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HomeMy WebLinkAboutAgr 1993-02-11 (Pacific Bell)6000 State Farm Drive, Room 2, ~6 Rohnert Park, California 94928 March 25, 1994 Therese Hennessy Town Clerk Town of Tiburon 1155 Tiburon Blvd. Tiburon, Ca. 94920 Dear Terri: PACIFIC" 'BELL A Pacific Telesis Company R (C 1 E " " * 0 V Lff u MAR 2 9 199'4 ~.J TOWN MANAGER'S OFFICE TOWN OF TIBURON Enclosed is your signed original of the State of California Centrex Contract. Steve Lewis had a copy but since he has left I felt you should have this original copy for your files. I should also mention that I will no longer be working with you folks at Tiburon. In the future please contact Linda Corbett on 707-585-4020 for any assistance. I have enjoyed working with you and wish all of you the best in the years to come. Take care. Sincerely, 2=~ Rick Parker Account Executive Pacific Bell, Public Sector Addendum No. 43 Page 1 of 8 ADDENDUM NO. 43 TO EXHIBIT 23 TO THE MASTER AGREEMENT FOR NON-TARIFFED SERVICES AND EQUIPMENT TIBURON POLICE DEPARTMENT This Addendum No. 43 to Exhibit 23, effective February 17 , 1992 ("Addendum"), of that Master Agreement for Non-Tariffed Services and Equidment, dated April 12, 1979, between the State of California ("State") and Pacific Bell ("Agreement"), is for the provision of Centrex Service by Pacific Bell ("Pacific") a California corporation, to the real user of the Centrex Service, Tiburon Police Department("Tiburon Police") ("Customer"). WHEREAS, the State has requested that Pacific provide Centrex Service to Tiburon Police, pursuant to the Agreement and Exhibit 23; and WHEREAS, Tiburon Police has asked Pacific to provide Centrex Service under certain rates and conditions not set forth in Pacific's Tariffs on file with the California Public Utilities Commission ("CPUC") ("Pacific's Tariffs") ; and WHEREAS, Tiburon Police has been advised by Pacific that it may obtain, pursuant to an agreement entered into under General Order 96-A, certain rates and conditions not set forth in Pacific's Tariffs and that such rates for Centrex Service, PBX Addendum No. 43 Page 2 of 8 trunks or other Services will be determined using the same cost methodology; and WHEREAS, Pacific has advised Customer that network terminating wire, also referred to as Centrex inside wire, and riser cable, also referred to as INC and/or 32C cable, may be provided by a vendor of Customer's choice or by Pacific pursuant to this Agreement; and WHEREAS, Customer has elected to have Pacific provide such wire and/or cable which may be necessary to provide Service pursuant to this Agreement; and WHEREAS, Tiburon Police agrees to subscribe to Centrex Service as set forth and described herein ("Service"). NOW, THEREFORE, Pacific and Tiburon Police agree to the following: I. SCOPE A. Subject to the availability of facilities and equipment and the terms and conditions of Exhibit 23, Pacific shall furnish, install and maintain Centrex Service as described herein for use by Tiburon Police. Addendum No. 43 Page 3 of 8 B. This Addendum, pursuant to CPUC General Order No. 96-A, shall be filed with the CPUC and shall at all times be subject to such changes or modifications as the CPUC may from time to time direct in the exercise of its jurisdiction. II. TERM A. This Addendum shall become effective upon execution by Tiburon Police, Pacific Bell and the State and, unless sooner terminated as provided herein, shall remain in effect until April 11 1997. The State may, at its option, extend this term for an additional two years. B. In the event the State extends the term of Exhibit 23, Pacific will, after a full financial study, determine the rates and charges for Service provided hereunder and shall extend the term of this Addendum, if agreed to by the parties. If Tiburon Police elects to extend such term, this Addendum shall continue to be in full force and effect, unless otherwise terminated, until the term of Exhibit 23 has expired. C. Should the State terminate Exhibit 23, prior to the expiration of its term, Tiburon Police may continue to subscribe to Service for the remainder of the term and under the rates and charges and terms and conditions contained herein, pursuant to General Order 96-A. Addendum No. 43 Page 4 of 8 III. CONFLICT OF DOCUMENTS In the event of a conflict between the terms and conditions of the Agreement, Exhibit 23 and this Addendum, the terms and conditions of this Addendum shall prevail. IV. TERMINATION A. Pacific or Tiburon Police may terminate this Addendum upon thirty (30) days written notice if the CPUC or California State Legislature requires any material modification of the Agreement, Exhibit 23, or this Addendum which affects Tiburon Police, or if Tiburon Police is unable to appropriate funding for the Service. B. In the event Tiburon Police terminates this agreement for any reason other than those set forth in subparagraph A. above, Tiburon Police