HomeMy WebLinkAboutR-1991-D5892 Tele-Communications Services92 RESOLUTION NOP .1.5E
A RESOLUTION authorizing execution of an agreement for tele-
communications services without calling for
bids.
WHEREAS, the City of Yakima desires to receive central
office telecommunications service for its personnel.; and
WHEREAS, Chapter 1.80 of the City of Yakima Municip
Code requires the use of a public bid process for the purchase
of service which exceeds $25,000.00; and
WHEREAS, only one company offers lines to provide a
telecommunications service with the features needed by the
City; that company being US West Communications; and
WHEREAS, the City Council deems it to be in the best
interest of the City that a contract for such service consist
of the terms and conditions in the attached agreement; and
WHEREAS, the City Council find that US West Communica-
tions is the sole source for the needed service, and that no
411 valid legal purpose would be served by advertising for bids
for the aforementioned service, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to
execute an agreement with US West Communications for the
purpose mentioned above, a true copy of which agreement,
entitled "Custom Centron Service Agreement," is attached
hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 19th day of March
1991.
ATTEST:
E-&-6-eA,t) / cfrm
City Clerk
(res/tele.sc)
Ming No. 509-575-6000
Agreement No. CM0097
CUSTOM CENTRON SERVICE AGREEMENT
U S WEST COMMUNICATIONS, INC. ("USWC") hereby agrees to furnish and the CITY
OF YAKIMA ("Customer"), whose primary location is North 129 2nd Street,
Yakima, Washington, hereby agrees to subscribe to CUSTOM CENTRON Service
("Service") in accordance with the following terms and conditions. USWC and
Customer may be referred to together as parties or each as party.
1. Description of Service: Service is a local exchange, customized, bulk
priced central office telecommunications service, which includes use of
Central Office Terminations and Transport Facilities as described in
Paragraphs 2 and 3. Service includes intra -Customer, intra -station
switching (i.e., intercom), related telecommunications Service features
and capabilities specified in Attachment A-1.
2. Central Office Terminations: Central office terminations are provided
with all switching functions performed and common equipment located in
USWC's central office. Central office terminations include intercom
calling, Touch -Tone Service, and additional features as listed in
Attachment A. A minimum of 100 central office terminations must be
connected at the Customer's primary location. Central office
terminations may be added at the rates shown in Attachment A. A central
office termination is required for every transport facility.
3. Transport Facilities: Customer must subscribe to use of at least 100
transport facilities at one Customer location between USWC's Yakima
(exchange) Chestnut central office and the Standard Network Interface at
Customer's primary location. Transport facilities shall be defined as
individual cable pair or multiplexed facilities.
a) Individual transport facilities may be used and installed between
USWC's central office and Customer locations with over 100 cable
pair at the rate shown in Attachment A.
b) Individual transport facilities may be used and installed between
USWC's central office and Customer locations under 100 cable pair
at USWC published rates.
c) Should transport facilities at locations with less than 100 cable
pair reach 100 in number, Customer shall be required to change
the rate for these facilities to a contract rate which shall be
defined in an Addendum to Attachment A.
d) Should transport facilities at locations with 100 or more cable
pair fall below 100 in number, the contract rate shown in
Attachment A shall continue to apply for the balance of the term
of this Agreement. If such reduction causes the total Service
level to fall below the minimum level of Service as defined in
Paragraph 9, then the termination charge in Paragraph 9 shall
apply.
MARCH 14, 1991/C0/0993P PAGE 1
SEA -890322-0513/G
Transport facilities outside the exchange will be provided at the
USWC published rate.
4. Term: Customer understands that this Agreement shall become effective,
December 1, 1990. Service may be provided to one or more locations as is
indicated in Attachment A. This Agreement shall remain in effect on a
month-to-month basis for a minimum period of one (1) month. Customer may
terminate Service only upon thirty (30) days prior written notice to
USWC. These month-to-month rates will continue for a maximum of tweleve
(12) months.
5. Charges and Payments: Monthly recurring charges for the initial Service
and additional features are set forth in Attachment A, and will commence
when Service is installed. At the Customer's option, these rates may
include the non-recurring charges for the initial installation of the
Service billed in monthly installments over the life of the Agreement.
If the non-recurring charges are to be billed as a monthly charge, a
separate rate element for the non-recurring charges will be set forth in
Attachment A.
Said charges will be billed in advance, and payment is due on the date
indicated on the bill which is generally fifteen (15) days after the date
the bill is mailed. Payments in an amount less than the total amount due
may be applied to any undisputed, unpaid charges which USWC, in its sole
discretion, may choose.
Charges for subsequent installations and feature activations will be at
the rates contained in USWC's published rates.
6. Traffic Studies: USWC shall provide Service traffic study reports upon
request, not in excess of four (4) reports in any twelve (12) month
period. These reports will provide information to assist Customers in
ordering exchange access trunks. Additional reports may be requested at
USWC's existing rate for said report.
