HomeMy WebLinkAboutOrdinance 5460 ORDINANCE NO. 5460
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND APPROVING
A CONTRACT WITH AT&T ARKANSAS IN THE AMOUNT OF $91,200.00
FOR PLEXAR TELEPHONE LINE SERVICES
WHEREAS, the City has been utilizing Plexar telephone line services from AT&T since
1989; and
WHEREAS, the Plexar system is a central office based switching system which provides
telephone landlines that service all City offices and facilities; and
WHEREAS, the Plexar system is the only system where such service and switching
equipment is based in the central office of the company providing the service, thus eliminating
the need for the City to provide facilities to house this type of switching equipment; and
WHEREAS, the City is undergoing an Information Technology Assessment by Plante &
Moran to determine future plans for telecommunications services for the City, so a one year
contract continuation is sufficient;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines
the facts above constitute an exceptional situation in which competitive bidding is not deemed
practical or feasible and therefore waives formal competitive bidding and approves an agreement
with AT&T Arkansas in the amount of$91,200.00 for Plexar telephone line services.
WTR
PASSED and APPROVED this 15thday of November, 2011. sU a
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APPROVED: ATTEST: , a
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By: — By:
IO ELD JO", Mayor SONDRA E. SMITH, City Cl Trea r
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/1512011
City Council Meeting Date
Agenda Items Only
Sharon Waters Parking&Telecommunications Transportation Services
Submitted By Division Department
Action Required:
An Ordinance to waive competitive bidding and award a contract for Plexar line services to AT&T in the amount of
$91,200.00.
$ 91,200.00 $ 114,000.00 Telephone Expense
Cost of this request Category/Project Budget Program Category/Project Name
1010-1380-5310-01 $ Telephone Line Services
Account Number Funds Used to Date Program/Project Category Name
$ 114,000.00 General
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
/p �$ Previous Ordinance or Resolution#
Departme Director Date
Original Contract Date:
Original Contract Number.
CQfftdmey nn II Date
' OA 0. _ i � le_31-2®tt
Finance and Internal Services Director Date Received in City
Clerk's Office 10-23- i 1 P12:02 R C V D
Jo- /-
Chief of S Date
Received in EU
Mayor's Office
• Gam-- � J �l
M or at
Comments:
Revised January 15,2009
a e evi le THE CITY OF FAYETTEVILLE,ARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Terry Gulley,Transportation Services Director
From: Sharon Waters,Parking&Telecommunications Manager
Date: October 28,2011
Subject: AT&T Contract for Plexar Line Services
PROPOSAL:
The City of Fayetteville has been utilizing Plexar services with AT&T since 1989. The Plexar system is a
Central Office based switching system that provides telephone landlines that service all City of Fayetteville
offices and facilities. The Plexar system is the only system where such service and switching equipment is
based in the central office of the company providing the service (AT&T),thus making it a sole source product.
RECOMMENDATION:
Staff recommends approving a one-year contract continuation with AT&T for Plexar service, and waive
competitive bidding due to sole source provisions. Only a one year contract is recommended while our I.T.
Assessment Group (Plante & Moran) evaluate our complete telecommunications infrastructure to determine our
future plans for telecommunications services.
BUDGETIMPACT:
Various funding sources and budget programs cover this expenditure, allocated proportionately to their usage of
the service. The total budget impact city wide is$91,200.00.
ORDINANCE NO.
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND APPROVING
A CONTRACT WITH AT&T ARKANSAS IN THE AMOUNT OF $91,200.00
FOR PLEXAR TELEPHONE LINE SERVICES
WHEREAS, the City has been utilizing Plexar telephone line services from AT&T since
1989; and
WHEREAS, the Plexar system is a central office based switching system which provides
telephone landlines that service all City offices and facilities; and
WHEREAS, the Plexar system is the only system where such service and switching
equipment is based in the central office of the company providing the service, thus eliminating
the need for the City to provide facilities to house this type of switching equipment; and
WHEREAS, the City is undergoing an Information Technology Assessment by Plante &
Moran to determine future plans for telecommunications services for the City, so a one year
contract continuation is sufficient;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines
the facts above constitute an exceptional situation in which competitive bidding is not deemed
practical or feasible and therefore waives formal competitive bidding and approves an agreement
with AT&T Arkansas in the amount of$91,200.00 for Plexar telephone line services.