shall pay, if any, Pacific's unrecovered direct embedded costs actually incurred or unavoidable, which includes recurring and nonrecurring costs of labor, engineering, nonreusable materials and equipment, interest, return, tax requirements, transportation, storage, manufacturers' cancellation charges, administrative costs, depreciation, right-to-use fees, land and building; power and other common equipment, plus a reasonable profit. C. Should Pacific elect to terminate this Addendum, it will provide Tiburon Police with a ninety (90) day written notice. Termination of this Addendum by Pacific shall only occur in the Addendum No. 43 Page 5 of 8 event of misuse of the Service as described in Schedule Cal. P.U.C. A2.1 or in the event of non-payment of the rates and charges for such Service, as set forth in Section IV.A. above. V. LOCATION OF SERVICE Street Address city 1155 Tiburon Blvd. Tiburon The above location shall be served out of Pacific's TBRNCA11CGO central office, located at 1165 Tiburon Blvd., Tiburon. VI. DESCRIPTION OF SERVICE A. General Description of Service A new central office based leased communications system equipped with primary station lines, capable of receiving direct in-dialed calls and capable of direct out-dialing of calls, more commonly called Centrex service, that will provide for the standard and optional features described below: B. System and Station Features Min. Oty. USOC Description 1 TBN 1 TTN 1 FRS BA 1 FRS PT 15 RXR++ 15 AAFTX 15 AAF Touch Tone Common Equipment Additional Touch Tone Equipment Flex Route Selection Basic Flex Route Selection Addn'l Pattern Centrex Primary Station Lines Trunking for Centrex Lines Basic Centrex Access Addendum No. 43 Page 6 of 8 Min. Qty. USOC Description 15 E9GUR Call Forward, Don't Answer - Unrestricted Source 15 E6GUR Call Forward, Busy - Unrestricted Source * EAT Call Forward, Variable * ESMCS Call Forward, Unlimited 15 EAB Call Hold 15 E3P Call Pickup each Station 15 E3N Call Pickup per Group 15 E8A Call Transf/3-Way/Consultation 15 TTL Touch Tone each Station 15 CWC Centrex Inside Wire 15 RJ1++ Mini-modular Indoor Jack * The combined quantities of these two features shall not exceed 15. VII. RATES AND CHARGES A. Minimum Quantity of Station Lines The minimum number of Centrex station lines to be maintained shall be 15. If Tiburon Police elects to decrease the Service to less than the minimum quantity of 15 lines, Tiburon Police shall continue to pay the rates and charges for such quantity, as set forth in this Addendum. [PAGE 7 FOLLOWS] Addendum No. 43 Page 7 of 8 B. Recurring and Nonrecurring Rates and Charges 1. Recurring Rate The monthly recurring rate per Centrex station line shall be based upon the actual number of lines in service, pursuant to Modification No.4 of Exhibit 23. The rate is presently $14.40. 2. Contract Administration Fee In addition to the monthly recurring rate, Tiburon Police shall be responsible for payment of the Contract Administration Fee, presently $0.65 per Centrex station line, which was established by Exhibit 23, as modified. 3. Nonrecurring Charge a. The nonrecurring charge for the minimum quantity of Centrex station lines shall be $60.00 per line. b. Subject to Exhibit 23, Section 7.a. and where facilities and conditions permit, additional Centrex station lines, as described herein, may be ordered by Tiburon Police. The nonrecurring charge for such additional Centrex station lines shall be $60.00 per line. C. Rates and Charges Effective Date The rates and charges set forth in this Addendum shall commence on the date the Service is first made available to Tiburon Police ("Cutover date"). * Rates and charges set forth in this Addendum include applicable Federal Access End User Common Line Charges but do not include CPUC or FCC mandated surcharges or applicable taxes, toll usage or directory listings or other miscellaneous tariff charges. Applicable rates and charges, surcharges and taxes will be billed on a monthly basis, in addition to the rates and charges set forth above. If the Federal Access End User Common Line Charge increases or decreases, the rates and charges set forth above will not change and Customer will continue to be billed such charges. Pacific's Tariff schedule Cal.P.U.C. A2.1.33, surcharges and surcredits, are not applicable to the rates and charges set forth in this Addendum. Addendum No. 43 Page 8 of 8 D. Additional Service Subject to the terms and conditions of the Agreement, Exhibit 23 and this Addendum, Pacific may provide additional Centrex Service to Tiburon Police. The parties hereto have caused this Addendum to be executed on the date first above mentioned by their respective duly authorized representatives. PACIFIC BELL i' By : Print Na e : f~i=,✓~ ~iitlC Title: Date Signed: TIBURON POLICE DEPAR7MFNT By f r'Z rf7i' Print Name: Title: = ~t d J Date Signed: 'STATE OF CALIFORNIA By. Print Name: Title: Date Signed: Arlo^rney a