HomeMy WebLinkAboutOrdinance 3848 FILED FOR RECOO
94 DEC 13 Rn 9 Is
WASHINGTON COAR
ORDINANCE NO. 3848 " Kpl-LME -
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR
TELECOMMUNICATIONS SERVICES WITH
SOUTHWESTERN BELL TELEPHONE CO. AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That the City Council hereby waives the requirements of competitive
bidding for the Plexar II - Custom Telecommunication System for the reason that said
requirements are not feasible or practical . The Plexar II System is the only system which
provides service and switching equipment based in the office of the company providing the
telephone service, thus making it a sole source.
Section 2. That the Mayor and City Clerk are hereby authorized to execute a
contract with Southwestern Bell Telephone Co. to provide telecommunication services. A
copy of the Contract is attached as Exhibit "A " and made a part hereof.
Section 3 . That the City Council hereby determines that the necessity for central
office based telecommunications service to the City of Fayetteville is necessary to protect the
public health, safety and welfare of the people of Fayetteville. Therefore, an emergency is
hereby declared to exist, and this ordinance being necessary for the public health, safety and
welfare shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED this 7th day of December 1994.
APPROVED :
By : I - 014�4�
red Hanna, Mayor
ATTEST: y�
By :
Traci Paul City-Glerk
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Southwestern Bell Telephone PLEXAR-Custom® Service
Agreement
L PREAMBLE
The undersigned hoary agrees to auLsaSe to PLEXAR-Custom Service rSERVICE,as sat foM in the lolbxiip toms and mnldluns. EXHIBIT A
I. SCOPE OF SERVICE
PLE)VItOsbm SERVICE s a central aft Eased busuhess anmatratwrs system which serves cistornas with a miimm of 75 am=.
PLEXARCoabm SERVICE s provided uMdng existing SWBT aaWe and eggmeM,oasahudon of naw acfitks,the purchase of newcemral oft equipment,or any mhrbindon thereof.The SERVICE is prided by an
artasgertenl of station Ines,switfhtg eWVT*K arsmnwr facliq groups, and offer famtss locoed m SWBTs premises. PLEXAR-Custom Seneca is oflemil pureuatto he provisions of SW'B7's Wits and ad mks,reguators,
rates and dump are heretry made a porton of tiisAgreanaA. Should any pan of taAgreement he in conflict with the appliraLde ads,the Wits will go+em.
III. GENERAL PROVISIONS
A SERVICE will be provided to CUSTOMER h a Fixed Rate Term as specified on SWBTform SW 40C,Services Covered, dee ed and made a pan herd.This SERVICE isutanded for the use by CUSTOMER any
and shorltl not be used by a resdd to any otlher entry.
B.This Agreement chat be sidled to ere appleaNe Federal, Sure,and Local laws,endurances, and regulations, and shatf he continued in accordance with the laws of the sate in which SERVICE is forma . The more and charges,tams
and wrtlitma of die Agreement, P16V form SW4325C, are subjedtothe review endo approval by the regulatory aubodtes of the State in wtkh SERVICE s hinds*.
C. tans specified in is ettadsd SWA325 TIAloauded cis rates and doges shim.The mos quoted for semoes not sbsaLed b at Me lima d ifidal SERVICE insktaton (Number Unds-V'm the SWd725C(shall be vafc
udydisalmmahetae 114y 311 `l� ( 'WYNaarI
N. CUSTOMER SERVICE LOCATION(S) B PLEXAR STATION QUANTITIES
A.SERVICE and be provided to CUSTOMER at the locations specified and atthe Conover ate CapactlyOuaNbes for PLEXAR Stmon"as (Digital, Bass, Ot-Praises ander Nonworking PLEXAR Stations)shown on tam
SW-4325C attached.
B. Esatatm of Off-Premses sabers will be SL40 to doges set M in the SW4325C, doges in applicable seders of SWBTs tatlls, and all other tams and wrGbas herein.
V. FRED PAYMENT PLAN PROVISIONS
A. The Fuad Paymern Pan provides that CUSTOMER shell pay a Fixed Mmtlty Rate W SERVICE over the Fixed Flo Temp, begurnig on he data SERVICE is insisted.
B. Installation and NounRacudng Charges shown W the SERVICE may be defamed ower the fixed rate tem. For subsequent addtons of service hems aterihe system s clover(Addtonm).Customer may elect to call Irsalatm and
Nontmann ig Charges orer the mmabtiry Fined Rate Tem based on the arimmy factor relaermed on the SW4325C. nsatafion aid Nan+ecumry charges will be applied each and a"we services are Installed or reusatled.
