HomeMy WebLinkAboutResolution - 2002-R0310 - Agreement For Smarttrunk Service - Southwestern Bell Communications - 08/29/2002Resolution No. 2002-RO310
August 29, 2002
Item No. 40
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, an Agreement for
SmartTrunk service, by and between the City of Lubbock and Southwestern Bell
Communications of Lubbock, Texas, and related documents. 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 City Council.
Passed by the City Council this 29th
ATTEST:
Re ecca Garza, City Secretar
AS X0 CONTENT:
T
APPROVED AS TO FORM:
Alla� e& /Y�
William de Haas
Contract Manager/Attorney
gs/ccdocs/Agrmnt-Southwestern Bell Comm.res
August 20, 2002
day of August , 2002.
MARC MCDTAL, MAYOR
Resolution No. 2002—RO310
(!4EWtl�1"ti Bell Primary Rate ISDN: SmartTrunk7, SelectVideo°, SelectData®
Confirmation of Service Order
This Confirmation of Service Order (the "Order") serves as confirmation of Customer's selection
of the SBC Primary Rate ISDN service identified on page 2 of the Order (the "Service") and the
corresponding payment plan chosen by Customer for such Service. The prices, terms and
conditions under which the Service is provided are set forth below.
1. Prices. The rates for the Term Payment Plan (TPP) shown in this Order are the rates in effect
at the time of execution of this Order. The Monthly charge will automatically increase or decrease
as SBC initiated price changes in applicable tariffs become effective. However, rate increases in
excess of the Total Monthly Charge shown on page 2 will not be applied.
2. Term. The period of time during which the Service will be provided (the "Term") corresponds
to the TPP selected by Customer on page 2. Upon completion of the Term, the Service will
automatically convert to month-to-month rates until Customer cancels or renews the Service.
3. Early Termination. If Customer terminates the Service prior to the expiration of the Term,
Customer will be charged the applicable state tariff rates for early termination in effect on the date
of execution of the contract.
4. Renewal. During the Term, Customer may convert to a new term payment plan of the same or
different length, provided the new term extends beyond the original Term. If Customer does not
select a new TPP and does not request discontinuance of the Service prior to expiration of the
Term, the Service will be automatically renewed and the month-to-month tariff rates in effect for
the Service at such time will be charged.
5. Limited Liability. The liability of SBC for damages arising out of mistakes, omissions,
interruptions, delays, errors or defects in transmission occurring in the course of furnishing the
Service, and not caused by the negligence of Customer, shall in no event exceed an amount
equivalent to the proportionate charge to Customer for the period of Service during which such
mistake, omission, interruption, delay, error or defect in transmission occurs. No other liability
shall in any case attach to SBC.
6. Cancellation. If Customer cancels this Order before the Service is established, Customer shall
reimburse SBC for all expenses incurred in processing the Order and in installing the required
equipment and facilities.
7. Assignment. Unless by merger, sale or acquisition, Customer shall not assign or otherwise
transfer any rights or obligations under this Order without the prior written consent of SBC, which
shall not be unreasonably withheld or delayed. If Southwestern Bell consents to the assignment,
Customer agrees to execute forms required by Southwestern Bell. Any such assignment without
prior written consent of Southwestern Bell shall be void.
8. Tariffs/Catalog. In the event of conflict or discrepancy between the provisions of this Order
and the provisions of the applicable tariffs or catalog, the provisions of applicable tariffs shall
govern and control.
9. Entire Agreement. This Order and the applicable tariff or catalog are the complete agreement
of the parties regarding the provision of the Service and supersede any discussions,
representation, or proposals, written or oral, concerning the Service.
4/26/2002
RESTRICTED - PROPRIETARY INFORMATIONThe information contained herein is for use by authorized
employees of the parties hereto only and is not for general distribution within or outside their respective
companies.
1 of 2
Primary Rate ISDN: SmartTrunk'", SelectVideO, SelectData°
Confirmation of Service Order
Primary Rate ISDN Type ® SmartTrunk ❑ SelectVideo ❑ SelectData
Order Type ❑ New Install ❑ Conversion from M -M ® Renewal ❑ Winback
Local Number Portability? []Yes ®No
Term Payment Plan Ell months ❑24 months 036 months ❑48 months ❑60 months
Quantity ISDN Prime Circuits FOUR
Requested Installation Date
Interface/Port Monthly Charge $350.00 X 4 =$1.400
Interface/Port NonRecurring Charge $
Circuit Location Addresses
Your signature acknowledges that yQu understand and accent the terms and conditions for SBC
ISDN Prime Service and that you are authorized to make the commitments under this Order.
