HomeMy WebLinkAboutApprove Verizon Wireless State of Montana Term Contract
Commission Memorandum
REPORT TO: Honorable Mayor and Commission Members
FROM: Brendan Steele, IT Director
Chris Kukulski, City Manager
SUBJECT: Approval of contract for Voice Services with Verizon Wireless
MEETING DATE: March 9, 2009
RECOMMENDATION: Approval of Verizon Wireless contract.
BACKGROUND: The City has been looking for opportunities to simplify the administration
and decrease the costs of mobile phone service. The city currently has 94 mobile phones that
need coverage. The City will save the most if we utilize the Verizon Wireless, Local Plan with
pooled minutes for these accounts. We are currently spending $2,400 per month on these
services, under a number of different Verizon accounts and plans. Consolidating to the same
plan type with pooled minutes will cost $1,900 per month; for a savings of $500 per month
($6,000 per year.)
FISCAL EFFECTS: Because these devices are spread throughout the organization, many
budgets and funds will see a reduction in the cost of telephone services; a total savings of $500
per month ($6,000 per year), or a 20% reduction in costs.
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ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Brendan Steele, IT Director Chris Kukulski, City Manager
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S:\Forms\Covertc.doc
Revised 3/02
STATE OF MONTANA TERM CONTRACT
Department of Administration
State Procurement Bureau
Room 165 Mitchell Building
PO Box 200135
Helena, MT 59620-0135
Phone: (406) 444-2575 Fax: (406) 444-2529
T.C. # SPB03-36B
CELLULAR TELEPHONE
This is a non-exclusive contract. FROM July 17, 2007 NEW ( )
TO
June 30, 2008
CONTRACT
YEAR
RENEW (X) 3rd Renewal, 6th Year
VENDOR
ADDRESS
Gold Creek Cellular of Montana
Limited Partnership d/b/a as
Verizon Wireless By Cellular Inc.
Network, Its General Partner
2685 Palmer Street
Palmer Professional Center, Suite F
Missoula, MT 59808
ATTN: See Attachment B for contact
information and numbers
PHONE:
FAX:
Prices: Equipment Pricing 2nd Quarter 2005
Delivery: 1 to 5 days
F.O.B.: Destination
Terms: Net 30 days Rev. 03/27/07, Amendment 8
IFB/RFP No:
RFP # 02-514B
AUTHORIZED SIGNATURE
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STATE OF MONTANA - TERM CONTRACT
Standard Terms and Conditions
By submitting a bid, proposal, or limited solicitation, or acceptance of a contract, the vendor
agrees to the following binding provisions:
________________________________________________________________________________
ACCEPTANCE/REJECTION OF BIDS, PROPOSALS, OR LIMITED SOLICITATION RESPONSES:
The State reserves the right to accept or reject any or all bids, proposals, or limited solicitation
responses, wholly or in part, and to make awards in any manner deemed in the best interest of the
State. Bids, proposals, and limited solicitation responses will be firm for 30 days, unless stated
otherwise in the text of the invitation for bid, request for proposal, or limited solicitation.
ACCESS AND RETENTION OF RECORDS: The contractor agrees to provide the department,
Legislative Auditor, or their authorized agents, access to any records necessary to determine contract
compliance (Mont. Code Ann. § 18-1-118). The contractor agrees to create and retain records
supporting the services rendered or supplies delivered for a period of three years after either the
completion date of the contract or the conclusion of any claim, litigation, or exception relating to the
contract taken by the State of Montana or third party.
ASSIGNMENT, TRANSFER AND SUBCONTRACTING: The contractor shall not assign, transfer or
subcontract any portion of the contract without the express written consent of the department. (Mont.
Code Ann. § 18-4-141.)
AUTHORITY: The following bid, request for proposal, limited solicitation, or contract is issued in
accordance with Title 18, Montana Code Annotated, and the Administrative Rules of Montana, Title 2,
chapter 5.
COMPLIANCE WITH LAWS: The contractor must, in performance of work under the contract, fully
comply with all applicable federal, state, or local laws, rules and regulations, including the Montana
Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans
with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or
subcontracting by the contractor subjects subcontractors to the same provision. In accordance with
section 49-3-207, MCA, the contractor agrees that the hiring of persons to perform the contract will be
made on the basis of merit and qualifications and there will be no discrimination based upon race,
color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national
origin by the persons performing the contract.
CONFORMANCE WITH CONTRACT: No alteration of the terms, conditions, delivery, price, quality,
quantities, or specifications of the contract shall be granted without prior written consent of the State
Procurement Bureau. Supplies delivered which do not conform to the contract terms, conditions, and
specifications may be rejected and returned at the contractor's expense.
