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HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)Grant County Central. Services P 0 Box 37 Ephrata WA 98823 (509) 754-2011 Ext -3276 To: Board of County Commissioners September 28, 2023 Re: Contract with AT&T / Sourcewell The Board tabled a request to sign a participating agreement during the consent agenda two weeks ago as the Prosecuting Attorney's office had not reviewed the agreement. The agreement is with AT&T, and we will be porting all county cell phone lines rV ML from Verizon to AT&T. Much of this is driven by the increased coverage throughout the County and for considerably better coverage for deputies in the George area. These areas were tested by members of Technology Services and deputies within the Sheriff's office. Furthermore, as Per Technology Services, this switch to AT&T will save the county considerable funds each year. The Prosecutor's office has since viewed the agreement and has approved it to move to consent. Central Services is asking for the agreement to be signed so we may begin the process of moving to AT&T Respectfully submitted, 27om (gclnes Tom Gaines Director, Grant County WA Central Services Department Cc. B. Duerbeck, J. Carter, E. Little Tom Gaines Director of Central Services tgaines@granteountywa.gov ?PROV] 0j OCT -010`2023 CONSENT "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment" K23-235 EXHIBIT A— PARTICIPATION AGREEMENT TEMPLATE PARTICIPATION AGREEMENT COVER PAGE SELLER: AT&T Mobility National Accounts LLC CONTRACT NUMBER: 85657886 Sourcewell Contract Number: 080119 -ATT Contract Id: 6726683 Location ID:30251414316 Member ID Number: 3986 Grant County Government 1-509-7936811 Member Legal Name ("Member") D/B/A Main Telephone Number 35 C St NW Ephrata WA 98823 Street Address City State ZIP Code Joseph Carter icarter@&rantcountvwa.gov 1-509-793-6811 Primary Contact Name and Email Address Primary Contact Telephone Number If applicable, Governmental entity of Agreement: This Participation Agreement between Member, on behalf of itself, and AT&T Mobility National Accounts LLC. ("AT&T"), 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 terms and conditions posted or incorporated by reference on the AT&T Sourcewell Program Website and the relevant Sales Information and (e) all AT&T materials incorporated by reference in the foregoing, including, without limitation those documents referenced in §3 (collectively, the "Participation Agreement" or PA 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 Aareement Effective Date" Grant County Government By (Authorized Signature): Print Name and Title of Person Signing: Rob Jones, Chair Date: l0 / 3 / C?7 3 AT&T Mobility National Accounts LLC, on behalf of itself and its service providing Affiliates: By (Authorized Signature): Print Name and Title of Person Signing: Date: Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702 PARTICIPATION AGREEMENT STANDARD TERMS SELLER: AT&T Mobility National Accounts LLC CONTRACT NUMBER: 85657886 Sourcewell Contract Number: Sourcewell Member ID Number: 080119 -ATT Contract Id: 6726683 Location I D:30251414316 1. Address for Notices. All notices, requests, demands and other communications to Member required or permitted under this Participation Agreement shall be provided to the address set forth below: Name: Grant County Government Address: 35 C St NW Ephrata WA 98823 Phone: 509-793-6811 Fax: Attention: Joseph Carter Federal Tax ID: 916001319 2. Background. 2.1 AT&T and Sourcewell entered into that certain Master Contract with Sourcewell dated , (as now or hereafter amended, restated or otherwise modified, the "Contract") (at times, the Contract and the Participation Agreement referred to collectively as the "Agreement"). 2.2 Member is a governmental agency and/or a "Member" as defined under the Agreement that wants to obtain Service from AT&T in connection with the Contract. 3. Agreement. AT&T and Member hereby agree to the terms and conditions of (i) the Contract; (ii) applicable terms and conditions posted or incorporated by reference on the AT&T Sourcewell Program Website and the relevant Service Publications for the Services that Member has selected. Access to the Contract is available at https://www.sourcewell-mn.gov/. 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. Adoption of Agreement. Member acknowledges and agrees that it is participating pursuant to the Agreement. 5. Service. AT&T agrees to provide Service to Member pursuant to the terms and conditions of the Agreement. By signing this Participation Agreement, Member acknowledges and agrees that it is liable for all charges incurred hereunder by Member. 