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Home My WebLink AboutResolution - 2007-R0510 - Contract - Clearwire Wireless Broadband - Wireless Device - 10/25/2007RESOLUTION Resolution No. 2007-RO510 October 25, 2007 Item No. 6.4 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 a Contract and any associated documents with Clearwire Wireless Broadband of Lubbock, Texas, for purchase of a wireless device using otthogonal frequency -division multiplexing technology -annual pricing per Bid 07 -078 -FO, which Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 25th day of October , 2007. DAVID A. AILLER, MAYOR ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: yp�'_b �_�l Mar Ye od Assistant City Manager/Chief Information Officer APPROVED ASQTO FORM: 17 _Ylv; I3on VandVer, Attorney f Wres/ClearwireConcon07 Rcs October 3, 2007 Resolution No. 7007-80510 STATE OF TEXAS COUNTY OF LUBBOCK Wireless Device Utilizing Orthogonal Frequency — Division Multiplexing Technology This contract for Wireless Device Utilizing Orthogonal Frequency Division Multiplexing Technology, effective as of October 25, 2007, is by and between the City of Lubbock, a municipal corporation, Clearwire Wireless Broadband. WITNESSETH WHEREAS, the City requires a contractor to provide Wireless Services for the City of Lubbock and; WHEREAS, the City has issued a Request for Proposal (RFP# 07078 -FO) for Wireless Services, and; WHEREAS, the City desires to contract with Contractor to provide Wireless Services Imp NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this contract, the city and the Contract hereby agree as follows: ARTICLE TERM The contract shall be for a term of two (2) years firm pricing, said date of term beginning upon City Council date of formal approval. Upon mutual agreement between the City and the Contractor, the Contract may be extended annually for an additional two years under the same terms and conditions otherwise herein stated. ARTICLE II COMPENSATION Contractor shall be paid in accordance with Exhibit A, attached hereto. ARTICLE III TERMINATION A. General. City may terminate this contract, for any reason, upon Thirty (30) days notice to Contractor in accordance with Article XII of this Contract. Wireless Device Utilizing Orthogonal Frequency B. Termination and remedies. In the event the Contract 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. ARTICLE IV REPRESENTATIONS AND WARRANTIES A Existence. Contractor is a corporation duly organized, validly existing, and in good standing with 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. ARTICLE V SCOPE OF WORD A. The equipment and services will include: + Wireless channel bandwidth 2.x GHz + Modulation is OFDM (Orthogonal Frequency -Division Multiplexing) • Allow for speed of 1.0 MB or greater + Data interfaces a laptop card bus slot • Must include external antennae • Service inside the City Of Lubbock city limits B. One -hundred and ten (110) devices will be needed to use in a standard laptop consisting of software programs including Windows XP. If additional devices are needed after the contract has been implemented, those will need to be added and to be included under the initial agreement. Wireless Device Utilizing Orthogonal Frequency 2 ARTICLE VI INDEMNITY Contractor shall indemnify, defend, beep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise arise or accrue against the City in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Contractor or its employees, or of the subcontractor or assignee or its employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all cost and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Contractor shall, at its own expenses, satisfy discharge the same. Contractor expressly understands and agrees that any bond required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify keep and save harmless and defend the City as herein provided. ARTICLE VIII 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 IX 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 agent, contractors, or third parties retained and/or employed by and Contractor and naming said third parties as additional insured, insurance as described in Article VI Insurance of this Contract. ARTICLE X COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statues, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. Wireless Device Utilizing Orthogonal Frequency ARTICLE XI CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 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 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 in the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purpose placing an order: Attn: Shannon King Attn: General Manager Clearwire 4930 South Loop 289, Suite 208 Lubbock, TX. 79416 Telephone: (806) 792-9800 Facsimile: (806) 792-9802 E-mail: Shannon. KinjaAclearwire.net or Attn: Tom Humphreys Account Executive Clearwire 4930 South Loop 289, Suite 208 Lubbock, TX. 79416 Telephone: (806) 317-0292 Facsimile: (806) 792-9802 E-mail: Tom.Humphreys(a?clearwire.net Wireless Device Utilizing orthogonal Frequency 4 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 and services provided by the Contractor. D. Assignability. This Agreement may not be assigned by either party without the written consent of the other party. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. B. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF 'TEXAS. THE PARITES 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. C. 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 remainder 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 effected thereby. D. 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 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. Wireless Device Utilizing Orthogonal Frequency EXECUTED as of the Effective Date Hereof. CITY OF LUBBOCK David . Miller, Mayor ATTEST: C:-2 'Qd--e� Rc8ecca Garza, City Secretary APPROVED AS TO CONTENT: CONTRACTOR BY Authorized Re esentative Address: �lw Ale Ma f Yearw d, Assistant City Manager/Chief Information Officer APPROVED FORM: A Stant ity rney Wireless Device Utilizing Orthogonal frequency Resolution No. 2007—RO510 EXHIBIT A PRICING City of Lubbock 110 PC Cards on Premium PC Plan. 1.5 Mbps Download and 256 kbps Upload. 2 year Service Agreement allows for $80 Instant Rebate per PC Card and discounted price plan @ $49.99 per month as well as Free Activation. Equipment ricin includes omni directional 2 Year Term ClearPremium 110 PC Cards Activation Fee (one time) 50 0 Monthly Service Fee 59.99 49.99 Tax per unit 0.00 0.00 PC Card (One Time) 229.99 149.99 City of Lubbock 1 110 Activation Fees (one time) $50.00 $0.00 PC Card (One Time) $229.99 $16,498.90 Month) does not include one-time fees $5,498.90 Year 1 - includes one-time fees $82,485.70 Year 2 $65,986.80 Wireless Device Utilizing Orthogonal Frequency