7. Other Services: Local exchange access and other services (i.e.,
transport service over trunks) are not included as part of this Agreement
and will be subject to USWC's published rates, rules and regulations.
Exchange access service for Service will be funneled through simulated
trunks in the central office. The number of trunks provided will be
agreed upon between USWC and Customer. Charges for exchange access will
be at the existing rate for exchange trunks, and will be in addition to
the rates for Service hereunder.
8. Termination of Service: Customer agrees to maintain a minimum level of
Service hereunder. Any termination of Service during this Agreement
which leaves less than the following amounts in service will result in a
termination charge: (i) 80 percent of the central office terminations
initially ordered on Attachment A, and (ii) 80 percent of the cable pair
transport facilities initially ordered on Attachment A, or (iii) 100
MARCH 14, 1991/C0/0993P PAGE 2
SEA -890322-0513/G
percent of the multiplexed transport facilities ever installed
hereunder. There are two elements to the termination charge:
a. Non-recoverable costs: The non-recoverable cost of USWC's
investments and expenses in the installation of Customer's Service
that would have been recovered through the remaining monthly payments
on the disconnected Services, plus
b. Service Not Reused: A charge for the number of central office
terminations and transport facilities disconnected in excess of the
allowance described above. This charge shall be reduced by the
estimated reuse of this capacity within the term of this Agreement.
This charge shall be calculated as follows:
1) Number of Central Office Monthly Annuity Termination
Terminations (less reuse*) X Recurring X Factor** = Charge
Rate
PLUS
Transport Facilities Monthly Annuity Termination
Disconnected in Excess X Recurring X Factor** = Charge
of Allowance (less reuse*) Rate
* Reuse shall be determined by USWC at time of disconnect by
matching disconnected facilities against the required forecasted
facilities.
**
The annuity factor will be determined by a standard algorithm
based on 1) an effective percentage rate that reflects the then
current USWC composite cost of money; and 2) the number of months
remaining in the term of this Agreement.
9. Liability: With respect to any loss of, interruption to, or quality of
service provided hereunder, whether associated with the installation,
provision, termination, maintenance, repair, or restoration of service,
or any direct damages, USWC's liability, if any, shall be limited to an
amount equal to the out of service credit in Paragraph 11.
IN NO EVENT SHALL USWC BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES TO ANYONE ARISING OUT OF THIS AGREEMENT.
10. Service Interruptions: Interruptions of Service, temporary
disconnections of Service or other Service problems occasionally may
occur. USWC does not warrant that Service provided for in this Agreement
shall be free of interruption, disconnections, errors, or other
out -of -service conditions. THIS AGREEMENT EXCLUDES ALL WARRANTIES OF
WHATEVER KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A
service interruption period begins when the interruption is reported and
ends when the service becomes operative again.
MARCH 14, 1991/C0/0993P PAGE 3
SEA -890322-0513/G
Maintenance and Repairs: Unless otherwise provided, USWC will furnish
maintenance and/or repair services at Customer's request on a
call -by -call basis resulting from the failure of Service provided under
this Agreement. Should USWC, upon inspection, determine that the failure
of the Service is related to a cause beyond USWC's interface for
Customer's Service, such cause and any maintenance or repair provided as
a result thereof shall be considered outside the scope of this Agreement.
11. Out of Service Credit: In the event that Services hereunder are
interrupted for more than twenty-four (24) consecutive hours, an out of
service credit shall be issued for the service which was not rendered.
The credit shall be calculated by: (i) dividing the monthly rate for the
Service affected by 30 days, then (ii) multiplying that daily rate by the
number of days, or fraction thereof, the Service was affected. Customer
shall not receive an out of service credit for interruptions:
a. caused by an act or omission by the Customer;
b. caused by or related to a failure of Customer's terminal equipment or
system;
c. when USWC does not have access to the Customer's premises where the
cause of the interruption is located; or
d. at a time when the Customer has released the Service to USWC for
maintenance and testing purposes.
12. Title: Nothing herein shall be construed to confer upon the Customer any
rights or proprietary interest in the facilities used by USWC to provide
Service.
13. Choice of Laws: This Agreement shall be governed by the laws of the
State of Washington.
14. Assignability: Customer may assign its rights and obligations hereunder
to another affiliated entity or any entity assuming its business or
business location by obtaining prior written consent of USWC, which
consent shall not be unreasonably withheld. Written consent shall be
considered given when a Supersedure Form and a Contract Assignment Form
have been executed by Customer and USWC. However, USWC retains the right
to assign this Agreement to any parent, subsidiary or affiliated company
upon prior written notice.
15. Waiver: The failure of either party in one or more instances to insist
upon strict performance of any term of this Agreement shall not be
construed as a waiver of the right to assert or rely upon such term in
the future.
