HomeMy WebLinkAboutResolution - 2002-R0079 - Contract For Long Distance Telephone Service - NTS Communications, Inc. - 02_28_2002Resolution No. 2002-R0079
February 28, 2002
Item No. 34
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 Contract for long distance telephone service,
by and between the City of Lubbock and NTS Communications, Inc., and any other related
documents. Said Contract 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 28th
ATTEST:
Rebecca Garza, City Secretary
AS[TO CONTENT:
Director of Information T
John M. Knight . -,0"'
Assistant City Attorney
ap Ccdocs/NTS..res
February 20, 2002
day of February 2002.
WINDY SITTCM MAYOR
Resolution No. 2002—R0079
February 28, 2002
Item No. 34
LONG DISTANCE SERVICE CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
This contract, (the "Contract"), effective as of February 28, 2002, (the "Effective
Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule
Municipal Corporation, and NTS Communications, Inc., a Texas corporation, whose
principal place of business is located at 5307 W. Loop 289, Lubbock, Lubbock county,
Texas (the "Contractor").
WITNESSETH
WHEREAS, the City requires long distance telephone service; and
WHEREAS, the Contractor is qualified to provide long distance telephone service
and desires to provide long distance telephone services to the City; and
WHEREAS, the City desires to contract with Contractor to receive long distance
telephone service; and
NOW THEREFORE, for and in consideration of the terms, covenants and
conditions set forth in this Contract, the City and Contractor hereby agree as follows:
ARTICLE I
REPRESENTATIONS AND WARRANTIES
A. Existence. Contactor is a corporation duly organized, validly existing, and
in good standing under the laws of the State of Texas and is qualified to carry on its
business in the State of Texas.
B. Corporate Power. Contractor has the corporate power to enter into and
perform this Contract and all other activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and
the activities contemplated hereby have been duly and validly authorized by all the
requisite corporate action on the part of the Contractor. This Contract constitutes legal,
valid, and binding obligations of the Contractor and is enforceable in accordance with the
terms thereof.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 1 of 8
D. Contractor. Contractor maintains a professional staff and employs, as
needed, other qualified specialists experienced in telecommunication services, and are
familiar with all laws, rules, and regulations, both state and federal, including, without
limitation the applicable laws, regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated
by this Contract in a good and workmanlike manner, and comply with all laws, rules, and
regulations, both state and federal, relating to telecommunications services, as
contemplated hereby. If any of the activities of the Contractor, or omissions of the
activities required herein, shall cause, in whole or in part, liability or loss on the part of
the City, it shall be deemed that the Contractor did not perform said activities (or omitted
the performance of said activities) in a good and workmanlike manner.
F. Use of Copyrighted Material. Contractor warrants that any materials
provided by the Contractor for use by City pursuant to this Contract shall not contain any
proprietary material owned by any other party that is protected under the Copyright Act
or any other similar law. Contractor shall be solely responsible for ensuring that any
materials provided by Contractor pursuant to this Contract satisfy this requirement and
Contractor agrees to hold City harmless from all liability or loss to which City is exposed
on account of Contractor's failure to perform this duty.
ARTICLE II
SCOPE OF WORK
A. General. Contractor agrees to furnish to the City long distance telephone
service as set forth in Contractor's Proposal dated December 19, 2001, attached hereto as
Exhibit A.
B. Billings. NTS will furnish to the City a hard copy and an electronic copy of
each monthly billing. The electronic copy will be on a diskette in ASCII format as
mutually agreed upon.
C. Exemptions and Discounts. The City is eligible for an exemption of sales
taxes and will provide the certification of tax exemption. The City libraries are currently
eligible for the E-rate discounts. These, and all other discounts and exemptions for which
the City or its departments may qualify, shall be passed on the City.
D. Non -Appropriation of Funds. There will be no penalty for termination due to
non -appropriation of funds.
E. Restoration of Service. If long distance service remains impaired for four (4)
hours or more during any three-month period due to Contractor network failures, the City
may elect to contract with an alternate carrier.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 2 of 8
F. Early Cancellation. If the City experiences chronic problems, poor quality or
poor service, the City may cancel this Contract without penalty.
G. Single Point of Contact. Contractor agrees to contact and coordinate all
vendors deemed necessary for problem resolution.
ARTICLE III
INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this
Contract as an independent contractor. The Contractor has the sole discretion to
determine the manner in which the services are to be performed.
ARTICLE IV
- TERM
The term of this Contract commences the next billing period following the date
this Contract is executed and continues without interruption for a term of three (3) years.
After expiration of the original term, this Contract shall automatically be renewed for
additional successive thirty (60) day terms terminable by either party with not less than
sixty — (60) day's advance written notice.
hereto.