6. Representations and Warranties. Member hereby represents and warrants that (i) it is a member in good standing of Sourcewell and will provide AT&T with verification of such membership upon reasonable request, and/or (ii) it is a governmental agency and will provide AT&T with verification of such status upon reasonable request. 7. Term. The term of this Participation Agreement will run concurrently with the term of the Contract. In the event the Contract is terminated prior to the expiration of the Contract, the term of each Participation Agreement shall continue through the term identified in that Participation Agreement. Any Services identified on the AT&T Sourcewell Program Website which, by their terms, are to exist for a specific period of time, will survive any termination or expiration of this Participation Agreement. 8. Default and Termination of Participation Agreement. Member agrees that it will be an event of default hereunder if Member is no longer a Member under the Agreement or otherwise fails to perform or comply with any term or condition of the Agreement. See the Contract for applicable Participation Agreement termination provisions. Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702 Contract I d : 6726683 Location I D:30251414316 Section 9. FirstNet Standard Plans; FirstNet Special Plans; Custom Equipment; and Recurring Credits. AT&T will provide Member the custom offers described in this §9 (collectively, the "Custom Offers"). All Custom Offers are available for the term of the PA. 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 §9 and the FirstNet Service Guide, any other applicable Service Guides, and applicable Sales Information, this §9 will control. 9.1 FirstNet Standard Plans. AT&T will provide Member the ability to purchase FirstNet Plans as described in the AT&T FirstNet Solution Service Guide (the "Standard FirstNet Plans"). Member may purchase The Standard FirstNet Plans for its authorized employees, contractors and agents who perform the job duties related to Member's approved FirstNet use cases (Member's "Agency Paid Users"). 9.2 FirstNet Special Plans. AT&T will provide Member the ability to purchase the FirstNet Special Plans described herein (the "FirstNet Special Plans"). FirstNet Special Plans are available for the term of the PA. 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 §9. TABLE 9.2 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 Standard Plan for smartphones existing Agency Paid User line of service to, the corresponding FirstNet ("Special Plan 1" Special Plan during the Offer Period FirstNet Mobile Special Select Unlimited — Activate a new Agency Paid User line of service on, or migrate an Enhanced Plan for smartphones existing Agency Paid User line of service to, the corresponding FirstNet ("Special Plan 2" Special Plan during the Offer Period FirstNet Mobile Special Core Unlimited — Standard Activate a new Agency Paid User line of service on, or migrate an Plan for feature phones and tablets existing Agency Paid User line of service to, the corresponding FirstNet ("Special Plan 3" Special Plan during the Offer Period Applicable Sales Information incorporated by reference into the Agreement. Sales Information found at www.firstnet.com/firstnetextprimaryselect and www.firstnet.com/firstnetext rima core. 9.3 Custom Equipment Pricing. To be eligible for Custom Equipment Pricing, Member must, during the term of the PA: (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 9.3 CUSTOM EQUIPMENT PRICING Qualified Device* FirstNet Special Plan Custom Equipment Price" Any smartphone found at vwwv.firstnet.com/devices with Sp ecial Plan 1 an undiscounted retail price of $449.00 or less found at $0.99 att.com/eguipmentlist 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 retailp rice less att.com/eguipmentlist $449.00 Any smartphone found at www.firstnet.com/devices Sp ecial Plan 2 with an undiscounted retail price of $699.99 or less found at $0.99 att.com/eguipmentlist Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702 Contract Id: 6726683 Location ID:30251414316 Any smartphone found at www.firstnet.com/devices with an undiscounted retail price of $700.00 or more found at att.com/equipmentlist Special Plan 2 An amount equal to the undiscounted retailp rice less $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. 