed by a parry awhorired by Company. Company shall not be liable for any damage to Customers whide(s) or Equipment which may result from installation of Equipment by any person who is me employed by Company. 5. CUSTOMER RADIO EQUIPMENT - Company is not responsible for the installation, Operation, quality of transmission, or, unless separate maintenance arrangements have been nude between Company and Custom., maintenance ofxhe Equipment. Any change in Service or Equipment may require additioroll progam" "Equipment or changes to assigned codes or numbers which may require programming ha. Company reserves the right to change or remove assigned odes and/or number when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary intense in such codes or numbers. Although Federal and state laws may wake it illegal for third parties to Is,en in on service, complete privacy cannot be guaranteed. Company shall not be liable ro Customer or to any third parry for any eavesdropping on or interception of communications ham Companys System, 6. NEXTEL WIRELESS WEB SERVICES - Nolte! Wheless Web Services, consistingufternaln applications such temail, data, information and other wireless Internet services (,h< Appliationi) are pare of the Services that an be obtained through Company. Certain Applications offered by Company or authorivd third parties may be compatible with the Equipment and/or the Service offered by Company. Customer acknowledges and agmw that there is no guarantee or a suranu dat the Applications arc compatible, or will continue to be comparble, with Compmys System or any of its Equipment or Service offerings. Such compatibility or approval from Company of compatibilityshill not be mm,rued as an endorsement of a parricular Application or a commitment on the part of Company that Appliation(s) will continue to. be compatible with the System, peen, or Service f r anyy period of rime. Cocopany mere. ,he right, in its sole disunion, to disable or discontinue any Application for any reason. Use of Nextel Wireless eb Services requires a wireles interne[ compatible phone and is subjece to any storage, memory re other Equipmenr limitation. Only certain inremet sites my be a¢eced, and "rain Nextel Wireless Web Servius may not be available in all Company Service areas. 7. APPLICATION CUSTOMER CARE. AND SUPPORT- Customer acknowledges and agrees that in most cuts, the developer often Application is responsible For providing customer are and Application support to ill Customers using the Application. In the event Customer contacts Company customer arc with a problem concerning them of m Application. Crammer may be referred to she Application developer's customer arc, and Company shall have no obligation to support such Application. 8. CONTENT; INTELLECTUAL PROPERTY RIGHTS - Company is not a publisher of third party content that Customer anav from time to time access through Nextel Wireless Web Services; therefore Company is not responsible for the content provided by such third parties, including but not limited to statements, opinions, gr.phiel phots, music, services and other information ("Conceni ), and accessed by Customer through Nextel Wireless Web Services. Company gives guarantee or assurance as to the cur- rency, accuracy, completer. or utility of Content obtained through Nexml Wireless Web Services. Company Content providers and others have proprietary, internal in certain Content. Customer shall not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate such Content in any manner without the prior written consent of Company. Content providers, or others with proprietary Interests in such Gmtent, as applicable. 9. DEPOSITS -Customer shall provide Company with a deposit towards the purchase ofthe Equipment in the amount me forth on the front ofthis agreement. Company also has ,he right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Customer hereby grants Company, as applicable, a security interest in such deposits, so secure the payment of all susm due hereunder as wog as the performance of all other payment obligations Customer may have to the Companywhcther now existing or hereafter filing. Upon mrmination of Service, Company may apply the deposit against any outstanding Service charges of Customer or any other amount owed to Company. Company reserves the right to interrupt Services if Servia appears to have exme ire charges, payments are delinquent, any unusual calling patterns are observed on Cusec mers account, or during public safety emergondes. Such interruption maybe done in protect Customer or Company as the Compaq determines in its sale discretion, but in no event shall the Company be liable to Ire C,: comer or many third party by reason of inmaupdng or faigng ro ease an interruption of Service. 