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HomeMy WebLinkAboutResolution - 2013-R0384 - Contract, As Amendment To Agreement - AT&T - AT&T Master Agreement - 11/07/2013Resolution No. 2013-RO384 November 7, 2013 Item No. 5.15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11523 as Amendment 1 to the AT&T Master Agreement 201307187603UA for telephone maintenance services, by and between the City of Lubbock and AT&T, and 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 City Council. Passed by the City Council on November 7, 2013 C. ROBERTSON, MAYOR ATTEST: I___ ___ -.4 1_)X_ e cca Garza, City Secre ary APPROVED AS TO CONTENT: Mark ood, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdocsi RES. Contract -AT&T October 30, 2013 w at&t Resolution No. 2013-RO383 AT&T Equipment Resale and Related Services Pricing Schedule o20131 D,;W--Y313 MA Reference No.: 201307187603UA Pricing Schedule No.: CUSTOMER Legal Name (`Customer") AT&T Glol5ai Services AT&T Branch Sales Contact Name City of Lubbock SBC Global Services, Inc. dba AT&T Global Name: Brad Hays Sub -Rider D1— Avaya-Provided Maintenance Services ("AT&T") ❑ Sub -Rider B1 - Cisco Try and Buy Program CUSTOMER Address AT&T Co!R. Address and Contact AT&T Branch Sales Contact Information 1301 Broadway One AT&T Plaza 2010 Avenue R Lubbock, TX 79401 Dallas, TX 75202 Lubbock, TX 79411 Sub -Rider D4 — removed Attn: General Attorney (806) 472-1777 ❑ Sub -Rider D5 — Video Surveillance Equipment and Related Services Email: bh6530@att.com CUSTOMER Contact CUSTOMER Billing6ddress AT&T Contact Information Name: Clifford Crow Attention: Telecom Nancy Alfke Telephone: (806) 775-2357 P O Box 2000 555 S Executive Drive, 2n4 Floor Fax: (806) 774-8908 Lubbock, TX 79457 Brookfield, WI 53005 Email: ccrow@mylubbock.us (262) 938-5661 Customer Number: 20095518 na1635@att.com This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. In the case of a conflict, the descending order of priority for the documents in this Pricing Schedule is the applicable Sub -Rider, the applicable Rider and the General Terms. X Rider A — Purchased Equipment X Rider D — Services ❑ Rider B — Additional Cisco Terms ❑ Sub -Rider D1— Avaya-Provided Maintenance ❑ Sub -Rider B1 - Cisco Try and Buy Program X Sub -Rider D2 — AT&T -Provided Maintenance ❑ Sub -Rider B2 — Technology Migration Plan ❑ Sub -Rider D3 — AT&T Warranty Services ❑ Rider C — Purchased Equipment Discounts ❑ Sub -Rider D4 — removed ❑ Rider E — Additional Avaya Terms ❑ Sub -Rider D5 — Video Surveillance Equipment and Related Services ❑ Rider F — ShoreTel Mobility Router ❑ Sub -Rider D6 — Enhanced Transport Service X Sub -Rider D7 — Statement of Work X Exhibit A — Insurance CUSTOMER: City o u k By: I thoriz sentative) Glen C. Robertson (Typed or Printed Name) Mayor (Title) November 7, 2013 (Date) ATTEST: 'D . OAP Reb tca Garza, City Secretary APPROVED AS TO CONTENT: '__M" " Mari Yearw( d, Assistant City Manager AT&T Corp. B&Z y its authorized r sentative) (Typed or Printed Name) Lisa Cascy-G11" Contrlcts (Title) (Date) 174 APP , ]D A TO FORM: Chad Weaver, Assistant City Attorney CPE UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information Page 1 of 1 V. 06/15/12 HRID: GENERAL TERMS APPLICABLE TO AT&T EQUIPMENT RESALE AND RELATED SERVICES SERVICES AND PURCHASED EQUIPMENT • Purchased Equipment - equipment or software ("Software") AT&T sells to Customer. Purchased Equipment includes replacement hardware and Software provided in connection with AT&T -Provided Maintenance and Warranty Services. • Services — per applicable Riders and Sub -Riders QUOTE AT&T may provide a quote for the price of Purchased Equipment or Services to Customer ("Quote") or include such information in a SOW. Such Quote will expire thirty (30) days after the date of the Quote, unless a different time period for expiration is stated in the Quote. ORDERS (a) Order means an order for Purchased Equipment or Services including Statements of Work and requests to change an Order that Customer submits to AT&T in writing (or other method specifically authorized by AT&T). AT&T reserves the right not to accept any Order. No terms and conditions, or other language contained in any Customer -supplied document or purchase order shall apply. (b) Telephone Orders may be accepted for moves, adds, or changes to Purchased Equipment that do not require design engineering support from AT&T or the vendor and can be ordered off the shelf without