HomeMy WebLinkAbout2010 11 15 Consent 202 Other Documents Related to Consent Agenda Item 202 Date: November 15, 2010
The attached documents relate to Consent
Agenda Item "202 ", from the November 15,
2010 (Rescheduled From November 8, 2010)
City Commission Regular Meeting.
October 28, 2010
CITY OF WINTER SPRINGS
1126 East State Road 434
Winter Springs, FL 32708
407 - 327 -1800
Dear Greg Martin,
The units on the following Billing Account Numbers list below are eligible to purchase wireless
communication services under the Western State Contracting Alliance (WSCA) Agreement,
No. S1523, dated October 10, 2006, and the WSCA Participating Addendum with the State of
Florida and receive the service discount under this Contract.
Billing Account Numbers:
I, Kevin L. Smith, hereby certify that all information provided herein is true and correct
as of the date signed below; that I am an authorized purchaser for CITY OF WINTER
SPRINGS that all orders will be in accordance with and subject to the terms and
conditions under the Western State Contracting Alliance (WSCA) Agreement, No.
S1523, and the WSCA Participating Addendum with the State of Florida and that
Sprint is authorized to bill the Total Dollar Amount for Supplies /Services referenced on
the attached Sprint quote. I agree that CITY OF WINTER SPRINGS has sufficient funding
to cover charges incurred for the period of time the units are active with Sprint and will
continue to pay until written notice of cancellation is provided to Sprint and that CITY OF
WINTER SPRINGS is responsible for payment of any charges that exceed that limit. To
avoid any unnecessary disruption, CITY OF WINTER SPRINGS understands that Sprint
will not automatically terminate service until written notice is received and CITY OF
WINTER SPRINGS agrees to pay for all charges incurred until this form is specifically
renewed, a purchase order is executed, or formal notice of termination is received by
Sprint. If during the term of this authorization, the authorized user changes, it is the
responsibility of the original purchaser to designate an alternate and provide written
contact information within ten days to Sprint at:
Sprint
2001 Edmund Halley Drive
Mailstop: VARESP0203
Reston, VA 20191
Attn: Contract Manager
Sincerely,
evin L. Smith, City Manager
04- 07- 10 :1O:28AM: * 1/ 1
PARTICIPATING ADDENDUM '
WESTERN STATES CONTRACTING ALLIANCE •
WIRELESS COMMUNICATION SERVICES AND EQUIPMENT
ALTERNATE CONTRACT SOURCE NO. 1523
• AMENDMENT NO.2 •
THIS AMENDMENT ( "Amendment") is entered into between the State of Florida, Department of
Management Services ( "Department" or "Customer") and Sprint Solutions, Inc. ( "Sprint ", •
"Sprint /Nextel" or "Contractor ") for Alternate Contract Source No. 1523 originally effective May 10,
2005 ( "Contract" or "Agreement").
The Department and Sprint Solutions, Inc. hereby agree to amend the Participating Addendum as
follows:
1. Amendment No. 1 executed by the Parties on October 2, 2007, Contract No. 1523 for the
Western States Contracting Alliance ( "WSCA ") replaced Master Price Agreement No. 12-
• 00115 for Sprint /Nextel Services.
2. The original Alternate Contract Source used by the State of Florida for Sprint/Nextel Services
pursuant to WSCA Contract No. 1523 expires on April 11, 2010.
3. The Participating Addendum is renewed for a period of twelve (12) months, beginning April
12, 2010 and ending April 11, 2011. -
• 4. This Amendment is an integral part of and modifies the Participating Addendum. The terms
used herein which are defined or specified in the Participating Addendum shall have the
meanings set forth in the Participating Addendum. If there are any inconsistencies between •
the provisions of this Amendment and the provisions of the Participating Addendum, the
provisions of this Amendment shall control.
5. All terms and conditions in the Participating Addendum and its attachments not addressed
by this Amendment or previously amended remain in full force and effect.
6. This Amendment shall be effective upon full execution by both Parties.
SPRINT OLUTIO . • . . •
•
} . � 4\
By: � ��. _ u.i _ �fJ. - _ .'Date: t
•
Sprint— Approved
Title: Sr.ce President, eneral Business & Public Sector as to LogatFoim
HRF 7 Apr 2010
•
Department of Management Services
State of Florida �[ • . .
Date: /• a
• Title ltL°Gf't/t- D ( ``c •
•
Approved as to form and legality by the Office of the General Counsel, Department of Management
Services . •
By LVt.X.AA nI� Date: v •
6
04/07/2010 11:.27AM (GMT- 04:00)
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTION ALLIANCE
WIRELESS COMMUNICATION SERVICES AND EQUIPMENT
ALTERNATE CONTRACT SOURCE NO. 12-00115
Amendment No. 1 1
THIS AMENDMENT (number 1) ( "Amendment ") is made and entered into by and between the State of Florida,
Department of Management Services ( "Department" or "Customer ") and Sprint Solutions, Inc.; ( "Sprint,"
"Sprint-Nextel," or "Contractor, "), for Alternate Contract Source 12 -00115 originally effective May 10, 2005
( "Contract" or "Agreement ").
