HomeMy WebLinkAboutResolution - 2004-R0411 - Purchase Order For Telecom Equipment - SBC Lubbock - 08_26_2004Resolution No. 2004-RO411
August 26, 2004
Item No. 30
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 Purchase Order per Bid
RFP 4108-04/RW for Option 11 C Telecom Equipment, by and between the City of
Lubbock and SBC of Lubbock, Texas, and 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 this 26th day of August , 2004.
ATTEST:
Re cca Garza, City Secretary
APPROVED AS TO CONTENT:
VCL
�eli�7
Victor Kilman, Pirchasing Manager
APPROVED AS TO FORM:
bhn Knight, Assi fant Ci-ty Attorney
gs/ccdocs/PurchOrd-Res-SBC of Lubbock, TX
August 10, 2004
T Y City of Lubbock
PURCHASE ORDER
TO:
SBC GLOBAL SERVICES INC
2010 AVENUE R ROOM 211
LUBBOCK TX 79411
PAR"" M C"V ire W*M"
aa1w VA&A
ra►, am
Resolution No.
Page -
Date -
Order No. -
Brn/Plt -
2004-RO411 1
8/12/04
263963-000 OP
3511
SHIP TO:
CITY OF LUBBOCK
MUNICIPAL SQUARE BUILDING
C/O JUANITA FLORES, ROOM 104
916 TEXAS AVENUE
LUBBOCK TX 79401
Ire
..........
........,..,,
Ordered - 08/11/04 Freight - FOB Destination Frt Prepaid
Requested - 09/11/04 Placed By - RANDY WOOD
Special Ins PER LCOX REQ#25088 RFP#108-04/RW
--------------------------------------------------------------------------------------
Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt
------------------------------------------ ---------- ------ -- ----------------- --------
Option 11 C Fire Admin 1.000 EA 30,215.7500 EA 30,215.75 09/11/04
3409.9223
Phone System for Fire Admininstration.
This purchase order encumbers funds in the amount of $30,215.75 for the purchase of an Option 11C, awarded to
SBC Global Service Inc. of Lubbock TX, on August 26, 2004, in accordance with your response to RFP#108-
04/11W, Option 11C. The following are incorporated into and made part of this purchase order by reference: Bid
submitted by your firm including the Bid Form, Specifications, and General Conditions of RFP#108-04/RW.
CITY O U CK ATTEST:
areb cca Garza, City Secretary
APPROVED AS TO FORM:
rney
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 30,215.75
Master Agreement No.
Resolution No. 2004-RO411
SBC MASTER AGREEMENT August 26, 2004Item No. 30
This SBC Master Agreement (the "Agreement") is between SBC Global Services, Inc., a Delaware corporation with offices at
One SBC Plaza, Dallas, Texas 75202, on behalf of those SBC Affiliates (individually and collectively, "SBC") who may from
time to time enter into Addenda, Attachments, Orders, and/or SOWs under this Agreement, and The City of Lubbock
("Customer"), Texas government agency, with offices at 916 Texas Avenue, Lubbock, Texas is effective as of the date last
signed below ("Effective Date").
This Agreement consists of this signature page, the Terms and Conditions, and the documents listed in the Addendum and
Attachment List. The Terms and Conditions will apply to all Addenda, Attachments, Orders, and SOWS. The rights and
responsibilities of an Addendum, Attachment, order, and/or Statement of Work apply only to Customer and the SBC Affiliate
named therein. New or revised Addenda, Attachments, orders, and/or Statements of Work must be signed by Customer and
accepted in writing by the applicable SBC Affiliate. SBC may use subcontractors, including SBC Affiliates, to perform
Services.
Notices from a party concerning this Agreement must be written and delivered to the other party at the address(es) below (1)
in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by facsimile, electronically
confirmed and followed immediately by U.S. Mail. Notice will be effective upon delivery. Either party may update its address
by notice given using this procedure.
To Customer. The City of Lubbock
916 Texas Avenue/P.O. Box 2000
Lubbock, Texas 79457
Fax: 806-775-3033
Attention: Telecommunications Coordinator
To SBC: SBC
P.O. Box 2878
Lubbock, Texas 79408
Fax: 806-741-5698
Attention: Account Team for The City of Lubbock
SO AGREED by the parties' respective authorized signatories:
The City o
ubbock
SBC GLOBAL SERVICES, INC.
