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HomeMy WebLinkAboutOrdinance 4274 ORDINANCE NO, 4274 AN ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR TELECOMMUNICATIONS SERVICES WITH SOUTHWESTERN BELL TELEPHONE COMPANY . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council hereby waives requirements of competitive bidding for the Plexar-Custom Telecommunications System for the reason that said requirements are not feasible or practical. The Plexar 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 hereto marked Exhibit A and made a part hereof. t A#ASPED AND APPROVED this 3rd day of October , 2000. �t < # , APPROVED - By:— F/eA Hanna, Mayor ATTEST By: . I eather Woodruff, City Cleff OR 6 . A) . -/t7� EXHIBIT A ® Southwestern Bell Telephone • SWA325B �X/f Plexare-Custom Service (Rev. 10/99) A�QE Agreement Page 1 of 2 I. PREAMBLE The undersigned hereby agrees to subscribe to Plexar-Custom Service ('SERVICE') as set forth in the following terms and conditions. If. SCOPE OF SERVICE Plexar-Custom SERVICE is a central office based business communications system, which serves customers with a minimum of 75 stations within a single serving office. Plexar-Custom SERVICE is provided utilizing existing SWBT facilities and equipment, construction of new facilities, the purchase of new central office equipment, or any combination thereof. The SERVICE is provided by an arrangement of station lines, switching equipment, customer facility groups, and other facilities located on SWBT's premises. Plexar-Custom SERVICE is offered pursuant to the provisions of SWBT's tadffs and such rules, regulations, rates and charges are hereby made a portion of this Agreement. Should any part of this Agreement be in conflict with the applicable tariffs, the tariffs will govern. III. GENERAL PROVISIONS A. SERVICE will be provided to CUSTOMER for a Fixed Rate Term as specified on SWBT forth SW-0325C, Services Covered, attached and made a parthereof. This SERVICE is intended for the administrative use by CUSTOMER only and should not be used by or resold to any other entity. B. This Agreement shall be subject to all applicable Federal, State, and Local laws, ordinances, and regulations, and shall be construed in accordance with the laws of the state in which SERVICE is furnished. The rates and charges, terms and conditions of this Agreement, including form SW-4325C, are subject to the review and/or approval by the regulatory authorities of the State in which SERVICE is furnished. C. Items specified in the attached SWA325C will be provided at the rates and charges shown. IV. CUSTOMER SERVICE LOCATIONS) & PLEXAR STATION QUANTITIES A. SERVICE shall be provided to CUSTOMER at the locations specified and at the Cutover and Capacity Quantities for Plexar Station types (Digital, Basic, Off-Premises and/or Non-Working Plexar Stations) shown on form SWA325C attached. B. Installation of Off-Premises stations will be subject to charges set out in the SW-4325C, charges in applicable sections of SWBTs tariffs, and all other terms and conditions herein. V. FIXED PAYMENT PLAN PROVISIONS A. The Fixed Payment Plan provides that CUSTOMER shall pay a Fixed Monthly Rate for SERVICE over the Fixed Rate Term, beginning on the date SERVICE is installed. B. Installation and Non-Recurring Charges shown for this SERVICE may be deferred over the fixed rate tens. For subsequent additions of service items after the system is cutover (Additions), Customer may elect to defer Installation and Non-Recurring Charges over the remaining Fixed Rate Tenn based on the discount rate referenced on the SW-4325C. Installation and Non-Recurring Charges will be applied each and every time services are installed or reinstalled. C. Fixed Rates are not subject to rate increases initiated by SWBT during the course of this Agreement. D. Tariffed exchange access services and/or trunk services and miscellaneous service offerings not specified in the attached SW-4325C are subj to SWBT initiated rate changes. E. The rates, minimum quantities and maximum capacities specified in the attached SW4325C are applicable to Additions made during the pehX of the Fixed Rate Term. Charges for