HomeMy WebLinkAboutR-2023-116 Resolution authorizing an agreement with AT&T Corp for FirstNet cellphone services RESOLUTION NO. R-2023-116
A RESOLUTION authorizing an agreement with AT&T Corp (AT&T) for FirstNet cellphone
services.
WHEREAS, the City of Yakima is a member of National Purchasing Partners (NPP)
under member number M-5709573; and
WHEREAS, AT&T participated in the competitive bid process in response to NPP RFP
#2005 by submitting a proposal, on which NPP awarded AT&T contract#PS20255; and,
WHEREAS, the City of Yakima desires to purchase off the NPP contract to procure
wireless mobility data and communications solutions, applications, related equipment and
accessories from AT&T. AT&T agrees to deliver pursuant to the NPP contract under the terms
and conditions found in the agreement; and
WHEREAS, the Scope of Services and Budget meet the needs and requirements of the
City of Yakima for these services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with AT&T, attached
hereto and incorporated herein by this reference. The approximate value of this contract is
$300,000 annually.
ADOPTED BY THE CITY COUNCIL this 5th day of September, 2023.
Janice Deccio, Mayor
ATTEST:
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Rosalinda Ibarra, City Clerk ',,11��sH•`N s
AT&T
Location ID:93170260085
NPPGOV PARTICIPATION AGREEMENT COVER PAGE
SELLER: AT&T Corp.
CONTRACT NUMBER: PS20255
NPPGov Member ID Number: M-5709573
City of Yakima 509-576-6678
Participating Agency Legal Name(Participating Agency") D/B/A Main Telephone Number
129 N 2nd Street Yakima,WA 98901
Street Address City State ZIP Code
Brian Jones biones(@yakimawa.gov 509-576-6678
Primary Contact Name and Email Address Primary Contact Telephone Number
Agreement:This Participation Agreement between Participating Agency,on behalf of itself,and AT&T Corp("AT&T"or"Seller"),
on behalf of itself and its service providing Affiliates,consists of (a) this Participation Agreement Cover Page, (b) the attached
Participation Agreement Standard Terms, (c)applicable Pricing Schedule(s)attached as sub-Exhibits to Exhibit A to the Master
Price Agreement(Section 4-Table 4), (d)applicable terms and conditions posted or incorporated by reference on the AT&T
NPPGov Program Website and the relevant Sales Information and (e) all AT&T materials incorporated by reference in the
foregoing, including applicable Attachments found at the Service Publication identified in the selected Pricing Schedules and the
Sales Information including, without limitation those documents referenced in §§3(ii) and (iii) (collectively, the"Partidpation
Agreement").
In the event of a conflict or inconsistency between theterms of the Participation Agreement and the terms contained in the Pricing
Schedule,the terms of the Pricing Schedule in Section 4-Table 4 shall prevail.
By signing below,the parties agree to be bound by the terms and conditions of the Participation Agreement,
effective as of the last date written below(the "Participation Agreement Effective Date").
Participa ppg A ency AT&T Corp
(by its tlfo' representa ive) (by its authorized representative)
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Date: lei �?Z? 3 Date:
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CITY CLERK �► gSHING '
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NPPGOVPARTICIPATION AGREEMENT
1. Address for Notices. All notices,requests,demands and other communications to Participating
Agency required or permitted underthis Participation Agreement shall be provided to the address set forth
below:
Name City of Yakima
Address 129 N 2nd St Yakima WA 98901
Telephone Number 509-576-6678
Fax Number
Attention Brian Jones
Federal Tax ID 91-60001293
2. Recitals.
2.1 AT&T and League of Oregon Cities("LOC")entered into that certain Master Price Agreement dated
November 18, 2015, as amended (the"Master Price Agreement")(at times,the Master Price Agreement and the Participation
Agreement are referred to collectively as the "Agreement").
2.2 Participating Agency is a governmental agency and a"Participating Agency"asdefined under theAgreement
that wants to obtain Service from AT&T in connection with the Master Price Agreement.