MARCH 14, 1991/C0/0993P PAGE 4
SEA -890322-0513/G
16. Force Maieure. With the exception of payment of charges due under this
Agreement, a party shall be excused from performance if its performance
is prevented by acts or events beyond the party's reasonable control
including but not limited to: severe weather and storms; or earthquakes;
strikes or other labor unrest; power failures; computer failures; nuclear
or other civil or military emergencies; or acts of legislative, judicial,
executive, or administrative authorities.
17. Default: Any of the following acts or omissions by Customer shall
constitute a Default under this Agreement:
a. Failure to pay a bill for Service hereunder after five (5) days'
written notice that payment is overdue.
b. Disconnection of Service for non-payment of bills for any other
business service provided to Customer by USWC, or a default under
Paragraph 17(a) after the charges for Services hereunder have been
transferred to the bill for other service and are not paid.
c. Providing incorrect or misleading information to USWC which is relied
upon to provide Service hereunder.
d. An assignment or attempted assignment of its rights
violation of Paragraph 14 herein, and the failure
violation within five (5) days' written notice.
e. Use of the Service in a manner which adversely affects
others or the integrity of USWC's system.
f. Disconnection of Service at the Customer's request
expiration of the term of this Agreement.
g. Any material breach of this Agreement.
18. Remedies: Upon any Default herein, USWC shall have the following rights
and remedies in addition to those available at law or in equity:
hereunder in
to cure said
the safety of
prior to the
a. To disconnect Service hereunder and declare all termination charges
immediately due and payable. Disconnection of Service hereunder
shall not affect USWC's right to enforce the terms of this Agreement.
19. Notices: Any notices required to be given hereunder may be sent to the
following addresses:
CITY OF YAKIMA
Purchasing Department
North 129 2nd Street
Yakima, Washington 98901
U S WEST COMMUNICATIONS
1600 7th Avenue, Room 914
Seattle, WA 98191
MARCH 14, 1991/C0/0993P PAGE 5
SEA -890322-0513/G
20. Lawfulness of Agreement: This Agreement and the parties' actions under
this Agreement shall comply with all applicable federal, state, and local
laws, rules, regulations, court orders, and governmental agency orders.
This Agreement shall only be effective when mandatory regulatory filing
requirements are met. If a court or a governmental agency with proper
jurisdiction determines that this Agreement, or a provision of this
Agreement, is unlawful, this Agreement, or that provision of this
Agreement, shall terminate. If a provision of this Agreement is so
terminated but the parties legally, commercially, and practicably can
continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
21. Confidential Information: Confidential Information includes any business
or technical information marked "CONFIDENTIAL INFORMATION" and exchanged
in connection with this Agreement. The parties shall treat such
information as confidential within their respective organizations. The
parties shall not disclose Confidential Information to any person outside
their respective organizations unless disclosure is made in response, or
because of an obligation, to any federal, state, or local governmental
agency or court with appropriate jurisdiction, or to any person properly
seeking discovery before any such agency or court. A party so disclosing
Confidential Information shall take steps to obtain maximum protection
for such information under court or agency rules concerning protective
orders. The parties' obligations under this Section shall continue for
one (1) year following termination or expiration of this Agreement.
22. Merger and Modification: This Agreement, its Attachment(s) and
Addendum(s) constitute the entire agreement between the parties. No
other statements or representations, oral or written, shall be a part of
the Agreement unless it is reduced to writing and signed by a duly
authorized representative of each party.
IN WITNESS HERETO, the parties have signed and entered into this Agreement on
the date indicated below.
CITY OF YAKIMA U S _WEST COMMUNICATIONS, INC.
SIGNATURE SIGNATURE
Richard A. Zais, Jr. J. A. Sonn
PRINTED NAME PRINTED NAME
City Manager Director Sales West
TITLE TITLE
3
3-29-91
DATE DATE
Kms,,., >2 �
CITY CLERK
MARCH 14, 1991/C0/0993P PAGE 6
SEA -890322-0513/G
Initial
Quantity USOC
Transport Facilities
127 # P5R
CUSTOMER NAME
CORECOM SERVICE
Monthly Rates and Charges
Description
AGREEMENT NO.
ATTACHMENT A-1
Amount Each*
North 129 2nd Street $ 5.48
Station Terminations
247 # ND8 Working Central Office Terminations $ 6.94
Tie Line Terminations
Analog
Digital
Station Terminations include the following features:
$70.00
$65.00
Automatic Call Back Calling, Call Forward By/DA/Var, Call Hold,
Call Pickup, Call Waiting Orig. and Term, CMS, Cancel Call Waiting,
Dial, Call Waiting, Directed Call Call Pickup, Distinctive Ringing/
Call Waiting, Multiline Hunt, Speed Call, 3 -Way Calling, TT, Trunk
Answer Any Station.