Fixed Monthly Additions begin at installation of the Addition and end at the end of the Fixed Rate Term. X Additions not specified on the SW4325C, the rate will be established by an addendum to this Agreement at the time of the Customer's requesC Vl. PROVISIONS FOR DISCONNECTION'S OR MOVES W� A. Disconnection of Plexar Stations 1y. If CUSTOMER disconnects Plexar Stations prior to the expiration of this Agreement, termination liability may apply. Termination liability is applicablE only on those Plexar Stations disconnected which result in a reduction in the number of remaining in-service Plexar Stations below 65% of the Cutover Quantity (including all other cutover station quantities resulting from subsequent system additions during the Fixed Rate Term). The termination liability is the present worth of the sum of the station rates for the unexpired portion of the Fixed Rate Tenn for the number of Plexar Stations determined above. In addition, the present worth of any Installation and Non-Recurring Charges that have been deferred must be paid in full. The discount rate to be used in determining the present worth of these charges is shown on the attached SW-4325C. oRd . ,do , y� y� ® Bouthwestem Bell Telephone • • SW-43258 Plexare-Custom Service (Rev. 10/99) Agreement Page 2 of 2 Vl. PROVISIONS FOR DISCONNECTION'S OR MOVES (continued) B. Complete Disconnection of SERVICE If CUSTOMER disconnects SERVICE in its entirety, termination liability applies. The termination liability is the present worth of the sum of the station rates for the unexpired portion of the Fixed Rate Term for the number of stations determined in VILA or 65% of the Cutover Quantity (including all other cutover station quantities resulting from subsequent system additions during the duration of the Fixed Rate Term), whichever is greater. In addition, the present worth of any Installation and Non-Recumng Charges that have been deferred must be paid in full. The discount rate to be used in determining the present worth of these charges is shown on the attached SW-03250. Note: Stations previously disconnected, for which termination liability has already been incurred, should not be included in calculating station termination liability for a complete disconnection of service. C. Moves of SERVICE to Different CUSTOMER Locations CUSTOMER may move services from one CUSTOMER location to another where facilities permit, subject to the appropriate Installation, Non- Recurring and Recurring Charges associated with the move, and subject to regulatory approval, where applicable. Fixed Monthly Rates for Plexar Stations at the new location will be established by an addendum to this Service Contract at the time of the request. Fixed monthly rates for features affected by the move will also be established by an addendum to this Service Contract at the time of the request. Termination liability may apply if the 65% condition of paragraph VILA above is met. VII. MISCELLANEOUS PROVISIONS All additions to this Agreement will be made coterminous with the original contract period unless the CUSTOMER initially requests a shorter term. One primary directory listing will be furnished with this SERVICE in accordance with the regulations set forth in the Directory Listings section of SWBT's tariff, The assignment of telephone numbers for this SERVICE shall be in accordancewith the Rules and Regulations Applying to All Customers' Contracts section of SWBT's tariff. Sufficient floor space and the necessary wiring, outlets and commercial power for the operation of the SERVICE shall be furnished by the CUSTOMER who assumes all responsibility for the safe condition of such floor space, wiring, outlets and power. Monthly End User Common Line Charges will be billed to CUSTOMER for each Plexar-Custom station as prescribed by the FCC and set forth in SWBT's Access tariff. An additive equivalent to the Business End User Common Line Charge will apply for each Plexar-Custom Access Line. The difference between these two amounts will be credited to the CUSTOMER's account. VIII. TERMS OF AGREEMENT This Agreement shall become effective on October 3. 2000 , and expire on October 3. 