DEBARMENT: The contractor certifies that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction (contract) by any governmental department or agency. If the contractor cannot certify
this statement, attach a written explanation for review by the State.
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DISABILITY ACCOMMODATIONS: The State of Montana does not discriminate on the basis of
disability in admission to, access to, or operations of its programs, services, or activities. Individuals,
who need aids, alternative document formats, or services for effective communications or other
disability-related accommodations in the programs and services offered, are invited to make their
needs and preferences known to this office. Interested parties should provide as much advance
notice as possible.
FACSIMILE RESPONSES: Facsimile responses will be accepted for invitations for bids, small
purchases or limited solicitations ONLY if they are completely received by the State Procurement
Bureau prior to the time set for receipt. Bids, or portions thereof, received after the due time will not
be considered. Facsimile responses to requests for proposals are ONLY accepted on an exception
basis with prior approval of the procurement officer.
FAILURE TO HONOR BID/PROPOSAL: If a bidder/offeror to whom a contract is awarded refuses to
accept the award (PO/contract) or, fails to deliver in accordance with the contract terms and
conditions, the department may, in its discretion, suspend the bidder/offeror for a period of time from
entering into any contracts with the State of Montana.
HOLD HARMLESS/INDEMNIFICATION: The contractor agrees to protect, defend, and save the
State, its elected and appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, causes of action of any kind or
character, including the cost of defense thereof, arising in favor of the contractor's employees or third
parties on account of bodily or personal injuries, death, or damage to property arising out of services
performed or omissions of services or in any way resulting from the acts or omissions of the
contractor and/or its agents, employees, representatives, assigns, subcontractors, except the acts or
omissions of the State, under this agreement.
Contractor’s liability for injury to persons or property, including bodily injury, shall be limited to
damages arising from its own negligent or intentional acts or omissions. Except in the case of bodily
injury resulting from Contractor’s own negligent or intentional acts or omissions, in no event shall
either party be liable for any indirect, special, consequential or incidental damages, however caused,
which are incurred by the other party and which arise out of any act or failure to act relating to this
agreement.
INTELLECTUAL PROPERTY: All patents and other legal rights in or to inventions arising out of
activities funded in whole or in part by the contract must be available to the State for royalty-free and
nonexclusive licensing. The contractor shall notify the State in writing of any invention conceived or
reduced to practice in the course of performance of the contract. The State shall have a royalty-free,
nonexclusive, and irrevocable right to reproduce, publish or otherwise use and authorize others to
use, copyrightable property created under the contract.
LATE BIDS AND PROPOSALS: Regardless of cause, late bids and proposals will not be accepted
and will automatically be disqualified from further consideration. It shall be solely the vendor's risk to
assure delivery at the designated office by the designated time. Late bids and proposals will not be
opened and may be returned to the vendor at the expense of the vendor or destroyed if requested.
PAYMENT TERM: All payment terms will be computed from the date of delivery of supplies or
services OR receipt of a properly executed invoice, whichever is later. Unless otherwise noted, the
State is allowed 30 days to pay such invoices.
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RECIPROCAL PREFERENCE: The State of Montana applies a reciprocal preference against a
vendor submitting a bid from a state or country that grants a residency preference to its resident
businesses. A reciprocal preference is only applied to an invitation for bid for supplies or an invitation
for bid for nonconstruction services for public works as defined in section 18-2-401(9), MCA, and then
only if federal funds are not involved. For a list of states that grant resident preference, see
http://www.discoveringmontana.com/doa/gsd under Reciprocal Preference.
REFERENCE TO CONTRACT: The contract (Purchase Order) number MUST appear on all invoices,
packing lists, packages and correspondence pertaining to the contract.
REGISTRATION WITH THE SECRETARY OF STATE: Any business intending to transact business
in Montana must register with the Secretary of State. Businesses that are incorporated in another
state or country, but which are conducting activity in Montana, must determine whether they are
transacting business in Montana in accordance with sections 35-1-1026 and 35-8-1001, MCA. Such
businesses may want to obtain the guidance of their attorney or accountant to determine whether
their activity is considered transacting business.
If businesses determine that they are transacting business in Montana, they must register with the
Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing
in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-
3665, or visit their website at http://www.state.mt.us/sos.
SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any
provision of the contract is illegal and void shall not affect the legality and enforceability of any other
provision of the contract, unless the provisions are mutually dependent.
SHIPPING: Supplies shall be shipped prepaid, F.O.B. Destination, unless the contract specifies
otherwise.
