HomeMy WebLinkAbout242-24 RESOLUTIONFile Number: 2024-511
113 West Mountain Street
Fayetteville , AR 72701
(479) 575-8323
Resolution: 242-24
VERIZON COMMUNICATIONS, INC. (PURCHASE AGREEMENT):
A RESOLUTION TO APPROVE THE PURCHASE OF WIRELESS SERVICES AND EQUIPMENT FROM
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS , PURSUANT TO A NATIONAL ASSOCIATION OF
STATE PROCUREMENT OFFICIALS VALUEPOINT COOPERATIVE PURCHASING AGREEMENT, ON AN
AS NEEDED BASIS THROUGH AUGUST 11 , 2025 AND ANY FUTURE RENEWAL PERIODS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of wireless
services and equipment from Cellco Partnership d/b/a Verizon Wireless, pursuant to a National Association of State
Procurement Officials ValuePoint cooperative purchasing agreement, on an as needed bas is throug h August 11 , 2025
and any future renewal periods.
PASSED and APPROVED on October I , 2024
Attest:
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-511
MEETING OF OCTOBER 1, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Keith Macedo, IT Director
SUBJECT: Resolution to authorize the purchase of Verizon service and equipment, on an as-
needed basis utilizing Arkansas state contract SP-20-0035 through the National
Association of Procurement Officials (NASPO) ValuePoint cooperative.
RECOMMENDATION:
Resolution to authorize the purchase of Verizon service and equipment, on an as-needed basis, via Arkansas
state contract SP-20-0035 through the National Association of Procurement Officials (NASPO) ValuePoint
cooperative until 08/11/2025 and any future renewals.
BACKGROUND:
The city utilizes wireless services for both public safety mobile computers, field crew tablets, and cellular
phones to support daily operations. Wireless services were bid by the State of Utah for itself and on behalf of
NASPO ValuePoint cooperative purchasing program. The State of Arkansas signed a NASPO ValuePoint
participating agreement for wireless services and equipment with Verizon which can be utilized by all state
agencies and cooperative participants including cities, counties, schools (K-12), colleges and universities via
state contract SP-20-0035. Contract SP-20-0035 was signed by the state of Arkansas to allow the State to
leverage the NASPO ValuePoint contract.
DISCUSSION:
Monthly wireless invoices are paid by the IT Dept and are charged to individual departments. The city has
utilized Verizon for many years and have been very pleased with the performance, reliability, customer service,
type of services, and billing. This includes wireless connectivity for all Police, Fire, Animal Services,
Construction Inspectors, Engineering Inspector mobile computers, field crew tablets, and cellular phones.
Procuring Verizon through the NASPO ValuePoint contract gives the City an opportunity to capitalize on a
competitively bid multi-state purchasing cooperative and benefit from the increased purchasing power.
BUDGET/STAFF IMPACT:
Wireless services are budgeted within each department and division and is the bulk of the expenditure related
to this item.
ATTACHMENTS: SRF (#3), State of Arkansas - Signed Agreement - Verizon (#4), Term Contract -
4600045706 (#5)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-511
Resolution to authorize the purchase of Verizon service and equipment, on an as-needed basis
utilizing Arkansas state contract SP-20-0035 through the National Association of Procurement
Officials (NASPO) ValuePoint cooperative.
A RESOLUTION TO APPROVE THE PURCHASE OF WIRELESS SERVICES AND EQUIPMENT
FROM CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, PURSUANT TO A NATIONAL
ASSOCIATION OF STATE PROCUREMENT OFFICIALS VALUEPOINT COOPERATIVE
PURCHASING AGREEMENT, ON AN AS NEEDED BASIS THROUGH AUGUST 11, 2025 AND
ANY FUTURE RENEWAL PERIODS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of
wireless services and equipment from Cellco Partnership d/b/a Verizon Wireless, pursuant to a National
Association of State Procurement Officials ValuePoint cooperative purchasing agreement, on an as
needed basis through August 11, 2025 and any future renewal periods.
City of Fayetteville Staff Review Form
2024-511
Item ID
10/1/2024
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Keith Macedo 9/3/2024 INFORMATION TECHNOLOGY (170)
Submitted By Submitted Date Division / Department
Action Recommendation:
Resolution to authorize the purchase of Verizon service and equipment, on an as-needed basis, via Arkansas state
contract SP-20-0035 through the National Association of Procurement Officials (NASPO) ValuePoint cooperative
until 08/11/2025 and any future renewals.