ON HALF OA ITS AFFILIATES
/z/l/
Z
94�L �
us ter Si
ure
Sh Signature
Print Name: ZMARC
MCDOUGAL
rin Name: �
Title:
MAYOR
- e:
_ Go U?-
Date:
Date:
ATTEST:
Rebecca Garza, Citf Secretary
APPROV D AS TO CONTENT: AP ®1i$ AS T FO
. r
jk ea ood, i ctor of IT D Vandiver, Attorney of Cou el
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their
companies.
MasterAgreement Page 1 of 5 Rev. 08120103
Master Agreement No.
SBC MASTER AGREEMENT TERMS AND CONDITIONS
I. DEFINITIONS. For regulated Service, capitalized terms not defined below will have the meanings set forth in applicable
Tariffs and/or Guidebooks.
1.1 "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.
1.2 "Equipment" means equipment that SBC sells or leases to Customer or for which SBC provides Professional Services.
1.3 "FCC" means the Federal Communications Commission or any successor agency.
1.4 "Guidebook(s)" means the Voice Product Reference and Pricing Guidebook and/or the Data Product Reference and
Pricing Guidebook found at SBC's public Intemet site.
1.5 "Hazardous Substance" means any substance or material that is classified as a hazardous material, hazardous chemical,
hazardous substance, pollutant, contaminant, or toxic substance under any federal, state, or local law, regulation, or
ordinance related to the pollution or protection of air, ground or surface water, soil, or other environmental media,
occupational health and safety, or any other environmental or safety hazard
1.6 "Information" means ideas, know-how, trade secrets, computer programs, technical information, and other confidential
information, whether disclosed orally, in writing, electronically, or otherwise.
1.7 "Licensed Software" means computer programs licensed by SBC, including any hardwired logic instructions, microcode,
and other computer instructions licensed with or separately from Equipment.
1.8 "Materials" means Equipment and Licensed Software, modifications, derivative works, updates, and upgrades thereto,
and custom programming and documentation for the Materials.
1.9 "Premises" means a location where Materials will be installed or provided, or Professional Services will be performed.
1.10 "Professional Service(s)" means the services and/or work to be performed by SBC in connection with the sale or license
of Materials under this Agreement.
1.11 "PSC/PUC" means the state regulatory authority that regulates phone companies and the communications industry.
1.12 "Service" means any or all services provided pursuant to a Tariff and/or Guidebook.
1.13 'Tariff' means public documents filed with a PSC/PUC detailing services, equipment, rates, and charges offered by a
regulated telephone company to potential customers. Tariffs may include catalogs.
If. TERMS AND CONDITIONS FOR SERVICE
2.1 Limitation on Service. Service is offered subject to the availability of the necessary systems, facilities, and equipment.
SBC provides its regulated services for Customer's use pursuant to the terms and conditions in this Agreement, the
applicable Addendum and SBC's applicable Tariffs and Guidebooks.
2.2 Use of Service. Service is authorized for Customer's lawful use only. Customer will defend, indemnify, and hold harmless
SBC from any unlawful or unauthorized use of Service by Customer or its users, as provided in the applicable Tariffs and/or
Guidebooks.
2.3 Payment and Billing. Customer will pay SBC the monthly prices and nonrecurring charges set forth in the applicable
Addendum, Tariff, and/or Guidebook. Except as otherwise provided in the applicable Addendum, billing will commence on
Cutover of Service, or if no installation is involved, upon the effective date of the applicable Addendum.
2.4 Aoolicable Regulations. SBC is regulated by rules, regulations, and orders of PSCs/PUCs, the FCC, and courts with
proper jurisdiction. If a PSC/PUC, the FCC, or a court finds any part of this Agreement or any Addendum to be in conflict with
any law, rule, regulation, or order, or if SBC in good faith believes that such a finding may be made, SBC may terminate any
affected Addendum or if all Addenda are affected, this Agreement, without liability.