PASSED and APPROVED this 1561 day of November, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
SOLE SOURCE JUSTIFICATION
PURPOSE:
This form, with one or more categories completed, must accompany purchase requisitions for the
sole source procurement of equipment, services or supplies exceeding $1000 (purchased from State
Contract venders excepted). The purpose of sole source justification is to show that competitive
bidding is impractical because only one product or service provider can meet a specific need.
Therefore, an equitable evaluation of comparable products or services must be made and
documented by the requester who shows that rejection of other products or services is based solely
on their failure to meet that need. In cases where no other comparable source can be identified, a
technical description of the product requested and a listing of those companies which were
considered as alternative sources must be provided. Quality can be a subjective evaluation based
upon opinion. Municipal (public) procurement law requires price considerations be evaluated via
competitive quoting or bidding.
While all sole source justifications are subject to review, sole source justified purchases of
$20,00.00 or more must be publicly bid or a bid waiver approved by Council_ Justifications must
contain clear, in-depth, and accurate information in order to avoid protests and the possibility of
delaying the procurement.
INSTRUCTIONS:
1. Please type or print legible in ink.
2. Complete all categories and sections that apply.
3. Provide full explanation,complete descriptions,and/or list all relevant reasons where space
has been provided. Sole Source Justification forms lacking sufficient detail cannot be
approved.
4. Sign and date the form in the space provided for"signature".
5. Improperly completed, and/or unsigned forms will be returned to the sender.
TO: Purchasing Division Date: October 28.2011
FROM: Sharon Waters Dept:Parking&Telecommunications
Names of Requisitioner and Dept Head
SUBJECT: Sole Source Justification
Purchase Requisition (attached)
Proposed Vendor AT&T
Product Description Plexar System for landline telecommunications services.
STATEMENT
I am aware that Fayetteville Code of ordinances, Title III Administration, Chapter 34,Article II
mandates that the procurement of services,materials,equipment and supplies be via competitive
quotes whenever the amount is over$1,000.00.However,I am requesting sole source procurement
based on the following criteria. (Attach additional sheets as necessary):
1. The requested product is an integral repair part or accessory compatible with existing
equipment. (please state the manufacturer and model number of existing equipment):
2. The requested product has special design/performance features which are essential to my
needs.
Both A and B portions of this category must be completed.
A. These features are:
The Plexar System is a Central Office based switching system that provides
telephone landlines that service all City of Fayetteville offices and facilities. This
is the only system where such service and switching equupment is based in the
central office of the company providing the serviceand thus eliminating the need
to provide facilities of our own to house this type of switching eawpment.
B. In addition to the product requested,i have contacted other suppliers and
considered their product of similar capabilities. I find their product unacceptable
for the following reasons(identify companies contacted, individuals contacted,
model number and specific technical deficiency).
The City of Fayetteville has hired an I T Assessment Group Plante &Moran to
do an extensive study of our telecommunications systems and evaluate our
infrastructure to determine our future plans for telecommunications services.
Staff recommends only approving a one-year contract continuation with AT&T
for Plexar service in order to give Plante&Moran ample time to complete their
study.
3. I have standardized the requested product/service;the use of another
would require considerable time and money to evaluate.
Explain:
u
4. The requested product is one which I(or my staff)have specialized training and/or
extensive experience. Retraining would incur substantial cost in money and/or time.