Whereas, Contract No. 1523 for the Western States Contracting Alliance ( "WSCA ") is a replacement to Master
Price Agreement 12 -00115 for Nextel services, and
Whereas, Nextel's parent company has merged with Sprint Corporation, forming Sprint Nextel Corporation, and
Sprint Solutions, Inc., a corporate affiliate under common control with Nextel, offers both Sprint and Nextel
services ( "Services ") through its affiliates including Nextel.
The Department and Sprint Solutions, Inc. hereby agree to amend the Agreement as follows:
1. In Section 1 of the Agreement, the term "Master Price Agreement" is redefined to refer to Contract No.
1523.
2. Under Section 2 of the Agreement, the Parties are permitted to continue usage of the Services under the
Master Price Agreement (as defined in Section 1 of this Amendment).
3. This Amendment is an integral part of and modifies the Agreement. The terms used herein which are
defined or specified in the Agreement shall have the meanings set forth in the Agreement. If there are any
inconsistencies between the provisions of this Amendment and the provisions of the Agreement, the
provisions of the Amendment shall control.
4. The terms and conditions of the Agreement, including attachments thereto not addressed by this
Amendment, and except as amended previously or amended herein, shall remain in full force and effect.
5. This Amendment shall be effective when executed by both parties.
IN WITNESS WHEREOF, and intending to be bound hereby, the parties affix their signature to this Amendment.
Signature: j!� -�.. `�'7 Date: 9 /24)/(5
Y
B : H. Leon Frazi r - Senior Vice Preside
Sprint Solutions, Inc.
Approved as to form and legality by the Department of Management Services:
Signature: Date: °! (2l (
By: Spencer K rae r
State of Florida, e artment o anagement Services
Signature: G Al Date: /a/Z/
By: C siTtg-Bireetor
State of Florida, Department of Management Services, Division of State Purchasing
e
5K0- Siet,Lr►•, 'Dept-444 Seers I
Sprint — Approved
as to Legal Form
SKM — 20 Sept 2007
ACS No. 12 -00115 Page 1 of 1
PARTICIPATING ADDENDUM
WESTERN STATES CONTRACTING ALLIANCE
WIRELESS COMMUNICATION SERVICES AND EQUIPMENT
Under authority of
MASTER PRICE AGREEMENT 12 -00115
1. Scope: The State of Florida, Department of Management Services (the "Department ")
is authorized by S. 287.042(16), Florida Statutes, to evaluate contracts and, when
determined in writing to be cost - effective and in the best interests of the State, to enter
into an agreement authorizing all Eligible Users (as that phrase is defined in Rule 60A-
1.005, Fla. Admin. Code) to make purchases from such contracts.
The Department hereby grants all Eligible Users permission to make purchases under
Nextel -WSCA Master Price Agreement 12- 00115, as amended (the "Master Price
Agreement "), subject to the terms contained in this Participating Addendum (the
"Participating Addendum ").
2. Changes:
a. This Participating Addendum shall become effective on the last date signed below and
shall have a term of five (5) years unless terminated earlier pursuant to Florida law or the
Master Price Agreement (but subject to the provisions of paragraph 2.b. below).
Although the parties acknowledge that the term of the Master Price Agreement is
currently set to expire in June of 2006, the expectation is that this Master Price
Agreement is likely to be extended, renewed and/or replaced with a follow -on Master
Price Agreement. Therefore, as is within the control of the parties, the parties agree that
the term of this Participating Addendum will continue for its stated term above, whether
as part of an extension of the current Master Price Agreement or as a Participating
Addendum of a follow -on Master Price Agreement and the parties agree to take all
reasonable necessary actions to implement the intent of this continuation. The
Department reserves the right to terminate this Participating Addendum for failure to
comply with the provisions of this Participating Addendum, including but not limited to
the transaction fee provisions of paragraph 2.d. and the provisions of 287.058(1)(a)
through (f), F.S. as required by paragraph 2.e.
b. Notwithstanding any other language contained herein or in the Master Price
Agreement to the contrary, the Department may not terminate this Participating
Addendum for convenience as such right is granted under the Master Price Agreement
unless the Department exercises its right to terminate the State Term Contract bid under
ITN No.: 10 -725 -000 -W for Wireless Voice Services.
c. In order to procure products or services hereunder, buyers shall issue purchase orders
referencing this Participating Addendum. Buyers are responsible for reviewing the terms
and conditions of this Participating Addendum and the Master Price Agreement
referenced above. Neither the Department nor the Western States Contracting Alliance is
a party to any purchase order issued hereunder.