being configured or designed with other components. TAX EXEMPTION Customer must present a tax exemption certificate to AT&T, valid in the place of delivery, prior to or with an Order to receive exemption status. TERMINATION (a) Either party may terminate this Pricing Schedule upon thirty (30) days' prior written notice, except that all work under any outstanding Orders will be completed unless one party notifies the other otherwise in writing. (b) Customer may terminate an Order on five (5) days prior written notice. AT&T may recover all amounts owing under the Order, any time, materials and expenses incurred through the effective date of termination, and any third party charges resulting from the termination. LIMITATION OF LIABILITY (a) EACH PARTY'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY TWELVE MONTH PERIOD) TWICE THE NET PURCHASE PRICE OF THE PURCHASED EQUIPMENT OR SERVICES (N THE ORDER GIVING RISE TO THE LIABILITY. THE LIMITATION IN THIS SECTION SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES. (b) AT&T SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD CUSTOMER HARMLESS FROM OR AGAINST ANY SETTLEMENTS, DAMAGES, COSTS AND OTHER AMOUNTS INCURRED BY CUSTOMER ARISING FROM THE ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY BASED ON EQUIPMENT, SOFTWARE OR SERVICES FURNISHED UNDER THIS PRICING SCHEDULE. PURCHASED EQUIPMENT WARRANTY AND LIMITATION ON USE (a) AT&T shall pass through to Customer any warranties available from Try -and -Buy or Purchased Equipment manufacturers or licensors. The manufacturer or licensor and not AT&T is responsible for any such warranties. (b) Except as set out in Section 7(a), ALL TRY -AND -BUY AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. AT&T DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING). (C) TRY -AND -BUY AND PURCHASED EQUIPMENT IS NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR, OR OTHER HIGH-RISK APPLICATIONS IN WHICH FAILURE OF SUCH TRY -AND -BUY OR PURCHASED EQUIPMENT COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE, OR CATASTROPHIC PROPERTY DAMAGE. IF CUSTOMER CHOOSES TO USE TRY -AND -BUY OR PURCHASED EQUIPMENT FOR SUCH APPLICATIONS, CUSTOMER DOES SO AT ITS OWN RISK. PRIOR AGREEMENTS This Pricing Schedule replaces any existing agreements for the purchase of equipment and equipment -related products and services between Customer and the following AT&T Affiliates: SBC Global Services, AT&T DataComm and BellSouth Communication Systems, LLC. CPE UA Pricing Schedule — STANDARD AT&T and Customer Confidential Information Page 2 of 2 V. 06/15/12 HRID: Rider A — Purchased Equipment AVAILABILITY AND DELIVERY SCHEDULE AT&T's delivery of Purchased Equipment is contingent upon the availability and the delivery schedule of the manufacturer or supplier. AT&T can not guarantee availability or firm delivery dates. Purchased Equipment is deemed accepted by Customer upon passage of title and risk of loss. TITLE AND RISK OF LOSS Title to and risk of loss of Purchased Equipment passes to Customer on delivery by manufacturer or supplier to the carrier; provided that if AT&T also provides Services (other than Warranty Services or Maintenance Services) in connection with the Purchased Equipment, title and risk of loss passes to Customer on delivery to Customer. SHIPPING AND STORAGE (a) Shipping Charges. (i) Standard Fee for AT&T -provided shipping: One percent (1 %) of the total purchase price for the Purchased Equipment (other than Software) shipped. (ii) Customer may request in an Order to be invoiced by the carrier of its choice by providing AT&T the identification of the shipper, Customer's account information, and method of shipment. (iii) If Customer requires overnight shipping, Customer should make such a request in writing and AT&T will quote the pricing associated with such delivery on a case by case basis. (b) Storage Charges. Any storage charges for Purchased Equipment following transfer of title and risk of loss are the sole responsibility of Customer and are not included in shipping charges. INVOICING; CREDIT TERMS AT&T may invoice Customer for Purchased Equipment upon delivery to the carrier. AT&T shall retain a purchase money security interest in each item of Purchased Equipment purchased under this Pricing Schedule until Customer pays all sums due under this Pricing Schedule and all Orders. Customer appoints AT&T as Customer's agent to sign and file a financing statement to perfect