Explain:
5. Please consider sole source approval for this reason(s)(e.g.trade-in allowance;
availability of services,parts and maintenance;product is a prototype;inventory of parts
are maintained,etc.):
Authorization:
Full Name and Title of Requisitioner Sharon Waters Parking and Telecom Manager
(typed or printed in ink)
Signature (/!/�� � Date p 2410
Full Name of Division Head Sharon Waters
l(typed or printed in ink)
Date
Signature -�.?iYI
AT&T ILEC Plexar@ ("Service")
aw Custom Service SW-43258 r r+ r
Pricing Schedule/Service Agreement
❑ Pricing Schedule to AT&T Agreement Reference No.
®Service Agreement
If neither box above is checked then this document is a standalone Service Agreement.
`This document may be used as a Pricing Schedule only if attached to an Agreement referred to internally at AT&T as a UA MSA,UA MA or
UA SSTC.
Customer "Customer" AT&T "AT&T" + . .
City of Fayetteville For purposes of this Pricing Schedule/Service Agreement,
140 W Rock St AT&T means the Service Provider specifically identified herein.
Fayetteville AR 72701 USA
Customer Contact(for notices) AT&T Sales Contact Information and
for Contract Notices ❑ Primary Sales Contact'
Name: First Last Account Rep Name: Mick Maggi
Title: Title:Account Manager
Telephone: Fax: Telephone: 479571-6660 Fax: Email:
E-mail: rx090a@att.com
Address for notices, if different from above: Street Address: 114 N East Ave
Street Address City: Fayetteville State:AR Zip Code:72701
city With a copy to:
State Zip Code AT&T Corp.
USA One AT&T Way, Bedminster, NJ 07921-0752
Attn: Master Agreement Support Team
E-mail: mast@att.com
AT&T Authorized:A ent or Representative Information 'd a "licable) Prima Sales Contact
Name: Company Name:
Agent Street Address: City: State: Zip Code:
Telephone: Fax: Email: Agent Code
Customer agrees to purchase Service in the quantities and according to the prices and terms and conditions set forth in this
Pricing Schedule/Service Agreement and the applicable Tariff(s) and Guidebook(s). If this document serves as a Service
Agreement (as indicated above), the Service Agreement is subject to: (a) the terms of the applicable Tariff, if the Service is
offered pursuant to Tariff; or(b)the AT&T Business Service Agreement(BSA), if the Service is not offered pursuant to Tariff.
Tariffs, Guidebook(s) and the BSA can be found at www.att.com/servicepublications. Service is provided by the AT&T
Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider. To the extent this Pricing
Schedule/Service Agreement relates to Services provided in Texas, Customer acknowledges the possibility of purchasing the
Services provided hereunder from other providers. Throughout the remainder of this document, this document shall be
referred to as the"Pricing Schedule".
Customer(by ip authorize resentative) AT&T(by its authorized represent tive)
B : B : —
Printed r Typed Printed or Typ
Name: GiWd J Q n Name: ((/
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Date: OT / Date: [ ' Lam . (Jo[—ON 0.0
AT&T And Customer Confidential Information
Plexar_Custom_SW4325b_SA_UA_PS Page 1 of 4 02/12/09 rx2652
} AT&T ILEC Plexal® ("Service")
a 4�t� Custom Service SW-4325B
Pricing Schedule/Service Agreement
This Pricing Schedule outlines Individual Case Basis Terms & Conditions for Plexar@ - Custom Service. This Pricing
Schedule is effective on the date of last signature ("Effective Date"), unless the rules of a regulatory authority having
jurisdiction respecting the Service would require a later date, or an applicable tariff or guidebook('Tariff")filing would require
a later date,then the Effective Date of this Pricing Schedule shall be in accordance with such rules. AT&T and Customer are
sometimes referred to in this Pricing Schedule collectively as the"Parties"or individually as a"Party."
The term "Pricing Schedule" refers to this Pricing Schedule, associated Attachment(SW-4325C), or other attachments, and
any applicable Tariff. All material changes to this Pricing Schedule, including any new or revised Attachment and/or other
attachments,must be signed by Customer and AT&T.
