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00-0228_PACIFIC BELL WIRELESS_AgreementNNow %&A %MV EXHIBIT B-3 - AUTHORIZATION 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. CITY OF SAN JUAN CAPISTRANO ("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 tercets 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, voicemaiVlVR, 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). XFive 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 tern 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 PACIFIC ffd Ina ELL MC9 CALIFORNIA'S HOME TEAM --- K ^^ t • V \A V' 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 - PAC:IFICUBELL ►L -'n'�W CALIFORNIA'S HOME TEAM --- %Now VAK'� v' 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. 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: City of San Juan Capistrano Pacific BeIVMCI 32400 Paseo Adelanto, 610 Sequoia Pacific Blvd. San Juan Capistrano, CA 92675 Sacramento, CA 95814 Atm: Cynthia Russell Atm: 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 representatiWs. CONTRACTOR By: N' Print Name: Alayne Finkle Title: Director - Custom Contract Date Signed: 5 t to L 0' ctv\ Approved By: Dep nt of General Services, Telecom unications /Divsion By eu Print Name. �J� Title: Date Signed: CITY OF Print Title: City Manager Date Signed: February 28, 2000 APPROVED 8Y. -C 0 TO FORM; Revised: Amendment No. 2 — 7/20/99 r PACIFItIADELL MCI CALIFORNIA'S HOME TEAM STATE OF CALIFORNIA _ • • soft DEPA OF GENEMER/v ATTACHMENT I CITY OF SAN JUAN CAPISTRANO Services Selected Voice Network -Products and Services Customer Initials Local Usage Group Video Advanced Intelligent Network (CVN) Services Selected Line Side - Products and Services Customer Initials Bus Access Lines ISDN Centrex ACD (Centrex) Acct. Codes PBX Trunks SuperTrunk CompuCall Services Selected Data - Products and Services Customer Initials Analog Circuits Adv. Digital Network HICAP/T1 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 Bldg. Wiring (jacks) Inside Wire Repair Plan (Voice) Inside Wire Repair Plan (Data) Billing Products CL Services Selected Other - Products and Services Customer Initia X Pacific Bell Internet Services Pacific Bell Information Services IVR/Call Router Pacific Bell Information Services Voice Mail Revised: Amendment No. 2 - 720/99 PAC1F :'.w f BELL MCI CALIFORNIA'S NOME TEAM --- 0 9 EXHIBIT B-3 - AUTHORIZATION TO ORDER EXHIBIT B-3 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENT) 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 fatly set forth in the Agreement. 1. \J,i("Municipality") desires to order the Service(s) identified in Attachment 1 to this Au orization 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, voicemail/IVR, 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"). The Service(s) ordered under this Authorization to Order shall commence on July 1, 1999, ("Service Date"). Unless sooner terminated as provided herein, this Authorization to Order shall remain in effect for the term Municipality has indicated below (check one). ZFive years from the Service 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 shalt continue in effect from the Service 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. 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. 0 9 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 4.13. 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. 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: Municipali C Contractor: ! JKctl1 ti[lif/�5r�?ld Pacific Bell/MCI �900 8"40 A0 610 Sequoia Pacific Blvd. 5J C ,CA 916,7 S Sacramento, CA 95814 Attn: C /N by R V646a t-tr 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. 0 0 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. Approved By: Department of General Services, Te munications Division By: Title:CJ.CKP-r;j�-y� Date Signed: CONTRACTOR By: ayn1 Fi cle Title: Director,Customized Contract Group _61900? Date Signed: / 3t7 Q 0 0 ATTACHMENT PRODUCTS AND SERVICES Local Usage Group Video ✓ Business Access Lines ✓ Centrex V Account Codes ✓ CompuCall Dedicated Services �•L SCAID A, ✓ ISDN/PRI ✓ Frame/ATM Service ✓ DSL ✓ Building Wiring Billing Products PSx T"auNKs v- C Kr 0129424.01 REQUEST IS FOR I INFORMATION 'V, -SERVICE t SUBMIT ALL COMPIES, INTACT, TO `7LECOMMUNICATIONS DIVISION STATE OF CALIFORNIA TEI#OMMUNICATIONS SERVICE REST