ARTICLE V
COMPENSATION
Contractor shall be compensated in accordance with Exhibit A, B & C, attached
ARTICLE VI
TERMINATION
In the event the Contractor breaches any term and/or provision of this Contract
the City shall be entitled to exercise any right or remedy available to it at law or equity,
including without limitation, immediate termination of this Contract and assertion of
action for damages and/or injunctive relief. The exercise of any right or remedy shall not
preclude the concurrent or subsequent exercise of any other right or remedy and all other
rights and remedies shall be cumulative.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 3 of 8
ARTICLE VII
INSURANCE
A. General. Contractor shall procure and carry, at its sole cost and expense
through the life of this Contract insurance protection hereinafter specified, in form and
substance satisfactory to the City. City must approve all policies prior to the
commencement of any activities whether performed by the Contractor, subcontractor,
agents, or third parties. The insurance carrier must be an insurance company authorized
to transact business in the State of Texas and have a Best's Financial rating of A VII. A
Certificate of Insurance specifying each and all coverage shall be submitted to the City
prior to the execution of this Contract. All insurance shall be prepared and executed by
the insurance company of it's authorized agents and shall contain an endorsement naming
the City of Lubbock an additional insured. Written notice of cancellation or any material
change will be provided thirty (30) days in advance of cancellation or change. All
insurance shall provide a waiver of subrogation in favor of the City of Lubbock, and shall
contain cross liability and severability clauses.
B. Required Coverage. Contractor shall obtain and maintain policies of
insurance throughout the Contract term in limits specified below.
Commercial General Liability. The Contractor shall maintain Commercial
General Liability coverage endorsed to include premises/operations, contractual liability,
and independent contractors' and completed operations. The policy shall have a
minimum of One Million and no/100 Dollars ($1,000,000) combined single limit in the
aggregate and per occurrence.
C. Subcontractors. The Contractor shall require each subcontractor with whom
it, contracts to provide activities as contemplated by this Contract, to obtain proof of
insurance coverage as set forth herein, and to provide to Contractor, prior to such person
performing any such activities, a Certificate of Insurance establishing such coverage.
ARTICLE VIH
EMPLOYMENT OF AGENTS
Contractor may employ or retain agents, consultants, contractors, or third parties,
to perform certain duties of Contractor under this Contract provided that Contractor is in
no event relieved of any obligation under this Contract. Any such agents, contractors, or
third parties retained and/or employed by Contractor shall be required to carry, for the
protection and benefit of the City and Contractor and naming said third parties as
additional insured's, insurance as described in Article VII of this Contract.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 4 of 8
ARTICLE IX
CONFIDENTIALITY
Contractor shall retain all information received from or concerning the City and
the City's business in strictest of confidence and shall not reveal such information to third
parties without prior written consent of the City, unless otherwise required by law.
ARTICLE X
INDEMNITY
City of Lubbock shall not be liable or responsible for, and shall be saved and
held harmless by Contractor from and against any and all suits, actions, losses,
damages, claims, or liability or any character, type, or description, including all
expenses of litigation, court costs, and attorney's fee for injury or death to any
person, or injury to any property, received or sustained by any person or persons or
property, arising out of, occasioned by, directly or indirectly, the performance of
Contractor under this agreement, including claims and damages arising in whole or
in part from the negligence of City of Lubbock.
ARTICLE XI
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes,
ordinances, rules and regulations relating, in any way, manner or form, to the activities
under this Contract, and any amendments hereto.
ARTICLE XII
NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is
required or permitted by this Contract and no other method of notice is provided, such
notice shall be given by (1) actual delivery of the written notice to the other party by
hand, (2) facsimile, or other reasonable means (in which case such notice shall be
effective upon delivery), or (3) by depositing the written notice in the United States mail,
properly addressed to the other party at the address provided in this article, registered or
certified mail, return receipt requested, in which case such notice shall be effective on the
third business day after such notice is so deposited.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 5 of 8
B. Contractor's Address. Contractor's address and numbers for the purposes of
notice are:
NTS Communications, Inc.
Attn: Barbara Andrews
5307 W. Loop 289
Lubbock, TX 79414
Telephone: (806) 797-0687
Facsimile: (806) 788-2916
are:
C. City's Address. The City's address and numbers for the purposes of notice
City of Lubbock
Attn: Leslie Cox
PO Box 2000
1625 13th Street
Lubbock, TX 79457
Telephone: (806) 775-2376
Facsimile: (806) 775-3033
C. Change of Address. Either party may change its address or numbers for
purposes of notice by giving written notice to the other party, referring specifically to this
Contract, and setting forth such new address or numbers. The address or numbers shall
become effective on the 15th day after such notice is effective.
ARTICLE XIII
MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are
inserted in this Contract strictly for the parties convenience in identifying the provisions
to this Contract and shall not be given any effect in construing this Contract.
B. Audit. Contractor shall provide access to its corporate books and records to
the City. The City may audit, at its expense and during normal business hours,
Contractor's books and records with respect to this Contract between the Contractor and
City.