August 29, 2002
Date
CITY OF LUBBOCK[
Company Name
P.O. BOX 2000
Billing Address
LUBBOCK, TX. 79457
City, State, and Zip Code
806-775-3000
Existing Billing Account Number (if applicable)
Southwestern B iiJ eD ne L.P.
A, jtl1or97Pd Signature o'
BRAD SUGGS, REGIONAL MANAGER
Print Name and Title
B120110Z
Date
SBC Sales Representative:
Mail Sianed Ori inal to:
Contract Information Management
1616 Guadalupe St
Room 710
Austin, Texas 78701
Sales Information: Order Information:
Channel: GEM
Order Center:
Name: GAIL NORTH
Center Location:
Phone: 806-472-1730
Fax: 806-472-1732
Sales Code: WSOKCNX
4/26/2002
RESTRICTED - PROPRIETARY INFORMATIONThe information contained herein is for use by authorized
employees of the parties hereto only and is not for general distribution within or outside their respective
companies.
2 of 2
CONTRACTOR: Southwestern Bell Communications
CITY OF LUBBOCK: Telecommunications Department
916 Texas Avenue
Lubbock, TX 79457
Signed on this the 29th day of August 2002.
CITY OF LUB OCK, TEXAS:
Marc McDougal
Mayor
APPROVED AS TO CONTENT:
SWB COMMUNICATIONS:
qzu'
BrA Suggs
Regional Manager
APPROVED AS TO FORM:
Sharlett Chowning illiam de Haas
Director of Information a nolo ontracts Manager/Attorney
ATTEST
Re ecca Garza
City Secretary
Resolution No. 2002-RO310
0
July 1, 2002
Ms. Leslie Cox
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Leslie:
Per our discussion, this letter is intended to provide confirmation of service concerning
the City's SmartTrunk service on BTNs 806-775-3000 (three spans) and 806-472-1554
(one span).
As you are aware, Southwestern Bell provides the City of Lubbock's above -reference
SmartTrunk service. (The Tariff provisions which govern this service are found in the
Integrated Services Tariff, Section 2.) Security and reliability policies of the City provide
redundancy in communications, and the City's SmartTrunks are secured with redundancy
through loop protection in redundant routes and via redundant central offices. To our
knowledge, Southwestern Bell is the sole source in Lubbock with the ability to provide
SmartTrunk service with this level of security via redundant routes and redundant central
offices.
If you have further question or need additional information, please do not hesitate to call!
We apprecia a ur business!
. ail No
Se 'or Account Manager
Page 1 of 2
Resolution N0. 2002-80310
REQUEST FOR EXEMPTION FROM LOCAL GOVT CODE 252
(For Expenditures Over $3,000)
Name of Managing Director Submitting Request: S te'li lu�uq
Division: TCY�y�IO�N Department:
Provide a detailed description of item(s) or service(s) exempt from the Texas Local Government Code per
§252.022 and an explanation why the items(s) or service(s) are necessary. Explain what the items are, how
the items will be used, who will use the items, when and where the items will be used.
2. Statutory exemption for (Circle one or more if applicable):
k
(7) a procurement made because of a public calamity that requires the immediate appropriation of money to
relieve the necessity of the municipality's residents or to preserve the property of the municipality, (In case
of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation;
however, such procurement shall be made with such competition as is practicable under the
circumstances. A written determination of the basis for the emergency and for the selection of the
particular contractor shall be included in the contract file. Attach Emergency Purchase Explanation
Form PUR-075 to this request.)
(2) a procurement necessary to preserve or protect the public health or safety of the municipality's residents
(Attach Emergency Purchase Explanation Form PUR-075 to this request.)