10, RATES, CHARGES, AND PAYMENT -The price.ablished frServiu is am forth in time cmmnt Company rareplm(s) selected by Customer. Gompanyshall issue invoices for Service. Airtime and long dims.' chugs shall be invoiced in arrears. Customer is responsible to pay Company, on a timely basis, ror charges for Service as set forth on the front of this Agreement, and any modifications thereto. If Customer elem 'apay using aCompany-approved credit card, Custom. hereby militaries Company to charge the aedi, ands specified by Customer from time to time on a recurring basis for ill charges incurred on the Company Account Numbers we forth on Customer's frivol". Customer (11 expressly autharian Company to charge Customers designated credit card account number(s) for all firs and charges incurred; and (ii) reauthorizes Company to charge ch account number each time services are used. Cwtomer shall promptly notify Company mf any changes to the credit card or bank a —,me used for payment. Enrollment is for the duration of this Agreement unless cancelled earlier by either party with thirty (30) days advance written notice to the other party. Customer acknowledges that charge, able Into for telephone alis and Nextel Direct Connect ail transmissions originated by. unit begin when a connection is established with Company facilities. A new Nextel Direct Connect call is initiated by a all participant if that participant responds more than six (6) seconds after the other parry finish. its Nextel Direct Connect transmission. Customer accepts responsibility for Airtime chug. from incoming telephone calls to its mi,bile unit from the rime that Customer responds to the all. if Cwtomer disputes any Service charges, Customer anus( pay the entire amount set forth in the invoice by the due date and submit a written explanation within for five (45) drys from the date on the i voice. If Company determines chat an error war made on Customers invoice, Company shall credit Customers account in the amount of the error. IfCwmmer does not pay the amount in dispute, Company may exercise any remedin it may have under this Agreement for non-payment of Service charges. Company reserves the right to modify any and all elements of the Service charges a, any time and each such mndifia,iun shall be effective immediately upon the Company's communication thereof to Customer, unless the Company's communication indicates a later effective dare with respect to such modification. Payments which are not rcuived within thirty (30) days from the date of the invoice shill be subject to late payment charges as set forth in this Agunremt. If the parties haw agreed that pavmcns are to be made in installments, or on credit, as indicated on the front of this Agreement, Customer shall be responsible for paying amounts due as agreed to in this Agreement. If Customer does nor make all payments when they we due, such failure shall be a default under this Agcunent and Company shall In entitled to exercise airy remedies it may have under this Agreement or at law or in equity. If the sale of the Equipment is ern a credit or installment basis and the Customer accepts delivery, of the Equipme"' the Customer may not return the Equipment or reaive a refond or any amounts paid and agrees to continue making payments as required under this agreement until the Equipment sale price is paid in full. 11. NONPAYMENT/B REACH -A bare payment charge of 1.5%for the maximum interest rate permitted by law)per monahmay he applied to Customers accountifmonchly invoices see not paid by the due date. The late payment charge is applied to the total unpaid balance due and outstanding. A late payment fee off 10 per month maybe applied to Customers account in addition to all other charges to Customers —.,it if monthly invoius anot p 'd within 90 days ofthe due dare. The late payment fee may be at,plied to Customers account each month if any portion of Customer's total balance remains unpaid for 90 days or more after the due date. The late payment fie is for costs related m the non-timel1yy payment and shall not be deemed an income payment. A charge of $39.95 (or the maximum amount permitecd bylaw) will be made by Company for any eheckar negotiable inareument tendered by Customer oil returned unpaid by a financial Institution for any reason. Company may demand payment by money order, asshiers check, or similarly, secure form of payment, at Company's discretion at any time or from time to time. If Company obtains the services of a collection or repossession agency or an attorney ro suite Company in remedying Customers breach of this Agreement, including but not limited ro the nonpayment for charges hereunder, Customer shall be liable for this expense. Customer understands that In the event of nonpayment of charges or any other breach of the terms and conditions of this Agreement, in addition to any other remedies Company may have, Company may temporarily or permanently terminate Service to