SOLICITATION DOCUMENT EXAMINATION: Vendors shall promptly notify the State of any
ambiguity, inconsistency, or error, which they may discover upon examination of a solicitation
document.
TAX EXEMPTION: The State of Montana is exempt from Federal Excise Taxes (#81-0302402).
TECHNOLOGY ACCESS FOR BLIND OR VISUALLY IMPAIRED: Contractor acknowledges that no
state funds may be expended for the purchase of information technology equipment and software for
use by employees, program participants, or members of the public unless it provides blind or visually
impaired individuals with access, including interactive use of the equipment and services, that is
equivalent to that provided to individuals who are not blind or visually impaired. (Mont. Code Ann. §
18-5-603.) Contact the State Procurement Bureau at (406) 444-2575 for more information concerning
nonvisual access standards.
TERMINATION OF CONTRACT FOR BREACH : Unless otherwise stated, the State may, by written
notice to the contractor, terminate the contract in whole or in part at any time the contractor fails to
perform the contract. The State shall have the right to terminate this Agreement upon thirty (30) days
written notice to Contractor if Contractor materially breaches this Agreement and fails to cure such
breach upon thirty (30) days written notice of such breach to Contractor, if such breach is capable is
capable of being cured, or if Contractor takes any action which has a materially adverse effect on the
State’s rates, Calling plans or services under this Agreement.
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UNAVAILABILITY OF FUNDING: The contracting agency, at its sole discretion, may terminate or
reduce the scope of the contract upon thirty (30) days written notice to Contractor if available funding
is reduced for any reason. (Mont. Code Ann. § 18-4-313 (3).)
U.S. FUNDS: All prices and payments must be in U.S. dollars.
VENUE: This solicitation is governed by the laws of Montana. The parties agree that any litigation
concerning this bid, request for proposal, limited solicitation, or subsequent contract, must be brought
in the First Judicial District in and for the County of Lewis and Clark, State of Montana, and each
party shall pay its own costs and attorney fees. (Mont. Code Ann. § 18-1-401.)
WARRANTIES: The State acknowledges that Contractor is not the manufacturer of the wireless
telephone units (“wireless phone(s)”). Contractor agrees to assign to the State any of the
manufacturers’ consumer warranties received by Contractor with respect to the wireless phones, and
Contractor will make available optional wireless phone warranty coverage as described in Section
8.0.4 of Contractor’s RFP response. In addition, Contractor warrants for the term of this Agreement
that items offered will conform to the specifications requested, to be fit and sufficient for the purpose
manufactured, of good material and workmanship and free from defect or Contractor will repair or
replace such defective equipment during the term of the Agreement. Items offered must be new and
unused and of the latest model or manufacture, unless otherwise specified by the State. They shall
be similar in quality and performance to those indicated herein. Descriptions used herein are
specified solely for the purpose of indicating standards of quality, performance and/or use desired.
Exceptions will be rejected.
Revised 3/02
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CELLULAR TELEPHONE
VERIZON WIRELESS
1. Parties
2. Effective Date, Duration and Renewal
3. Services and Equipment
4. Consideration/Payments
5. Access and Retention of Records
6. Assignment, Transfer and Subcontracting
7. Favorable Prices
8. Hold Harmless/Indemnification
9. Tax Exemption
10. Contract Performance Security
11. Insurance
12. Compliance with the Workers’ Compensation Act
13. Intellectual Property
14. Compliance With Laws
15. Contract Termination
16. Liaison and Service of Notices
17. Meetings
18. Project Management and Implementation
19. Choice of Law and Venue
20. Scope, Amendment and Interpretation
21. Contractor Assessment
22. Agreements
23. Contractor Marketing
24. Non-Exclusive Contract
25. Execution
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WIRELESS TELEPHONE SOLUTIONS - EQUIPMENT & SERVICE CONTRACT - VERIZON
WIRELESS
1. PARTIES
THIS CONTRACT, is entered into by and between the State of Montana, Department of
Administration, Information Technology Services Division (hereinafter referred to as “ITSD”),
on behalf of all state entities and the Montana University System, and Gold Creek Cellular of
Montana Limited Partnership d/b/a as Verizon Wireless By Cellular Inc. Network, Its General
Partner (hereinafter referred to as the “Contractor”). ITSD is located at 118 North Roberts
Street, Annex Building, Helena, Montana 59620-0113 and the phone number is 406-444-2700.