3. Agreement. In consideration of the recitals set forth in§2 above, which are hereby re-stated and agreed to by the parties,
and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, AT&T and Participating
Agency hereby agree to the terms and conditions of(i)the Master Price Agreement; (ii) the Pricing Schedule(s)attached as sub-
Exhibits to Exhibit A to the Master Price Agreement that Participating Agency has selected in§4—Pricing Schedules immediately below,
which such selected Pricing Schedules are incorporated herein by this reference, (iii)applicable terms and conditions posted or
incorporated by reference on the AT&T NPPGov Program Website and the relevant Sales Information for such selected Services
that Participating Agency has selected, which such terms and conditions are incorporated herein by this reference, and (iv) the
AT&T/Participating Agency Product and Service Agreement Terms attached as Exhibit C to the Master Price Agreement and
incorporated herein by this reference(Exhibit C,at times, referred to herein as the"Product and Service Agreement Terms").Access
to the Master Price Agreement including Exhibit A and Exhibit C is available at www.NPPGOV.com. Unless otherwise defined,
capitalized terms in this Participation Agreement have the meanings ascribed to them in the Agreement or an attachment thereto, as
applicable.
4. Pricing Schedules.
TABLE 4
PRICING SCHEDULES
Please Check Selected Pricing Schedule Pricing Schedule Participating Agency
X Sub-Exhibit A-1: Mobility Services
5. Adoption of Agreement. Participating Agency acknowledges and agrees that it is participating pursuant to the
Agreement and that LOC and AT&T may modify the Agreement at any time.Participating Agency acknowledges and
agrees that it has no right whatsoever to modify the Agreement including,without limitation,the Pricing Schedule(s)thereto.
6. Service.AT&T agrees to provide Service to Participating Agency pursuant to the terms and conditions of the
Agreement. By signing this Participation Agreement,Participating Agency acknowledges and agrees that it is liable for all
charges incurred hereunder by Participating Agency.
7. Purchased Equipment Payment Options.AT&T offers installment payment options for certain Purchased
Equipment that require its Participating Agencies to execute a corresponding installment payment agreement. In the event
Participating Agency opts to use one of these installment payment options, then: (a) Participating Agency will be required to
execute such an installment.
FN Tumkey Offer AT&T and Participating Agency nppgov_participation_agreement_cover_page
City of Yakima jw8001 080723 SR- Confidential
388608 Information
NPPGOVPARTICIPATION AGREEMENT
payment agreement, and (b) Participating Agency represents, warrants, and covenants that(i)its participation in the installment
payment option does not and will not violate any applicable procurement rules in effectasofthe effective date(s)of the purchase(s)
of Purchased Equipment in connection with any installment payment option;(ii)its participation in the installment payment option
does not and will not disqualify AT&T from, or otherwise impair AT&T's participation in, any future procurements with the
Participating Agency;and(iii)Participating Agency has fully appropriated funds to pay the total amount charged over the complete
term of the installment payment agreement.
8. Representations and Warranties. Partidpating Agency hereby represents and warrants that(i) it is a member in good
standing of NPPGov and will provide AT&T with verification of such membership upon reasonable request, and/or (ii) it is a
govemmental agency and will provide AT&T with verification of such status upon reasonable request. Participating Agency also
hereby represents and warrants that it is not a non-profit entity as that term is defined by United States Tax Code; provided,however,
that Volunteer Fire Departments organized and established pursuant to all applicable state and local laws and regulations and with all
applicable orders issued by courts or other govemmental bodies of competent jurisdiction are eligible to receive Products and Services
under this Participation Agreement and shall be treated as Participating Agencies for all purposes herein.
9. Term.The term of this Participation Agreement will run concurrently with the term of the Pricing Schedules identified in
Section 4 above. In the event the Master Price Agreement is terminated prior to the expiration of the Pricing Schedules,the term of
each Pricing Schedule shall continue through theterm identified in that Pricing Schedule.Any Services identified on theAT&TNPPGov
Program Website which, by their terms, are to exist for a spedfic period of time, will survive any termination or expiration of this
Partidpation Agreement.
10. Reserved.
11. Default and Termination of Participation Agreement.
11.1 Participating Agency Default;Termination by AT&T. Participating Agency agrees that it will be an event
of default hereunder if: Participating Agency is no longer a Participating Agency under the Agreement or otherwise fails to
perform or comply with any term or condition of the Agreement.
