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Home My WebLink About02/20/2013 AgreementAMY HEA VILIN, CPA CLERK OF THE CIRCUIT COURT DATE: March 21, 2013 TO: Bob Ward, Director Information Technology FROM. Pamela G. Hanc(*C. At the February 20, 2013, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C33 a Participating Addendum under the Western States Contracting Alliance Wireless (WSCA) Communication Services and Equipment Bid Number RFP:#S 1907 between Monroe County BOCC and AT&T Mobility National Accounts LLC for cellular telephone voice, data and other services total cost of $106,384.00 per year. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File,✓ PARTICIPATING ADDENDUM UNDER THE WESTERN STATES CONTRACTING ALLIANCE WIRELESS COMMUNICATION SERVICES AND EQUIPMENT BID NUMBER RFP: #S1907 PARTICIPANT: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Participating Addendum (the "PA") is made this 20)4k day of 2013 (the "PA Effective Date"), between Monroe County Board of County Commissio s ("Participant"), and AT&T Mobility National Accounts LLC ("Contractor") (Participant and Contractor are, at times, referred to individually as a "Party" or together as the "Parties"). Section 1. Recitals. 1.1 Contractor and the State of Nevada, acting through its Department of Administration, Purchasing Division, and the participating members of the Western States Contracting Alliance ("WSCA"), and the NASPO Cooperative, are parties to that certain Western States Contracting Alliance contract, #S1907, dated <>, successor contract to that certain Western States Contracting Alliance contract number 1523, dated October 10, 2006, as amended, successor contract to that certain Western States Contracting Alliance contract number 10-00115, dated June 29, 2001, as amended (the "Contract"). 1.2 Participant wants to participate in the Contract pursuant to the terms and conditions of this 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, Participant and Contractor hereby agree to the terms and conditions of this PA (the Contract and the PA, together with all Purchase Orders submitted to Contractor by Participating Entity, collectively, the "Agreement"). Unless otherwise defined, capitalized terms in this PA have the meanings ascribed to them in the Contract. Section 3. Authorized Participating Entities. Participant hereby designates: Monroe County Board of County Commissioners as the only authorized Participating Entity(ies) under the Agreement. Section 4. Purchase Orders. Participating Entity(ies) must issue purchase orders hereunder that reference both Master Agreement #S1907 and the 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 and Equipment provided. Notwithstanding the foregoing, purchase orders submitted that do not properly reference the Master Agreement number and/or the Participating Addendum may be accepted, at AT&T's sole discretion, if AT&T can reasonably ascertain that such purchase order was properly authorized and intended for use with the Participating Addendum. In such instances, the corresponding purchase order will be similarly valid and binding. K WSCA 3 PA TEMPLATE 031512 FINAL Section 5. Primary Contacts. Participant: Lead State: Name: Debbie Frederick Name: Teri Smith Title: Deputy County Administrator Title: Purchasing Officer Address: 1100 Simonton St Ste 2-205 Address: 515 E. Musser St., Suite 300 Key West, FL 33040 Carson City, NV 89701 Telephone: 305-292-4441 Telephone: 775-684-0178 Fax Number: 305-292-4544 Fax Number: 775-684-0188 E-Mail: Frederick-Debbie@monroecounty-fl.gov E-Mail: tlsmith@admin.nv.gov Contractor Account Team: Name: Elena Hedges Title: Account Manager, Mobility Address: 5201 Congress Ave Boca Raton, FL 33487 Telephone: 561-789-3105 Fax Number: 866-709-7163 E-Mail: eh495m@att.com Contractor Main: Name: Twila Lively Title: Manager, Sales Operations Address: 2600 Camino Road San Ramon, CA 94583 Telephone: (925) 487-9945 Fax Number: (510) 261-2155 E-Mail: twilalively@att.com Section 6. Authority. By signing below, the corresponding Party's representative represents that such person is duly authorized by Contractor or Participant, as applicable, to execute this PA on behalf of the respective Party, and that the Contractor and Participant agree to be bound by the provisions hereof. In addition, Participant represents that it has received the requisite approvals from the applicable Chief Procurement Official and WSCA to participate in the Agreement. Section 7. Miscellaneous. 7.1 American Recovery and Reinvestment Act of 2009 ("ARRA"). If or when Contractor is notified in writing by ordering entity that a specific purchase or purchases are being made with ARRA funds, Contractor agrees to comply with the data element and reporting requirements as currently defined in Federal Register Vol 74 #61, Pages 14824- 14829 (or subsequent changes or modifications to these requirements as published by the Federal OMB) that are legally required of vendors as providers of goods and services to recipients or sub -recipients of ARRA funds. Each Participating Entity is responsible for informing Contractor in writing prior to ARRA funds being used for a purchase or purchases under the Contract. Contractor will provide the required report, if any, to the ordering entity with the invoice presented to the Participating Entity for payment. Contractor will provide the required report, if any, to the Participating Entity with the invoice presented to the Participating Entity for payment. Contractor, as it relates to purchases under the Contract, is not a sub -contractor, recipient, sub -recipient or sub -grantee, but simply a vendor, as defined in the OMB guidelines, and assumes no responsibilities under ARRA beyond those required of a vendor. WSCA 3 PA TEMPLATE 031512 FINAL 7.2 Employee Benefit Program. Participating Entity(ies) will participate with Contractor in efforts to obtain eligible Employees' participation in the Employee Benefit Program. Section 8. Notice of Administration Fees. Participant and any and all other Participating Entities under this PA are hereby on notice of the following administration fees being paid by Contractor under the Contract. • WSCA. Contractor has included in the price offered a WSCA Administration Fee of 1/10th of 1% (one -tenth of one percent) of the Total Wireless Spend, pursuant to the schedule of payments set forth in the Contract. Section 9. Order of Precedence. The Parties acknowledge and agree that in the event of a conflict between the terms contained in the various documents comprising this Agreement, the following order of precedence will control: (a) this PA; (b) the Master Agreement; and (c) any Purchase Order issued in connection therewith. This section specifically supersedes any order of precedence provisions set forth elsewhere in the Agreement. Section 10. Entire Agreement. The Agreement sets 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. Except as expressly provided in the Agreement, terms and conditions inconsistent with, contrary or in addition to the terms and conditions of the Agreement shall not be added to or incorporated herein by any subsequent purchase order; and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of the Agreement shall prevail and govern in the case of any such inconsistent or additional terms. 4 WSCA 3 PA TEMPLATE 031512 FINAL IN WITNESS WHEREOF, the Parties have executed this PA as of the PA Effective Date. MONROE COUNTY BO�RD OF COUNTY COMMISSIONERS By: �4 q��/j"'� h� , duly Athorized N Name: e� v 9� �. (SEAL) A MY HEA IN, CLERK Title: MAX o r .' _ C1EP CLERK Date: z I2o / 2 o r 3 AT&T MOBILI I AL ACCOUNTS LLC By: (edmy aut rized t-N Name: U 4f�y Title: Date: I M NROE COUNTY ATTORNEY 1�PPR VED AS M M: CYNTHIA L. HALL ASSI T NT �OUNT ATTORNEY Date - 3 0 (7 =r- =C W O WSCA 3 PA TEMPLATE 031512 FINAL _I r- �-n �1 O r. t C-) O cz7