Contractor information is as follows:
Fed ID 81-0512877
Address Palmer Professional Center
2685 Palmer Street, Suite F
Missoula, MT 59808
Phone (406) 829-6132
Fax (406) 457-8480
THE PARTIES AGREE AS FOLLOWS:
2. EFFECTIVE DATE, DURATION AND RENEWAL
(a) This contract (#SPB03-36B) took effect on July 17, 2002. The contract is renewed for the
period of July 17, 2007 through June 30, 2008. This is the third renewal and the sixth year of
this contract.
(b) This contract may, upon mutual agreement between the parties and according to the terms
of the existing contract, be extended in one (1) year intervals, or any interval that is
advantageous to the State, for a period not to exceed ten (10) years total.
3. SERVICES AND EQUIPMENT
Contractor agrees to provide to the State of Montana the Wireless Telephone Equipment and
Services described in this contract.
4. CONSIDERATION/PAYMENTS
(a) In consideration for the equipment and services to be provided, state entity will pay within
30 days following a 30-day acceptance period, commencing the date the services and
equipment are received and operational.
(b) ITSD or state entity may withhold payments to the contractor if the contractor has not
performed in accordance with this contract. Such withholding cannot be greater than the
additional costs to ITSD or state entity caused by the lack of performance.
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5. ACCESS AND RETENTION OF RECORDS
(a) The Contractor agrees to provide ITSD, Legislative Auditor or their authorized agents
access to any records necessary to determine contract compliance. (Ref: 18-1-118, MCA)
(b) The Contractor agrees to create and retain records supporting the services rendered for a
period of three years with either the completion date of this contract or the conclusion of
any claim, litigation or exception relating to this contract taken by the State of Montana or a
third party.
6. ASSIGNMENT, TRANSFER AND SUBCONTRACTING
The Contractor shall not assign, transfer or subcontract any portion of this contract without the
express written consent of ITSD. (Montana Code Annotated § 18-4-141.)
7. FAVORABLE PRICES
In the event Contractor generally reduces its commercially advertised rates for its similarly
situated customers, the State may transfer its lines to the new rate plan provided the State
meets all the requirements and all of the terms and conditions of the new rate plan. Special
benefits incorporated in the current Agreement may not be applicable under the new rate plan.
8. HOLD HARMLESS/INDEMNIFICATION
The Contractor agrees to protect, defend, and save the State, its elected and appointed
officials, agents and employees, while acting within the scope of their duties as such, harmless
from and against all claims, demands, and causes of action of any kind or character, including
the cost of defense, arising in favor of the contractor’s employees or third parties on account of
bodily or personal injuries, death, or damage to property arising out of services performed, or
omissions of services or in any way resulting from the acts or omission of the contractor the
and/or its agents, employees, representatives, assigns, subcontractors, except the acts or
omissions of the State, under this contract.
Contractor’s liability for injury to persons or property, including bodily injury, shall be limited to
damages arising from its own negligent or intentional acts or omissions. Except in the case of
bodily injury resulting from Contractor’s own negligent or intentional acts or omissions, in no
event shall either party be liable for any indirect, special, consequential or incidental damages,
however caused, which are incurred by the other party and which arise out of any act or failure
to act relating to this agreement.
9. TAX EXEMPTION
The State of Montana is exempt from Federal Excise Taxes (#81-0302402).
10. CONTRACT PERFORMANCE SECURITY (Receipt of)
Contract performance security in the form of a Surety Bond in the amount of $250,000 has
been received by the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135.
All contract performance security, except bonds, will be returned to the Contractor after
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successful completion of the contract. This security must remain in effect for the entire contract
period.
11. INSURANCE
General Requirements: The Contractor shall maintain for the duration of the contract, at its
cost, and expense, insurance against claims for injuries to persons or damages to property,
including contractual liability which may arise from or in connection with the performance of
work by the contractor, agents, employees, assigns, or subcontractors. This insurance shall
cover such claims as may be caused by any negligent act, or omission.
Primary Requirements: The Contractor’s insurance coverage shall be primary insurance as
respect to the State, its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the State, its officers, officials, employees or volunteers shall be
excess of the contractor’s insurance and shall not contribute with it.
Specific Requirements for Commercial General Liability: The Contractor shall purchase
and maintain Occurrence coverage with combined single limits for bodily injury, personal injury
and property damage of $1,000,000 per occurrence and $2,000,000.00 aggregate per year to
cover such claims as may be caused by any act, omission, or negligence of the contractor or
its officers, agents, representatives, assigns, or subcontractors.
Additional Insured Status: The State, its officers, officials, employees, and volunteers are to
be covered as additional insureds; for liability arising out of activities performed by or on behalf
of the contractor, including the insured’s general supervision of the contractor; products and
completed operations, premises owned, leased, occupied, or used.