AT&T's security interest. PURCHASED EQUIPMENT RETURNS (a) Warranty Returns. If Purchased Equipment requires return during its respective warranty period, and the manufacturer or supplier determines such Purchased Equipment qualifies for a return, AT&T will obtain a Return Material Authorization ("RMA") and instructions from the manufacturer or supplier. Upon AT&T providing the RMA to Customer, Customer will return the Purchased Equipment according to the manufacturer's or supplier's policies and instructions. (b) Non -defective Returns. If Customer seeks to return Purchased Equipment that is non -defective or not otherwise covered by a warranty, Customer must contact AT&T to obtain an RMA with instructions within fifteen (15) days following delivery of such Purchased Equipment to the ship -to address in the applicable Order. Any such return shall be at the sole discretion of the manufacturer or supplier. If the return is authorized, Customer will be responsible for payment of any associated return or restocking fee, return shipping costs, and risk of loss of the Purchased Equipment. (c) Maintenance Returns. To return Purchased Equipment covered by a maintenance service plan, Customer must contact the applicable maintenance provider to obtain an RMA and instructions. MANUFACTURER -PROVIDED SERVICES Manufacturer -Provided Services identified in Customer's Order with the manufacturer's stock -keeping unit number are provided directly to Customer by the manufacturer under a separate agreement between Customer and the manufacturer. Customer shall assent to and comply with the terms of the agreement with the manufacturer. AT&T is not a party to that agreement. AT&T's sole responsibility under this Agreement is to place Customer's orders for Manufacturer -Provided Services, except that AT&T may invoice Customer for the Manufacturer -Provided Services. LICENSES, RESTRICTIONS, REQUIREMENTS Software is provided subject to the terms of the Software licensor's license agreement which is a separate agreement between Customer and the licensor. Customer must assent to and comply with the license agreement. The manufacturer or licensor of Purchased Equipment may have additional license terms or use requirements or restrictions. Customer must assent to and comply with such terms, requirements or restrictions. CPE UA Pricing Schedule — STANDARD AT&T and Customer Confidential Information Page 3 of 3 V. 06/15/12 HRID: Rider D — Services SERVICE; SERVICE PUBLICATION Service Service Publication Location URL AT&T Implementation Services AT&T Business Service Guide Website http://serviceguidenew.att.com SG Library • Or per applicable Sub -Rider INTELLECTUAL PROPERTY RIGHTS (a) All intellectual property rights used in providing or arising by virtue of AT&Ts performance of the Services are and will be the sole and exclusive property of AT&T and neither ownership nor title to any such property will pass to Customer. (b) Customer shall own copies of any reports produced and furnished to Customer by AT&T ("Reports"), and AT&T grants Customer a perpetual, non-exclusive, personal and non -transferable right to reproduce and modify Reports solely for Customer's own internal business purposes. For avoidance of doubt, "internal business purposes" exclude public distribution, resale to third parties and revenue generation purposes. (c) AT&T grants to Customer the non-exclusive, personal, and non -transferable right to use any items other than Reports produced and furnished to Customer by AT&T under this Pricing Schedule, solely for Customer's own internal business purposes during the term of this Pricing Schedule or for such other purposes as may be agreed in writing by the parties. (d) Except as otherwise specified in this Pricing Schedule, no other right or license to or under any of AT&T's intellectual property rights is either granted or implied under this Pricing Schedule. WORKMANSHIP The provision of Services under this Pricing Schedule shall be performed in a workmanlike manner that would meet commercial industry standards in the field to which the work pertains. AT&T's obligation under this Section expires upon Customer's acceptance of the Services. INDEPENDENT CONTRACTOR AT&T is an independent contractor for the Services performed under Pricing Schedule. ACCEPTANCE Upon completion of Professional and Implementation Services ("Service Completion Date"), Customer either shall sign the acceptance document