2005. IX. ENTIRE AGREEMENT This Agreement, including SWBT form SW-4325C and any other Attachments, constitute the entire Agreement of the parties for the provision and use of Plexar-Custom Service and can be amended only by a writing signed by the parties hereto. IN WITNESS WHER OF, the foregoing Agreement has bee executed by the parties hereto, as the dates se forth below. Accepted: Accepted: Southwestern Bell Telephone Company By: 404zd7 ' A /"67-oal zrX By: Title: JW4a /t flg^l466A Title: Date: 6cr3. Date: C / A k ` 7 � - ■ \ k \ \\ \ \ \ \ \ \ \ k \ \ k §k k \ § ° \ ( 2 \ ) § 2 2 \ ® ; k § o A ; § k % 7 2 7 8 ) § ) § ( § § Q 6 r \ \ r d m ) $ 3 $ 3 § 3 t \ \ { / ) ) ) ) k \ \ { OT m bo � 2 ` § / j } \ � ® } 6) \ ) \ C § ; 0 ( 1 2 rB a 0CO m k < E � t 9 § ® § ; $ $ \ $ % j ) a s � ! ! mer ! # + q6 , 6 o � 6 � _ 2 2 % C, W ( � - - k ° FE ( } k ( !} cm 22 R ■_Kf \ § o 03 ] \ [ m e CD - ƒ i \ E % } / \ ` § U) ! 2 / ! 3 # aa / } \ ! ) § 4 ( § \ 0 ) ) 0 } ( � / � § \ ) \ / ƒ ® @ 7 � \ ! \ e } \ i / \ ƒ R § « § F . - $§ ! � ; � E2 \ 2 CA ; { 7 R. a ` j � a K < E � - ) a 7 � # § Do 0 \ © J ■ 6 t \ � # ° 0 ® k U) ( # CD J ] - � k ) k \ i § 0 \ 2 ; \ CO r M 2 g k M \ m m \ \ Z § § ) M. o } 2 f a | ( 9 = q r \ 5 � ` ■ ; § E ; ƒ CO) K2 9 � © - § 207 2 n � \ � ; G C � 2 � 9 \ § . k r • SCHEDULEI • The following Discounts Apply To The Trunk Rate Only, NOT the EAS and EUCL: 12 Mo. = 4%, 24 Mo. = 6%, 36 Mo. = 7%, 46 Mo. = g%, 60 Mo. = 11 % Rate shown below does not include EAS and EUCL. BILLING TELEPHONE LOCATION TYPE OF NUMBER OF MONTHLY TOTAL NUMBER TRUNKS TRUNKS RATE 501 521 -7700 140 W. Rock, Fayetteville, Ar. Two-Way 25 $33.67 $841 .75 501 521 -7700 140 W. Rock, Fayetteville, Ar. Out-Dial 3 $33.67 $101 .01 i/Y i 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 five (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 Av. , 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. �45 A,, � Southwestern Bell Telephone Co. City of Fayetteville Date Date SOUTHWESTERN BELL TELEPHONE COMPANY PROPOSAL PLEXAR-CUSTOM SYSTEM HIGHLIGHTS The Plexar-Custom System is a leased telecommunications system housed in the Fayetteville Central Office which can provide an unlimited number of plexar telephone lines. It is a switched voice communications system provided by an arrangement of exchange access lines, station lines, switching equipment and other facilities located on Telephone Company premises. The Plexar-Custom System provides efficient internal communications; direct inward dialing and direct outward dialing. The standard features of the Plexar-Custom System are included in the monthly rate, plus those optional features you have selected. Optional features are at additional costs but are available on a per station basis which eliminates the necessity of installing a feature package when only a few stations need a particular feature. A list of standard and optional features is included. Southwestern Bell Telephone Company is proposing the Plexar-Custom System for the City of Fayetteville because we feel it has many advantages over a premise-based PBX system. Specifically, we would like to state these advantages as: I . NO LARGE CAPITAL INVESTMENT REQUIRED The Plexar-Custom System is offered under a Rate Stability Plan Lease Arrangement for a period of one, two, three, four, or five years. Therefore, it is not necessary to invest thousands of dollars in a purchased, premise-based PBX system which can quickly become obsolete due to the fast-changing electronic technology. The Rate Stability Plan means that the base charge of your Plexar rate will not change for the duration of the contract. 2. CONTRACT RENEWAL CAPABILITY Although you subscribe to a fixed-term rate stability plan, you may, at your option prior to the expiration of the existing contract term, renew the contract for any available term at the time of renewal. A new contract is required and you will be subject to the prevailing rates for the term chosen (a longer contract period will ensure a cheaper rate). 