Certificate of Insurance: A certificate of insurance, indicating compliance with the required
coverage, has been received by the State Procurement Bureau, P.O. Box 200135, Helena, MT
59620-0135. The Contractor must notify the State immediately, of any material change in
insurance coverage, such as changes in limits, coverage, change in status of policy, etc.
12. COMPLIANCE WITH THE WORKERS’ COMPENSATION ACT
Contractors are required to comply with the provisions of the Montana Workers’ Compensation
Act while performing work for the State of Montana in accordance with sections 39-71-120, 39-
71-401, and 39-71-405, MCA. Proof of compliance must be in the form of workers’
compensation insurance, an independent contractor’s exemption, or documentation of
corporate officer status. Neither the contractor nor its employees are employees of the State.
This insurance/exemption must be valid for the entire contract period. A renewal document
must be sent to the State Procurement Bureau, P.O. Box 200135, Helena, MT 59620-0135,
upon expiration.
13. INTELLECTUAL PROPERTY
(a) All patents and other legal rights in or to inventions arising out of activities funded in whole
or in part by this contract must be available to the State for royalty-free and nonexclusive
licensing. The Contractor shall notify the State in writing of any invention conceived or
reduced to practice in the course of performance of this contract.
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(b) The State shall have a royalty-free, nonexclusive, and irrevocable right to reproduce,
publish or otherwise use and authorize others to use, copyrightable property created under
this contract.
14. COMPLIANCE WITH LAWS
The contractor must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules, and regulations including the Montana Human
Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans
with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting
or subcontracting by the contractor subjects subcontractors to the same provision. In
accordance with Section 49-3-207, MCA, the contractor agrees that the hiring of persons to
perform this contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon of race, color, religion, creed, political ideas, sex, age, marital
status, physical or mental disability, or national origin by the persons performing the contract.
15. CONTRACT TERMINATION
(a) The State shall have the right to terminate this Agreement upon thirty (30) days written
notice to Contractor if Contractor materially breaches this Agreement and fails to cure such
breach upon thirty (30) days written notice of such breach to Contractor, if such breach is
capable of being cured, or if Contractor takes any action which has a materially adverse
effect on the State’s rates, Calling plans or service under this Agreement. The State shall
have no liability for Early Termination Fees (“ETFs”) for lines of service terminated for
material breach.
(b) ITSD, at its sole discretion, may terminate or reduce the scope of this contract upon thirty
(30) days written notice to Contractor if available funding is reduced for any reason.
(Montana Code Annotated § 18-4-313(3).)
(c) The term of service for each new State line of service will begin on the date service is
activated on that State line of service and will continue for a term selected by the State for
that State line of service (not less than one (1) year (“Customer Line Term”). The State will
pay an ETF of up to one hundred seventy-five dollars ($175.00) for each new State line of
service activated under this Agreement that is terminated prior to the expiration of the
applicable Customer Line Term, subject to section 15(a).
16. LIAISON AND SERVICE OF NOTICES
Written notices or complaints will first be directed to the liaison.
(a) Contractor Liaison:
Area General Counsel
Verizon Wireless
Legal Department
15505 Sand Canyon Ave
Irvine, CA 92618
(949) 286-7003
(949) 286-7010 fax
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(b) ITSD Operations Liaison:
Mike Leone
Network Technology Services Bureau
Information Technology Services Division
Room 23, Mitchell Building
Helena, MT 59620-0113
Telephone: (406) 444-2861
(406) 444-5545
(c) ITSD Contract Management Liaison:
This Contract is managed by the Information Technology Services Division of the Department
of Administration for the State of Montana in accordance with 2-17-501, MCA. Contract
management inquires and problems should be addressed to:
Doug Bermingham
Procurement Services Bureau
Information Technology Services Division
118 N. Roberts, Annex Building
Helena, MT 59620-0113
Telephone: (406) 444-2913
Fax: (406) 444-4644
17. MEETINGS
The Contractor is required to meet with ITSD personnel, or designated representatives, to
resolve technical or contractual problems that may occur during the term of the contract.
Meetings will occur as problems arise and will be coordinated by ITSD. The Contractor will be
given a minimum of three (3) full working days notice of meeting date, time, and location. Face
to face meetings are desired.
However, at the contractor’s option and expense, a conference call meeting may be
substituted. Consistent failure to participate in problem resolution meetings (two (2)
consecutive missed or rescheduled meetings), or to make a good faith effort to resolve
problems, may result in termination of the contract.