III. GENERAL TERMS AND CONDITIONS
3.1 Term. This Agreement will start on the Effective Date and continue for 3 years. Each Addendum will have a term
concurrent with the term of this Agreement unless otherwise stated in the Addendum and the provisions of this Agreement will
survive with respect to all Addenda until the Addenda expire or are otherwise terminated.
3.2 Order of Precedence/Regulatory Requirements. Any inconsistency or conflict between the terms of an applicable Tariff
and/or Guidebook, this Agreement, and an Addendum will be governed in order of precedence by (1) the applicable Tariff
and/or Guidebook (unless the Addendum specifically states that Addendum terms and conditions will supersede the
applicable Tariff and Guidebook), (2) this Agreement, and (3) the applicable Addendum (unless the Addendum specifically
states that Addendum terms and conditions will supersede the terms of this Agreement). This Agreement, Addenda,
Attachments, orders, and Statements of Work may be filed with the appropriate PSC/PUC and/or the FCC, to the extent
required by law or regulatory authority from time to time.
3.3 Taxes. Customer will pay and indemnify SBC against sales, use, and other taxes (excluding taxes on SBC's net income)
including any applicable customs and duties arising under this Agreement. Any tax exemption will be effective upon receipt by
SBC of an exemption certificate or affidavit confirming exemption and during the effective period of the exemption.
3.4 Termination for Convenience. Customer may terminate all or any part of this Agreement or any Addendum by giving SBC
at least 30 days' prior written notice, subject to applicable termination charges. Either party may terminate an Order by giving
the other party written notice prior to Cutover. If Customer terminates an Order prior to Cutover, then Customer will be liable
for all expenses incurred by SBC under that Order.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their
companies.
Master Agreement Page 2 of 5 Rev. 08/20/03
Master Agreement No.
SBC MASTER AGREEMENT
3.5 Termination for Breach. This Agreement may be terminated immediately by either party upon written notice to the other
party if the other party (i) ceases to carry on business as a going concern, becomes the object of voluntary or involuntary
bankruptcy or liquidation, or a receiver is appointed with respect to a substantial part of its assets, (ii) engages in fraud,
criminal conduct, or willful misconduct, (iii) breaches Section 3.9, "Use of Confidential Information" or Section 3.12,
"Nondisclosure and Publicity", or (iv) fails to perform or observe a material term or condition of this Agreement, including
making timely payments and such failure is not remedied within 30 days after the terminating party has provided written notice
to the breaching party specifically describing the material breach.
3.6 Force Maieure. SBC will not be liable for any failure of performance, if such failure is due to any cause beyond SBC's
reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, storm, or other similar occurrence,
any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies,
insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or preemption of existing Service
to restore Service in compliance with the FCC's or PSC/PUC's rules and regulations, or delays caused by Customer or
Customer's service or equipment vendors.
3.7 Arbitration. Deleted by agreement of parties.
3.8 Assignment. Neither this Agreement nor portion or interest in this Agreement or in any Addendum, Attachment, Order,
and/or SOW may be assigned, sublet, or in any manner transferred by Customer without the prior written consent of SBC,
which consent will not be unreasonably withheld. Any action in contravention of the preceding sentence is void. Assignor and
assignee differences in creditworthiness are reasonable bases for withholding consent.
3.9 Use of Confidential Information. During the term of this Agreement, each party may obtain Information from the
other party. Written or other tangible Information must at the time of disclosure be identified and labeled as
Confidential Information belonging to the disclosing party. When disclosed orally or visually, Information must be
identified as confidential at the time of the disclosure, with subsequent confirmation in writing within 15 days after
disclosure. Neither party may during the term of this Agreement and for 5 years thereafter disclose any of the other
party's Information to any third party. Neither party may use the other party's Information except to perform its duties
under this Agreement. The Information restrictions will not apply to Information that is (i) already known to the
receiving party, (ii) becomes publicly available through no wrongful act of the receiving party, (III) independently
developed by the receiving party without benefit of the disclosing party's Information, (iv) received from a third party
without similar restriction, or (v) disclosed by the disclosing party to a third party without an obligation of
confidentiality. The City of Lubbock is subject to the Texas Public Information Act ("the Act"). Therefore, if the City
Of Lubbock receives a request for Confidential Information pursuant to the Act, the City of Lubbock will obtain and
follow an opinion from the Texas Attorney General under the third party at interest provisions of the Act.