C. Records. Contractor shall maintain records that are necessary to substantiate
the services provided by the Contractor.
D. Assignability. Contractor may not assign this Contract without the prior
written approval of the City.
E. Successor and Assigns. This Contract binds and inures to the benefit of the
City, Contractor, and their respective successors, legal representatives, and assigns.
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 6 of 8
F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF
TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL
PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Contract is ever held to be invalid or
ineffective by any court of competent jurisdiction with respect to any person or
circumstances, the reminder of this Contract and the application of such provision to
persons and/or circumstances other than those with respect to which it is held invalid or
ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this
Contract shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Contract, and duly executed by the Contractor and City.
I. Entire Agreement. This Contract, including Exhibit A, B & C hereto,
contains the Entire Contract between the City and Contractor, and there are
no other written or oral promises, conditions, warranties, or representations
relating to or affecting the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
WINDY -SITTOK, O.
ATTEST:
Rebecca Garza
City Secretary
NTS COMMUNICATIONS, INC.
By:
Title: %xec, 6 ��
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 7 of 8
APPROVED AS TO CONTENT:
Sharlett Chowning
Director Information Technology
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Long Distance Telephone Service, City of Lubbock & NTS Communications, Inc.
Page 8 of 8
Resolution No. 2002—R0079
LONG DISTANCE TELEPHONE SERVICE
REQUEST FOR PROPOSAL
1.0 INTRODUCTION AND OVERVIEW
The City of Lubbock, is issuing this Request for Proposal (RFP) under the guidelines of a
High -Technology RFP, and is seeking proposals from qualified Vendors to provide long
distance telephone service to all departments of the City of Lubbock for a minimum of one
year. The City reserves the right to terminate the contract with thirty (30) days written
notice.
Background
.1.1 The City of Lubbock has a population of 199,564 and is located in the
Texas South Plains near the panhandle of Texas. Long known as the
Hub City, Lubbock is the cultural and economic center for West Texas
and Eastern New Mexico. The City of Lubbock employs approximately
1,900 employees and provides a full range of municipal services to its
population.
.1.2 Currently, the City has four (4) Nortel PBX's, one (1) option 81c and five
(5) option 11cs. In addition, we have four (4) fiber remote cabinets and
fourteen (14) Norstar key systems.
.1.3 These Norstar sites are networked via leased T-1 lines or customer
provided fiber optic cable. The City also utilizes Plexar service and single
line service at smaller sites provided by Southwestern Bell supporting
approximately 400 telephones, modems, and faxes. There are four (4)
WATS lines that ring in on top of DID lines.
.1.4 Connection from the City's Northern Telecom switch to Southwestern Bell
is through four (4) ISDN PRI trunks at 916 Texas Avenue. We currently
lease a T-1 for a direct connection to our long distance provider.
2 Scope of Work
2.1 This RFP is being issued under the guidelines of a High -Technology
RFP. This means that failure to successfully meet all functional
requirements may not necessarily disqualify the vendor. This RFP is
intended to be functional in nature and allow responding vendors to be
creative in their approach to serving the City of Lubbock. Currently
available hardware and software is expected to be able to meet all of the
functional requirements of this RFP. Vendors should take exception to
functional specifications that they cannot meet and may offer alternative
solutions and/or additional features in their proposals. Price will not be
the only criteria of selection. The City may choose to select all, part, or
none of the vendor's proposal.
.2.2 In addition to your proposal, this RFP will require a separate formatted
response document. Section 7.0 of this RFP contains instructions
regarding Appendix A, which is to be -completely answered and returned
as part of your proposal.
.2.3 The responses to this RFP are to include the following:
.2.3.1
Services Provided
.2.3.2
Pricing
.2.3.3
Testing
.2.3.4
Support
.2.3.5
Maintenance
2.4 The selection process is open to as many qualified vendors as possible
to insure that the resulting service is the best available for the City.
NTS Response: Comply
2.0 VERIFICATION OF PROPOSAL CONTENTS
The City reserves the right to verify the contents of the bidder's proposal and the
respondent shall make every effort to cooperate.
3.0 STATEMENT OF REQUIREMENTS
.1 Vendor Information
1.1 This section will present general information about the vendor, including
financial information about the company, staff levels, implementation,
training and support capabilities.
NTS Response: vendor information
NTS Communications was founded in 1982 in Lubbock, Texas, primarily as
a long distance company. Initially focused on the Lubbock and Amarillo
area, NTS has expanded to include the entire Southwestern United States.
At the present time, NTS is the largest long distance carrier in the Lubbock
LATA billing over 140 million minutes per month. NTS provides service
both nationally and internationally. Today, over 30 long distance providers
use NTS as part of the overall network.
