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HomeMy WebLinkAboutContracts & Agreements_205-2018LOCA'nON ID 80282837501 PARTICIPATING ADDENDUM UNDER THE NASPO VALUEPOINT WIRELESS COMMUNICATION SERVICES AND EQUIPMENT BID NUMBER RFP #1907 SUB -PARTICIPATING ADDENDUM PARTICIPATING ENTITY: City of Redlands This Sub -Participating Addendum (the "Sub -PA") is made this 04 day of JN,7 018 (the "Sub -PA Effective Date"), between City of Redlands ("Participating Entity"), and AT&T Mobility National Accounts LLC ("Contractor") (Participating Entity and Contractor are, at times, referred to individually as a "Party" or together as the "Parties") Section 1. fly. 1 1 Contractor and the State of Nevada, acting through its Department of Administration, Purchasing Division, and the participating members of the NASPO Cooperative Purchasing Program, d/b/a "NASPO ValuePoint" (formerly known as "WSCA" or "WSCA-NASPO") (hereinafter defined as "NASPO" or "WSCA"), are parties to that certain wireless communication services and equipment contract #1907, dated March 15, 2012, as amended (the "Contract" or "Master Service Agreement"). 1.2 Pursuant to a Participating Addendum by and between Contractor and State of California, Master Price Contract #7-11-70-17, as amended on August 10, 2012, (the "PA"), Participating Entity is authorized to purchase Service, Equipment and related products from Contractor under the terms of the NASPO Contract and the PA 13 As authorized by the Contract, and in addition to the standard Service, Equipment and related products available through the PA, Participating Entity wants to receive certain unique offers under the PA that will apply only to Participating Entity. 1.4 Contractor is willing to provide Participating Entity with such unique offers subject to the terms and conditions of the Sub -PA Section 2. Agreement. In consideration of the recitals set forth in §1 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, Participating Entity and Contractor hereby agree to the terms and conditions of the Sub PA (the Contract, the PA and the Sub -PA, together with all valid purchase orders submitted to Contractor by Participating Entity, collectively, the "Agreement") Unless otherwise defined, capitalized terms in the Sub -PA have the meanings ascribed to them in the Contract and/or the PA. Section 3. Authorized Particlp_aling Entity. Participating Entity is the only authorized Participating Entity under the Sub -PA Section 4. P_umhaae Orders Participating Entity must issue purchase orders hereunder that reference both Master Service Agreement #1907 and the Sub -PA Upon issuance of any such valid purchase order, Participating Entity will be bound by the terms and conditions of the Agreement including, without limitation, the obligation to pay Contractor for Service, Equipment, and related products provided Notwithstanding the foregoing, any purchase order submitted that does not properly reference the Contract number and/or the Sub -PA may be accepted, at Contractor's sole discretion, if Contractor can reasonably ascertain that such purchase order was properly authorized and intended for use with the Sub - PA. In such instances, the corresponding purchase order will be similarly valid and binding Except as expressly provided in the Agreement, terms and conditions inconsistent with, contrary or in addition to the terms and conditions of the Agreement will not be added to or incorporated into the Agreement by any purchase order; and any such attempts to SW CA NASPO SUBPA ATQ062618 [CM UUID] [DATE] [CUSTOMER LEGAL NAME] SR# add or incorporate such terms and conditions are hereby rejected The terms and conditions of the Agreement will prevail and govern in the case of any such inconsistent or additional terms 5.1 Qustom FirstNet Mobile Pians — Agency Paid. Provided Participant remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §5 (including all sub -sections and Tables), AT&T will provide Participant and its eligible CRUS the custom FirstNet Mobile Plans described in §5 1 (the "Custom FirstNet Mobile Plans") The Custom FirstNet Mobile Plans are available for the term of the Agreement The corresponding CRU must be eligible to activate Service on the underlying, non -customized version of the corresponding FirstNet Mobile Plan The Custom FirstNet Mobile Plans are not available to IRUs or to individuals eligible to purchase the