EXCEEDS SAM — SEE SAM 4500 DOES NOT EXCEED SAM — SECTIONS AGENCY REQUEST NO. I DATE ARTMENT - DIVISION, BUREAU, ETC. SJ(Z- ]DRES1S�OF PR'E^SENT SERVICE (INCLUDE CITY AND ZIP) v LT 1 IJb(.QrK G'A/�JG.Q 7LJtR.riO ADDRESS OF REQUESTED SERVICE NC DE CITY AND ZIP) v 3 Z 4zoa PA 45r0 Ao aZO ROOM NO. 4� ROOM NO S,ar -'/ o C/19z;- s' :RSON TO CONTACT POR ACCES TELEPHONE NO, LOCATION ROOM NO, J/ W1alap_ -W7-43 LUNG ADDRESS(WCLUDE CITY AND Z(P) VENDOR ACCT. NO. UTILITY PRIMARY BILL NO. S(ynQ-. LEPHONE NUMBERS) INVOLVED REQUESTED DATE OF SERVICE GENERAL SERVICES AGENCY CODE Aw( fxcanr Sc."A 7— — CHECK TYPE OF REQUEST �j BUSINESS SERVICE `!. CALNET(AITACHONE DATA REPRESENTATIVE MQVTMS ) -- SINGLE UNE C KEYSYSTEM J PBX J STATE AGENCY J SWITCHED CENTREX SERVICE �] TAX SUPPORTED DEDICATED SINGLE LINE KEYSYSTEM ATTACH COPY OF CHARTER OR OTHER IJ L—' ( DOCUMENTS SHOWING TAX SUPPORTED ) `I CALDEX CALNET CALLING CARD(I.A. TD W7) WATSiJ OTHER FEX ❑ MOBILE TELEPHONE ❑ CELLULAR OTHER =FLY DESCRIBE PRESENT SERVICE e r,j I s✓ c h - cay cv-f, JAWA. DESCRIBE 610 h� /- L a &/e�f�' /q� %./o.�r%ro>*.e `' l~e awie.'p i2 sJ G, l'+ PURCHASE RENT 7 ❑ INSTALLMENT PURCHASE CALNET: 71c 4— �3 a • 91398 PUBLIC: APPROVED ❑ DISAPPROVED (SEE COMMENTS BELOW) L; INFORMATION ONLY PRINTED OR TYPED NAME TELEPHONE NO. -,-NATURE DATE CALNET: PUBLIC: STD. $0 (REV. 11.92) (FMC Electronic) K = 0 • %NEW 1111110A V EXHIBIT B-3 - AUTHORIZATION 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. CITY OF SAN JUAN CAPISTRANO ("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, voicemail/IVR, 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). XFive 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 CALIFORNIA'S NOME TEAM -- now V4A _. 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 fust 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 4.13. 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 PACIFabEiBEL . CA LIFORN [A'S HOME TEAM NEMIff VANN %o 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: City of San Juan Capistrano 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Attn: Cynthia Russell Contractor: Pacific Bell/MCI 610 Sequoia Pacific Blvd. Sacramento, CA 95814 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 representatiNes. CONTRACTOR By: Print Name: Alayne Finkle Title: Director - Custom Contract \ Date Signed: L � L t' v Approved By: Dep L"'unicaticns Gneral Services, TelecoDivision By: qg sk-, Print Namec.' "rf 1 /617�IJ�cr) Title: N"�71 L.! ��6 d Date Signed: 1 —&7-06 CITY OF Print Name: Title: City Manager Date Signed: February 28, 2000 APPROVED AS TO FORM: Revised: Amendment No. 2 — 7/20/99 w PACIPIC&'BELL MCI CALIFORNIA'S HOME TEAM STATE OF CALIFORN• • V OE OF GEN;RALS�6MCES ATTACHMENT I CITY OF SAN JUAN CAPISTRANO Services Selected Voice Network -Products and Services Customer Initials Local Usage Group Video Advanced Intelligent Network (CVN) Services Selected Line Side - Products and Services Customer Initials Bus Access Lines ISDN Centrex ACD (Centrex) Acct. Codes PBX Trunks SuperTrunk CompuCall Services Selected Data - Products and Services Customer Initials Analog Circuits Adv. Digital Network HICAP/T1 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 Bldg. Wiring (jacks) Inside Wire Repair Plan (Voice) Inside Wire Repair Plan (Data) Billing Products Services Selected Other - Products and Services Customer Initla X Pacific Bell Internet Services Pacific Bell Information Services IVR/Call Router Pacific Bell Information Services Voice Mail Revised: Amendment No. 2 - 7/20/99 r PACI,FIC"BELL MU CALIFORNIA'S HOME TEAM --- 4 0 0 EXHIBIT B-3 - AUTHORIZATION TO ORDER EXHIBIT B-3 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENT) 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 i entities off the State) are fully set forth in the Agreement. 1. �,(,�` __/� 7J (-`Municipality") desires to order the Service(s) identified in Attachment 1 to this Au orzation 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, voicemail/IVR, 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"). The Service(s) ordered under this Authorization to Order shall commence on July 1, 1999, ("Service 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 Service 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 Service 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. 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. 