O Feed Ryes ere rot abpdtoate ureases boated by SWBTdung the mused tins Agewwk
O.Tatlted exctaga access services mina tab services and miscalahems sante change not specified in the auadhed SW4325C aro smjec to SWBTfmtated ate do".
E.The renes, muumun qumNtes and maximum capacities specified in the entre i SW4325C ars applicahle to Acdfiom made during the period of the Fixed Rate Tenn.Charges M Fixed MiAddtor s begin at installation of Che
Addlioh and end at to end of the Fuad pate Term. For Additions not specifad on the SW4325C, or for Additions spedfied m the SW-4325C bat net instilled wNktlhe quoted ate was stfl valid (see paagaph III.C.), the rate will be
esabtshed by an addendum to this Agreement at to tate of the Custmhels request
VI. PROVISIONS FOR DISCONNECTIONS OR MOVES
A Dsmmemah of PLEXAR Stations
I CUSTOMER dsmnneca PLEXAR Satins prima the expiration of this Agreement,termination liabtty may appy.Termination liability is applicable ody on tlme PLEXAR Sonans dsmmected which result in a mdatorr in the number
of remaining utsevics PLEXAR Sagas below 65%d the Cutover Ouatry (uohding all other Mover station quattes msdtrg from subsequent system additons during the Fixed Rate Tenn). The temunmim tabtiry is the preset
worth of tis sun of the satlm aces for d*ureipied porton of the Fixed Rao Tam for the number of PLEXAR Stations dekrmuad stove. In addition,is pu rsem worth of any Installation and Nor-recurring changes to hire been
dermad most be paid in M.
B. Complete Dsmrhedion of SERVICE
t CUSTOMER dsconerb SERVICE in me artery,lamination flabdicy applies.The termination liablLly is the presentwmh of me sum of the salon rates for the u axpum porton of it* Fixed Rae Tem W the number of stator
determined in VIA or 55%d the Culver Ouanay(ircWug an other cutover station quantbes matting from subsequerd system addle s during the duration of to Fixed Rate Tam),whichever is greater. In addition, the present worth of
any Instillation and Narmumtg doges that hire been daemd must be Raid in hill.
C.Mows of SERVICE m Different CUSTOMER L orations
CUSTOMER may move services from ms CUSTOMER bcatm d another where facilities fanner.s blactto the appropriate hstelatorM Nasreaarig and Returning changes associated with As move, and abjeeto regdascry approval,
whore applcable. Fixed Monthly Rates for PLEXAR Stator at to new location will be esabished by an adds dun to Is ServiceCmtmt at the hone of the request. Fixed mon" aceslor teatres ateded by the move will also be
eaabTahed by an addendum to thio Savior Conrad at the time of the request Termnmm taV4 may appy t to 65%cmdlnn of paagaph WA.above is met
D.Return of PrepaM Recurring Chagas
CUSTOMERS who disconnect PLEXAR Custom statens after having made a puepaymam of reca ng doges may be small to a refrmd based m his mused porton of the anginal contact The poterrod nru d anal be cahkted as
dasabm in Section W.
WI. MISCELLANEOUS PROVISIONS
AN Addtions to Its;Agreement will be made mtemirous with the signal contact period unless the CUSTOMER nitiaty mgrs a slater tem.
One pay dueday keg w]be WdW with be SERVICE in amdanca with the regulations set hrth in the Directory Lishogs semen of SWBTs Wit.
The assgrtrem ofteleploca romans htlis SERVICE cal be in anccmaoe with the Ades and Repdaoors Applying to All Compromise Cmtacs sector of SWBTS Wm.
Sufficient floor win ad to necessarywipg, outlets and commercial power kr the operator of the SERVICE shat be furnished by the CUSTOMER who aahmes al respomi lity W the sate mndbon of such too spam.wing,
Mtes and power.
Mon" End User Comment Lim Charges will be bi to CUSTOMER for each PLEXARCrslom statim as prescribed by tle FCC and set forth in SWBT'sAccess aM.An adddNe equivalent to the Brsicass End Iso Carron Line
ClmgeWappyforeachROURCospmA¢ex ire. The Mumt ,Mo aroWs will be rmdad to to CUSTOMER§aauet
VER. TERMSOFAGPEEWENT 01 /01/ 1995 `/.` 01 /01/ 2000 ��
NkAgreenem acral borne etec4vem kRfcR�7;9t�X . ad expfrem 1(2XXQ(X£[9[ ,
X ENRREAGREEMENT
TheAWeamnt, idu3g SWBTtam SWA325CandaryotoAttedmek,mrmfibmthew&BAgeerrentoftenpates Wthepm mandusedPIEXA OjMm Sevtoeandcanbearendedmybyawbgsigedbyoe
parties temp.