1. SERVICE PROVIDER AND TARIFF OR GUIDEBOOK: (Check only one.)
®Southwestern Bell Telephone Company d/b/a AT&T Arkansas—General Exchange Tariff,Section 22
❑Southwestern Bell Telephone Company d/b/a AT&T Missouri—General Exchange Tariff,Section 45
❑Southwestern Bell Telephone Company d/b/a AT&T Kansas—General Exchange Tariff,Section 45
❑Southwestern Bell Telephone Company d/b/a AT&T Oklahoma—General Exchange Tariff,Tab 25
❑Southwestern Bell Telephone Company d/b/a AT&T Texas—General Exchange Tariff,Section 5
2. SCOPE OF SERVICE
Plexar-Custom Service("Service")is a central-office based business communications system,which serves customers
with a minimum of 75 stations within a single serving office.
The Service is provided by AT&T utilizing existing AT&T 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 AT&T's premises.
To the extent this Pricing Schedule relates to Services provided in Texas, Customer acknowledges the
possibility of purchasing the Services provided hereunder from other providers.
3. TERM AND EFFECTIVE DATES
A. Term and Term Start Date: The Term is specified in the Attachment; the Term begins(Term Start Date")when
the Service is first provisioned or otherwise available for Customer's use at any single Site at the rates provided in
an Attachment. If regulatory approval is required to initiate the Service,then in no event shall the Term Start Date
occur before the date of final approval by the regulatory agency with jurisdiction over the Service. No rates or
discounts shall be applied before the Term Start Date. Upon the expiration of the Term, any rates or discounts
provided under this Pricing Schedule will no longer apply.
B. Effective Date of Rates and Discounts: Term Start Date
C. Term of this Pricing Schedule: This Pricing Schedule shall be effective from the Effective Date and shall remain
in effect until Service provided under any associated Attachment expires or is otherwise terminated.
4. GENERAL PROVISIONS
A. Service will be provided to Customer for a Term as specified on AT&T Plexar-Custom Service Arrangement
Attachment, Services Covered, SW-4325C attached and made a part of this Pricing Schedule. The Service is
intended for the administrative use by Customer only and should not be used by or resold to any other entity.
B. This Pricing Schedule shall be subject to all applicable Federal, State, and Local laws, ordinances, and
regulations. If Federal or State law prohibits Customer from executing any agreement that extends beyond
Customer's fiscal year, then the term of the Pricing Schedule shall be deemed to be through Customer's fiscal
year, and automatically renewable at the beginning of each fiscal year throughout the Term. If,after the first fiscal
year of Service under this Pricing Schedule, funds are not appropriated to continue paying for a particular Service
in a subsequent fiscal year, then Customer may terminate that particular Service effective the last day for which
funds were duly appropriated ("Date of Termination"), without being subject to termination charges; provided,
however,that(i)Customer shall be obligated to pay all charges incurred through the Date of Termination, plus any
AT&T And Customer Confidential Information
Plexar_Custom_SW4325b_SA_UA_PS Page 2 of 4 02/12/09 rx2652
AT&T ILEC Plexar® ("Service")
R ' aw Custom Service SW-43268
Pricing Schedule/Service Agreement
unpaid, non-recurring charges that may be owed AT&T on the Date of Termination; (ii)Customer shall use its best
efforts to obtain funding for that particular Service; (iii)Customer agrees not to obtain substantially similar service
and/or equipment to replace those provided under this Pricing Schedule for a period equal to the remainder of the
Term as of the Date of Termination;and(iv)Customer may exercise such right to terminate upon delivery to AT&T
of a 30-day written notice setting forth the reason for termination and,within 30 days following the delivery of such
written notice, Customer shall provide AT&T a legal opinion of Customer's counsel certifying that no funds have
been appropriated or otherwise made available for payments due under the Pricing Schedule and that funds have
not been made available for the acquisition of substantially similarly service and/or equipment to replace those
provided under this Pricing Schedule. In Oklahoma, this Pricing Schedule is subject to the provisions of the
Oklahoma Constitution pertaining to public indebtedness, and Title 15 O.S. §§213, 214, and 215; and, the rates
and charges,terms, and conditions of this Pricing Schedule, including form SW-4325C, are subject to the review
and/or approval by the regulatory authorities of the state of Oklahoma.