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: Municipal' CC• I Azl Contractor: q � -�>;W Gtcsf4�.s,9d Pacific Be1VMCI DO pct 5 VLO 610 Sequoia Pacific Blvd. 6J CC A 9267 5 Sacramento, CA 95814 Attn: C W by R 1-155c c -t-- 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. E 0 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 Un Date Approved By: Department of General Services, Te munications Division /J By Title: C✓ CSP L//jr, r� fGin7 7q4 1 Date Signed: CONTRACTOR By: aynj Fiiffle Title: Director,/Customized Contract Group Date Signed: / 3 9 9 91 0 ATTACIIMENT 1 PRODUCTS AND SERVICES Local Usage Group Video Business Access Lines ✓ Centrex P/ Account Codes ✓ CompuCall Dedicated Services �•L • sGA�r�R ✓ ISDN/PRI ✓ Frame/ATM Service ✓ DSL _. Building Wiring Billing Products � PBx r2uNKs 0129420.01 REQUEST IS FOR IIN/NFORMATION i . VSERVICE SUBMIT ALL COMPIES, INTACT, TO _^i FCOMMIINICATIONS DIVISION STATE OF CALIFORNIA TEI&OMMUNICATIONS SERVICE REST EXCEEDS SAM — SEE SAM 4500 j� DOES NOT EXCEED SAM — SECTIONS AGENCY REQUEST NO. DATE 2s- 99 AgTMENT - DIVISION, BUREAU. ETC. SJG ADDRESS OF PRESENT SERVICE(INCLUDE CITY AND ZIP) CL:+ y Ck s0rJk.2-4 ca p" hz4~ ADDRESS OF REQUESTED SERVICE ONCEUDE CITY AND ZIP) 3 2 moo PA $EO Ao RzAQ-JV 7v ROOM NO. ROOM NO SA7Q lj 07724110% o Cig9ir. s' PERSON TO CONTACT FOR ACCES TELEPHONE NO. LOCATION ROOM NO. Ji Mayor- W7- y BILLING ADDRESS (INCLUDE CITY AND ZIP) VENDOR ACCT. NO. UTILITY PRIMARY BILL NO. SCvsscR� TELEPHONE NUMBER(S) INVOLVED REQUESTED DATE OF SERVICE GENERAL SERVICES AGENCY CODE _ALL EYC r 5c."A-7-1—ff CHECK TYrt Ur HtUUGSI E] BUSINESS BUSINESS SERVICE CALNET "n"O"ONE ) DATA ( REPRESFMATIYE NCNTll5 -- ❑ SINGLE LINE ❑ KEYSYSTEM ❑ PBX STATE AGENCY L✓ SWITCHED ❑ CENTREX SERVICE Cl TAX SUPPORTED ❑ DEDICATED SINGLE LINE ❑ KEVSYSTEM ( DY OF CMATER OR O�ER CUMENTSACH PSHOw OTA% UPPOB ❑ CALDEX CALNET CALLING CARD (imu TO w7) ❑ WATS ❑ OTHER ❑ FEX ❑ MOBILE TELEPHONE ❑ CELLULAR _ ❑ OTHER 'SEEN DESCRIBE PRESENT SERVICE C awa-"P a - ej npq�. h - C" avis t' py«,Qo� min SJC tr.� f atE /baa &,e,( / e awe" 7`0 r;,,r 7ZG�rl Sra 1`e �? Ctr-2odl. C, t,7,o t7`. PURCHASE RENT i2 INSTALLMENT PURCHASE OTHER CALNET: 7IV. f1dS• SS G PUBLIC: ADDflE55: j/L 407) /) LA- n / , �' � 9, CITY ZIP `! APPROVED ❑ DISAPPROVED (SEE COMMENTS BELOW) ❑ INFORMATION ONLY CALNET: PUBLIC: STD. 20 (REV. 11-92) (FMC Electronic) 0 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053(FAX) February 17, 2000 I J�II�111�1 Iste�ulxte 1961 1776 Mr. Helmut Jochim Pacific Bell Internet Services 200 Center Street Promenade, Room 315 Anaheim, California 92805 Re: Agreement to Provide Internet Services Dear Mr. Jochim: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of February 15, 2000, the City Council of the City of San Juan Capistrano approved the staff recommendation fo, a five-year agreement for Internet services with Pacific Bell Internet Services. The City Manage was authorized to sign the appropriate contracts upon completion and approval by the City Attorney. Please feel free to contact the Director of Administrative Services, Cynthia Russell, at 443-6301 if you have any questions. Very truly yours, Cheryl Johnson City Clerk cc: Administrative Services Director Deva use n San Juan Capistrano: Preserving the Past to Enhance the Future i 0 6. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - PASEO ADELANTO EXTENSION, DEL OBISPO STREET TO RAMOS STREET (SULLY -MILLER CONTRACTING COMPANY) (CIP NO. 137) 60( 0.30) As set forth in the Report dated February 15, 2000, from the Engineering and Building Director, the following Resolution was adopted declaring work complete at $633,020.48: RESOLUTION NO. 00-2-15-1. COMPLETION OF PASEO ADELANTO EXTENSION. DEL OBISPO STREET TO RAMOS STREET (SULLY - MILLER CONTRACTING CO.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE PASEO ADELANTO EXTENSION, FROM DEL OBISPO STREET TO RAMOS STREET (SULLY -MILLER CONTRACTING CO.) The City Clerk was directed to forward a Notice of Completion to the County Recorder. Staff was authorized to release the retention in the amount of $63,302.05, 35 days after recordation of the Notice of Completion. 7. APPROVAL OF THE PLANS AND SPECIFICATIONS FOR THE NORTH OPEN SPACE WELL PUMP HOUSING AND FACILITIES CONSTRUCTION (600.30) As set forth in the Report dated February 15, 2000, from the Public Works Director, the plans, specifications and call for bids for the North Open Space Well Pump Housing and Facilities Construction was approved. 