NTS is a privately owned, financially sound communications company
founded and based in Lubbock, Texas. The majority of its owners and 400
plus employees are Lubbock residents. Since its inception, NTS has
realized an annual growth rate of approximately 30% to 50%. NTS has
expanded to become a full telecommunications provider adding facilities
based dial tone, Internet, DSL, frame relay and toll free services to the
product line.
f
The NTS management team has an extensive background in
telecommunications and information management. Network reliability is of
utmost importance at NTS.
- The Network Design Department has over 75 years combined
experience in the development and management of telnet working
applications. Comprehensive training and continued education is an
important part of maintaining network reliability and growth. NTS has
served as the leader to design and implement state of the art fiber optic
networks linking the East and West coasts of the United States
spanning over 4,000 miles./ (see map under tab "additional
information")
Engineering assistance consists of several in-house personnel and
support from various outside consultant and equipment/facility
vendors.
Technical personnel have completed many hours of comprehensive
training in courses provided by equipment manufacturers and leading
industry applicable schools. All technical personnel are cross trained
and have completed formal training on test equipment and network
subsystems.
NTS has DSC DEX 600 switches in Lubbock, Amarillo and Dallas. In
addition to these switches, NTS has digital access cross -connects in over
12 cities and multiplexing equipment for DS-3 facilities where appropriate.
NTS switches are linked together by the most advanced call processing
and network control software available called common channel Signaling
System No. 7.
NTS has one of the most advanced Network Control Centers (NCC) in the
nation. The NCC is located at the Corporate Headquarters in Lubbock at
5307 West Loop 289. It is staffed 24 hours daily, 365 days a year by trained
technicians for fault location and maintenance.
Preventative maintenance routines are performed on each of the network
components according to the various manufacturers requirements.
Transmission quality is maintained by automated testing on a daily basis
and exceptions are reviewed and corrected daily.
Should a problem occur, the NCC technician will take information and
conduct all the necessary tests to identify the problem and clear it
independently or in cooperation with the customer, and/or local provider.
The NCC will notify the contact person when the trouble is cleared and
confirm that satisfactory service has been restored.
.2 The vendor must be able to provide monthly long distance service usage of
approximately 39,000 minutes.
NTS Response: NTS Communications is capable of providing more
than 39,000 minutes per month of long distance to the City of Lubbock.
.3 The vendor must be able to provide long distance service for City personnel when
travelling on official business. The volume of calling card usage is approximately
1,000 minutes per month.
NTS Response: Traveling employees can make calls on the NTS
network by use of a travel card and/or call back to the City of Lubbock via
toll free (800#)
.4 Equipment must be compatible with the City's PBX equipment, key systems, and
Plexar system. All costs associated with connecting the long distance service to
the City's PBX will be -paid by the vendor.
NTS Response: NTS equipment is compatible with the City's PBX
system and Southwestern Bell's Plexar system. The City currently uses
NTS Communications for long distance service, therefore no connection
costs are expected. Exception: NTS will be responsible for any cost
associated with long distance network failure, not the City's PBX or
internal failure.
5 The system must be secure from unauthorized use.
NTS Response: Physical service is secure between NTS and the
customer. Account codes will provide an added measure of dialinq
security. NTS provides additional security and fraud detections utilizing
PC based traffic monitoring. Surveillance is made on the following
parameters:
- Disallowed calls
- Repeated calls to the same number
- Authorization code hacking
- Repeated dialing patterns
- Trunk Group thresholds
- High risk trunk groups
- International calling patterns
- Call duration
- Authorization code usage
- Travel code usage
The individuals responsible for security and traffic management have
extensive knowledge and many years experience in the
telecommunications field.
.6 Detailed Cost Information
6.1 Vendor shall propose rates for the City of Lubbock that are not
exclusively tied to current tariffed rates. Proposals shall include the City's
eligibility for existing and future promotions and discounts. Vendor shall
use specific terminology when describing usage/discounts/savings, and
shall avoid vague terms such as "average gross monthly usage revenue."
If "averages" are used in the RFP, Vendor shall describe whether
averages included are monthly or annually, and at what point revenue is
averaged (i.e. before or after discounts are applied).
NTS Response: detailed cost information
Proposed services and associated rates
Rates apply to all time periods
Switched access —calls originate on regular business lines
4.9 cents/min out of state
6.9 cents/min in state
Dedicated access --calls originate through City's switch via NTS
furnished T1
4.0 cents/min out of state
4.0 cents/min in state
Toll free —inbound service (800#'s)
6.9 cents/min out of state
6.9 cents/min instate
Calling card service —used by traveling employees-800#
access
18.0 cents/min out of state
18.0 cents/min in state
Calling card service —used in Lubbock to charge calls to City-
950 access
6.9 cents/min out of state
4.9 cents/min in state
6.2 All governmental "mandated charges must be identified.
NTS Response: Governmental mandated charges
The City is exempt from most taxes and surcharges. The following are
governmental charges not exempted according to documents provided to
NTS at time of switchover
Universal Service Fund
911 Equalization Surcharge
Poison Control Surcharge
Gross Receipts Assessment
PICC charges on 4 lines out of city
.6.3 All discounts associated with particular uses for which the City, or portion
of the City may qualify, should be identified, i.e. — discounts to the Library
system.