Customer. if Service is renninated and not reconnected within thirty (30) days, all ounta ceding payments to be made in installments arc accelerated and immediately due in fill. If Company disconmm the Service, Customer shill be liable to satisfy and discharge all outstanding amounts due and pay a reconnect charge of 325.00 per unit, In addition to any advance payment of Service charges that may be requested by the Company at its discretion, before the Company will ma tivare Service. Company resery the right to modify the terms of Service in a precondition to reactivating Scrvire. If the Equipment is purchased on an imtdlment basis, or credic, the Company may take possession of the Equipment, at any time wherever the same may be without legal process and without being responsible for Inca and damage. 12. RISK OF LOSS: INSURANCE -Upon Customer's acceptance of delivery of the Equipment, all risk affirm, damage, theft, or destruction to the Equipment shall be borne by the Customer. Nosuch )ass, damage, theft, or destruction of the Equipment, in whole or part, shall impair the obligations ofCmtomer hereunder, including, withouclimits- tion, responsibigty for ,he payment of Service Chargaduohercumder. if time Equipment is purchased on an instilment basis, or on credit, Customer agrees ro maintain, for cite tern of men, is own expense comprehensive puhiic liability and p,op<rrydamage iusurana with rapeuroirs use of[he Equipment in an anwuur not less than the ...lacemenrV_ofthc Equipment, earning Companyssco-insured,alllatap payable to Company.Certificates, evidrncingpruofufauch polity and paymentofpremiume, .hall be delivered to Company prior to ddirery or instilment of the Equipmenr. Custom" shall props such premimns ss required and shill Fumuh Company wi th proof of such payment[ at the beginning f the Payment Term and upon [he expiration of any Certificate. Any and age amount received by the Company under any such polity shall be I. byy Company agdns[ the amount[ of the Equipment[ Sales Prise ant soy related charges or fees secured hereby. Falare to provide or maintain the ins... required above is a h}nrlt of the Age_on, for which the Company shall he'nettled to exercise any remedies ft may have under this Agreement. 13. PROPERTY DAMAGE INSURANCE- IfCusmmerselecn Direct Protect insurance protection. Customer acknowledge, that instanter protection is offered by Tic Signal Tele ru m aticatiow Insurance Servim ("Signal"), not Company, and that any request for information or claims regarding the insurance shall be directed to Signal at 1-888-352- 9182. Customer acknowledges having received a summary of coverage, including deductible information, which is also available by ailing Signal. 14. TAXES, FEES, SURCHARGES & ASSESSMENTS - Customer is responsible for all federal, auto, and hoal axes, fen, surcharge, and other aasessments (collectively. "er services, and equipmenarc measured or that measured by gross receipts ipts the sale of telecommunication services charges") that are imposed on mlecommtmiatiom a ..ices, oth and/or equipment. Such charges shall include, but at not limited to: excise axes stela and transaction taxer, utility caws; regulatory fen and asessmenu; universal service assea- men% and colet - day service (TRS) assessment. Cwtomer shall he responsible for such charges regardless of wheher the chaarrggee is Imposed upon the as] of weqquipmentor servioa, upon comer, or upon Company. Ifanysuch charge isdetermined ro be appgableand has not been paid by Curtomerbefore Customerarcepsddiwrynfequipmen4 Customer shag pay Company the full amount of ratty such charge no later than ten (10) days after rcaipt of the invoice therefor. 15. COVERAGE AREA -Local Dispatch(Direet Connect), cellular calling, Naul Wirekse Web Services, and respective coverage act for then Services are subject cal change at any time at the sole discretion of Company. I6. LIMITATION AND CONDITION OF LIABILITY. INDEMNITY- Company does not assume and shall have no liability under the Agreement Fir (I) failure to deliver the Equipment within a specified time period;(g).vagability and delays in delivery ofthe Equipment, or (iii) damage caused to the Equipmentdue directly or indirectly to causes beyond the control of Company, including, but not limited to am of Cod, aces of the public enemy, am of the government, am or failure to act of the Custammr, its agents, nenar orservices, emmnotion, war, unusomyservere weamer commons or dessert or i-ompanyssubtxhnttaaOrs wmemer or not clue w any moan causes; or tor) lea Web Services, including but not limited to the accuracy or utility of an formation ace, d from the Internet through Narei Wireless Web Services Content or Apygeatians whether or not mpporeed Is Company. WITHOUT LIMITING THE FOREGOING, THE COMPANY'S SOLE LIABILITY RUPTION, WHETHER CAUSED BYTE NEGLIGENCE OF THE COMPANY OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE PROPERTY DAMAGES SUSTAINED BY THE CUSTOMER OR ANYTHIRD PARTIES. Customer agrees to hndenmify, defend, and hold Company harmlessfrom any Customer violations of FCC ruin and regulations er Customer violation of any statutes, ordinances or laws of any local, stag, or federal public authority. 