8. APPROVAL OF AN AGREEMENT TO PROVIDE INTERNET SERVICES ((PACBELL) (600.301 I As set forth in the Report dated February 15, 2000, from the Administrative Services Director, the five-year agreement for Internet services with Pacific Bell Internet Services was approved. The City Manager was authorized to execute the appropriate Cal -Net contracts upon completion and approval by the City Attorney. 9. APPROVAL OF AGREEMENT FOR DESIGN SERVICES AND PROJECT FUNDING - SC -04 SOUTH CONNECTOR PIPELINE PROJECT (MALCOLM PIRNIE) (600.30) As set forth in the Report dated February 15, 2000, from Public Works Director, the Personal Services Agreement with Malcolm Pirnie for civil engineering design services for the SC -4 Terminal Pipeline Project, in the amount of $336,954, was approved. The Mayor was authorized to execute the agreement after all insurance and documentation was submitted. Funding of $371,000 was appropriated to the project from water capital improvement fund reserves. City Council Minutes -4- 2/15/00 I 0 0 AGENDA ITEM February 15, 2000 TO: George Scarborough, City Manager FROM: Cynthia L. Russell, Administrative Services Director SUBJECT: Consideration of Agreement to Provide Internet Services (Pacific Bell Internet Services/PBI) RECOMMENDATION: By Motion, approve a five year agreement for Internet services with Pacific Bell Internet Services (PBI) and authorize the City Manager to execute the appropriate Cal -Net contracts upon completion and approval by the City Attorney. SITUATION: A. Summary and Recommendation The City has completed the majority of its computer network installation. All desktop units are connected with the exception of Water Customer Service and the Community Center. These two areas are on smaller networks and will be connected to City Hall in the near future. As part of the overall plan to increase connectivity for City Hall, the City is now in the position to provide staff e-mail access to other agencies, consultants, etc. as well as Internet access as needed through the network. To accomplish this, City staff obtained proposals from Internet service providers. Based on our review of the proposals, staff is recommending a five-year agreement with Pacific Bell Internet (PBI) for Internet services under the Cal -Net pricing agreement at $767.00/month forthe term of the agreement. This pricing arrangement is defined on page 2. Additionally, the City would incur approximately $4,000 in up -front equipment and installation costs. Cal -Net agreements have been ordered but were not available at the time of preparation of this report. Therefore, to expedite the process, staff recommends the City Council approve PBI as the City's Internet Service Provider (ISP) under a five-year agreement and authorize the City Manager to execute the completed Cal -Net agreements upon approval by the City Attorney. B. Background Currently, the City's network provides for internal e-mail only among the employees. The City also provides dial-up lines at several key locations to access the Internet and transmit e-mail externally as needed. This is very inefficient and does not provide staff with the tools necessary to effectively obtain and provide information and communicate with other agencies, consultants, etc. As part of the network installation plan, Internet access through the network is recommended. This would allow all staff to communicate outside of City hall via e-mail and provide Internet access to certain FOR CITY COUNCIL AGENf� Q Agenda Item -2- February 15, 2000 identified staff at a much more efficient rate of speed. The most common methods of providing Internet access are Digital Service Line (DSL), cable modem, T-1 line, and fiber optic connection. Based on our research, DSL and cable modem service do not provide the most reliable type of service. Fiber optic service provides much more capacity than the City needs at this time or in the near future. Therefore, staff recommends full T-1 or equivalent service. This service would provide access at a capacity of 1.5 megabytes per second (Mbps) upstream and downstream in other words to and from our network. To this end, staff solicited proposals from four Internet services providers, Pacific