NTS Response: Universal Administration Companies determines the
eligibility of the Library and the amount of discount for telecommunication
services. NTS honors this amount 100%.
.6.4 All discounts should be detailed by time of day and locations, as
necessary.
NTS Response: NTS offers the City the lowest rate. No discounts or
requirements are necessary.
.6.5 All costs associated with connecting the long distance service to the
City's existing PBX must be included in the cost.
NTS Response: The City is currently connected with NTS for long
distance service. No additional fee are anticipated.
General Requirements
7.1 Vendor will provide a list of customers with similar service which have
been operational at least two year. At least two (2) of these references
should be within the State of Texas.
NTS Response: Lubbock Independent School District
City of Midland
South Plains College
Plains Cotton Cooperative
Covenant Hospital Systems
7.2 Vendor will provide a plan for uninterrupted transfer of operations from
the City of Lubbock's existing system to the new system.
NTS Response: The City is currently using NTS long distance service
for dedicated, switched, calling card and toll free service. No transfer of
service is required.
7.3 Fully describe the procedure for crediting or deleting
unauthorized/unanswered calls (calls made by someone other than a City
employee), calls made from City extensions that are not answered at the
other end, or calls erroneously made (misdialed numbers).
NTS Response: The NTS network has a check digit system for
authorization code security. Only authorized account codes will be
allowed through the switch. These codes are assigned to the City at which
time the City will be responsible for the security of these codes.
Unanswered calls are not billed.
NTS issues credit for wrong numbers.
Your account representative issues credit for the above calls.
7.4 Documentation related to current rates and timing of subsequent
increases, including advance notice and expected magnitude, is to be
included in the proposal.
NTS Response: NTS foresees no increase in rates in the near future.
Any changes will be due to rate increases or decreases mandated by the
Public Utilities Commission or the Federal Communications Commission.
Should either entity dictate any rate change, NTS will notify the City sixty
(60) days prior to increase and 30 days prior to decrease.
7.5 Provide the specific grade of service the network is engineered to provide
and indicate whether new customers have been turned away due to
problems with facility accessibility.
NTS Response: The NTS network is engineered to provide a p.01 grade
of service. However, testing has proven it exceeds this quality. End to end
transmission quality from the closed end interface to the NTS network,
through the NTS network to the open end interface with the distant LEC
(local exchange carrier) shall meet or exceed all outlined minimum
standards. NTS shall not be responsible for the transmission quality within
the City's system, Southwestern Bell's system or the remote end office.
(see figure 1 at end of proposal for grade of service)
New customers have not been turned away due to lack of facilities.
.7.6 In the response, include documentation related to monthly billing detail to
be integrated with the existing Integratrak software, including but not
limited to the following:
• Who performs the billing function
• Availability of long distance charges on 3.5" diskettes or other
computerized medium
• How call time is rounded
• Ability to integrate billing information into software utilized by the City
of Lubbock
NTS Response: See also Addendum #1. The current NTS billing is
compatible with the Integratrak software being used by the City. NTS
currently provides information to the City using this format.
NTS provides all billing functions utilizing an IBM AS400 which is owned
and maintained by NTS.
Billing can be provided in paper, diskette and data transfer. Currently
paper and data transfer are being utilized.
Timing is rounded up to the nearest three (3) second interval for domestic
calls; six second (6) for international calls and one minute for Mexico calls.
(there is a 30 second minimum on all calls)
.7.7 Fully describe call timing supervision (when billing starts, ends, and
method employed).
NTS Response: Hardware Answer Supervision is employed so that only
answered calls are billed beginning at the precise moment the call is
answered. Should answer supervision identifying the begin time of the call
not be received after a preset time, the tandem switch would provide a
default "begin call time" signal and start Software Answer Supervision.
The preset time is specified via software for the switch, and is usually set
to the length of time for a call set-up to traverse the longest part through
the national network, plus a standard time for ten rings at the receiving
telephone. Typically, the default "begin time" parameter would be 45
seconds or following the detection of off -hook. Should software answer
supervision be received before the preset time-out the actual "software
begin time" would be recorded and inserted into the call detail record
(CDR). This supervision is controlled by the end office. The end office
supplies the answer information to NTS at which time the billing begins.
Sampling is done in three second increments so that the billing ends within
a three second time span.
Noise sampling is not used as a means of timing calls. The switch
computer is able to discern noise from conversation, ringing and busy
signals by detecting the PCM equivalent of voice to determine if the call
has been answered. (Based on patented tone detection processes.)
The margin of error is 0.1%.