C. Items specified in the attached SW-4325C will be provided at the rates and charges shown.
5. CUSTOMER SERVICE LOCATION(S)&PLEXAR STATION QUANTITIES
A. Service shall be provided to Customer at the locations specified and at the quantities for Plexar station types
(Digital, Basic,Off-Premises and/or Non-Working Plexar Stations)shown on SW-4325C attached.
B. Installation of Off-Premises stations will be subject to charges set out in the SW-4325C, charges in applicable
sections of AT&T's tariffs,and all other terms and conditions of this Pricing Schedule.
6. FIXED PAYMENT PLAN PROVISIONS
A. The Fixed Payment Plan provides that Customer shall pay a monthly rate for Service over the Term, beginning on
Term Start Date.
B. Installation and Non-recurring Charges shown for this Service may be deferred over the Term. For Service
Components added after Term Start Date("Additions"),Customer may elect to defer installation and Non-recurring
Charges over the remaining Term 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. Service rates are not subject to increases initiated by AT&T during the Term.
D. Services not specified in the attached SW-4325C, including tariffed exchange access services and/or trunk
services and miscellaneous service offerings,are subject to AT&T-initiated rate changes.
E. The rates and quantities specified in the attached SW-4325C are applicable to Additions made during the period
of the Term. Charges for monthly Additions begin at installation of the Addition and end at the end of the Term.
7. PROVISIONS FOR DISCONNECTION'S OR MOVES
A. Disconnection of Plexar Stations
If Customer disconnects Plexar stations before the expiration of this Pricing Schedule, the Customer shall pay a
termination fee. Termination fee is applicable only on those Plexar stations disconnected that result in a reduction in
the number of remaining in-service Plexar stations below 65%of the Existing Quantity(plus all other Term Start Date
station quantities resulting from subsequent system additions during the Term). The termination fee is the present
worth of the sum of the station rates for the unexpired portion of the Term 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. AT&T will use the discount rate shown on the attached SW-4325C to determine the present worth of these
charges.
B. Complete Disconnection of Service
If Customer disconnects Service in its entirety, the Customer shall pay a termination fee. The termination fee is the
present worth of the sum of the station rates for the unexpired portion of the Term for the number of stations
determined in paragraph 6.A above or 65% of the Existing Quantity (plus all other Term Start Date station quantities
resulting from subsequent system additions during the duration of the Term), whichever is greater. In addition, the
present worth of any installation and Non-recurring Charges that have been deferred must be paid in full. AT&T will
AT&T And Customer Confidential Information
Plexar_Cus1om_SW4325b_SA_UA_PS Page 3 of 4 02/12/09 rx2652
AT&T ILEC Plexar® ("Service")
aw Custom Service SW-43258
Pricing Schedule/Service Agreement
use the discount rate shown on the attached SW-4325C to determine the present worth of these charges. Previously
disconnected Plexar stations, for which termination liability has already been incurred by Customer, shall not be
included in calculating station termination liability for a complete disconnection of service.
C. Moves of Service to Different Customer Locations
Where facilities permit, Customer may move the Service and other AT&T services from one Customer location to
another, subject to the appropriate installation, Non-recurring, and recurring charges associated with the move; and
subject to regulatory approval,where applicable. Monthly rates for Plexar stations at the new location will be based on
the then-existing rate and will be set out in an Attachment to this Pricing Schedule. Fixed monthly rates for features
affected by the move will also be established by an Attachment to this Pricing Schedule at the time of the request. A
termination fee may apply if the 65%condition of paragraph 6.A above is met. These charges shall become due and
immediately payable upon termination.