d. In order to complete any transaction between an Eligible User buyer and the
Contractor, the Contractor must be registered in MyFloridaMarketPlace. Rule 60A- 1.031,
Florida Administrative Code is hereby incorporated by reference. All transactions made
pursuant to this Participating Addendum are subject to a transaction fee of 1.0% pursuant
to Rule 60A -1.031 which is in addition to any fee payable to WSCA under the Master
Price Agreement.
e. The provisions of section 287.058(1)(a) -(f), F.S. are hereby incorporated by reference
to the extent applicable to the types of products and services provided by Contractor.
f. The following statement is required pursuant to section 287.0582, F.S.: "The State of
Florida's performance and obligation to pay under this Participating Addendum is
contingent upon an annual appropriation by the Legislature." The Department
acknowledges that the costs incurred by it in administering this Participating Addendum
are fully funded by the transaction fee provided for under paragraph 2.d. above. The
Contractor shall comply with sections 11.062, F.S. and 216.347, F.S., prohibiting the use
of funds to lobby the Legislature, Judiciary, or State agencies.
g. The Contractor shall comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of Federal,
State, and local agencies having jurisdiction and authority. By way of non- exhaustive
example, the Contractor shall comply with the Immigration and Naturalization Act, the
Americans with Disabilities Act, and all prohibitions against discrimination on the basis
of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status.
h. Interest penalties for late payment are available subject to the provisions of section
215.422, F.S. An ombudsman, whose duties include acting as an advocate for vendors
who may be experiencing problems in obtaining timely payment from a state agency,
may be contacted by calling the State Comptroller's Hotline at 1 -800- 848 -3792.
i. The exclusive venue of any legal or equitable action that arises out of or relates to this
Participating Addendum shall be the appropriate state court in Leon County, Florida; in
any such action Florida law shall apply and the Contractor waives any right to a jury trial
that it may have.
j. If an additional ordinance, rule, or other local governmental authority requires
additional contract language before an Eligible User can make a purchase from the
Master Price Agreement referenced above, in lieu of this Participating Addendum the
Eligible User is responsible for signing a separate Participating Addendum with the
Contractor.
3. Primary Contract: The primary contact individual for the State of Florida for this
Participating Addendum is as follows:
Stu PotIock
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Contract Analyst
State Purchasing
4050 Esplanade Way
Tallahassee, FL 32399 -0950
Fax: (850) 414 -6122, Phone: (850) 488 -1086
Email: PottocS @drns.state.fl.us
The primary contact individual for the Contractor for this Participating Addendum is as
follows:
Rexford Gile
Senior Contracts Manager, Strategic Business Development
2001 Edmund Halley Drive, 2 floor
Reston, VA 20191
Phone: (703) 433 -4827, Fax: (703) 433 -4996
Email: rexford.gile@nextel.com
4. Price Agreement Number: All purchase orders issued by purchasing entities within the
State of Florida shall include the following Master Price Agreement number: 12- 00115.
Unless otherwise provided by Florida law, statute, rule or this Participating Addendum,
the Department will not implement any additional restrictions on any Eligible User to
purchase off of this Participating Addendum.
5. Access to this Participating Addendum: The Department agrees that it shall make this
Participating Addendum available to all Eligible Users as a state -wide contracting vehicle
option to be used at the discretion of all Eligible Users, including, without limitation,
placement on the MyFloridaMarketPlace website, accessible to all Eligible Users.
6. Miscellaneous:
a. The Parties hereto recognize that Nextel is not the awardee for Florida State Term
Contract Number 725- 330 -05 -1 for Wireless Voice Services. However, the Parties
recognize that the instant Participating Addendum constitutes an approved alternate
contract source that Eligible Users may utilize to procure wireless and related products
and services provided under the Master Price Agreement.
b. This Participating Addendum and the Master Price Agreement together with its
exhibits, set forth the entire agreement between the parties with respect to the subject
matter of all previous communications, representations or agreements, whether oral or
written, with respect to the subject matter hereof. Terms and conditions inconsistent
with, contrary or in addition to the terms and conditions of this Participating Addendum
and the Master Price Agreement, together with its exhibits, shall not be added to or
incorporated into this Participating Addendum or the Master Price Agreement and its
exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or
incorporate such terms and conditions are hereby rejected. The terms and conditions of
this Participating Addendum and the Price Agreement and its exhibits shall prevail and
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govern in the case of any such inconsistent or additional terms. In addition, the terms of
this Participating Addendum shall prevail and govern in the case of any terms that are
inconsistent with, or contrary to the terms of the Master Price Agreement.
IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of
the date of execution by both parties below.
State ofd. Nextel South Corp. ( "Contractor ")
By: 1,i, L. II B
•
Name: t .1 161 f El Name: 1 476 1 rot z
Title: _.� /.1' y1i 4 � A Title: Vr P. p Li c S c to
Date: / ., �� Date: =1— f I - o
Approved as to Form and Legality,
Office of the General Counsel:
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