W WITNESS WHEREOF.the faegohg Apemnem has been exauled byte pates hereto, in hrorill as of the dates satfab below.
AooNaal: Accepted:
SaMemae rA pay City o Fay t vibe
This Account Rep . Tie:
Date: / 7Date: SW43 94 (Rev. 1-94-94
)
CUSTOMER COPY
NON-APPROPRIATION
In the event sufficient funds shall not be appropriated for
the payment of the fees due pursuant to this Agreement , and if the
City has no funds legally available for payments from other
sources , the City may terminate this Agreement on any of the
anniversary dates which arise during the 5 year term of this
contract and the City shall not be obligated to make payment of the
fees provided for in this Agreement beyond the anniversary date .
The City agrees to deliver written notice by certified mail to
Southwestern Bell located at 138 N . East Street , Fayetteville ,
Arkansas 72701 , of such termination at least ninety ( 90 ) days prior
to the then current anniversary date . To the extent lawful , the
City shall not , for one year after the termination of this
Agreement , expend any funds for the purchase or use of equipment
similar to the equipment subject to this Agreement .
Southwestern Bell Telephone Co . City of Fayetteville
» - � 7 - 1 !V C)4-
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STATE OF ARKANSAS
ss.
County of Washington r`
I, ,n ' V`�%t' �' herebycer-
tify that I am the publisher of THE RTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
ORDINANCE NO. 3848 five columns each, published at a fixed place of business and at a fixed (daily) intervals
AN ORDINANCE WAIVINGI
COMPETITIVE BIDDING continuously in the City of Fayetteville, County of Washington, Arkansas for more than
AND AUTHORIZING THE a period of twelve months, circulated and distributed from an established place of business
MAYOR AND CITY CLERK,
TO EXECUTE AN AGREE. to subscribers and readers generally of all classes in the City and County for adefmite price
N I C A FOR T SERVICES for each c0 or a fixed rice r annum, which rice was fixed at what is considered the
N ( CATIONS SERVICES' PY. P (R P
WITH SOUTHWESTERN value of the publication, based upon the news value and service value it contains, that at
BELL TELEPHONE
AND DECLARING AN least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
EMERGENCY. newspaper or its agents or through recognized news dealers Over a period Of at least six
BE IT ORDAINED By THE
CITY COUNCIL OF THE months; and that the said newspaper publishes an average of more than forty percent news
CITY OF FAYETTEVILLE. mauler.
ARKANSAS:
SECTION 1 . That the City
Council hereby waives the
requirements of competitive I further certify that the legal noticg hereto attached in the matter of
bidding for the Plexar It - ( //��
Custom Telecommunication O''11V� 'r yyy�ti 311 1 }{
System for the reason that ( �` V (tel`-I t
said requirements are not I
feasible or practical. The
Plexar II System is the only was published in the regular daily issue of said newspaper for
system which Provides ser-
vice and switching equip- consecutive insertions as follows:
ment based in the office of
the company providing the � � �
telephone services. thus The first insertion on the �m'IQJC,( l� day of 19 ` )
nuking it a sole 'source.
SECTION 2. That. the Mayor
and City Clerk are hereby the second insertion on the da of 19
authorized to execute a y
contract with Southwestern
Bell Telephone Co. to pro-
vide telecommunication ser. the third insertion on the day of 19
vices. A copy of the Con-.
tract is attached as Exhibit
" A - and made a part and the fourth insertion on the day of 19
hereof.
SECTION 3. That the City
Council hereby determines
that the necessity for cen-
tral Office based telecom- � m , d
City of tservice n the
City of Fayetteville ct e nuc public eery to protect d public
health. safety and welfare (� � ,^ 27 1zi z: 4 Publisher General Manager
of the people of Fayette- 1 / _ k.
villa . Therefore . e .
aced to xi is hereby dec.
Imetl to mist. and this ofor r• �tl� qq ^� r7°T.
nonce being necessary for . ` -r — '� t
slid public health, salary
antl welfare shall be in full
and
force end effect from and
after its passages and
approval:
PASSED AND APPROVED
this 7th day of December.
1994.
APPROVED By: Fred Hanna. Mayor
ATTEST:
By: Traci Paul. City Clerk ^^��
Sworn to and subscribed before me on this LX day of
(' On � F�
Notary Public
My Commission Expires:
� — 0 /�
l ! `-1 1 —0
Fees for Printing —$ C UI/
Cost of Proof $
Total $