Budget Impact:
xxxx.xxx.xxxx-5310.01 Multiple
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $741,024.00
Expenses (Actual+Encum)$378,029.43
Available Budget $362,994.57
Does item have a direct cost?No Item Cost $-
Is a Budget Adjustment attached?No Budget Adjustment $-
Remaining Budget $362,994.57
V20221130
Purchase Order Number:Previous Ordinance or Resolution #20-21
Change Order Number:Approval Date:
Original Contract Number:
Comments:
PARTICIPATING ADDENDUM
NASPO VALUEPOINT COOPERATIVE PURCHASING PROGRAM
WIRELESS DATA, VOICE, & ACCESSORIES
Administered by the State of Utah
(hereinafter “Lead State”)
MASTER AGREEMENT
Master Agreement No: MA152
Cellco Partnership dba Verizon Wireless
(hereinafter “Contractor” or “Contract Vendor”)
and
State of Arkansas
Contract No: 4600045706; SP-20-0035
(hereinafter “Participating State/Entity”)
Page 1 of 6
1. Scope: This Participating Addendum ("PA") covers the NASPO ValuePoint Wireless, Data, Voice and
Accessories Master Agreement led by the State of Utah (Master Agreement No: MA152) for use by
state agencies and other entities, as provided in the Master Agreement, and as more specifically
detailed in Paragraph 2, “Participation,” below. There were four categories included in the solicitation:
Category 1: Cellular Wireless Services
Category 2: Equipment and Accessories
Category 3: Turnkey Wireless and IoT Solutions offered as a Product
Category 4: Alternative Wireless Transport Options
Contractor was awarded Categories 1, 2, and 3.
Participating Entity has elected to participate in Categories 1 & 2.
2. Participation:
All eligible purchasers (“Purchasing Entity” or “Participating Entity”) within the State of Arkansas,
including State agencies, K-12 educational institutions, and local public procurement units (cities,
counties, municipalities), are authorized to purchase products and services under th e terms and
conditions of this Agreement.
3. Order of Precedence:
A. Arkansas’s Participating Addendum (PA); Arkansas’s Participating Addendum shall not diminish,
change, or impact the rights of the Lead State with regard to the Lead State’s contractual
relationship with the Contractor under the Terms of the Lead State’s Master Agreement;
B. Lead State’s Master Agreement (includes negotiated Terms & Conditions);
C. The Solicitation including all Addendums; and
D. Contractor’s response to the solicitation.
These documents shall be read to be consistent and complementary. Any conflict among these
documents shall be resolved by giving priority to these documents in the order listed above. Contractor
terms and conditions that apply to the Master Agreement are only those that are expressly accepted
by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or
Attachment. Notwithstanding the foregoing, ordering documents (purchase orders) may contain
transaction-specific terms and each ordering document that is accepted by the Contractor shall
become a part of this Agreement as to the products and services listed on the ordering document only.
No other terms and conditions shall apply, including terms and conditions listed in the Contractor’s
response to the Solicitation, or terms listed or references on the Contractor’s website, in the
Contractor’s quotation/sales order or in similar documents subsequently provided by the Contractor
(unless such terms are referenced in the Master Agreement).
DocuSign Envelope ID: 3F185340-1055-47C4-A308-5ED6F85738E1
PARTICIPATING ADDENDUM
NASPO VAULEPOINT COOPERATIVE PURCHASING PROGRAM
MASTER AGREEMENT # MA152
Page 2 of 6
4. Participating State Modifications or Additions to Master Agreement:
These modifications or additions apply only to actions and relationships with the Participating Entity.