(3) a procurement necessary because of unforeseen damage to public machinery, equipment, or other
property;
4) a procurement for personal or professional services,
(5) a procurement for work that is performed and paid for by the day as work progresses;
(6) a purchase of land or a right-of-way,
(7) a procurement of items that are available from only one source, including, (Attach Sole Source
Justification Form PUR-070. Upon a determination in writing that there is only one source practicably
available for that which is to be procured, a contract may be negotiated and awarded to that source without
competitive sealed bidding or competitive negotiation.)
(A) Items that are available from only one source because of patents, copyrights, secret processes, or
natural monopolies,
(B) Films, manuscripts, or books;
(C) Electricity, gas, water, and other utility services,
(D) Captive replacement parts or components for equipment;
(E) Books, papers, and other library materials for a public library that are available only from the persons
holding exclusive distribution rights to the materials;
(F) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or
other facility to which the organization has provided significant financial or other benefits;
(8) a purchase of rare books, papers, and other library materials for a public library,
(9) paving drainage, street widening, and other public improvements, or related matters, if at least one-third
of the cost is to be paid by or through special assessments levied on property that will benefit from the
improvements,
(90) a public improvement project, authorized by the voters of the municipality, for which there is a deficiency
of funds for completing the project in accordance with the plans and purposes authorized by the voters,
PUR-010 (Rev 11/01)
Page 2 of 2
(11) a payment under a contract by which a developer participates in the construction of a public improvement
as provided by Subchapter C, Chapter 212,
(12) personal property sold.
(A) at an auction by a state licensed auctioneer,
(B) at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business &
Commerce Code;
(C) by a political subdivision of this state, a state agency of this state, or an entity of the federal
government, or
(D) under an interlocal contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391;
(13) services performed by blind or severely disabled persons,
(14) goods purchased by a municipality for subsequent retail sale by the municipality,• or
(15) electricity.
3. Factual justification for request (Give a brief summary why this request falls within one or more of the
exceptions circled in paragraph 2 above.): �4�tCil)Q�AI �S Ok)Ak
- - - A 1 I - F -
REQUISITION #: REQUISITION AMOUNT: $
Approval must be obtained from the Fleet Services Manager when the purchase includes rolling stock (e.g., autos, trucks, off-road
equipment, farm equipment, trailers, utility/service bodies, etc.).
Signature of Fleet Services Manager Date
Approval must be obtained from the Manager of Information Technology when the purchase includes any computer systems,
comp er hardware, comnumr software, or computer peripherals.
7 f,
ature of Manager of Info ation Technology Date
RECOMMENDED AND SUBMITTED BY:
AL
1AU 0 6 nU��t� 'IS",
-�94nhtuig of Managing Director Date
MPTIO APPROVED AND AUTHORIZED BY:
�,r Ab
ature of Contract Manager/A tomey
w
ature of PurchasiJ@ Manager
Date
Date
PUR-010 (Rev 11/01)
Vendor:
CITY OF LUBBOCK
Sole Source justification
Product/Service:
Estimated annual expenditure for the above commodity or service:
3yi2
Initial all entries below that apply to the proposed purchase Attach Request for Exemption from
Local Govt Code 252 (form PUR-010) containing complete justification and support documentation
as directed in initialed entry. (More than one entry will apply to most sole source products/services
requested).
1. ��-� SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER, THERE ARE NO
REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certification that no regional
distributors exist. Item no. 4 also must be completed.
2. _ SOLE SOURCE REQUEST IS FOR THE ONLY GREATER WEST TEXAS AREA DISTRIBUTOR OF THE
ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's —not the distributor's —
written certification that identifies all regional distributors. Item no. 4 also must be completed.)
3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER
MANUFACTURER. (Explain in separate memorandum.)
4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS
DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of
specialized function or application.)
5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION.
(Attach memorandum describing basis for standardization request.)
6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE
SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM.
The undersigned requests that Texas Local Government Code §252.021 Competitive Bidding and Competitive
Proposal Requirements be waived and that the vendor identified as the supplier of the service or material
described in this sole urce justification be authorized as a sole source for the service or material.
EPA T HEADS NATURE MANAGING DIRECTOR SIGNAT
DEPARTMENT DIVISIO DATE
(PURCHASING DEPARTMENT USE ONLY)
APPROVED BY PURCHASING: DATE: 9,0177-,OQo�
DISAPPROVED BY: DATE:
REASON FOR DISAPPROVAL:
PUR-070