subscriber paid versions of FirstNet Mobile Plans In accordance with the Agreement, the Custom FirstNet Mobile Plans are subject to the applicable, standard FirstNet Mobile -Pooled and Mobile -Unlimited Plans' corresponding Sales Information, which are incorporated herein by reference To the extent of any material conflict between the terms and conditions of this §5 1 and the applicable Sales Information, this §5 1 will control Notwithstanding the foregoing, the Custom FirstNet Mobile Plans will be provided only if Participant's account is active and in good standing with respect to the applicable CRU The Custom FirstNet Moble Plans are NOT eligible for the Service Discount, any other discount provided under the Agreement, nor any other discounts or promotions otherwise available to AT&Ts customers For all Custom FirstNet Mobile Plans, the corresponding Plan's Monthly Service Charge (at times, "MSC") will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table will be achieved via application of a modifier also reflected on the invoice TABLE 51 1 TABLE 51 2 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR FEATURE PHONES Add -a -Line for use with an unsubsidized device $2299 Monthly Service Charge Add -a -Line for use with a subsidized device .. $2299 TABLE 51 3 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR DATA -ONLY DEVICES CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR SMARTPHONES Add -a- 2GB SGS 50GB 100GB 5001313 -a- 2GB 5GB 50GB 10OGB 5001313 100OGB Line For use with an $2000 $2599 $3299, $20900 $37800 For use with an $33.00 $3399 $3599 $22500 $393.00 $1,76300 $3,36900 unsubsidized device MSC MSC MSC MSC MSC MSC MSC For use with a $3300 $3399 $3599 $22500 $393.00 $1,76300 $3,369.00 subsidized device MSC MSC MSC MSC MSC MSC MSC TABLE 51 2 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR FEATURE PHONES Add -a -Line for use with an unsubsidized device $2299 Monthly Service Charge Add -a -Line for use with a subsidized device .. $2299 TABLE 51 3 CUSTOM FIRSTNET MOBILE -POOLED PLANS FOR DATA -ONLY DEVICES Above pricing is Monthly Service Charge SW CA NASPO SUBPA ATQD62618 [CM UUH)] [DATE] [CUSTOMER LEGAL NAME] SR# Add -a- 2GB SGS 50GB 100GB 5001313 1000GB Line For use with an $2000 $2599 $3299, $20900 $37800 $1.74700 $3,35300 unsubsidized device MSC MSC MSC MSC MSC MSC MSC For use with a $2000 $25.99 $3299 $209 00 $378.00 $1,74700 $3,35300 subsidized device MSC MSC MSC MSC MSC MSC MSC Above pricing is Monthly Service Charge SW CA NASPO SUBPA ATQD62618 [CM UUH)] [DATE] [CUSTOMER LEGAL NAME] SR# TABLE 51 4 CUSTOM FIRSTNET MOBILE -UNLIMITED PLANS For use with Unlimited Enhanced for Unlimited Standard for Unlimited for Data -only Feature Phone Smartphones Smartphones Devices Monthly Service Charge $4499 $3999 $37 00 TABLE 51 5 CUSTOM FIRSTNET ENHANCED PTT ONLY PLANS Unlimited FirstNet Enhanced PTT Only Plan $17.99 for use with an unsubsidized compatible Feature Phone Monthly Service Charge Unlimited FirstNet Enhanced PTT Only Plan $1799 for use with a subsidized com atible Feature Phone Monthly Service Charae TABLE 51 6 CUSTOM FIRSTNET ENHANCED PTT DOLT -0N PLAN Unlimited FirstNet Enhanced PTT Bolt -0n Plan $2.00 for use with eligible, compatible Smartphones, Feature Phones and Tablets Monthly Service Charge TABLE 5 17 CUSTOM AT&T DYNAMIC TRAFFIC SAFETY MANAGEMENT — PUBLIC SAFETY FOR EXTENDED PRIMARY USERS AT&T Dynamic Traffic Management— Public Safety, per $750 Agency Paid User, per Month I (after $7 50 credit) 5.2 CgggM FiratNet Mobile Plans — SUbMriber Paid. In addition to FirstNet Mobile Pians available to Participant and its CRUs, AT&T offers a subscriber paid version of such plans to eligible individuals associated with a Primary User Public Safety Entity Participant hereby authorizes AT&T to provide such individuals with the discounts set forth in §5 2 (the "Custom FirstNet Mobile Subscriber Paid Plans") Participant must remain eligible for the Custom FirstNet Mobile Plans described in §5 1 for the Custom FirstNet Mobile Subscriber Paid Plans to apply The corresponding subscriber must be eligible to activate Service on the underlying, non customized version of the corresponding FirstNet Mobile Subscriber Paid Plan The Custom FirstNet Mobile Subscriber Paid Plans are not available to Participant, its CRUs, or its IRUs. For all Custom FirstNet Mobile Subscriber Paid Plans, the corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table will be achieved ria application of a modifier also reflected on the invoice TABLE 5 21 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID PLANS — RESPONDER PLANS TABLE 5 2 2 CUSTOM For use with For use with For use with Unlimited Smartphone Plan Smartphone Feature Phone Tablet without tethering) 5GB 100MB 5GB Monthly $3599 $1099 $3299 Service Charge TABLE 5 2 2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — RESPONDER UNLIMITED PLANS Unlimited Smartphone Plan Unlimited With Tethering Unlimited with Tethering without tethering) Smartphone Plan Tablet Plan Monthly Service Charge $3999 $4499 $37,00 3 SW CA NASPO SUBPA ATQD62618 [CM UUID] [DATE] [CUSTOMER LEGAL NAME] SR# Section 6. Custom Egufument Offer. The Custom Equipment Offer (a) requires activation with new FirstNet Service Plan on the applicable Equipment as specified in Table 6 below, (b) does not include applicable Taxes, (c) may not be combined with any other available Equipment Discount, promotions or offers otherwise available to Customer's Entities including, without limitation, the Equipment Discount set forth in the Agreement, (d) is not available through a separate data solutions provider and, (e) remains subject to availability limitations The Custom Equipment Offer is not available to IRUs or to individuals eligible to purchase the subscriber paid versions of FirstNet Mobile Plans Participant and its eligible CROs may upgrade to a new device after a minimum of 18 months TABLE 6 CUSTOM EQUIPMENT PRICING Device Type Approved Custom Equipment Price and required FirstNet Service Plan Voice Only Devices Sonim XP5 4GB $49 99 FirstNet Voice Only Plan or PTT standalone plan of $22 per month or greater Dura XE-8GB $49 99 FirstNet Voice Only Plan or PTT standalone plan of $22 per month or greater Duraforce Pro-32GB $0 99 FirstNet Voice Only Plan $31 per month or greater Integrated iPhone 6S Plus-32GB $0 99 with a $39 per month or greater (FirstNel SmartPhone Plan) iPhone 7-32GB $0 99 with a $39 per month or greater (FirstNel SmartPhone Plan) iPhone 7plus 32GB $119 99 with a $39 per month or greater (FirstNet SmartPhone Plan) iPhone 8-64GB $149 99 with a $39 per month or greater (FirstNet SmartPhone Plan) iPhone 8plus-64GB $249 99 with a $39 per month or greater (FirstNet SmartPhone Plan) iPhone 8 256GB $299 99 with a $39 per month or greater (FirstNet SmartPhone Plan) iPhone X-64GB $449 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Galaxy S9- 4GB/400GB External 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Galaxy S9 Plus- 64GB/400GB External $324 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Galaxy S8 Active 64GB-Intemal 256GB External $219 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Galaxy S8-64GB $99 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Galaxy S8 Plus- 64GB $199 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Samsung Note 8-64GB Internal / 256GB Ext $364 99 with a $39 per month or greater (FirstNet SmartPhone Plan) Data Only Devices iPad (5th Gen)-32GB $309 99 with a $22 per month or greater (FirstNet Data Only Plan) 12.9 -inch iPad Pro-64GB $779 99 with a $22 per month or greater (FirstNet Data Only Plan) Velocity 2 $0 99 with a $22 per month or greater (FirstNet Data Only Plan) Nighthawk -512 MB RAM, expandable up to 256 GB micro a card sold separately $39 99 with a $22 per month or greater (FirstNet Data Only Plan) 4 SW CA NASPO SUBPA ATQ062618 [CM UUm] [DATE] [CUSTOMER LEGAL NAME] SR# Section 7• Prima [M Contacts Participating Entity: Name ShaynaWalker Title Operations Manager Address. 30 Cajon St Redlands, CA 92373 Telephone 909-798-7611 Fax Number* E -Mail. swalker@redlandspohce.org Contractor Account Team: Name Larry Lafferty Title Clent Solutions Executive Integrated Mobility Address 1452 Edinger Ave Tustin, CA 92785 Telephone 562-618 1221 Fax Number E -Mail larry lafferty@att.com Lead State Name Ten Becker Title. Purchasing Officer Address 515 E Musser St , Suite 300 Carson City, NV 89701 Telephone 775 684 0178 Fax Number 775-684-0188 E -Mail, 1bv,,-kerGadmin.CMaov Contractor Main: Name Bethani Cross Title Client Solutions Executive Address 311 S Akard St Dallas, TX 75202 Telephone 214-679-9053 Fax Number NIA E -Mail t)ethanLcrvss@att.corn Section 8. Authority. By signing below, the corresponding Party's representative represents that he or she is duly authorized by Contractor or Participating Entity, as applicable, to execute the Sub -PA on behalf of the respective Party, and that the Contractor and Participating Entity agree to be bound by the provisions hereof. In addition, Participating Entity represents that it has received the requisite approvals from the applicable Chief Procurement Official and NASPO to participate in the Agreement SW CA NASPO SUBPA ATQ062618 [CM UUID] [DATE] [CUSTOMER LEGAL NAME] SR# Section 9. Additional Terms and Conditions. 