AT&T presents or shall provide within five (5) business days of the Service Completion Date written notice to AT&T identifying any non -conforming Professional or Implementation Service. If Customer fails to provide such notice, Customer is deemed to have accepted the Service as of the Service Completion Date. AT&T may invoice Customer for Professional and Implementation Services upon acceptance. MAINTENANCE CHARGES AT&T may invoice Maintenance charges in full in advance of the term for Maintenance Services and are non-refundable, either by way of cash or credits. Orders for Maintenance may not be cancelled once placed with AT&T's Maintenance vendor. NON -SOLICITATION Customer agrees not to directly solicit for employment any personnel of AT&T or its subcontractors or agents performing Services hereunder until one (1) year following the termination of applicable Order pursuant to which the Services were performed without the prior written consent of AT&T DELAYS If there is a delay in providing Services that was not caused by AT&T, Customer may incur additional costs, including labor costs. AT&T shall not be liable for such a delay. Such a delay may impact future schedules. REMOTE ACCESS TO EQUIPMENT Customer must provide remote access to equipment during installation and maintenance for trouble isolation, monitoring and resolution. Customer may satisfy this requirement: (i) by providing in -band or out -of -band connection; (ii) providing technical personnel on Site; or (iii) as otherwise described in the applicable Service Guide. EQUIPMENT STORAGE AT&T or its subcontractors may store at no charge to AT&T, a reasonable amount of AT&Ts or subcontractor's equipment, materials, tools and other items necessary for the performance of Services in a secure location ("Storage Location") provided by Customer on the premises where the Services are being performed. Customer will take reasonable precautions to protect and maintain the integrity of any such items. Customer agrees to accept delivery of any such items, to place them or direct their placement in the Storage Location and to .notify AT&T of the delivery and Storage Location. SERVICES VENDOR If an AT&T vendor necessary for the delivery of Services ceases to provide all or a portion of such Services, either Party may terminate the affected portion of the Services, and Customer will receive a pro -rata refund of any amounts prepaid for such terminated Services. CPE UA Pricing Schedule — STANDARD AT&T and Customer Confidential Information Page 4 of 4 V. 06/15/12 HRID: Sub -Rider D2 — AT&T -Provided Maintenance Services SERVICES; SERVICE PUBLICATIONS Service Service Publication Location URL AT&T Maintenance Solutions ("AMS") AT&T Voice Maintenance Solutions ("AVMS") AT&T Business Service Guide Website SG Library http://serviceguidenew.att.com AT&T provides Maintenance Services for certain equipment ("Supported Equipment"), in accordance with this Pricing Schedule, the applicable SOW and the applicable Service Guide. Supported Equipment covered by Maintenance Services is specified in an SOW or the Service Guide. CERTIFICATION AND REVIEWS (a) Manufacturer's Certification for Supported Equipment. If an item of equipment is not covered by the manufacturer's warranty or by a manufacturer -approved maintenance service immediately before AT&T begins providing the Maintenance Service for the equipment, Customer must provide a manufacturer's certification that equipment is in working order and eligible to be included in a maintenance plan. (b) Changes in Supported Equipment covered by Maintenance Services. AT&T may conduct periodic equipment reviews for additions or deletions of Supported Equipment that is being maintained, and will make any appropriate adjustments to Maintenance Services. (c) Neither Customer nor any party other than AT&T or its designated agents may alter, repair, or maintain any Supported Equipment. MAINTENANCE TERM AND RENEWAL The term for Maintenance Services (the "Maintenance Term") and level of Service is set forth in the applicable Order. Unless either Party terminates by written notice on company letterhead with a handwritten signature at least ten (10) business days prior to expiration of the then -current Maintenance Term, the Maintenance Term automatically renews (i) for Voice Supported Equipment, for an additional one (1) year, and (ii) for Data/Video Supported Equipment, the same length as the expiring Maintenance