12. Liability.See Product and Service Agreement Terms.
13. Infringement. See Product and Service Agreement Terms.
14. Financial Responsibility. Participating Agency must pay for all charges incurred under the Participation Agreement.
15. Invoicing Options. See the Pricing Schedule and the Product and Service Agreement Terms.
16. Termination/Cancellation Fee. See the Pricing Schedule and the Product and Service Agreement Terms.
17. Good Faith Cooperation.With respect to all marketing responsibilities set forth herein, Participating Agency and
AT&T agree to cooperate in good faith to assist AT&T in achieving its Service marketing goals, including but not limited to
making Participating Agency's employees aware of the available discounts offered under this Participation Agreement.
18. Resale and Other Prohibited Uses.Patidpating Agency is not permitted to resell, reproduce, retransmit,or disseminate
Service or any other program components to third parties whether directly or indirectly including, without limitation,through
machine to machine transmissions.
19. Consent to Disclosure.Participating Agency consents to the disclosure by AT&T to LOC of information regarding
Participating Agency's involvement and Services under this Participation Agreement,the amount of revenue received by AT&T as
a result of Participating Agency's participation under the Agreement,and such similar information arising in connection with the
Agreement.
NPPGOVPARTICIPATION AGREEMENT
20. FirstNet Standard Plans;FirstNet Special Plans;Custom Equipment;and Recurring Credits.
AT&T will provide Participating Agency the custom offers described in this§20(collectively,the"Custom Offers"). All Custom Offers are
available for the term of the Participation Agreement. Notwithstanding any order of precedence provisions in the Agreement to the contrary,
to the extent of any conflict between the terms and conditions of this§20 and the FirstNet Service Guide,any other applicable Service
Guides, and applicable Sales Information,this§20 will control.
20.1 FirstNet Standard Plans. AT&T will provide Participating Agency the ability to purchase FirstNet Plans as described in the AT&T
FirstNet Solution Service Guide(the"Standard FirstNet Plans"). Participating Agency may purchase The Standard FirstNet Plans for its
authorized employees, contractors and agents who perform the job duties related to Participating Agency's approved FirstNet use cases
(Participating Agency's"Agency Paid Users").
20.2 FirstNet Special Plans. AT&T will provide Participating Agency the ability to purchase the FirstNet Special Plans described
herein (the"FirstNet Special Plans"). FirstNet Special Plans are available for the term of the Participation Agreement. Except as modified
below,the FirstNet Special Plans are subject to the FirstNet Standard Plan's terms and conditions. The FirstNet Standard Plans and the
FirstNet Special Plans are NOT eligible for the Service Discount,any other discount provided under the Agreement,nor any other discounts
or promotions otherwise available to Agency Paid Users, except as set forth in this§20.2.
TABLE 20.2
FirstNet Special Plans
FirstNet Special Plans Eligibility Requirements
FirstNet Mobile Special Select Unlimited— Activate a new Agency Paid User line of service on,or migrate an existing Agency
Standard Plan for smartphones Paid User line of service to,the corresponding FirstNet Special Plan during the
("Special Plan 1") Offer Period
FirstNet Mobile Special Select Unlimited— Activate a new Agency Paid User line of service on, or migrate an existing Agency
Enhanced Plan for smartphones Paid User line of service to,the corresponding FirstNet Special Plan during the
("Special Plan 2") Offer Period
FirstNet Mobile Special Core Unlimited— Activate a new Agency Paid User line of service on,or migrate an existing Agency
Standard Plan for feature phones and tablets Paid User line of service to,the corresponding FirstNet Special Plan during the
("Special Plan 3") Offer Period
Applicable Sales Information incorporated by reference into the Agreement. Sales Information found at
www.firstnet.com/firstnetextprimaryselect and www.firstnet.com/firstnetextprimary core.
NPPGOV PARTICIPATION AGREEMENT
20.3 Custom Equipment Pricing. To be eligible for Custom Equipment Pricing,Participating Agency must,during the term of the
Participation Agreement: (a)Purchase the Qualified Device from AT&T with a 2-year service commitment for a new or upgrade-eligible
existing Agency Paid User line of Service on the corresponding FirstNet Special Plan; and(b) activate such new Agency Paid User line of
Service on,or migrate such existing Agency Paid User line of service to,the FirstNet Special Plan. Custom Equipment Pricing is available for
the term of the PA.
