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HomeMy WebLinkAboutAgr 1999-12-8 (Pac Bell/Cal Net)TOWN OF TIBURON , 1'~Ca 1505 TIBURON BOULEVARD • TIBURON • CALIFORNIA 94920 • (415) 435-7373 FAX (415) 435-2438 December 9, 1999 Mr. Rich Tunheim Account Manager _ Pacific Bell 6000 State Farm Drive, Room 212B Rohnert Park, CA 94928 SUBJECT: TOWN OF TIBURON - CAL NET CONTRACT Dear Rich: Enclosed are two signed copies of the above contract per our conversation on Wednesday, December 8, 1999. Please return one copy in the enclosed, self-addressed stamped envelope. Happy Holidays, and thanks again for your cooperation in this matter. Very truly yours, <:Y/ Diane Crane Iacopi Town Clerk Enclosures cc: Town Manager i u 'Ag pe tape^:~:' e ~3N~ REQUEST IS FOR ❑ INFORMATION ❑ SERVICE SUBMIT ALL COMPIES, INTACT, TO TELECOMMUNICATIONS DIVISION STATE OF CALIFORNIA TE: .IAMUNICATIONS SERVICE RI ~T ❑ EXCEEDS SAM - AGENCY REQUEST NO. SEE SAM 4500 ❑ DOES NOT EXCEED SAM - SECTIONS DATE DEPARTMENT DIVISION, BUREAU, ETC. Town of Tiburon n/a ADDRESS OF PRESENT SERVICE (INCLUDE CITY AND ZIP) ADDRESS OF REQUESTED SERVICE (INCLUDE CITY AND ZIP) 1505 Tiburon Blvd. Same Tiburon, CA. 94920 ROOM NO. ROOM NO PERSON TO CONTACT FOR ACCESS TELEPHONE NO. LOCATION ROOM NO. Diane Crane 415435-73 7 7 Town Hall BILLING ADDRESS (INCLUDE CITY AND ZIP) VENDOR ACCT. NO. UTILITY PRIMARY BILL NO. Same as above 415-435-7300- TELEPHONE NUMBER(S) INVOLVED REQUESTED DATE OF SERVICE GENERAL SERVICES AGENCY CODE All Upon completion of signatures n/a v• • • ~ v •1Ll/V GJI ❑ BUSINESS SERVICE ❑ SINGLE LINE ❑ KEYSYSTEM ❑ PBX CENTREX SERVICE ❑ SINGLE LINE ❑ KEYSYSTEM ❑ CALDEX ❑ WATS ❑ FEX BRIEFLY DESCRIBE PRESENT SERVICE Centrex with voice mall services ❑ CALNET ATTACH ONE ( REPRESENTATIVE MONTHS ) ❑ STATE AGENCY ❑ TAX SUPPORTED ATTACH COPY OF CHARTER OR OTHER ( DOCUMENTS SHOWING TAX SUPPORTED ❑ CALNET CALLING CARD (Include TD 907) ❑ OTHER ❑ MOBILE TELEPHONE ❑ CELLULAR ❑ OTHER PRESENT EQUIPMENT VENDOR SERVING UTILITY Pacific Bell BRIEFLY DESCRIBE SERVICE REQUESTED (ATTACH JUSTIFICATION) Telecommunications Services under State of California CALNET Contract. Exhibit B-3 Attached TOTAL COST OF REQUESTED SERVICE METHOD OF ACQUISITION RECURRING NON-RECURRING ❑ PURCHASE ❑ INSTALLMENT PURCHASE ❑ RENT ❑ OTHER APPROVAL BY AGENCY TELEPHONE COMMUNICATIONS REPRESENTATIVE PRINTED OR TYPED NAME TELEPHONE NO. &jzt* ROBERT L. KLEINERT, TOWN MANAGER SIGNATURE A001F CALNET: DATE _ PUBLIC: 415-435-7377 KlEAW OE ~f ADDRESS: CITY ZIP 1505 Tiburon Blvd. Tiburon, CA. 94920 TELECOMMUNICATIONS DIVISION ❑ APPROVED ❑ DISAPPROVED (SEE COMMENTS BELOW) ❑ INFORMATION ONLY PRINTED OR TYPED NAME TELEPHONE NO. SIGNATURE oxt Iwo ;4 DATE CALNET: PUBLIC: COMMENTS: DATE ORDER SENT TO AN ANFORTH VENDOR UTILITY STD. 20 (REV. 11-92) (FMC Electronic) TOWN ATTORNEY TOWN 0 9= TI R I I r-) r) kl 020PRT.PDF ❑ DATA ❑ SWITCHED ❑ DEDICATED ) STATE, OF CALIFORNIA _ DEPARTMENT OF GE`ERAL. SER VICES EXHIBIT B-3 - A UTHORIZA TION TO ORDER EXHIBIT B-3 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENT) (Please print or type clearly) Pacific Bell ("Pacific"), MCI Telecommunications Corporation ("MCI") (collectively, "Contractor") and the State of California ("State") have entered into an Agreement for the Provision of Telecommunications Service(s) and Products, dated December 4, 1998 ("Agreement"). Pursuant to the Agreement, which is incorporated herein by reference, Municipalities of the State are allowed to order services and products out of the Agreement ("Service(s)") upon execution of this Authorization to Order. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s) will be provided to Municipalities of the State (e.g., cities, counties, school districts and other such entities of the State) are fully set forth in the Agreement. 