18. PROJECT MANAGEMENT AND IMPLEMENTATION
All project management and coordination on behalf of ITSD shall be through a single point of
contact designated as the ITSD Project Manager. Contractor shall designate a Contractor
Project Manager who will provide the single point of contact for management and coordination
of contractor’s work. All work performed pursuant to this contract shall be coordinated
between the ITSD Project Manager and the Contractor Project Manager.
Sibyl Govan will be the ITSD Project Manager.
Matt Fowler will be the Contractor Project Manager.
ITSD Project Manager/Contractor Project Manager may not be changed without the written
consent of the other Party, which consent may not be unduly or unreasonably withheld.
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19. CHOICE OF LAW AND VENUE
This contract is governed by the laws of Montana. The parties agree that any litigation
concerning this bid, request for proposal, or subsequent contract, must be brought in the First
Judicial District in and for the County of Lewis and Clark, State of Montana, and each party
shall pay its own costs and attorney fees. (See Montana Code Annotated § 18-1-401).
20. SCOPE, AMENDMENT AND INTERPRETATION
(a) This contract consists of 13 numbered pages, Attachments A and B, and any additional
pages as required, RFP #02-514B as amended and the contractor’s response as amended.
In the case of dispute or ambiguity about the minimum levels of performance by the
Contractor the order of precedence of document interpretation is in the same order.
(b) These documents contain the entire agreement of the parties. Any enlargement, alteration
or modification requires a written amendment signed by both parties.
21. CONTRACTOR ASSESSMENT
The State may make assessments of the contractor’s performance. This contract may be
cancelled for one or more poor performance assessments. Contractors will have the
opportunity to respond to poor performance assessments. The Information Technology
Services Division (ITSD) will make any final decision to cancel this contract based on the
assessment and any related information, the contractor’s response and the severity of any
negative performance assessment. The contractor will be notified in writing with a justification
of contract cancellation.
22. AGREEMENTS
The State will enter into one-year agreements for individual state employee plans under this
contract when a new account is established and/or when new benchmark equipment is
ordered.
23. CONTRACTOR MARKETING
Contractor will only market equipment and services as per the contract and approved by the
ITSD. Contractor may market services only to the designated wireless telephone
representative for each state entity. ITSD will name the state entity representatives and
provide that list to the contractor.
24. NON-EXCLUSIVE CONTRACT
The intent of this contract is to provide state agencies with an expedited means of procuring
supplies and/or services. This contract is for the convenience of state agencies and is
considered by the State Procurement Bureau to be a “Non-exclusive” use contract. Therefore,
agencies may obtain this product/service from sources other than the contract holder(s) as
long as they comply with Title 18, MCA, and their delegation agreement. The State
Procurement Bureau does not guarantee any usage.
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25. EXECUTION
The parties through their authorized agents have executed this contract on the dates set out
below:
Montana Department Of Gold Creek Cellular of Montana
Administration – Limited Partnership d/b/a as
Information Technology Verizon Wireless By Cellular
Services Division Inc. Network, Its General Partner
2685 Palmer Street
Palmer Professional Center, Suite F
Missoula, MT 59808
Federal ID # 81-0512877
Richard B. Clark Burnetta L. Tate
CIO West Area Vice President – Marketing and Sales
Operations
Date Date
Approved as to form and legal content:
Legal Counsel Date
Department of Administration
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A-1
WIRELESS TELEPHONE SOLUTIONS
EQUIPMENT & SERVICES CONTRACT
VERIZON WIRELESS
Attachment A
STATE OF MONTANA RATE PLANS
07-12-2002
#1 - Low-Usage Plan (State of Montana Standard)
DGM4
$10.99 per month
Included Minutes: 105
Per Minute Rate: $0.20
Billing Increment: 30 second rounding; 1 minute minimum
Included Features: Voicemail, 3 Way Calling, Call Waiting, Call Forwarding, Free long
distance in MT, Caller ID
Includes choice of the following benchmark phones:
Motorola v120c, zero cost and waived activation
Microtac 650, zero cost and waived activation (analog handset
available while supplies last)
Or any current digital phone at current activation pricing.
#2 - Normal Usage Plan (State of Montana Plus)
DGM5
$19.99 per month
Included Minutes: 330
Per Minute Rate: $0.10
Billing Increment: 30 second rounding; 1 minute minimum
Included Features: Voicemail, 3 Way Calling, Call Waiting, Call Forwarding, Free long
distance in MT, Caller ID
Includes choice of the following benchmark phones:
Motorola v120c, zero cost and waived activation
Microtac 650, zero cost and waived activation (analog handset
available while supplies last)
Or any current digital phone at current activation pricing.
