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