3.10 Customer Information. SBC may rely on all information provided by Customer and will not be responsible or held liable
for any damages or costs that result from errors or omissions in such information.
3.11 Hazardous Substances. Customer must provide a suitable, safe environment for SBC work at the Premises. Prior to the
commencement of Services, Customer will advise SBC of any Hazardous Substances on Premises. SBC does not handle,
remove or dispose of, nor does SBC accept any liability for, Hazardous Substances on the Premises. If SBC's employees,
subcontractors or agents encounter a Hazardous Substance or other environmental or safety hazard, SBC may suspend
performance under this Agreement until Customer, at its own expense, completes clean up and removal of the Hazardous
Substance to SBC's satisfaction. Customer's failure to abate a Hazardous Substance or other hazard within 30 days of SBC's
suspension of performance pursuant to this clause will constitute a material breach. Customer will pay SBC for any costs,
fines or penalties incurred by SBC as a result of the presence of a Hazardous Substance or other hazard and its suspension
of performance.
3.12 Nondisclosure and Publicity. Except as required by law or as reasonably necessary for a party to perform its obligations
under this Agreement, each party will keep this Agreement and any Addenda, Attachments, Orders, and/or SOWS
confidential. Notwithstanding the foregoing, Customer agrees that during the term of this Agreement, SBC may refer to
Customer, orally and in writing, as a customer of SBC and may publish a press release announcing in general terms that SBC
and Customer have entered into this Agreement and SBC may in general terms describe the activities contemplated
hereunder. Any other reference to one party by the other party requires written consent of the first party. With respect to
Service regulated by the Public Utility Commission of Texas, and subject to the regulations of the Commission, SBC will not
(and this Agreement does not) restrict Customer's ability to disclose the existence of an applicable Order or SOW or any
terms in this Agreement applicable to such an Order or SOW. All Public Information requests will be handled in accordance
with Section 3.9.
3.13 Limitation of Liability. IN NO EVENT WILL SBC, ITS SUPPLIERS, LICENSORS, AFFILIATES, DIRECTORS,
OFFICERS, AND/OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO LOST PROFITS, TOLL
FRAUD, LOSS OF USE, AND LOSS OF DATA, OR FAILURE TO REALIZE SAVINGS OR BENEFITS) ARISING UNDER
THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, UNLESS IN THE CASE OF REGULATED
SERVICES, OR WHERE SBC HAS ACTED WITH INTENTIONAL MISCONDUCT. EXCEPT FOR DAMAGES FOR
PERSONAL INJURY OR DEATH OR DAMAGES TO OR LOSS OF PERSONAL PROPERTY (EXCLUDING LOSS OF DATA
OR PROGRAMMING) (FOR WHICH LIABILITY WILL BE LIMITED TO PROVEN DIRECT DAMAGES), THE LIABILITY OF
SBC, ITS SUPPLIERS, LICENSORS, AFFILIATES, DIRECTORS, OFFICERS, AND/OR EMPLOYEES UNDER OR IN
CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO PROVEN DIRECT DAMAGES UP TO AMOUNTS PAID BY
CUSTOMER FOR THE AFFECTED PROFESSIONAL SERVICES AND/OR MATERIALS PROVIDED TO CUSTOMER
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies.
Master Agreement Page 3 of 5 Rev. 08120103
Master Agreement No.
SBC MASTER AGREEMENT
DURING THE PERIOD AFFECTED BY THE MISTAKE, OMISSION, ERROR, DELAY, INTERRUPTION, OR DEFECT
RESULTING IN SUCH DAMAGES.
3.14 Conflict of Interest. Each party represents to the other that it will provide no officer, director, employee, or agent of the
other party with employment, fees, or any other direct or indirect personal compensation or consideration outside the terms of
this Agreement in connection with or in contemplation of this Agreement or any Order or SOW.
3.15 Independent Contractor. SBC, its employees, agents, and representatives are not employees, servants, partners, or
joint venturers of or with Customer. SBC is an independent contractor and will at all times direct, control, and supervise all of
its employees.
