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HomeMy WebLinkAboutResolution - 2000-R0281 - Contract - Southwestern Bell Wireless - Wireless Service And Equipment - 08/24/2000Resolution No. 2000 80281 August 24, 2000 Item No. 33 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 Southwestern Bell Wireless, 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. 1 ATTEST: K&P Kaythie arnell City Secretary APPROVED AS TO CONTENT: Sharlett Chowning Managing Director, Information Technology APPROVED AS TO FORM: A 4; OL /1r� William de Haas Competition and Contracts Manager/Attorney Ccdocs/Wireless Service, Southwestern Bell.res August 24, 2000 Resolution No. 2000 80281 August 24, 2000 Item No. 33 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 Southwestern Bell Wireless Inc. (hereinafter referred to as "SWBW"). WHEREAS, the City has issued a Request for Proposal No. 00-138 (the "RFP") for Wireless Services, and; WHEREAS, SWBW responded to the RFP through its Wireless Service Proposal for the City of Lubbock (the "RFP Response"), and; WHEREAS, the City and SWBW, desire to enter into an agreement with regard to the RFP Response to provide the Wireless Services solicited by the RFP, and; WHEREAS, the RFP Response is an addendum to this Agreement and is incorporated herein in full and made a part hereof by reference, except where it conflicts with this Agreement, wherein this Agreement shall take precedence, and; WHEREAS, this is not an exclusive contract and other vendors may also provide Wireless Services to the City; NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and SWBW agree as follows: ARTICLE 1— FEES AND PAYMENTS A. The City shall pay SWBW the fees and charges as specified in the RFP Response for wireless services and equipment. B. This Agreement will be for a minimum of one hundred (100) wireless phones using SWBW 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 (100) 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 Agreement. 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 that is added during the term of this Agreement will become part of this Agreement and such service will expire at the end of this Agreement. Wireless Services and Equipment City of Lubbock & Southwestern Bell Wireless F. If the number of wireless phones falls below one hundred (100) for more than thirty (30) days, the City will be liable for an early termination charge of $200.00 per wireless number. 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 service charges are calculated in sixty (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 except for those accounts subject to a national rate plan. J. All installation charges are waived. K. The roaming administration fee is waived. L. All equipment must be pre -approved through the Telecommunications Department. The City is not liable for costs of equipment that has not been approved through the Telecommunications Department. M. Equipment purchases should not be a part of the electronic usage billing. N. Invoices should 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 II - SUPPORT A. SWBW will supply a toll free number to provide 24 x 7 technical service at no charge. B. SWBW will provide enough cell sites to provide the City with the highest quality cell service. C. In an emergency, SWBW will provide wireless phones and service for specified time periods at proposed rates without penalty. D. In an emergency, SWBW will provide Cellular On Wheels (COWs) equipment to the City at no additional charge. E. SWBW will provide loaner phones during repair of wireless equipment. F. SWBW will re -program wireless sets as necessary without additional costs. G. SWBW will analyze phone usage and recommend alternative plans as needed. H. SWBW will 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 SWBW. ARTICLE III— TERMINATION AND TERM A. This Agreement can be terminated if access is not available (i.e. fast busy or no signal) in excess of twenty percent (20%) of the number of times a line is requested. Wireless Services and Equipment City of Lubbock & Southwestern Bell Wireless 2 B. This Agreement will be for a period of one (1) year with an option upon mutual agreement of both parties to renew for two (2) additional one (1) year periods. 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 Southwestern Bell Wireless Company ATTN: Clint Showalter 1901 University #200 Lubbock, Texas 79410 Phone (806) 472-2006 Fax (806) 472-2061 ARTICLE VI — ENTIRE AGREEMENT Except for the RFP Response attached hereto and incorporated herein as Exhibit A, this Agreement supersedes all prior proposals, oral or written, all previous negotiations and all other communications or understandings between SWBW 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 SWBW and the City with respect to the subject matter. No amendments to this Agreement, either at the execution or subsequently, shall be binding on SWBW or the City unless agreed to in writing by both parties. ARTICLE VII — GOVERNING LAW This Agreement shall be governed by, subject to, and construed according to the laws of the State of Texas. Wireless Services and Equipment City of Lubbock & Southwestern Bell Wireless ARTICLE VII -APPLICABLE LAW SWBW 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 24th day of August , 20 oo . SOUTHWESTERN BELL WIRELESS INC.: CITY OF LUBBOCK: 41N"DYSIT1QDbN,'jV ZdP CONT .- TITLE: Regional Mgr. - Corporate Sales West Texas Region ATTEST: Kaythiuv Darnell, City Secretary � . APPROVED AS TO CONTENT: harlett Chowning Information Technology Manager APPROVED AS TO FORM: ///,, �'� .0 (' / V � � William de Haas Competition and Contracts Manager Wireless Services and Equipment City of Lubbock & Southwestern Bell Wireless 4