The URL can be used to link to this page

Home My WebLink AboutResolution - 2000-R0282 - Contract - Western Wireless Corp.- Wireless Service And Equipment - 08/24/2000Resolution No. 2000-80282 August 24, 2000 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, by and between the City of Lubbock and Western Wireless Corporation, dba CellularOne, a contract for wireless service and equipment, 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 this 24th day of August 2000. ATTEST: Kaythlbarnell (, City Secretary _ 9 APPROVED AS TO CONTENT: Sharlett Chowning Managing Director, Information Technology APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Ccdocs/Wireless Service, CellularOne.res August 24, 2000 Resolution No. 2000—Ra282 August 24, 2000 Item No. 34 WIRELESS SERVICE AGREEMENT THIS AGREEMENT is made by and between the City of Lubbock located in Lubbock, Texas (hereinafter referred to as the "City") and Western Wireless Corporation, dba CellularOne (hereinafter referred to as CellularOne). WHEREAS, the City has issued a Request for Proposal (RFP#00-138) for Wireless Services, and; WHEREAS, the City of Lubbock and CellularOne, desire to enter into an agreement with regard to the proposal to provide the Wireless Services solicited by Request for Proposal No. 00-138. The Request for Proposal is made a part of this contract. WHEREAS, the response to the original RFP is to be considered an addendum to this contract as if fully copied therein and made a part hereof by reference, except where it conflicts with this contract, wherein this contract shall take precedence, and; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and CellularOne agree as follows: ARTICLE I — FEES AND PAYMENTS A. The City shall pay CellularOne the fees and charges specified in the RFP Response for wireless services and equipment. B. This contract will be for a minimum of one hundred fifty (150) wireless phones using CellularOne service during this contract period. The City reserves the right to make changes to these phones as long as the total number of phones in service does not drop below one hundred fifty (150) for more than thirty days. C. The City is tax exempt and will provide a tax exemption certificate upon request. D. All invoices will be detailed and broken down by phone number. All billing should be in the existing electronic format during the period of this contract. Billing for the previous month will be sent to the City by the end of the first week of every month. E. Any wireless service which is added during the term of this contract will become part of this contract and such service will expire at the end of this contract. F. If the number of wireless phones falls below one hundred fifty (150) for more than thirty days, the City shall be liable for an early termination charge of $200.00 per wireless number. Wireless Services and Equipment City of Lubbock & Western Wireless, CellularOne 1 G. The City shall be entitled to support as described in this Agreement and in the RFP Response. Charges for any additional services will be negotiated on a case by case basis. H. Wireless charges are calculated in 60 second increments of usage with the rate remaining constant regardless of the time of day or day of week. I. The City's current long distance carrier will be designated as the long distance provider for wireless services. J. All installation charges are waived. K. The roaming administration fee is waived. L. All equipment must be pre -approved by the City of Lubbock Telecommunications Department. The City is not liable for costs of equipment that has not been approved through the Telecommunications Department. M. Equipment purchases shall not be a part of the electronic usage billing. N. Invoices shall be sent to the Telecommunications Department. O. This is not an exclusive contract. The City reserves the right to contract with other wireless service providers should the City so desire. ARTICLE I1- SUPPORT A. CellularOne shall supply a toll free number to provide 24 hours a day, 7 days a week technical service at no charge. B. CellularOne shall provide enough cell sites to provide the City with the highest quality cell service. C. In an emergency, CellularOne shall provide wireless phones and service for specified time periods at proposed rates without penalty. D. CellularOne shall provide loaner phones during repair of wireless equipment. E. CellularOne shall re -program wireless sets as necessary without additional costs. F. CellularOne shall analyze phone usage and recommend alternative plans as needed. G. CellularOne shall provide pick up and delivery when requested and shall be responsible for damage or loss of phone if damage or loss occurs after removal from the City by CellularOne. ARTICLE III — TERMINATION AND TERM A. This contract can be terminated if access is not available (i.e. fast busy or no signal) in excess of 20% of the number of times a line is requested within one hour. B. This contract will be for a period of one year with an option upon mutual agreement of both parties to renew for two additional one-year periods. Wireless Services and Equipment City of Lubbock & Western Wireless, CellularOne ARTICLE IV — ASSIGNMENT This agreement shall not be assignable by either party without the prior written consent of the other party, and any attempted assignment shall be void. No assignment of this Agreement shall be valid until and unless consented to in writing by the consenting part and assumed by the assignee in writing. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. ARTICLE V - NOTIFICATIONS All notices, approvals, acceptances, and consents required by this Contract shall be in writing and addressed as follows: City of Lubbock ATTN: Sharlett Chowning P.O. Box 2000 Lubbock,Texas 79457 Phone (806)775-2399 Fax (806)775-3033 Western Wireless Corporation CellularOne ATTN: John Fritz 5810 West Loop 289 Lubbock, TX 79424 Phone (806) 281-5052 Fax (806) 281-5096 ARTICLE VI — ENTIRE AGREEMENT This agreement supersedes all prior proposals, oral or written, all previous negotiations and all other communications or understandings between CellularOne and the City with respect to the subject matter hereof. It is expressly agreed that if the City issues a purchase order or other document for the services provided under this Agreement, such instrument will be deemed for the City's internal use only, and any provisions contained therein shall have no effect whatsoever upon this Agreement. This Agreement sets forth the sole and entire understanding between CellularOne and the City with respect to the subject matter. No amendments to this Agreement, either at the execution or subsequently, shall be binding on CellularOne or the City unless agreed to in writing by both parties. ARTICLE VII — GOVERNING LAW This Contract shall be governed by, subject to, and construed according to the laws of the State of Texas. Wireless Services and Equipment City of Lubbock & Western Wireless, CellularOne ARTICLE Vlll — APPLICABLE LAW CellularOne agrees to comply with all applicable local, state, and federal laws, regulations, and orders relating to the services, including but not limited to fair and equal opportunity practices and policies. EXECUTED this TIS day of ,�' 00 CELLULARONE: CITY OF LUBBOCK: ATTEST: Ij n I►�4. Kaythib Darnell, City Secretary � `Klc APPROVED AS TO CONTENT: Sharlett Chowning Information Technology Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager Wireless Services and Equipment City of Lubbock & Western Wireless, CellularOne 4