.7.8 State and describe if your system uses authorization codes and how they
are used to access your system
NTS Response: The NTS long distance system has a check digit system
for security. 1+ dialing requires the user to access the system, dial 1+area
code + 7 digit phone number. A tone is returned at which time the user
enters his 4 digit code. The call is then completed.
A calling card code is used by accessing -the long distance switch with an
800# access, entering a 10 digit code, then dialing the number to be called.
.7.9 Can authorization codes be changed at a later date, yes or no? If yes,
describe any charges that apply.
NTS Response: Authorization codes can be changed at any time,
allowing processing time. There is no charge for code service or changes.
.7.10 Assuming the City uses authorization codes to track and bill the calls
made by each City department, can the monthly billing statements for
each code be printed separately? If yes, indicate if there is an additional
charge, and if so, how much.
NTS Response: Yes, codes can be billed separately. There is no
additional charge.
.7.11 Will your service issue a busy signal to commercial users (such as the
City) if all your switching circuits, not the City's outgoing central office
trunks, are busy? If yes, explain what happens when all your circuits are
busy. Will the long distance call originating from the City be blocked
(given a busy signal?); automatically re-routed and charged as
proposed? Automatically re-routed and not charged as proposed?
NTS Response: The City would receive a busy signal on "dial 9" access
if all circuits are busy between Southwestern Bell and NTS. "Dial 8" access
would receive NTS dial tone, "all circuits busy" occurs less than 0.1%. The
City will receive quoted rates on all routing.
4.0 WARRANTY AND MAINTENANCE
.1 The vendor must agree to coordinate testing and problem resolution with Nextira
Communications, the telecom switch equipment vendor, and Southwestern Bell,
as well as, any other service provider involved. This should be stated in writing
as part of the proposal.
NTS Response: Assurance—NTS hereby agrees to coordinate testing
and problem resolution with Nextira Communications, and Southwestern
Bell as well as any other provider involved.
.2 The location of the maintenance and service facility should be provided.
NTS. Response: Maintenance and testing facilities are located @ 1220
Broadway and at 5703 West Loop 289, Lubbock, Texas. (Redundant
facilities are also located in Amarillo and Dallas, Texas.) Dispatch can
occur within one hour if location assistance is required.
3 Available maintenance and testing capabilities should be fully described including:
.3.1 Location and detailed capabilities of remote maintenance and testing
facilities. Technical levels at the facility, including experience and
availability of engineering assistance.
NTS Response: Remote testing and maintenance facilities are located
in Amarilto 9ncCDFalta89Texas. La el-T and 2 technicians reside at these.
locations. Senior engineers are available 24/7.
The NTS digital tandem switches incorporate fully redundant
microprocessors in a distributed architecture. This distributed network
architecture functionally partitions the system and provides significant
throughput advantages over single processor architectures.
Fault detection and facility testing are an integral part of the network
subsystems. Performance monitoring of the attached facilities is
performed on a 24 hour basis. Alarm conditions and facility degradation,
such as the bit error rate, loss of frame and bi-polar violations are
accumulated and analyzed on a real-time basis.
The integral processors built into the network. subsystems detect these
alarms and degradations causing the redundant facility systems to switch
to stand-by. In many cases, with this technology NTS will be able to
diagnose, isolate and rectify trouble conditions before they reach customer
level.
.4 Maintenance response must be such that it will take no more than two (2) hours
from the time an outage is reported until it is repaired.
NTS Response: NTS facilities and technicians are located in Lubbock
and can be dispatched within 1 hour if required. Most repairs occur within
the two (2) hour window, however NTS cannot guarantee repair time of 2
hours if due to fiber/line cut or acts of God such as flood, tornado etc. A
complete service inventory is maintained and the network has standby
protection.
.5 Provide a detailed description of escalation procedures for unresolved service
problems, including time frames.
NTS Response:
- trouble reported to NCC by calling 800-658-2101
- trouble ticket is established stating problem, getting call back info
- testing done immediately or dispatch within 1 hour if need is
determined
- automatic escalation timeframe
- 50% outage 1 hour escalation interval
- 25%-50% outage 2 hour escalation interval
- 25% or less outage 3 hour escalation interval
****ESCALATION CAN BE REQUESTED AT ANY TIME********
trouble can also be reported to your account representative at any time
after an initial ticket is opened.
.6 Identify the number, qualifications, and experience level of technicians and
management personnel permanently located in the Lubbock area. This summary
should include individual experience of upper level technicians and technical
management personnel.