1. TOWN OF TIBURON ("Municipality") desires to order the Service(s) identified in Attachment 1 to this Authorization to Order, which is incorporated herein by reference, and Contractor agrees to provide such Service(s) pursuant to this Authorization to Order and the, terms and conditions and rate tables contained in the Agreement. Municipality agrees, with respect to the particular services identified in Attachment 1, to utilize the Agreement as Municipality's single source for procuring the particular Services types (i.e., Centrex, voicemaiVIVR, DSL, Frame Relay) during the term of the Authorization to Order. 2. Contractor shall bill Municipality and Municipality shall pay Contractor pursuant to this Authorization to Order and the terms and conditions and rate tables contained in the Agreement. 3. This Authorization to Order shall become effective upon execution by Municipality, Contractor, and the Department of General Services, Telecommunications Division ("Effective Date"). Unless sooner terminated as provided herein, this Authorization to Order shall remain in effect for the term Municipality has indicated below (check one). Five years from the Effective Date. This Authorization to Order is subject to two one year extensions. Contractor shall provide Municipality with 60 days' notice of the scheduled expiration date and the intended extension of the Authorization to Order. Each one year extension will occur automatically unless Municipality provides Contractor with written notice of Municipality's intent not to renew this Authorization to Order at least 30 days' prior to the scheduled expiration date of this Authorization to Order. This Authorization to Order shall continue in effect from the Effective Date through the remainder of the term of the Agreement. In the event Contractor and the State extend the term of the Agreement, Contractor shall provide Municipality with 60 days' notice of the intended extension of the Agreement. The term of this Authorization to Order will be automatically extended to match the new term of the Agreement unless Municipality provides 30 days' notice to Contractor prior to the automatic extension of its intent not to renew this Authorization to Order. Revised: Amendment No. 2 - 7/20/99 PAC1F1CA BELL , MCI STATE OF CALIFORNIA _ DEPARTMENT OF GENERAL. SER VICES 4. A. If Municipality, prior to the expiration of the term set forth in preceding paragraph, terminates this Authorization to Order or disconnects all of a particular Service (i.e., Centrex, voice mail, ISDN/PRI, DSL, etc.) provided pursuant to this Authorization to Order, Municipality shall pay a termination charge based on 65% of the Municipality's highest bill for the disconnected Service(s) provided hereunder multiplied by the number of months remaining in the term of this Authorization to Order, plus any unrecovered nonrecurring charges owed to Contractor on the date of termination. Notwithstanding the preceding sentence, if the State terminates the Agreement, in whole or in part, prior to the expiration of its term, Municipality may, with respect to the Services terminated by the State, (i) continue to subscribe to the Service(s) under the terms of the Agreement for the remainder of the term of this Authorization to Order, or (ii) terminate this Authorization to Order without being subject to the termination charge set forth above. B. Notwithstanding the first sentence in Section 4.A. above, if, after the first fiscal year in which a particular Service acquired hereunder is installed, funds are not appropriated to continue paying for that particular Service in a subsequent fiscal year or universal service discounts are not received to enable Municipality to pay for that particular Service in a subsequent year, then Municipality may terminate this Authorization to Order as it relates to that particular Service as of the last day for which funds were appropriated or universal service discounts were received ("Date of Termination"), without being subject to the termination charge set forth above; provided, however, that Municipality shall be obligated to pay all charges incurred through the Date of