91 Application of PA The Parties acknowledge and agree that the terms and conditions of the PA are binding upon them. 9.2 Amendments to PA. The Parties acknowledge and agree that (a) Participating Entity has no nght or authority to amend the PA, (b) any valid amendments or modifications to the PA and/or the Contract are automatically binding upon Participating Entity; andlor (c) in the event any such valid amendment or modification to the PA materially and adversely impacts Participating Entity, then Participating Entity may terminate the Sub -PA Section 10. Order of Precedence. 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 Sub -PA, (b) the PA, (c) the Contract, and (d) any valid purchase order issued in connection therewith This section specifically supersedes any order of precedence provisions set forth elsewhere in the Agreement Section 10.1 AT&T will provide Participant either of the two activation credits as noted below in Table 10 1 An Activation Credit is only available to a Participating Entity's CRU who (a) activates a new two (2) year FirstNet Service on the corresponding, qualified Plan(s) within the first one hundred and eighty (180) days following the Effective Date of the Sub -PA, and (b) remain on Service under such Plan(s) at the time the Activation Credit is applied No other CRU is eligible for an Activation Credit CRUs activating new FirstNet Service after this 180 -day period will not receive the Activation Credit Activation Credits may not be combined with any other offers or activation credits Qualified CRUs are only eligible for one Activation Credit An Activation Credit may take up to two billing cycles to appear on the applicable invoice TABLE 101 Activation Credits PLAN CREDIT FirstNet Voice Only Plan with a Monthly Serv(ce Charge of $31 00 or higher OR a FirstNet Data Only Plan with an Monthly Service Charge of $22.00 or higher $7500 FirstNet Smartphone Plan with a Monthly Service Charge of $39.00 or higher or a $10000 FirstNet Data Only Plan with a Monthly Service Charge of $32 99 or higher $150 00 Section 10.2 U11grade Credlb. AT&T will provide Participant with one of the following Upgrade Credits as noted in Table 10 2 An Upgrade Credit is only available to a Participating Entity's CRU who (a) upgrades to a new two (2) year FirstNet Service on the corresponding, qualified Plan(s) within the first one hundred and eighty (180) days following the Effective Date of the Sub -PA, and (b) remain on Service under such Plan(s) at the time the Upgrade Credit is applied New CRUs activating new FirstNet Service after this 180 -day period will not receive the Upgrade Credit Upgrade Credits may not be combined with any other offers Qualified CRUs are only eligible for one Upgrade Credit and are subject to the18 month minimum upgrade penod as set forth in Section 6 An Upgrade Credit may take up to two billing cycles to appear on the applicable invoice TABLE 10 2 Unarade Credits PLAN CREDIT FirstNet Voice Only Plan with a Monthly Service Charge of $31 00 or higher OR a FirstNet Data Only Plan with an MSC of $22 00 or higher $7500 FirstNet Smartphone Plan with a Monthly Seance Charge of $39.00 or higher $10000 6 SW CA NASPO SUBPA ATQ062618 [CM QUID} [DATE] (CUSTOMER LEGAL NAME) SR# Se ion 11. Entire Agreement The Agreement sets forth the entire agreement between the Parties with respect to its subject matter, and it supersedes all premous communications, representations or agreements, whether oral or written, with respect thereto IN WITNESS WHEREOF, the Parties have executed the Sub -PA as of the Sub PA Effective Date City of Redlands duly authorized Name Paul W. Foster Title Mayor Date November 6. 2018 AT&T MOBILITY NATIONAL ACCOUNTS LLC By' d y uthonzed Name..-�Gic.� �r ?�C'�j�'jl.'�'7 Title c�P/V �" (r'4V Date. 1! /Z /J? Ar 7 ATTEST• rine Donaldson, City Clerk SW CA NASPO SUBPA ATQ062618 [CM UUID] [DATE] [CUSTOMER LEGAL NAME] SR#