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A-2
* Plans listed above pool minutes between all phones on the same account, in the same market
area.
America’s ChoiceSM
Monthly Access $35 $45 $55 $75 $100 $150 $200
Monthly Home Airtime
Allowance 300
minutes
400
minutes
550
minutes
900
minutes
1,200
minut
es
2,000
minut
es
3,000 minutes
Per Minute Rate (After
Allowance) $0.40 $0.35 $0.35 $0.35 $0.25 $0.25 $0.20
• Domestic long distance is included.*
• Domestic roaming is $0.69/minute.
*Airtime charges apply. # Call delivery charge of
$0.15/minute applies to calls received while roaming.
America’s ChoiceSM Included features: Enhanced Voice Mail* ++, Mobile MessengerSM+ ++,
411 ConnectSM + ++ , Caller ID++, Call Waiting*, Call Forwarding** ++, No Answer/Busy
Transfer** ++, 3-Way Calling*, New Every TwoSM+ ***
* Airtime charges apply to all calls simultaneously.
Airtime charges apply to message retrieval.
** Airtime and domestic long distance charges apply to forwarded/transferred calls even if
you send the calls to wireline telephones.
† See product brochure for details.
†† Not available everywhere.
Monthly Access $25 $35 $45 $55 $75 $100
Monthly Home Airtime
Allowance
100
minutes
350
minutes
550
minutes
750
minutes
1,000
minutes
1,400
minutes
Home Airtime Per
Minute Rate After
Allowance
$0.40 $0.40 $0.35 $0.35 $0.35 $0.25
• Domestic long distance is $0.15/minute from your Home Airtime Rate Area.*
• Domestic roaming is $0.65/minute (includes domestic long distance charges).#
CDMA phone required.
SingleRateSM National
SingleRate
150
SingleRate
400
SingleRate
600
SingleRate
900
SingleRate
1500
SingleRate
2000
SingleRate
3000
Monthly
Access $35 $55 $75 $100 $150 $200 $300
Included
Anytime
Allowance
150
minutes
400
minutes
600
minutes
900
minutes
1500
minutes
2000
minutes
3000
minutes
Per Minute
Rate (after
Allowance)
$0.40 $0.35 $0.35 $0.25 $0.25 $0.20 $0.20
102
A-3
Roaming Included
Domestic
Long
Distance
Included
* Plans listed above DO NOT pool minutes between all phones on the same account
In the same market areas as with plans 1 and 2.
SingleRateSM National Included features: Basic Voice Mail w/Message Waiting
Indicator* ++, Mobile MessengerSM+ ++, 411 ConnectSM + ++ , Caller ID+ ++, Call
Waiting*, Call Forwarding** ++, No Answer/Busy Transfer** ++, 3-Way Calling*
* Airtime charges apply to all calls simultaneously.
Airtime charges apply to message retrieval.
** Airtime and domestic long distance charges apply to forwarded/transferred
calls even if you send the calls to wireline telephones.
† See product brochure for details.
†† Not available everywhere.
103
B-1
Attachment B
VERIZON CONTACTS
Central Point Of Contacts 1-800-942-2060
Option 1 Matt Fowler Option 3 Alyson Cork
Option 2 Alex Duman *NEW Option 4 Kristin Wirth
Option 5 Kelda Hook *NEW OPTION
Government Major Account Managers
Matt Fowler 1-800-942-2060 Option 1 Alex Duman 1-800-942-2060 Option 2
Matt.fowler@verizonwireless.com Alex.duman@verizonwireless.com
Fax 1-406-443-4432 Fax 1-406-549-1589
Cell phone (406) 544-1000 Cell phone (406) 546-7000
3337 North Montana Ave 2685 Palmer St, Ste F
Helena, MT 59602 Missoula, MT 59808
Denice and Alex are your contact for all Government Paid Accounts for ordering new lines of
service, phones & accessories. New product training, questions regarding the STMT contract &
RFP’s, proposals & disconnects. Please see attached map for your designated account manager.
Alyson Cork, Business Sales Associate 1-800-942-2060 Option 3
Alyson.cork@verizonwireless.com
Fax 1-406-549-1589
Palmer Professional Center
2685 Palmer St.
Missoula, MT 59808
Alyson is your contact for ESN Changes, voice mail questions, technical support, warranty issues
and equipment upgrades, and rate plan changes.