NTS Response: NTS employs in excess of 200 technicians and
management personnel. The number on active duty depends on time of
day, storm situation and national network conditions. The management
personnel and line of escalation are:
Jim Lampier, Operation Manager- NCC office # 806 797 0698
Or 800 658 2101
Pager 806 783 3741
Experience: Manager General Telephone — 25 years
Manager NTS — 7 years
Charles McGowan, Senior Manager-NCC office # same as above
DID 806 788 2975
Cell 806 239 4890
Experience: Manager Southwestern Bell — 25 years
Senior manager NTS — 8 years
Jimmy Bennett, Vice President -Fiber Network office 806 797 0687
DID 806 788 2992
Cell 806 786 1385
Brad Worthington, COO office 806 797 0687
DID 806 788 2961
5.0 ACCEPTANCE TESTING
.1 The successful proposer shall fumish, install, monitor, and demonstrate complete
operational capability of the long distance service and compliance with this
proposal specification. Operational capability will be demonstrated by fifteen (15)
days continuous successful operation. Continuous successful operation will be
defined as the long distance service being fully functional during the test period.
NTS Response: Read and understood. Comply.
6.0 EVALUATION CRITERIA
1 Proposals will be evaluated based upon the information supplied in the proposals.
The following weights will be assigned to the following evaluation criteria:
.1.1 35% Ability to address the specifications
.1.2 30% Vendor qualifications and support staff
1.3 35% Total proposed cost
.2 A minimum score of 80% or better is required in each evaluation factor category.
3 The City of Lubbock reserves the right to negotiate all elements which comprise
the vendor's proposal to ensure that the best possible consideration be afforded
to all concerned.
NTS Response: Read and understood
7.0 PROVIDER RESPONSE DOCUMENT
.1 Instructions for Appendix A:
2 Appendix A of the RFP is intended to serve multiple purposes:
It will specify requirements desired and expected by the City to fully integrate
the product.
• it will allow bidders to respond in a uniform, consistent manner to each
requirement, allowing for a complete response.
• It will provide an opportunity at the end of this section to take exception to
requirements, and terms and conditions of this RFP for consideration by the
City.
.3 This section of the RFP can be re-entered into a vendor's word processor to
expand the length of response formats. No requirements or questions should be
rearranged or deleted.
.4 Appendix A of the RFP must be returned with the proposal on the specified due date and will
represent a major factor in the evaluation process. Vendors should respond completely.
.5 The general requirements in Appendix A are intended to be functional. To assist
in evaluating each proposal, a uniform coding scheme has been designed for use
by the vendor for each requirement specified. The vendor should place a
response code beside each requirement in the field provided. The response
codes are determined as follows:
➢ INCRequirement(s) is included in the proposed base system and installed
and operating in at least three (3) customer sites. If this code is used, you
must presently have at least three (3) customer sites installed and operational
using this requirement with the proposed system. Any other use of this code
may result in rejection of the vendor's response. .
➢ NOP Requirement(s) is included in the proposed base system.
However, it is not currently installed and operational in at least three (3)
customer sites.
➢ MOD - Requirement(s) will be provided by proposed modifications to the
base system/software packages at no additional expense to the Agencies.
➢ ADD Requirement(s) will be provided by proposed modifications to the
base system/software packages at additional expense to the Agencies. Use
the Optional Cost entry to specify this cost.
➢ NP Requirement(s) cannot be provided.
6 Any omitted responses or blank fields will be assumed to have a response code
of "NP", requirements. cannot, be provided.
7 Most terms referenced in this section use standard industry definitions. Vendor
specific terms may be utilized, but are intended to be generic in definition, with
similar feature/service offerings provided by multiple vendors.
8.0 ADDITIONAL INFORMATION
.1 Any additional information and documentation that the bidder includes to present
a complete and definitive proposal should follow the necessary sections listed
above. The additional documentation should include any and all information
necessary to evaluate the technical and financial capabilities of your individual
company, as well as any brochures, general descriptions, training manuals,
implementation schedules, or other material provided by the vendor that
adequately illustrates and describes the product being proposed.
----------------------------- ------------------------------
N
m
rL-
THE PROPOSAL
Since NTS is the current long distance carrier, no changes in
configuration is recommended. The following is a list of proposed
services and associated rates. Rates apply to all time periods.
Switched access —calls originate on regular business lines
4.9 cents/min out of state
6.9 cents/min in state
Dedicated access —calls originate through City's switch via NTS
furnished T1
4.0 cents/min out of state
4.0 cents/min in state
Toll free inbound service (800#'s)
6.9 cents/min out of state
6.9 cents/min instate
Callinq card service —used by traveling employees--800#
access
18.0 cents/min out of state
18.0 cents/min in state
Calling- card service --used in Lubbock to charge calls to City-
950 access
6.9 cents/min out of state
4.9 cents/min in state
Resolution No. 2002—R0079
DEDICATED SERVICE ENROLLMENT FCRIM AND AGREEMENT
The undersigned Customer hereby leases from NTS Communications, Inc. ("NTS"), and NTS agrees to lease to
Customer, the following described dedicated ser/ices under the terms and conditions of this Agreement:
Tvoe of Facility: I
0 .analog SAL 0 56K 0 DS-1 9 ESF (DS-1 Only) Q BSLS (DS'1 or 56K
Location of Facidit+r:
LOCATION A CONTACT INFORMATION (SERVICE LOCATION #V:
Technical Contact Name:
Phone:
NPA-NXX of Location A:
Location A Address:
Suite/Floor#:
LOCATION Z CONTACT INFCRMATION (SERVICE LOCATION #2):
Technical Contact Name:
Phone:
NPA-NXX of Location A:
Location Z Address:
Suite/Fioor,#:
Fricinc of Faciikv:
T otal Mcnthly Recurring Charge Per Each (MPC}: s
Total Installation Charge Per Each (NBC;: $
Quantity of Circuits: Total MRC: $
Total NRC: $
Service TermCommitment (beginning on turn -up date of facility):
A. Early Termination. In the event Customer terminates service prior to the expiration of the Service Term
Commitment, Customer agrees to pay an early termination fee equal to 100%oi the monthly recurring and
installation charges for each month or partial month remaining in the Service Term Commitment at the time of
termination..
