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Home My WebLink AboutA-04-569 State DGS Calnet-1.pdf-------------------------- ,. ~ .~L\TE OF (':\LIFOR~I.\ 'iii! =.. .....::::==.. ..:=..... ' .-, ~ =::....,. -------------...... ~'-"" OIJ',\RTMENT Or (;ENERAL. SI;H VICI:S EXHIBIT B-3 ·AUTHORIZATION TO ORDER EXHIBIT B-3 December 14,2004 Agreement 04-569 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENn (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").' The tenn of the Agreement ends December 3, 2005. The State may, at its sole discretion, extend the Agreement for three additional one year periods. 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") upon execution of this Authorization to Order. A description of the Service, applicable rates and charges and the specific tenns and conditions under which the Service 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. COUNTY OF FRESNO 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 specific Service identified in Attachment 1, to utilize the Agreement as Municipality's single source for procuring the particular Service Identifier (e.g., Local Usage, Centrex, Dedicated Services, Building Wiring, Pacific Bell Voice Mail) listed in the applicable Service Categories (i.e., Line Side Products and Services, Voice Network Products and Services, Data Products and Services, Additional Required Products and Services, and Other Services) during the term of the Authorization to Order. For example, if Municipality selects the Service Category Data Products and Services and the Service Identifier Dedicated Services, Municipality is agreeing to utilize the Agreement as Municipality's single source for procuring all Dedicated Services and services possessing largely equivalent applications to the Dedicated Services. 2. Contractor shall bill Municipality and Municipality shall pay Contractor pursuant to this Authorization to Order and the tenns 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"). Upon the Effective Date, this Authorization to Order shall supersede and replace the Authorizations to Order, dated July 1, 1999, and January 10, 2000, for all Service(s) that Customer identified in either, or both, Authorizations to Order. Unless sooner tenninated as provided herein, this Authorization to Order shall remain in effect for the term Municipality has indicated below (check one). _X_ Five-years from the Effective Date, but not beyond December 3, 2008. This Authorization to Order is subject to one year extensions, but in no event shall any such extension extend beyond December 3, 2008. 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. Any work in progress or Service provided under this Revised: Amendment No. 11 -----·------··-- PACIFICEIBELL. MCI · :: '· ~. i"·: ' A :· d G :·; :: ·~· :. :·, M " fo:(lf:c·:\LJIORNIA =-. ~ ....=:..... ........,.,-'"""=-;L'"""!!! ------------...,~...., 1>131' ,\RT:'-11;:'\'! CJI' Cil:NEitAI. SER VJC[S -------------------~------·---·-·--·---···---- Authorization to Order at the time the Agreement expires or is terminated shall be handled as set forth in the second paragraph of Section 4 below. 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. Any work in progress or Service provided under this Authorization to Order at the time the Agreement is terminated shall be handles as set forth in the second paragraph of Section 4 below. ____ years from the Effective Date, but not beyond December 3, 2008. (Applies only to Services with term pricing as specifically authorized in the applicable Rider B and Rider C.) This Authorization to Order is subject to one year exteiiSi1l!fs;·but in no event shall any such extension extend beyond December 3, 2008. 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. Any Services with term pricing provided under this Authorization to Order at the time the Agreement expires or is terminated shall be handled as set forth in the second paragraph of Section 4 below. 4. A. If Municipality, prior to the expiration of the term set forth in preceding paragraph, (i) terminates this Authorization to Order, (ii) disconnects over SO% of a particular Service provided pursuant to this Authorization to Order, or (iii) disconnects any portion of a Service provided pursuant to this Authorization to Order and replaces the disconnected Service with a different service/functionality in violation of Section I above, Municipality shall pay one of the following termination charges: (a) if Municipality terminated all of a particular Service, a termination charge based on 65% of the Municipality's highest bill for the disconnected Service 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; or (b) if Municipality terminated less than all of a particular Service, a termination charge based on the monthly charges for the terminated Service 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, no termination charge shall apply if an existing traffic volumes