Bell, Cox Cable, WestCoast Internet and LMKI. Proposals were requested forfull T-1 or equivalent service (1.5 Mbps service upstream and downstream). The proposals contained prices for service anywhere from one-year agreements to up to a five-year agreement. The City received proposals from all four companies with prices ranging from $1,106 to $1,188 per month for three-year agreements. This price included the monthly service as well as the amortization of any up -front equipment and/or installation costs over the term of the agreement. All companies provided the same basic service, including equipment, class C addresses, managed end-to-end service, circuit ordering, provisioning and maintenance, domain name registration and DNS services and 24-hour, 7 days/week service and support. Three proposals estimate 45-60 days for installation of the services. PBI will have the system operational in 30 days. The two larger companies, PBI and Cox Cable provided the most comprehensive information on their support services, currently provide service to other agencies such as cities and school districts and provide the ability to upgrade to a higher level of service during the term of the agreement. With the two smaller companies, the City would need to wait until the current agreement expired to upgrade if necessary. Also, based on our own experience, our network support consultant recommendations and references, staff was most interested in PBI and Cox Cable. Lastly, PBI offers its services under the State of California Cal -Net pricing contracts. Essentially, the State has agreements in place for these services and local governments are entitled to take advantage of this pricing. The most cost effective pricing arrangement under the Cal - Net contract is $837 per month ($767/month for Internet Services and $70/month for amortization of the initial installation and equipment costs. This is the price for a five- year agreement. Additionally, the City would own the installed line and equipment. The downside to a five-year agreement is the ever changing technology available in the market place as well as the possibility of reduced pricing in the future. As technology changes or the needs of the City change, the proposed agreement provides the option of upgrading services without penalty. Currently, PBI offers capacity of up to 45 Mbps. In relation to pricing, Cal -Net contracts include a most favored nations clause. Essentially, as the Cal -Net contracts are re -negotiated for the marketplace, the City would receive the most current pricing available. However, in no case would the City's price exceed the original price. Lastly, the five-year cost is approximately 25% below the lowest bid. Market prices for the similar service would have to drop 75% in the three years to break-even with the five-year agreement. Based on the above Agenda Item -3- February 15, 2000 considerations, staff recommends the City opt for the five-year PBI Cal -Net contract. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None FINANCIAL CONSIDERATIONS: The total cost of the recommended agreement with PBI is $767 per month or $46,020 over the term of the agreement. Funds are budgeted in the current year budget to cover equipment and installation costs as well as the first three months service. The annual service cost of $9,204 will be budgeted annually. NOTIFICATION: Mr. Helmut Jochim Pacific Bell Internet Services 200 Center Street Promenade, Room 315 Anaheim, CA 92805 ALTERNATE ACTIONS: 1. By Motion, approve a five-year agreement for Internet services with Pacific Bell Internet Services (PBI) and authorize the City Manager to execute the appropriate Cal -Net contracts upon completion and approval by the City Attorney. 2. By Motion, approve a three-year agreement for Internet services with Pacific Bell Internet Services (PBI) and authorize the City Manager to execute the appropriate Cal - Net contracts upon completion and approval by the City Attorney. 3. Direct staff to review other proposals By Motion, approve a five-year agreement for Internet services with Pacific Bell Internet Services (PBI) and authorize the City Manager to execute the appropriate Cal -Net contracts upon completion and approval by the City Attorney. Respectfully Submitted, y hia L. Russell Ad inistrative Services Director Attachment ISP(PBpagreement.wpd