C,ITY,OF YAKIMA
4;
SIGNATURE
Richard A. Zais, Jr.
PRINTED NAME
City Manager
TITLE
-9/
DATE
CITY CLERK
CO CONTRACT NO: `.'LL. -,22,:a:„5 l %2
1L- .,WEST COMMUNICATIONS, INC.
SIGNATURE
J. A. Snnn
PRINTED NAME
Director Sales West
TITLE
3-29-91
DATE
* Amounts do not include applicable taxes.
# Quantity varies monthly and Customer may increase quantities at these
locations and rates.
MARCH 14, 1991/CO/0993P PAGE 7
SEA -890322-0513/G
MEMORANDUM
DATE: October 30, 1990
TO: Dick Zais, City Manager
FROM: Jean Reid, Purchasing Agen
SUBJECT: Corecom Agreement/Upgrade of City's Telephone System
The Corecom Agreement expired on October 11, 1990 and U.S. West
has provided us with pricing for the following options:
OPTION
DESCRIPTION
MONTHLY INSTALLATION
PAYMENT CHARGES
CORECOM (CURRENT COSTS)
1) ANALOG CENTRON AND CO TRUNKS
(REPLACES CORECOM)
2) T-1 DSS WITH OPX'S
3) CO TRUNKS WITH OPX'S (DID)
$5,270.98
$7,120.34 $ .,673.50
$5,822.20 $10,640.00
$4,728.68 $ 7,602.50
As you know, there have been several discussions as to the intent
of designing the City's telephone system similar to what we had
prior the installation of the Merlin System. This could not be
accomplished while the City was committed to U.S. West under the
Corecom Agreement. However, this can now be accomplished by
implementing a DID (Direct Inward Dialing) for the three System
25's located at City Hall, Police Department and Department of
Public Works and by renting trunks and OPX'S from U.S. West's
Central Office.
What will occur when these changs are in place is that each
user will again get a 6000 series telephone number at only a cost
of $.50/month that will be both their IC number and their U.S.
West line number. For most every user, this means that he will
be able to pick up the telephone and dial a 4 -digit number to
reach any other user in the City.
In order to accomplish this change, we also have some expenses
that will be incurred with AT&T. Attached is a copy of the
proposal received from AT&T outlining the costs to create a near
Centron look -a -like system.
This system will provide the following benefits:
1) Near Centron look -a -like (with DID and improved flow of
traffic with OPX'S) - A savings of $6,800 per year (3 years =
March 5, 1991
Jean Reid
City of Yakima
Purchasing Agent
139 N. 2nd Street
Yakima, WA. 98901
Mrs. Reid,
MAR 6 1991
PURCHASING +SEPT.
11.01VEST
COMMUNICATIONS qD
!have enclosed the month to month pricing agreements that need to be signed
by the City of Yakima in March of 1991 to avoid the converting of the City of
Yakima's billing to standard business rates as of December 1, 1991.
The differences in pricing for month to month centron service as apposed to
standard business rates are demonstrated below:
Standard tariffed service:
1 Flat Business Line
Centron Package
$39.22
$ 5.00
Total per line $44.22 X 251 lines =$11,099.22 per month
Installation $48.00 X 251 lines = $12,048 one time
charge
(This includes no scan access or features)
Month to Month Custom Centron Pricing (contracts enclosed):
Transport facility $ 5.48 (currently $3.70)
Station terminations $ 6.94 (currently $4.78)
Total per line
Installation
$12.42 X 251 lines = $3,117.42 per month
This represents an increase of $3.94 per line per month
$ 0.00
(This duplicates the current system for features and access), The only increase
is in the Transport and Station terminations (increase of $3.94), otherwise the
bill stays the same.
Please call if there are any problems with fulfilling this request, return signed
contracts to me. Thanks you for your prompt action concerning this matter.
ncerely,
ohn Charters
Account Executive
$20,400) to discontinue Corecom or Analog Centron agreements with
U.S. West. An additional cost savings is realized by utilizing
the total system features of the System 25, rather than
purchasing these features from U.S. West.
2) Improved efficiency/improved customer service for system
administration and enhanced Voice Mail.
3) Release III software upgrade, new administration software.
4) Voice messaging for off -premise locations lie, Wastewater,
Fire Station No. 1, etc.).
SOME ADVANTAGES TO VOICE MAIL ARE:
*Voice Mail calls are 56% shorter than 2 -way calls
*40% of call attempts are eliminated
*10% of calls are shifted to off-peak hours
5) Free training and implementation.
6) Technical design time (Carl's time to design and implement
$4,000 cost factor).
7) 4 -digit dialing throughout the City for almost every user.
8) No more monthly payments after equipment is abandoned.
cc: Wayne Wantland, Fire Dept.
file