B. Comolets Agreement. This Enrollment Form and Agreement is subject to, and governed by, the terms and
conditions set forth in the Generally Available Terms and Conditions of NTS Communications, Inc. which is on
file and available for inspection at the offices of the company. This Form and the Generally Available Terms
and Conditions supersede any prior or contemporaneous proposals, discussions or agreements, written or oral,
concerning the services referenced herein.
AUTHORIZATION
Your signature acknowledges that you understand the terms and conditions under which the dedicated facility
will be provided and that you are duly authorized to make the commitment set forth herein.
Customer:
NTS Communications, Inc.
By: By:
Printed dame: Printed Name:
Title: Title:
Date: Data:
Sales initials:
Sales Office:
Resolution No. 2002—R0079
EXHIBIT "B"
General
NTS shall provide to Customer, and Customer shall pay for, the facilities identified herein.
Description of Facilities
Monthly Non -
Recurring Recurring
Type of Charge Charge
Service Q�t Location A Location Z Per Each Per Each
Pt-pt T1 1 1220 Broadway 916 Texas Ave $330.00 $0.00
Total Monthly Recurring Charge: $ 330.00
Total Non -Recurring Charge: $ 0
Expedite Charges (If Applic.): $
Service Term (beginning on tum-up date of facility): 12 months
INITIALS:
9
INITIALS:
Resolution No. 2002-R0079
411111111tNT5"
COMMUNICATOMS
SWITCHED SERVICE ENROLLMENT FORM AND AGREEMENT
The undersigned Customer hereby enrolls in the NTS Communications, Inc., Switched Service Term Plan subject
to the terms of this Enrollment Form and Agreement.
Name:
Address: ❑
City: ❑
Contact Name:
Telephone #:
TERMS AND CONDITIONS
Service Term Commitment
Term Start (Turn -Up Date):
Month -to -Month
12 Months
24 Months
A. Early Termination. In the event Customer terminates service prior to the expiration of the Service Term
Commitment, Customer agrees to pay an early termination fee equal to 35% of Customer's average monthly long-
distance charges until the termination date multiplied by the number of whole and partial months remaining in the
unexpired Service Term Commitment.
B. Notification Requirements. All Customer requests to terminate this Enrollment Form and Agreement must be
made in writing to NTS Communications, Inc., no later than the 20th day of the month preceding the month in which
the desired action is to take effect.
C. Complete Agreement. This Enrollment Form and Agreement is subject to, and governed by, the terms and
conditions set forth in the Generally Available Terms and Conditions of NTS Communications, Inc. which is on file
and available for inspection at the offices of the company. This Form and the Generally Available Terms and
Conditions supersede any prior or contemporaneous proposals, discussions or agreements, written or oral,
concerning the services referenced herein.
AUTHORIZATION
Your signature acknowledges that you understand the terms and conditions under which the Switched Service will
be provided and that you are duly authorized to make the commitment set forth herein.
Customer:
NTS Communications, Inc.
By: I By:
Printed Name: BARBARA ANDREWS Printed Name:
Title: PRESIDENT Title:
Date: Date:
OFFICE USE ONLY
Sales Initials: Sales Office: LBK
THE PROPOSAL
Since NTS is the current long distance carrier, no changes in
configuration is recommended. The following is a list of proposed
services and associated rates. Rates apply to all time periods.
Switched access. —calls originate on regular business lines
4.9 cents/min out of state
6.9 cents/min in state
Dedicated access —calls originate through City's switch via NTS
furnished T1
4.0 cents/min out of state
4.0 cents/min in state
Toll free —inbound service (800#'s)
6.9 cents/min out of state
6.9 cents/min instate
Calling card service —used by traveling employees-800#
access
18.0 cents/min out of state
18.0 cents/min in state
Calling card service —used in Lubbock to charge calls to City-
950 access
6.9 cents/min out of state
4.9 cents/min in state