Kristin Wirth, Business Sales Representative 1-800-942-2060 Option 4
Kristin.wirth@verizonwireless.com
Fax 1-406-549-1589 Cell phone (406) 544-9988
Palmer Professional Center
2685 Palmer St.
Missoula, MT 59808
Kristin is your contact for all Government Employees Personal Accounts for ordering new lines of
service, phone upgrades and accessories.
Kelda Hook, Account Specialist 1-800-942-2060 Option 5
Kelda.hook@verizonwireless.com
Fax 1-800-437-4664
Kelda is your contact for any billing issues, questions and rate plan changes.
Customer Service 800-922-0204 or *611 on your cell phone
104
B-2
Division of State of Montana Agencies
Matt Fowler, Major Acct Mgr Alex Duman, Major Acct Mgr
800-942-2060 X 1 800-942-2060 X 2
DPHHS Fish, Wildlife & Parks
Military Affairs Dept of Transportation
Dept of Justice Dept of Corrections
Dept of Labor & Industry Office of Public Instruction
DNRC Dept of Commerce
Dept of Administration Dept of Environmental Quality
Dept of Revenue Dept of Livestock
U of M / Montana Tech Dept of Agriculture
Higher Education Governors Office
Board of Education SD&B Montana State University
Historical Society Montana State Prison
Compensation Fund Secretary of State
Miscellaneous
105
B-3 Term Contract # SPB03-36B Attachment C (for the Montana State University System only) BlackBerry Wireless Voice/ Data Products and Services Term Term List Price Contract Notes CALS number List Price Contract Server Software Large - includes 1st 20 CALs up to 500 users $5,000.00 $5,000.00 Client Access License (CAL) Additional CALS 1 $64.00 $64.00 Small - includes 1st 5 CALs up to 15 users $800.00 $800.00 Additional CALS 10 $520.00 $520.00 Additional CALS 100 $3,999.20 $3,999.20 Technical Support Services - per Server, per Year See BlackBerry Support document for more details on service Level 1 - 12x5, 2 named callers $1,500.00 $1,500.00 Tel + Web support, software releases Level 2 - 24x7, 4 named callers $3,600.00 $3,600.00 Tel + Web support, software releases Level 3 - 24x7, 5 named callers + add'l $15,000.00 $15,000.00 Above + 10 free incidents Level 4 - 24x7, 10 named callers + add'l $57,500.00 $57,500.00 Above + 15 free incidents Level 5 - 24x7, 10 named callers + add'l $82,500.00 $82,500.00 Above + 20 free incidents + Tech-to-Site assistance Handset Includes Companion & Desktop Software CDs, Battery Door, Earbud, Lens Wipe, 1 Desktop Sync/Charging Cradle, ORG, Standard Battery, Swivel Holster Color Handset $499.99 $329.99 1 Year warranty; optional $4.99 insurance/mon w/ $50 deductible Accessories BAT-Standard Slim Lith Ion $59.99 $44.99 Battery Door $4.99 $3.74 Battery Port Sync Cradle $69.99 $52.49 Docking/Charging USB Cradle $59.99 $44.99 Headset – Earbud $19.99 $14.99 Holster $14.99 $11.24 Leather Folding Case $24.99 $18.74 Travel Charger $29.99 $22.49 USB Charging Data Cable $29.99 $22.49 Vehicle Power Charger $29.99 $22.49 Monthly Service Data Only - Flat Rate - 2 Year Contract $49.99 $42.49 Phone calls are $.25/minute air time Data & Voice - Use BlackBerry as phone 2 Year contract + Low usage phone $80.00 $49.24 Data is $38.25, Voice is $10.99 (105 minutes) 2 Year contract + Normal usage phone $80.00 $58.24 Data is $38.25, Voice is $19.99 (330 minutes) 2 Year contract + Other usage plan 15% discount 106
B-4 Continued table… Data & Voice - Use Verizon phone as phone (can't use Blackberry as phone unless you pay $.25/minute) - you will have 2 devices to use 2 Year contract + Low usage phone $80.00 $53.49 Data is $42.50, Voice is $10.99 (105 minutes) 2 Year contract + Normal usage phone $80.00 $62.49 Data is $42.50, Voice is $19.99 (330 minutes) 2 Year contract + Other usage plan 15% discount Text Messaging (for paging) 2.99 2.99 100 text messages a month 4.99 4.99 250 text messages a month 7.99 7.99 500 text messages a month 9.99 9.99 1000 text messages a month Verizon Wireless and BlackBerry may offer special promotional pricing with deeper discounts from time to time Until November 30, 2005, the large server software is free with purchase of 20 handsets with 2-year contract for monthly service 107