A. Reporting. Contractor must submit quarterly reports to the Arkansas Office of State Procurement
via email to OSP.ITContracts@dfa.arkansas.gov. Reports shall be due on or before the last day
of the month following the end of the quarter. The contractor shall provide an electronic usage
report in Excel format which lists, but is not limited to, the following:
1) Vendor Contract Number
2) State
3) Customer Type (State, Education, Local Government)
4) Bill to Name
5) Customer PO Number
6) Customer Number
7) Order Date
8) Product/Service Description
9) Baseline Price
10) Discount Applied
11) Discount Unit Price
12) Quantity
13) Total Price
B. Payments. Payments will be submitted to the Contractor at the address shown on the invoice.
Payments should be tendered to the contractor within thirty (30) days of the date of invoice. After
the sixtieth (60) day from the date of invoice, unless mutually agreed to, interest may be paid on
the unpaid balance due to the contractor at the rate of one half (1/2) of one (1) percent pe r month
in accordance with Arkansas Code Annotated §19-11-224. The Purchasing Entity will make a good-
faith effort to pay within thirty (30) days after the date of invoice. The State shall have the right to
dispute billed goods or services and withhold pay ment for those goods or services that are in
dispute. Interest shall not be charged on disputed amounts while in dispute.
C. Records. Financial and accounting records relevant to State of Arkansas transactions under this
Addendum shall be subject to examination by appropriate Arkansas government authorities for a
period of five (5) years from the expiration date and final payment under this Addendum or
extension thereof, provided, however, that such government authorities will provide thirty (30)
days written notice to the Contractor of its intent to conduct such examination contemplated by
this section.
D. Governing Law. The laws of the State of Arkansas shall govern this Agreement. Nothing under
this Agreement or the Master Agreement shall be deemed or construed as a waiver of the State’s
right of sovereign immunity.
E. Venue: Venue for any claim, dispute, or action concerning an order placed against the contract
shall be Pulaski County, Arkansas. Any claims against the State, whether sounding in tort or in
contract, shall be brought before the Arkansas State Claims Commission as provided by
Arkansas law, and shall be governed accordingly.
F. Travel Expenses. Expenses for travel shall not be reimbursed unless specifically permitted
under the duties of the Contractor. All travel must be approved in advance by the State.
Approved expenditures made by the contractor for travel will be reimbursed at the current rate
paid by the State and in accordance with Arkansas Travel Guidelines and Procedures.
G. Software Terms and Conditions: Purchasing Entities that acquire software shall be subject to
the license agreements distributed with such software; however, in the event of a conflict in
DocuSign Envelope ID: 3F185340-1055-47C4-A308-5ED6F85738E1
PARTICIPATING ADDENDUM
NASPO VAULEPOINT COOPERATIVE PURCHASING PROGRAM
MASTER AGREEMENT # MA152
Page 3 of 6
language between an end user license agreement (EULA) and the Master Agreement, the
language in the Master Agreement will supersede and control. In addition, any language in a EULA
which violates a Purchasing Entity’s constitution, statute or other applicable law will be deemed
void, and of no force or effect, as applied to the Purchasing Entity.
H. Cancellation.
1. For Convenience. Either the State or Contractor may cancel this Agreement for any reason
by giving the other written notice of such cancellation sixty (60) days prior to the date of
cancellation.
2. For Cause. The State may cancel this Agreement for cause when the Contractor fails to
perform its obligations under it by giving the Contractor written notice of such cancellation at
least thirty (30) days prior to the date of proposed cancellation. In any written notice of
cancellation for cause, the State will advise the Contractor in writing of the reasons why the
State is considering cancelling the Agreement, and provide the Contractor with an opportunity
to avoid cancellation for cause by curing any deficiencies identified in the notice of
cancellation for cause prior to the date of proposed cancellation. The parties may endeavor to
agree to reasonable modifications in the Agreement to accommodate the causes of the
cancellation for cause and avoid the cancellation, to the extent permitted by law, and at the
discretion of each party individually.
3. If upon cancellation the Contractor has provided services which the State has accepted, and
there are no funds legally available to pay for the services, the Contractor may file a claim
with the Arkansas Claims Commission under the laws and regulations governing the filing of
such claims.
I. Confidential Information. Under Arkansas law, the release of public records is governed by
The Arkansas Freedom of Information Act found at Section 25-19-101 et seq. of the Arkansas
Statutes.
J. Contingent Fee. The Contractor guarantees that Contractor has not retained a person to solicit
or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, except for retention of bona fide employees or bona fide established
commercial selling agencies maintained by the Contractor for the purpose of securing business.