carried by the terminated service has been migrated to a like-Service offered under this Agreement. Notwithstanding the preceding sentence, if the State terminates the Agreement, in whole or in part, prior to the expiration of this Authorization to Order, Municipality may, with respect to the Service terminated by the State, (i) continue to subscribe to the Service under the terms of the Agreement for the remainder of the term of this Authorization to Order, (ii) terminate the Service without term pricing under this Authorization to Order without being subject to the tennination charge set forth above, or (iii) terminate the Services with term pricing under this Authorization to Order and be subject to the termination charge set forth above. ... .:...~.o: -................. _, ___ , ___ , __________ , ______ , __ _ Revised: Amendment No. II PACIFICCBELL MCI 2 B :"T!\1~~~-:\I.If~l.'\ - ' ii 'ii ,;;,.--.... c~ ------------.... ~~ DEI'·\RTME~ f OF CiENERAl SfR \.'ICES ·---. ·---------------···-·-----------·------------ B. Notwithstanding the first sentence in Section 4.A. above, if, after the first fiscal year in which a particular Service acquired hereunder is lnstalled, 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 discou.nts were received ( .. Date ofTermination"), 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 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 Municipality receives from Contractor. Municipality further understands that the State will have access to all billing information, including that of the Municipality, for the sole purpose of conducting audits pertaining to Contractor's performance under the Agreement. 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: County of Fresno 2048 N. Fine St. Fresno, CA 93727-1511 Attn: Phil Atkisson Contractor: Pacific Beii/MCI 610 Sequoia Pacific Blvd. Sacramento, CA 95814 Attn: Contract Program Manager Revised: Amendment No. II ····--~-------··--·--·----·-··-·-------·-----···· ···-····-·· PACIFICIJBELL, 3 MCI ----------- I!!J ST:\lEIIF(".-\LIFI1R}."I:\ ~,~ ~;;iF;. . ----------------~ ..,~""' ll[t>,\R-1 Ml!:\'1 OF CjENf.l(,\1_ Sl:n VICES Notices delivered by overnight courier service (U.S. Express Mail, Federal Express, Purolator or Airborne) shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this Authorization to Order to be executed on the date shown below by their respective duly authorized representatives. CONTRACTOR Approved By: Department of General Services, Telecommunications o· COUNTY OF FRESNO (Municipality) By:~/&~ Print Name: S u AA.n. "B AMmo~t. Title: ¢ha_lr1!\t.Ul., ,J?,qgrJ of S~ DYS Date Signed: nrr 1 A 7flf\4 ------------·---____ .... ·-----------------·-----l_t_!'_v_i,sed: Amendment No. II --~ MCI PACIFIC £I BELL. 4 ----------------------------- COUNTY OF FRESNO-CONTRACT AGREEMENT SIGNATURE PAGE 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRt-)TOR BY: !tfd;(b~ PRINT NAME: P'cet U~ 11Qt-/!/o Tm£ ,(/)K DATE SIGNED= =t~ APPROVED BY: Department of General Services, Tel~mcatio~s DT{1n BY~(Jd\f ~~ PRINT NAME: » iCI\Q. (/:k:->c"(? TITIJJ '1. eJW>M @<; ~,J DATE SIGNED: /J ~ ~ ~ (2~ FOR ACCOUNTING USE ONLY: Fund No.: 1020 Subclass: I 0000 Org.: 8930 Account Number: N/ A Requisition Number: {If Available) 11/30/04 11 :26 AM COUNTY OF FRESNO BY: ~M-6.,. 0....J.t.4~ Chairman, Board of Supervisors Date: _D~EC_l ~4~20~0~4 --~ REVIEWED & RECOMMENDED FOR APPROVAL M~~~er Information Technology Services Department APPROVED AS TO ACCOUNTING FORM: VI KI CROW, CPA/AUDITOR CONTROLLER REVIEWED BY: Administrative Office APPROVED AS TO LEGAL FORM: DENNIS MARSHALL, COUNTY COUNSEL ~74~~&&-t~ BY: !J<jJAf; ATTEST: visors Deputy ·1· ATO Signature Page.doc -STATE OF CALIFORNIA ltd;~~ ----------......,.~ DEFI'.RTMENT OF GENERAL SEIVICES COUNTY OF FRESNO ATTACHMENT 1 Services Selected X X Services Selected X X X VOICE NETWORK-PRODUCTS AND SERVICES Local Usage Group Video Advanced Intelligent Network (CVN) LINE SIDE-PRODUCTS AND SERVICES Bus Access Lines ISDN Centrex ACD (Centrex) Customer Initials Customer Initials X Acct. Codes ~ !? _..1 ~~~--~------~==~~--------~~=~~ X PBX Trunks <;/ X SuperTrunk X CompuCall Services Selected DATA-PRODUCTS AND SERVICES X Dedicated Services: X X X Analog Circuits, Adv. Digital Network, HICAPrr1. DS3, SONET Circuit Svc. SONET Dedicated Ring (ICB) PRIISDN Frame Relay & ATM: Frame Relay, ATM Managed Frame Relay DSL v.. 11:.: /AVA Customer Initials Services Selected ADDITIONAL REQUIRED-PRODUCTS AND SERVICES Customer Initials X Bldg. Wiring Services: Wiring, Jacks '7'1 ~ Inside Wire Repair Plan (Voice) w, Inside Wire Repair Plan (Data) X Billing Products Gi) ~d.- Services Selected OTHER SERVICES-PRODUCTS AND SERVICES Customer Initials X Pacific Bell Internet Services Pacific Bell Information Services IVR/Call Router Pacific Bell Information Services Voice Mail Revised: Amendment No. II PACIFIC£IBELL MCI :.: .... '-, : :-·, " ; ·· .. s ; i =.> .-.: ;.~ .... :;'! 5