Term. The level and price of Service shall be the same as the then - current Maintenance Term unless AT&T provides thirty (30) days written notice prior to the expiration of the then -current Maintenance Term. PRICE CHANGES AT&T also may change the price of Maintenance Services on written notice for Supported Equipment at the time it is changed, upgraded or added. REPLACEMENT PRODUCTS; END -OF -SUPPORT; RETURN OF DEFECTIVE EQUIPMENT (a) Spare parts and equipment ("Replacement Products") may be new or reconditioned if equivalent to new in performance. AT&T's provision of Replacement Products during the Maintenance Term is contingent upon the delivery schedule of the manufacturer or supplier. AT&T has no liability for delays in any delivery schedule. AT&T can not guarantee firm delivery dates. (b) If an item of Supported Equipment is discontinued or placed at end -of -life or end -of -support status by the manufacturer, AT&T shall only be obligated to use commercially reasonable efforts to obtain replacement parts and provide Maintenance Service for the item of Supported Equipment for which additional charges may apply or AT&T may delete such item of Equipment from Maintenance Services and provide a pro -rata refund. (c) AT&T will provide an RMA number for a defective part or equipment ("Defective Item"). Customer shall return the Defective Item within thirty (30) days after the RMA is generated, or Customer will be invoiced for the corresponding Replacement Product. Defective Items are the property of AT&T. EXCLUSIONS FOR AT&T -PROVIDED MAINTENANCE SERVICES. (a) AT&T will perform Maintenance Services only for damage to, substandard performance of or failure of Supported Equipment resulting only from defects in or normal wear and tear to Supported Equipment ("Covered Maintenance"). (b) Covered Maintenance does not include hardware defects or software failures resulting from mishandling, abuse, misuse, improper storage, improper installation, improper maintenance, improper electrical voltage or current or improper operation (including use in conjunction with equipment electrically or mechanically incompatible) or resulting from fire, explosion (other than fire or explosion directly attributable to a Supported Equipment defect), power failure, lightning or other induced power surge, act of God, or any other cause whatsoever not attributable to AT&T, including: accident, theft, unexplained loss, flood, wind, war, terrorism or virus; Customer -caused programming errors in software or applications; Customer -performed system configurations; Customer's failure to maintain a proper operating environment, to back up its data or to secure its network environment; Customer's failure to follow manufacturer/licensor recommendations; or repair, relocation, damage or alteration of the Supported Equipment by anyone other than AT&T or its designated agents. Supported Equipment supporting IP telephony may experience certain compromises in performance, reliability and security even when performing as warranted. Diagnostic and repair work in response to such compromises is not included in Covered Maintenance. (c) Diagnostic and repair work AT&T performs outside of Covered Maintenance is invoiced at AT&Ts prevailing rates for time and materials. AT&T -PROVIDED MAINTENANCE SERVICES — MONTHLY PAYMENT OPTION If Customer elects the monthly payment option for AT&T -Provided Maintenance Services, the number, frequency, and amount of payments are detailed in the Quote. Such monthly payments must be paid to AT&T Capital Services, Inc. ("AT&T Capital") in US dollars to the address specified in the invoice. If Customer fails to pay any amount when due, enters (voluntarily or involuntarily) a bankruptcy proceeding, becomes insolvent or terminates the applicable AT&T -Provided Maintenance Services other than for AT&Ts material breach, all remaining scheduled payments shall become immediately due and payable, and shall be collectible immediately. CPE UA Pricing Schedule — STANDARD AT&T and Customer Confidential Information Page 5 of 5 V. 06/15/12 HRID: Sub -Rider D7 - Statement of Work Date of Submission: 10/22/13 DIR SDD-1465 SELECTION OF EQUIPMENT SERVICE PLAN: AT&T Maintenance Services: X - Complete X - Essential ❑ Dedicated X - Custom ACCEPT - Customer Initials: DECLINE - Customer Initials: Initial Term: 3 Years From: Service Plan Payment Terms: X - Annual To: Annual Price: $214,033.19 Remittance of invoices