K. Disclosure. Under Arkansas law, the Office of State Procurement (OSP) is required to have a
copy of EO 98-04 Disclosure Form on file for the Contractor. Contractor must submit the
disclosure form prior to entering into this Addendum. Failure to make any disclosure required by
Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted
pursuant to that order, shall be a material breach of the terms of this Addendum. Any contractor,
whether an individual or entity, who fails to make the required disclosure or who violates any rule,
regulation, or policy shall be subject to all legal remedies available to the State.
L. Restriction of Boycott of Israel. Pursuant to Arkansas Code Annotated § 25-1-503, a public
entity shall not enter into a contract with a company unless the contract includes a written
certification that the person or company is not currently engaged in and agrees for the duration of
the contract not to engage in, a boycott of Israel.
By signing this Participating Addendum, a Prospective Contractor agrees and certifies that they
do not, and will not for the duration of the contract, boycott Israel.
M. Vendor Registration. In order to receive payment, Contract Vendor must register online at
https://www.ark.org/vendor/index.html
DocuSign Envelope ID: 3F185340-1055-47C4-A308-5ED6F85738E1
PARTICIPATING ADDENDUM
NASPO VAULEPOINT COOPERATIVE PURCHASING PROGRAM
MASTER AGREEMENT # MA152
Page 4 of 6
N. For Services Only:
1. Equal Opportunity Policy. In compliance with Arkansas Code Annotated § 19-11-104, if a
state agency is purchasing services, the Office of State Procurement (OSP) is required to
have a copy of the Contractor’s Equal Opportunity (EO) Policy prior to entering into this
Addendum. EO Policies may be submitted in electronic format to the following email
address: eeopolicy.osp@dfa.arkansas.gov or Contractor may submit a hard copy with this
Addendum. The submission of an EO Policy to OSP is a one-time requirement. Contractor
is responsible for providing updates or changes to its policy, and for supplying EO Policies
upon request to other State agencies that must also comply with this statute. If Contractor is
not required by law to have an EO Policy, Contractor must submit a written statement to that
effect.
2. Prohibition of Employment of Illegal Immigrants. Pursuant to Arkansas Code Annotated §
19-11-105, if a state agency is purchasing services, the Office of State Procurement (OSP) is
required to have a certification on file from the Contractor stating that the Contractor does not
employ or contract with illegal immigrants.
By signing this Participating Addendum, the Contractor agrees and certifies that they do not
employ or contract with illegal immigrants and that they will not employ or contract with illegal
immigrants during the aggregate term of the contract.
3. Performance Standards Under Arkansas law, all state agencies, boards, commissions, and
institutions of higher education must include performance standards when purchasing
services. Performance standards shall be mutually agreed upon by the parties hereto for any
services purchased.
O. Leasing. Leasing shall not be authorized under this Participating Addendum.
P. Value Added Services. The Contractor shall not propose or provide value-added services
unless it meets one (1) or more of the following criteria:
• It is of no cost to the purchasing entity;
• Services are linked to items the entity has purchased through a current or past
transaction.
5. Purchase Order Instructions:
All purchase orders issued by Purchasing Entities within the jurisdiction of this participating
addendum should include the following:
A. NASPO Valuepoint/State of Utah Master Agreement number MA 152
B. State contract number SP-20-0035 4600045706
C. Agency Name, Address, Contact, and Phone-Number
D. Applicable approvals
E. Orders will be made out to the Contractor
The Purchasing Entities shall not be required, by the Contractor or its subcontractors, to sign
any additional terms and conditions when utilizing this Agreement.
6. Subcontractors:
The Contractor may use subcontractors; however, the Contractor will be responsible for any
agreements with the subcontractors. The Participating State/Entity is not agreeing to and is not
DocuSign Envelope ID: 3F185340-1055-47C4-A308-5ED6F85738E1
PARTICIPATING ADDENDUM
NASPO VAULEPOINT COOPERATIVE PURCHASING PROGRAM
MASTER AGREEMENT # MA152
Page 5 of 6
responsible for any terms and conditions with a subcontractor. The following subcontractors are
authorized to provide product delivery and services:
Subcontractor Contact Name Email Phone
To be provided
Subcontractors may be updated by mutual agreement
7. Individual Customer:
Each State agency and political subdivision, as a Participating Entity, that purchases
products/services shall be treated as if they were Individual Customers. Except to the extent modified
by a Participating Addendum, each agency and political subdivision shall be responsible to follow the
terms and conditions of the Master Agreement; and they shall have the same rights and
responsibilities for their purchases as the Lead State has in the Master Agreement. Each agency and
political subdivision shall be responsible for their own charges, fees, and liabilities. Each agency and
political subdivision shall have the same rights to any indemnity or to recover any costs allowed in
the contract for their purchases. The Contractor shall apply the charges to each Participating Entity
individually.