3 . MAXIMUM SYSTEM RELIABILITY Since the Plexar-Custom System is provided from the Central Office, reserve power is automatically provided from the generators that back-up our Central Office thus providing the City of Fayetteville with the most reliable system available without the added expense of purchasing a premise-based back-up power source for a premise-based PBX system. 4. LOWER MAINTENANCE COSTS The monthly rate for your Plexar-Custom System includes Southwestern Bell Telephone Company-provided 24-hour monitoring and maintenance on your plexar stations and trunks. The only maintenance costs you will incur will be charged by the equipment vendor for your actual on-premise telephone equipment. 5. NO COSTLY SPACE REQUIREMENTS FOR PLEXAR-CUSTOM SYSTEM For most on-premise PBX systems, the vendor requires floor space for the equipment. In addition, most electronic systems require this space to be environmentally controlled. Since the Plexar-Custom System is housed in the Fayetteville Central Office, the City will not have to provide space for equipment. All that will be required is wall space for us to place our Network Interface at your building on which your plexar station lines will terminate. 6. FACILITATION OF CHANGES AND ADDITIONS Orders for station feature changes or additions may be placed with your local Southwestern Bell Telephone Representative. The standard interval for minor changes or additions is three working days. However, Southwestern Bell provides, at no charge, software to the customer to enable them to initiate feature changes in-house and eliminate the standard service charge of$4.50 per feature change. These customer initiated feature changes are instantaneous and eliminate the 2 to 3 day wait. 7. NO ADDITIONAL DIRECT INWARD DIALING CHARGES ARE INCURRED Trunk line charges for direct inward dialing normally run $49.50 per line per month. With the Plexar-Custom System, all 427 stations are equivalent to a trunk line by offering direct inward dialing capabilities on each individual station, and are all included in the contract price averaging $6.92 per station per month. 8. THE PLEXAR-CUSTOM SYSTEM HAS VIRTUALLY UNLIMITED GROWTH No longer do you have to worry about the number of station or trunk ports available for growth, the cabinet size, the size of the processor, the number of slots available for trunk cards, the cost of equipment upgrades, or the size of your equipment facility. 9. NO AIR CONDITIONING, HEATING, OR ELECTRICAL COSTS Since the Plexar-Custom System is housed at the Central Office, the City does not have to provide a facility that is environmentally controlled. 10. SOUTHWESTERN BELL WILL HELP YOU BETTER MANAGE YOUR COMMUNICATIONS • Southwestern Bell will provide you with a monthly printout of all stations and trunks installed on your system and detailed charges incurred for all stations. 11 . LOCAL TECHNICIANS PROVIDE THE INSTALLATION AND MAINTENANCE TO THE PLEXAR-CUSTOM SYSTEM This will provide faster response times for installation of new lines and maintenance of existing lines. 12. SOUTHWESTERN BELL'S TROUBLE RESPONSE BEGINS AS SOON AS YOU CALL IN THE TROUBLE Since the Plexar-Custom System is part of the Central Office, we have full remote diagnostic and maintenance procedures that will help get you back in business quicker. Our average clear-time for most problems is 2 to 4 hours. Plexar-Custom System Features : Station-to-Station Call (call another station by dialing only 3 digits) • Call Hold (place a call on hold) • Conference Call (3-Way Call) • Call Transfer (transfer call to another phone) Call Pickup (answer another ringing phone in your group) • Call Hunting (incoming calls search a group of stations for first available line) • Call Waiting (allows second call to come in on station already in use) • Caller Identification (displays the number of the incoming caller) • Call Forwarding - Variable (forward all calls to another station) • Call Forwarding - Busy (forward incoming calls when your line is busy) • Call Forwarding - No answer (forward incoming calls after 3 rings) • Automatic Call Back (reinitiates call when station you are calling is no longer busy) • Toll Restriction (restrict certain levels of outward dialing capabilities such as long distance) • Speed Calling 6 (one button speed calling) • Speed Calling 30 (two button speed calling)