rendered by AT&T Global Services for Service Plans should be to AT&T Global Services. EQUIPMENT COVERED UNDER MAINTENANCE PLAN: Contract #66120838 3202 East 36th Street Lubbock, TX 79401 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $4,437.64 Avaya CS1000E - Serial #318850247 - Software Release 7.5 (16) IP Licenses (1) Universal Trunk Card (1) TMDI T-1 Card (1) Analog Message Waiting Line Card (1) 11 C Compact Digital Line Card (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (1) US Robotics Modem (1) Adtran T-1 ESF CSU Associated PBX Telephone Sets Contract #66123184 916 Texas Lubbock, TX 79401 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $61,670.70 Nortel CS1000 - Serial #Z01125 - Software Release 7.5 (48) IP Licenses (1) Line Side T-1 Card (11) Dual Port DTI/PRI Cards (9) Universal Trunk Cards (2) TMDI T-1 Cards (3) Succession Media Cards (17) Digital Line Cards (9) Analog Message Waiting Line Cards (3) Digitone Receiver Card (1) Telstrat Card 740-01060-01 (1) 24 -Channel 1006r Call Pilot Voice Messaging System - Dongle ID 10414501 - Software Release 5 (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (2) US Robotics Modem (1) Interalia 4 -Port Announcer Associated PBX Telephone Sets Telstrat IDVR Support Services - Serial # 04010019 CPE UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information Page 6 of 6 V. 06/15/12 HRID: Sub -Rider D7 - Statement of Work Contract #66123187 162513th Street Lubbock, TX 79401 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $13,118.29 (1) Avaya CS1000 E - Serial #318832241 - Software Release 6.0 (2) Universal Trunk Cards (2) PRI T-1 Cards (17) Digital Line Cards (7) Analog Message Waiting Line Cards (2) Telstrat Card 740-01060-01 (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (2) US Robotics Modem Associated PBX Telephone Sets Contract #66123188 600 Municipal Drive Lubbock, TX 79403 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $7,365.03 Avaya CS1000 - Serial #31 884571 4 - Software Release 7.5 (1) IP License (2) Universal Trunk Cards (2) PRI T-1 Cards (7) Digital Line Cards (3) Analog Message Waiting Line Cards (3) Telstrat Card 740-01060-01 (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (1) US Robotics Modem (1) Interalia Announcer Associated PBX Telephone Sets Contract #66123189 5401 North Martin Luther King Boulevard Lubbock, TX 79401 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $3,849.06 Avaya CS1000E - Serial #318850272 - Software Release 7.5 (1) IP License (1) Universal Trunk Cards (1) PRI T-1 Cards (3) Digital Line Cards (2) Analog Message Waiting Line Cards (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (1) US Robotics Modem Associated PBX Telephone Sets Contract #66123191 508 Davis Avenue Lubbock, TX 79401 AT&T Maintenance Services - Essential with Pass Basic Annual Rate: $3,091.88 (1) Meridian 1 Option 11 C - Serial #10102817 - Software Release 3.0 (1) Universal Trunk Cards (1) TMDI T-1 Cards (2) Digital Line Cards (1) Analog Message Waiting Line Cards (1) Maintenance Terminal (1) Maintenance Printer CPE UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information V. 06/15/12 Page 7 of 7 HRID: Sub -Rider D7 — Statement of Work (1) SEBII Maintenance Modem (1) US Robotics Modem Associated PBX Telephone Sets Contract #66123192 1301 Broadway Lubbock, TX 79401 AT&T Maintenance Services — Complete with Pass Basic Annual Rate: $89,577.75 Avaya CS1 OOOE — Serial #318840727 — Software Release 7.5 (56) IP Licenses (2) Universal Trunk Cards (2) PRI T-1 Cards (1) Line Side T1 Card (3) Succession Media Cards (5) Digital Line Cards (2) Analog Message Waiting Line Cards (2) Telstrat Card 740-01060-01 (1) Maintenance Terminal (1) SEBII Maintenance Modem (1) US Robotics Modem (1) MIRAN Card (56) IP ISM's Associated PBX Telephone Sets Chrysalis Sonata CTI, CECB IVR Avaya MPS 500 IVR Contract #66123193 401 North Ash Lubbock, TX 79401 AT&T Maintenance Services — Complete Annual Rate: $1,642.80 (1) Meridian Fiber Remote Cabinet (1) Universal Trunk Cards (2) Digital Line Cards (1) Analog Message Waiting Line Cards (1) Interalia 2 -Port Announcer Associated PBX Telephone Sets Contract #66123194 1515 East Ursaline Lubbock, TX 79401 AT&T Maintenance Services — Complete with Pass Basic Annual Rate: $3,940.98 Avaya CS1 OOOE — Serial #318850273 — Software Release 7.5 (1) IP License (2) Universal Trunk Cards (1) TMDI T-1 Cards (4) Digital Line Cards (1) Analog Message Waiting Line Cards (1) Telstrat Card 740-01060-01 (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (1) US Robotics Modem (1) Adtran ACE T-1 CSU Associated PBX Telephone Sets CPE UA Pricing Schedule — STANDARD AT&T and Customer Confidential Information Page 8 of 8 V. 06/15/12 HRID:._ Sub -Rider D7 - Statement of Work Contract #66237412 3500 Slaton Highway Lubbock, TX 79404 AT&T Maintenance Services - Complete Annual Rate: $1,608.00 Avaya Business Communications Manager 450 - Software Release 6.0 Digital Station Media Bay Module - 32 Analog Station Media Bay Module - 8 Global Analog Trunk Module - 4 BCM450 SIP Gateway -1 Trunk Authorization Code BCM450 SIP Gateway - 8 Trunk Authorization Code BCM450 IP Telephony Client -1 Seat Authorization Code BCM450 IP Telephony Client - 4 Seat Authorization Code BCM450 I P Telephony Client - 8 Seat Authorization Code Associated BCM Telephone Sets Contract #66123197 6001 North Guava Lubbock, TX 79401 AT&T Maintenance Services - Complete with Pass Basic Annual Rate: $3,628.14 Avaya CS1000E - Serial #318850246 - Software Release 7.5 (16) IP Licenses (1) Universal Trunk Card (1) TMDI T-1 Card (1) Analog Message Waiting Line Card (1) Opt 11 Mini Digital Line Card (1) Maintenance Terminal (1) Maintenance Printer (1) SEBII Maintenance Modem (1) Adtran T-1 ESF CSU Associated PBX Telephone Sets Contract #66123198 1902 Texas Avenue Lubbock, TX 79401 AT&T Maintenance Services - Essential Annual Rate: $3,072.00 (1) Fiber Remote Cabinet (5) Digital Line Cards (3) Analog Message Waiting Line Cards Associated PBX Telephone Sets Contract #66123199 10109 th Street & Texas Lubbock, TX 79401 AT&T Maintenance Services - Essential Annual Rate: $1,536.00 (1) Fiber Remote Cabinet (3) Digital Line Cards (1) Analog Message Waiting Line Cards Associated PBX Telephone Sets Contract #66123200 15016 th Street Lubbock, TX 79401 AT&T Maintenance Services - Complete Annual Rate: $2,937.00 (1) Fiber Remote Cabinet (2) Universal Trunk Cards (3) Digital Line Cards (3) Analog Message Waiting Line Cards (1) Interalia Announcer Associated PBX Telephone Sets CPE UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information Page 9 of 9 V. 06/15/12 HRID: Sub -Rider D7 - Statement of Work Contract #66123201 1306 9`h Street Lubbock, TX 79401 AT&T Maintenance Services - Essential Annual Rate: $1,536.00 (1) Fiber Remote Cabinet (3) Digital Line Cards (1) Analog Message Waiting Line Cards Associated PBX Telephone Sets Contract #66123202 5900 North Walnut Lubbock, TX 79401 AT&T Maintenance Services - Essential Annual Rate: $1,440.00 (1) Norstar Modular ICS Key System (1) LS/DS Trunk Card (1) Digital Trunk Interface Associated Norstar Telephone Sets Contract #16148970 1801 Avenue G Lubbock, TX 79401 AT&T Maintenance Services - Essential Annual Rate: $960.00 (1) Fiber Remote Cabinet (1) Digital Line Card (1) Analog Message Waiting Line Card (1) Universal Trunk Card Associated PBX Telephone Sets Contract # 66207528 2501 Avenue C Lubbock, TX 79404 AT&T Maintenance Services -Complete with Pass Basic Annual Rate: $3,778.72 Meridian 1 Option 11 C - Serial #10240028 - Software Release 3.0 (8) IP Licenses (1) Universal Trunk Cards (1) PRI T-1 Cards (3) Digital Line Cards (1) Analog Message Waiting Line Cards (1) Maintenance Terminal (1) SEBII Maintenance Modem (1) Digital Link Solo T-1 CSU (1) MDR Buffer Box Associated PBX Telephone Sets Contract # 66207527 401 North Boston Lubbock, TX 79415 AT&T Maintenance Services - Complete Annual Rate: $2,400.00 (1) Norstar Modular ICS Key System (1) LS/DS Trunk Card (1) Digital Trunk Interface (1) Digital Station Module (3) Analog Station Modules (1) 6 -Port Expansion Module Associated Norstar Telephone Sets CPS UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information Page 10 of 10 V. 06/15/12 HRID: Sub -Rider D7 - Statement of Work Contract # 6202 North 1-27 Lubbock, TX 79403 AT&T Maintenance Services - Essential Annual Rate: $2,443.20 Meridian 1 Option 11 C Switching System - Serial # 10124154 - Software Release 3.0 Associated PBX Telephone Sets EQUIPMENT NOT COVERED UNDER MAINTENANCE PLAN: Headsets, portable/wireless/cordless telephone sets, answering machines, UPS systems, power conditioners, power supplies, batteries, charger kits, perishable /consumable commodities such as printer ribbons, printer cartridges, etc. Avotus InteleControl Attendant Pro is excluded. Octel Voice Messaging System is excluded. The ISI Telemanagement Solutions support services