9.4 Custom Equipment Pricing via Credits for Smartphones with Certain FirstNet Mobile Special Plans. To be eligible for Custom Equipment Pricing via Credits for Smartphones, Member must, during the term of the PA: (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 PA. TABLE 9.4 CUSTOM EQUIPMENT PRICING VIA CREDITS WITH CERTAIN FIRSNET MOBILE SPECIAL PLANS ualfie Device* Q d FirstNet Special. Plan Custom Equipment Price** Any smartphone found at www.firstnet.com/devices with an undiscounted retail price of $449.99 or less found at Special Plan 1 p $0.00 after u to $449.99 in credits p att.com/equipmentlist Any smartphone found at www.firstnet.com/devices with an Sp ecial Plan 1 An amount equal to the undiscounted retail undiscounted retail price of $450.00 or price less up to $449.99 in credits more found at att.com/equipmentlist Any smartphone found at www.firstnet.com/devices with an undiscounted retail price of $699.99 or less found at Special Plan 2 p $0.00 after u to $699.99 in credits p att.com/equipmentlist Any smartphone found at www.firstnet.com/devices with an undiscounted Special Plan 2 p An amount equal to the undiscounted retail retail price of $700.00 or more found at price less up to $699.99 in credits att.com/egui mentlist *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 Price 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, Customer 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 Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702 Contract Id: 6726683 Location ID:30251414316 Special Select Unlimited — Standard plan ,Customer will have36 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, Customer must maintain the Qualified Device on both the FirstNet Special Plan and the installment agreement for the entire term. If Customer 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. Customer 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 Customer's Retail Installment Agreement. 9.5. Recurring Credits on FirstNet Special Plans. Custom Equipment Pricing via Credits is available for the term of the PA. TABLE 9.5 RECURRING CREDITS ON FIRSTNET SPECIAL PLANS Recurring Credit FirstNet Special � . Eligibility Requirements Amount Plan* $20.00/month 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 $20.001month 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.** $10.001month Special Plan 3 • Activate a new Agency Paid User line of service on the corresponding FirstNet Special Plan during the Offer Period; and • Each eligible Agency Paid User line must continue to be on the corresponding $5.001month Special Plan 3 FirstNet Special Plan at the time the Recurring Credit is applied.** P g pp *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 Ia 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. 10. Financial Responsibility. Member must pay for all charges incurred under the Participation Agreement, provided that individual responsibility users (IRUs) and individuals receiving service under "subscriber paid" plans shall be individually responsible for all such charges incurred. 11. Termination/Cancellation Fee. See the Contract. 12. Good Faith Cooperation. With respect to all marketing responsibilities set forth herein, Member 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 Member's employees aware of the available discounts offered under this Participation Agreement. 13. Resale and Other Prohibited Uses. Member 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. Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702 Contract I d : 6726683 Location ID:30251414316 14. Consent to Disclosure. Member consents to the disclosure by AT&T to Sourcewell of information regarding Member's involvement and Equipment and Services under this Participation Agreement, the amount of revenue received by AT&T as a result of Member's participation under the Agreement, and such similar information arising in connection with the Agreement. 15. Equipment Payment Options. AT&T offers installment payment options for certain Equipment that require its customers to execute a corresponding installment payment agreement. In the event Member opts to use one of these installment payment options then: (a) Member will be required to execute such an installment payment agreement; and (b) Member represents, acknowledges and agrees that its participation in the installment payment option: (i) does not violate any applicable procurement rules in effect as of the Participation Agreement Effective Date; (ii) will not disqualify AT&T from any future procurements with Member; and (iii) it has fully appropriated funds to pay the total amount charged over the complete term of the installment payment agreement. [NO FURTHER TEXT ON THIS PAGE] Sourcewell PA FN Turnkey Offer Grant County Government jw8001 090723 SR 433702