3.16 Governing Law. This Agreement will be governed by the laws of Texas, without regard to its conflicts of law rules. The
parties specifically disclaim the United Nations Convention on Contracts for the International Sale of Goods.
3.17 General. If any provision of this Agreement is determined invalid or unenforceable, this Agreement will be construed as
if it did not contain such provision. The failure of a party to insist upon strict performance of any provision of this Agreement in
any one or more instances will not be construed as a waiver or relinquishment of such provision, and the same will remain in
full force and effect.
3.18 Entire Agreement. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior
agreements, representations, and understandings relating to the subject matter hereof. No modifications or subsequent
agreements concerning the subject matter of this Agreement will be effective or binding unless made in writing and signed by
the parties. SBC shall not be bound by any electronic or pre-printed terms additional to, or different from, those in this Agreement
that may appear in Customer's form documents, orders, acknowledgments or other communications.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies.
Master Agreement Page 4 of 5 Rev. 08120103
Master Agreement No.
Resolution No. 2004-RO411
ADDENDUM AND ATTACHMENT LIST August 26, 2004
Item No. 30
This Addendum and Attachment List to the Master Agreement (the "List") between SBC and Customer, effective as of the
Effective Date, is incorporated into the Agreement by this reference. Addenda and Attachments shall be attached to the
Agreement as needed.
1. This List may be amended from time to time in writing and signed by the parties.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for general distribution within or outside their companies.
Master Agreement Page 5 of 5 Rev. 08112103
Resolution No. 2004-RO411
•
•
August 26, 2004
Item No. 30
Option 11C RFP
FINANCIAL OFFER
CITY OF LUBBOCK - FIRE ADMINISTRATION
OPTION 11 C TELECOMMUNICATION SYSTEM $ 30,215.75
Equipment
Code
Description
CITY
Main Equipment Section
NTWB09AA
OPTION 11C SINGLE CABINET (AC)
1
NTE900BA
OPT 11C CABINET SW
1
NTE95006
SW PKG 57-BARS-BASIC ALTERNATE
1
NTE904AA
8 ADV NET ANALOG SET ISM
4
NTE904DA
8 ADV NET DIGITAL SET ISM
10
NTAK20AD
CLOCOK CONTROLLER CARD
Z
NT8D09BB
ANALOG MESSAGE WAITING LINE CA
1
NT8D14CA
UNIVERSAL TRUNK CARD
2
AS1073
SDI/DCH PACKAGE
1
NT9K16AC-03
M2616 PERF-PLUS TEL W/DISPLAY,
7
NT2K28AD03
DISPLAY OPTION BLACK
8
AS1182
PREPRINTED FEATURE KEY CAPS
7
AS1082
MERIDIAN MODULAR TELEPHONE USE
1
A0355200
POWER FAIL TRANSFER UNIT
1
NTTK14AB
CORD 9.9 FT, NA POWER, NEMA, 1
1
MPR05002
CREDIT:NPP:M. Expres
1
NTAK1104
PFTU/CONSOLE POWER CABLE
2
P0780103
SINGLE KEY EXP MODULE FOOTSTAN
2
Ancillary Equipment Section
AS7011
NORTEL NETWORKS TERMINAL PACKAGE
A0728841
Citizen Printer for use with AS7011
Serial Cable 10' 25M/25M use with the Wyse
DB25MM-10
Terminal
NTDK66AB
Nortel Modem Package (33.6) <
820241222300
RJ48 TO RJ48 - 25'
1203025L1
ADTRAN T-1/ISDN/DATA ESF W/PWR & NET
RESL512KDL100
DL100 IP 4 PORT BUFFER BOX
Pricing is valid for 90 Days and includes Shipping E Handling. Applicable taxes are not included.
RESTRICTED - PROPRIETARY INFORMATION
This document contains Proprietary Information which is provided solely in connection with the specific opportunity
identified herein. SBC provides this proprietary information to the organization named, solely for its use in connection
with this opportunity and it may not be disclosed to anyone outside the disclosed to party without the prior written
consent of SBC.
June 29, 2004
Page 1
CONFIDENTIAL INFORMATION