TABLE 20.3
CUSTOM EQUIPMENT PRICING
Qualified Device* FirstNet Special Plan Custom Equipment Price"*
Any smartphone found at www.firstnet.com/devices with an Special Plan 1
undiscounted retail price of$449.00 or less found at $0.99
att.com/equipmentlist
Any smartphone found at www.firstnet.com/devices Special Plan 1 An amount equal to the
with an undiscounted retail price of$450.00 or more found at undiscounted retail price less
att.com/equpmentlist $449.00
Any smartphone found at www.firstnet.com/devices Special Plan 2
with an undiscounted retail price of$699.99 or less found at $0.99
att.com/equipmentlist
Any smartphone found at www.firstnet.com/devices Special Plan 2 An amount equal to the
with an undiscounted retail price of$700.00 or more found at undiscounted retail price less
att.com/equipmentlist $699.00
Samsung Tab A Lite Special Plan 3 $0.99
*Subject to availability.
**Custom Equipment Price does not include applicable taxes and may not be combined with other Equipment-related discounts or
other offers.
NPPGOVPARTICIPATION AGREEMENT
20.4 Custom Equipment Pricing via Credits for Smartphones with Certain FirstNet Mobile Special Plans. To be eligible for Custom
Equipment Pricing via Credits for Smartphones, Participating Agency must, during the term of the Participation Agreement: (a)Purchase the
Qualified Device from AT&T with an AT&T Equipment Installment Plan with or without Next Up for a new or upgrade-eligible existing Agency
Paid User line of Service on the corresponding FirstNet Special Plan; and(b)activate such new Agency Paid User line of Service on,or
migrate such existing Agency Paid User line of service to,the FirstNet Special Plan Custom Equipment Pricing via credits is available for the
term of the Participation Agreement.
TABLE 20.4
CUSTOM EQUIPMENT PRICING VIA CREDITS WITH CERTAIN FIRSNET MOBILE SPECIAL PLANS
Qualified Device* FirstNet Special Plan Cus
Equipment Price"
Any smartphone found at
www.firstnet.com/devices with an Special Plan 1 $0.00 after up to$449.99 in credits
undiscounted retail price of$449.99 or less
found at att.com/equipmentlist
Any smartphone found at
www.firstnet.com/devices with an Special Plan 1 An amount equal to the undiscounted retail price less up to
undiscounted retail price of$450.00 or $449.99 in credits
more found at att.com/equipmentlist
Any smartphone found at
www firstnet.com/devices with an Special Plan 2 $0 00 after up to$699.99 in credits
undiscounted retail price of$699.99 or less
found at att.com/equipmentlist
Any smartphone found at
www.firstnet.com/devices with an Special Plan 2 An amount equal to the undiscounted retail price less up to
undiscounted retail price of$700.00 or $699.99 in credits
more found at att.com/equipmentlist
*Subject to availability.
**Custom Equipment Price does not include applicable taxes on the undiscounted retail price of the Qualified Device,which will be due at
sale, and may not be combined with other Equipment-related discounts or other offers. Custom Equipment Pnce is achieved via a discount
applied, in roughly equal monthly credits,to the undiscounted retail price of the Qualified Device over the entire 36-mo.installment agreement
term. Discount will not exceed the lower of the undiscounted retail price of the Qualified Device or the maximum credits you are
eligible for under this offer. For example only:If the undiscounted price of the Qualified Device is$400 and the FirstNet Special Plan is
FirstNet Mobile Special Select Unlimited—Standard plan, Participating Agency will have 36 monthly installment payments of$11.11/mo. and
be eligible for 36 monthly credits of$11.11/mo (a maximum discount of$400), but if the undiscounted price of the Qualified Device is$1,000
and the FirstNet Special Plan is FirstNet Mobile Special Select Unlimited—Standard plan ,Participating Agency will have 36 monthly
installment payments of$27 78/mo. and be eligible for 36 monthly credits of$12.50/mo.(a maximum discount of$449.99). CRU line of
service must be on a qualified installment agreement, active on the FirstNet Special Plan and in good standing for 30 days to qualify. To get
all monthly credits, Participating Agency must maintain the Qualified Device on both the FirstNet Special Plan and the installment agreement
for the entire term. If Participating Agency changes or cancels the FirstNet Special Plan, upgrades the Qualified Device,or pays off
the installment agreement early, monthly credits will cease,and device balance will be due. It may take up to 2 billing cycles after
activation for the monthly credits to appear. Each monthly credit will appear on the applicable invoice as a per line credit applied to the
Qualified Device. Participating Agency will receive catch-up credits once credits start.