8. Orders:
Any Order placed by a Participating Entity or Purchasing Entity for a Product and/or Service available
from this Master Agreement shall be deemed to be a sale under (and governed by the prices and
other terms and conditions) the Master Agreement unless the parties to the Order agree in writing
that another contract or agreement applies to such Order.
9. Terms:
The Participating State/Entity is agreeing to the terms of the Master Agreement only to the extent the
terms are not in conflict with Arkansas law.
10. Primary Contacts:
The primary contact individuals for this Participating Addendum are as follows (or their named
successors):
Lead State Name Chris Jennings
Address
Telephone 801-538-3157
E-mail ctjennings@utah.gov
Contractor Name Cellco Partnership d/b/a Verizon Wireless
Address 15505 Sand Canyon Ave Bldg D, Irvine, CA USA 92618
Telephone 949-246-8700
E-mail doug.robertson@verizonwireless.com
Participating
Entity
Name Shane Phillips
Address 1509 West 7th Street, 3rd Floor, Little Rock, Arkansas 72201
Telephone 501-324-9322
E-mail Jordan.Phillips@dfa.arkansas.gov
The contacts listed above can be changed by the parties from time to time in writing. Such updates do not
require an amendment to this Addendum.
DocuSign Envelope ID: 3F185340-1055-47C4-A308-5ED6F85738E1
Target value 25,000,000.00 USD
REFERENCE TRACKING: SP-20-0035
COMMODITY: Wireless Data, Voice, & Accessories
This is a term contract issued by the Office of State Procurement. This is not authority to ship. A separate purchase
order will be issued.
TYPE OF CONTRACT: Term
Contract Period: April 1, 2020 through August 11, 2025. Upon mutual agreement by the contractor and OSP, the
contract may be renewed on a year-to-year basis, for up to two (2) additional one (1) year terms or a portion thereof.
In no event shall the total contract term be more than seven (7) years.
OSP Buyer Contact Information:
Tiffany Maddox
501-324-9320
Tiffany.Maddox@arkansas.gov
______________________________________________________________________________
Item Material/Description Target QtyUM Unit Price Amount____________________________________________________________________________________________________________________________________________________________
0001 10100444 10,000,000.00 Lump Sum 1.00 $ 10,000,000.00
TECH SERVICE,TELECOMMUNICATION
Vendor No.100160125
Contact
Your reference SP-20-0035
CELLCO PARTNERSHIP
VERIZON WIRELESS
ONE VERIZON WAY
BASKING RIDGE NJ 07920-1097
Send Invoice To:Ship To:Valid from: 04/01/2020
Valid to: 08/11/2025
GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR:
All purchasing rules and regulations defined by the State of Arkansas apply to this document.
Purchasing Official/Fiscal Officer 08/13/2024
STATE OF ARKANSAS
Term Contract
Contract No.4600045706
Date 11/04/2019
Contact Tiffany Maddox
Telephone 501-324-9320
Fax 501-682-4242
Our ref.ST
Incoterms FOB
DESTINATION
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Item Material/Description Target QtyUM Unit Price Amount____________________________________________________________________________________________________________________________________________________________
0002 10116827 5,000,000.00 Lump Sum 1.00 $ 5,000,000.00
PHONE,CELLULAR,MISC______________________________________________________________________________
0003 10118760 5,000,000 each 1.00 $ 5,000,000.00
TABLET,PC,MISC______________________________________________________________________________
0004 10117813 5,000,000 each 1.00 $ 5,000,000.00
CELLULAR PHONE SUPPLIES______________________________________________________________________________
Estimated Net Value 25,000,000.00
Vendor No.100160125
Contact
Your reference SP-20-0035
GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR:
All purchasing rules and regulations defined by the State of Arkansas apply to this document.
STATE OF ARKANSAS
Term Contract
Contract No.4600045706
Date 11/04/2019
Our reference ST
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