Termination, plus any unrecovered nonrecurring charges which may be owed Contractor on the Date of Termination. Municipality shall use its best efforts to obtain funding or universal service discounts for the particular Service(s) provided hereunder. (i) If the federal universal service discount program is discontinued, Municipality may terminate this Authorization to Order as set forth in Section 4.B. above. (ii) If Municipality exercises its right to terminate this Authorization to Order for non-appropriation or ineligibility to receive universal service discounts under the then current program, Municipality agrees not to obtain substantially similar equipment and/or services to replace those provided hereunder for one year following the Date of Termination. Municipality may exercise such right to terminate upon delivery to Contractor of a 30 day written notice setting forth the reason for termination and within 30 days following the delivery of such written notice, Municipality shall provide Contractor a legal opinion of counsel that no funds have been appropriated or otherwise made available for payments due under this Authorization to Order or that Municipality is ineligible to receive universal service discounts under the Agreement and funds have not been made available for the acquisition of substantially similarly equipment and/or services to replace those provided hereunder. 5. Municipality, upon execution of this form, certifies that Municipality understands that Contractor and the State may, from time to time and without Municipality's consent, amend the terms and conditions of the Agreement thereby affecting the terms of the Service(s) Municipality receives from Contractor. Revised: Amendment No. 2 - 7/20/99 PACIFIMABELL. i STATE OF CALIFORNIA UL. - DEPARTMEN"r OF GENERAL. SER VICES 6. Municipality, upon execution of this form, certifies that Municipality has received and has reviewed the terms and conditions, including the rates and charges, of the Agreement. 7. Whenever any notice or demand is to be given under this Agreement to Contractor or Municipality, the notice shall be in writing and addressed to the following: Municipality: Contractor: Town of Tiburon Pacific Bell/MCI 1505 Tiburon Blvd 610 Sequoia Pacific Blvd. Tiburon, CA 94920 Sacramento, CA 95814 Attn: Diane Crane Attn: Contract Program Manager Notices delivered by overnight courier service (U.S. Express Mail, Federal Express, Purolator or Airborne) shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this Authorization to Order to be executed on the date shown below by their respective duly authorized representatives. CONTRACTOR By: Print Name: Alayne Finkle Title: Director - Custom Contract Date Signed: Approved By: Department of General Services, Telecommunications Division By: Print Name: Title: Date Signed: TOWN OF TIBURON (Municipa ity) By: 09 FV Print Name: ROBERT L. KLE INERT Title: TOWN ?MANAGER Date Signed: 1je- 6 'off APPROVED AS TO FORM ANNIANFORTH TOWN ATTORNEY To1.Afr\ I OF TIBURON Revised: Amendment No. 2 - 7/20/99 PA+CIFICMBELL.: MCI STATE OF CALIFORNIi, DEPARTMENT OF GENERAL SER11CES TOWN OF TIBURON • ATTACHMENT 1 Services Selected Voice Network Products and Services Customer Initials- X Local Usage Group Video Advanced Intelligent Network (CVN) Services Selected Line Side Products and Services Customer Initials X Bus Access Lines ISDN X Centrex ACD (Centrex) Acct. Codes PBX Trunks SuperTrunk CompuCall Services Selected Data Products and Services Customer Initials Analog Circuits Adv. Digital Network H I CAP/T 1 DS3 SONET Dedicated Ring (ICB) SONET Circuit Svc. PRI ISDN Frame Relay Managed Frame Relay ATM DSL Services Selected Additional Required Products and Services Customer Initials X Bldg. Wiring (jacks) Billing Products Services Selected Other Products and Services Customer Initials PBI Services PBIS IVR/Call Router X PBIS Voice Mail Revised: Amendment No. 2 - 7/20/99 .-t. PACIFI+CMBELL , MCI C,A _I~CRN iA`S I!0 ,AE TEA,V1 4