17. COMPLETEAGREEMENT/SEVERABILITY/WAVER-ThisA�rcementxts forth all of theagreecmenubetweenthepadnanumingth<Smiaandppurchacofthe Equipment, and there arc no oral or wrinan agree Ixtw"n them other than asset Forth in this Agreement. Except fir changs made by Company i n acc r corn with Sec- tion I above, no amendment or addition to this Agreement shall be binding upon Company unless it h in writing and signed by both parties (cod, in thecae of the Company, by an a(ficer of the Gsmpany). Companyy shall not he bound by the terns and coddi ors in Customerh purclmsse o der car elsewimre, toles expressly agreed w in writing by an o(fiur of the Company. "This Ageement becomes; effective when accepted by the Company. Should any provision of this Agreement be illegal or in contravention of the law, such provision shall be considered null and void but the remainder of this Ageementsball not be affected thereby. The fihlure of Company, at any ,i— to require the perfomanceby Customer of the provisions of this Agreement shag not affect in any way the right to require such performanm at any later time nor shag the waiver by Company of a bench of any provision hereof be taken or held to be a waiver of compliance with or breach of any other provision Ora continuing waiver of such provision. 18. ASSIGNMENT/RESALEIGOVERNING LAW-ThisAgrcementmaybefreelyassignedbyCompanyroanysuaessorofirormyotherfirmorentityapableofperfsam- ing Its obligations hereunder, and upon any such assignment, Compaq shall be released from all obligations to Customer. Customer may not assign this Agreement, car resell the services which are subject to this Agreement without prior written consent of Company. Subject to the restricriom antained herein, this Agreement shall bind and inure es the benefit of the suocewers and permitted assigns of the parties hereto. This Agreement shall be governed by the lases of the State or Commonwealth in which this Agreement is executed by the Company. 19. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY CALLS - The Service provided hereunder does not Interact with 911 and other emegency, services in the acme manner as hardline telephone service. Depending on the circumstances of a particular all, the Smite provided hereunder may not be able to, identify your location to emergency serviva and you may not always be connected to the appropriate emergency, services provider. Additionally, the provision of 911 or other emergency services may be condirioned on p.ymeh, of amounts to the governmental authorhia who implement or coordinate access to such services, and Curtomer ages that Company may apportion and pat through such amounts to Customer, which shag 6e paid by Customer when due, in connection with Customer's access to such 911 or other metrggrncy services, w•herc available. CUSTOMER AGREES TO HOLL COMPANY HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CARN OF ACTION (INCLUDING ALL ACTIONS BYTHIRD PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE COM PANTS SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES. 20. NO WARRANTY (SERVICE) - COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTYOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE IN NO EVENT SHALLCOMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT i MAYBE DISCLAIMED BY LAW. CUSTOMERACKNOWLEDGFS THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, AND A( HOLD COMPANY HARMLESS FOR ALL SUCH INTERRUPTIONS. BY LAW OR PROVES DEFECTIVE, THE COSTS OF ALL AND REPAIR WILL BE BORNE BY CUSTOMER OR IMPLIED. .Y MAKES NO OR 22. NEXTEL WIRELESS WEB "GOLD" SERVICES -Nextel Wireless Web "Cold" Services are those Internet and dam Services offered in conjunction with a Service plan using the suffix "Gold'; e.g. PacketStream Cold or PowerApps Cold. Company may charge an activation fee for each iP address for them Services. These services may be used only with mobile aliens for Intenmt/i,,tranct access and Internet a -mail via a standard HTML browser (e.g., Netscape' Navigator or Cotmnunicator, Microsoft' It)temet Explorer, etc). It may also be used with software for proxy applications, for dispatch applications, for POP3 email access, and for other use specifically approved by Nextel. These Internet and data Services may or be substituted f s a private line or fame relay connection, or be used for streaming data feeds. Company reserves the right to deny service, without notice, to any Customer wheat, usage adversely impacts Companys network, Systems or other subscribers use of Services. 601A(08/14102)