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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 Page 1/2 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 Page 2/2