8. MISCELLANEOUS PROVISIONS
Any subsequent Attachment shall be 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 AT&T's Tariff.
The assignment of telephone numbers for this Service shall be in accordance with the Rules and Regulations Applying
to All Customers'Contracts section of AT&T's Tariff.
At the specified locations, Customer shall furnish to AT&T sufficient floor space and the necessary wiring, outlets, and
commercial power for the operation of the Service;the Customer will be responsible for the safe condition of such floor
space,wiring,outlets,and power.
Service Connection Charges that apply to the Service are listed in the attached SW-4325C. Service Connection
Charges included may be in the form of Plexar-Custom Establishment Charges, subsequent Station and/or System
Change Charges. Subsequent Station and/or System Change Charges may apply should Customer change a feature
on a station after the initial installation of such feature. The Service Connection Charges listed in SW-4325C do not
include Simulated Access Line Charges,which may also apply.
Should Customer elect to add the Optional Features listed in the attached SW-4325C, the monthly rates in the SW-
4325C will apply.
Monthly End User Common Line Charges will be billed to Customer for each Plexar-Custom station as prescribed by
the Federal Communications Commission and set forth in AT&T's Access Tariff.
9. ENTIREAGREEMENT
This is a Pricing Schedule for Plexar Service, as that Service is offered in the applicable, filed State Tariff(s) or
Guidebook. This supersedes all prior representations, warranties, or agreements, whether oral or written, express or
implied. This Pricing Schedule, including AT&T form SW-4325C and any other Attachments, and the Tariff constitute
the entire agreement of the Parties for the provision and use of the Service and can be amended only by a writing
signed by both of the Parties.
For internal use only
Billing Telephone Number for Existing service, if applicable: 479521-7700
Program Code:
End of Document
AT&T And Customer Confidential Information
Plexar_Custom_SW4325b_SA_UA_PS Page 4 of 4 02/12/09 r#652
AT&T ILEC PLEXAR-CUSTOM SERVICE ARRANGEMENT ATTACHMENT
aw Services Covered SW-4325C
Page: 1 of 4
Date: _
Issued:
Customer: City of Fayetteville Telephone Service Order Number:
Number: 479-521-7700
Type of Service: Plexar®Custom Term: 12 months Contract ICB PS#: 261460
Unit Monthly Unit Total Monthly . Total
Existing New/Add'I USOC Code Description Recurring Non-recurring Recurring Non-Recurring
Quantity Quantity Rates Charges Rates Charges
450 SHWCF Basic Plexar Station,per station/DMS $7.80 $46.00 3510.00 $0.00
Growth SWZCV Business set misc-Business set CF $0.10 3.00 $0.00 $0.00
Growth SHWCB Selective Call Forwardinc per station $0.50 $2.00 $0.00 $0.00
Growth SWZL4 Caller ID Name&Number per station $1.60 $14.00 $0.00 $0.00
Growth SW8LC Loop conditionina per Voice station $6.50 $0.00 $0.00 $0.00
Notes: Service Connection Charges and subsequent Station/System Change Charges,if applicable,are listed on page 2 of this Attachment.
Optional Features,if applicable,are listed on page 4(and on additional pages if needed)of this Plexar-Custom Service Arrangement Attachment.
Initial installation discount rate:0.00%
- To be used in determining the present worth of Termination
Liability pursuant to Paragraph 7 of the Agreement.
- To be used in determining the Annuity Factor for Deferral of initial installation
and/or non-recurring charges pursuant to Paragraph 6 of the Agreement.
Customer elects to defer the following amount
of installation and Non-Recurring Charges over This Attachment may be reissued,as equired,to eat service
the Plexar-Custom Contract Period$0.00 changes ordered by the Customer. 1Y
/
Date m " 1 [� �
Customer AuthorizedAT&T 70 C.
Date
AT&T and Customer Confidential Information
Attachmentto_Plexar_Custom_SW-4325C 10/19/08 n2652