***Requires purchase with qualifying 0%APR 36-month installment agreement; undiscounted retail price will be divided into 36 monthly
installments. Installment agreement starts when Qualified Device is shipped. Purchase is subject to the corresponding installment plan terms
and conditions set forth in the Service Guide and Sales Information,as well as Participating Agency's Retail Installment Agreement.
NPPGOVPARTICIPATION AGREEMENT
20.5. Recurring Credits on FirstNet Special Plans. Custom Equipment Pricing via Credits is available for the term of the PA.
TABLE 20.5
RECURRING CREDITS ON FIRSTNET SPECIAL PLANS
Recurring FirstNet Special
Credit Plan* Eligibility Requirements
Amount
$20.001month Special Plan 1 • Activate a new Agency Paid User line of service on, or migrate an existing Agency Paid User line of
service to,the corresponding FirstNet Special Plan during the Offer Period;and
$20.00Imonth Special Plan 2 • Each eligible Agency Paid User line must continue to be on the corresponding FirstNet Special Plan
at the time the Recurring Credit is applied. **
$10.00/month Special Plan 3 • Activate a new Agency Paid User line of service on the corresponding FirstNet Special Plan during
the Offer Period; and
$5.00/month Special Plan 3 • Each eligible Agency Paid User line must continue to be on the corresponding FirstNet Special Plan
at the time the Recurring Credit is applied. **
*Except as modified,the FirstNet Special Plans are subject to the terms and conditions set forth in the applicable Sales Information.
**Each Recurring Credit will appear on the applicable invoice as a per line credit applied to the Monthly Service Charge before application of
discounts,taxes, surcharges and fees assessed on the FirstNet Solution. It may take up to 2 billing cycles after activation for the Recurring
Credit to appear.
Section 21. Order of Precedence. Notwithstanding the Order of Precedence set forth in the Master Agreement,the Parties
acknowledge and agree that in the event of a conflict between the terms contained in the various documents comprising the Agreement,the
following order of precedence will control:(a)the Participation Agreement; (b)the Master Agreement; and(c)any valid Purchase Order issued
in connection therewith.
Section 22. Entire Agreement.The Master Agreement and this Participating Agreement set forth the entire agreement between the
Parties with respect to its subject matter, and it supersedes all previous communications,representations or agreements, whether oral or
written,with respect thereto.
FN Turnkey Offer AT&T and Participating Agency nppgov_participation_agreement_cover_page
City of Yakima jw8001 080723 SR- Confidential
388608 Information
City of Yakima NPP PA jw8001 080723
SR-388608
Final Audit Report 2023-08-07
Created. 2023-08-07
By Christina Payer(Christina.Payer@yakimawa.gov)
Status. Signed
Transaction ID: CBJCHBCAABAAGeXhw8e_vlMebyBtOy0j8nCc_Oc-YD79
"City of Yakima NPP PA jw8001 080723 SR-388608" History
.- Document created by Christina Payer(Christina.Payer@yakimawa.gov)
2023-08-07-11 31 32 PM GMT
Document emailed to Jack Wildermuth (jw8001@att.com)for signature
2023-08-07-11:32 19 PM GMT
` Email viewed by Jack Wildermuth (jw8001@att.com)
2023-08-07-11 33.23 PM GMT
Document e-signed by Jack Wildermuth (jw8001@att.com)
Signature Date 2023-08-07-11:34 21 PM GMT-Time Source.server
O Agreement completed.
2023-08-07-11 34 21 PM GMT
eal Adobe Acrobat Sign
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: September 5, 2023
ITEM TITLE: Resolution authorizing an agreement with AT&T Corp for FirstNet
cellphone services
SUBMITTED BY: *John Carney, IT Services Manager
Christina Payer, Buyer I I
SUMMARY EXPLANATION:
The City of Yakima desires to purchase off NPP contract#PS20255 with AT&T to procure
wireless mobility data and communications solutions, applications, related equipment and
accessories. AT&T agrees to deliver pursuant to the NPP contract under the terms and
conditions found in the agreement.
The approximate value of this contract is $300,000 annually.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
0 Resolution AT&T 8/8/2023
❑ Agreement AT&T 8/8/2023