are currently under coverage directly with ISI Telemanagement through 07/24/14 for the Select 2500 and 01/19/15 for the additional data source. The ISI Telemanagement Solutions support will be excluded from the current maintenance agreement. As these coverage's near their respective expiration dates AT&T will provide pricing and the option to add this support to the maintenance agreement to the City of Lubbock. SPECIAL TERMS AND CONDITIONS: Avaya's Partner Assurance Support Services Basic (GE4300) allows AT&T the ability to provide 3`d tier and corrective content support on those systems noted above. Coverage on the Avaya MPS 500 IVR will be provided directly by Avaya as noted below: QTY Part # Description 1 GT6301CP1 Avaya Express Base MPS 500 New/Upgrade Sys w/HW or TMS - Customer Care (M -F, 9:00-17:00 local time) - SLNCPI 2 GT6301CP2 Avaya Express MPS500 INCREM SPCH SRVR - Customer Care (M -F, 9:00-17:00 local time) - SLNCP2 48 GT6301 CP6 Avaya Express LICENS FOR NEW SYS -Customer Care (M -F, 9:00-17:00 local time) - SLNCP6 2 GT6301CP7 Avaya Express MPS 500 DATABASE CLIENT -Customer Care (M -F, 9:00-17:00 local time) - SLNCP7 24 GT6305CQ8 Avaya Express SS/IVR Nuance speech license/channel per channel 1st Language (Tier 1)-SLNCQ8 24 GT6305CR2 Avaya Express SS/IVR Nuance speech license/channel per channel 1st Language (Tier 3) - SLNCR2 48 GT6305CR6 Avaya Express SS/IVR Nuance speech license/channel per channel 1st Language (TTS) - SLNCR6 Chrysalis Premium 24x7 Service and Support plan for IVR, Sonata CTI, CECB Description of Premium (24x7) Service and Support Plan: If a failure of the Software should occur that has a material adverse effect on customer's ability to use the software ('emergency'), Chrysalis shall use its best efforts to isolate the defect or failure and install at Customer's site a program fix or patch. Chrysalis shall respond within two (2) hours of notice of the failure seven days a week, 24 hours a day, 365 days of the year including holidays. Failures of the Software which do not constitute an emergency shall normally be corrected and a program fix or patch tested at the customer's site within 48 hours of notice of the failure including weekends and holidays. Details on the terms and conditions of maintenance and warranties are available in separate documents. The Service and Support Plan does not cover changes requested by the customer, changes made by the customer or agents of the customer or changes to the database access. These items can be modified using the Change Order Process. As long as the customer has purchased Service and Support Plan coverage, they will be given top priority in either responding to trouble calls or implementing change requests. AT&T Quarterly Preventative Maintenance: As part of the normal maintenance procedures AT&T performs an annual preventative maintenance activity 60-120 days prior to contract end date or on a multi-year contract on the annual contract anniversary date. With respect to the City of Lubbock's requirement for a quarterly preventative maintenance update this would normally be an additional charge. AT&T will perform quarterly updates in conjunction with discussions with the City contact to ensure appropriate reviews are taking place. CPE UA Pricing Schedule - STANDARD AT&T and Customer Confidential Information Page 11 of 11 V. 06/15/12 HRID: EXHIBIT A CITY OF LUBBOCK, TEXAS RFP 13 -11523 -DT Telephone Maintenance Services INSURANCE SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): TYPE AMOUNT 1. Worker's Compensation Statutory Or Employers Liability 2. Commercial General (public) Liability insurance including coverage for the following: a. General Aggregate b. Products/completed operations c. Personal injury d. Advertising injury e. Contractual liability 3. Comprehensive Automobile Liability insurance, including Any Auto Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent. Combined single limit for bodily injury and property of $1,000,000 per occurrence The City of Lubbock shall be named additional insured on Auto/General Liability on a primary and non- contributory basis. with a waiver of subrogation in favor of the City on all coverage's, and include products of completed operations. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the insurance is being supplied. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13'h Street, Room 204 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability.