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Home My WebLink AboutA-08-490.pdf··' ,, AGT.#OB-490 EXHIBIT A-2 AUTHORIZATION TO ORDER UNDER STATE CONTRACT SBC Global Services, Inc., dba AT&T Global Services on behalf of Pacific Bell Telephone Company, dba AT&T California ("AT &T"or "Contractor") and the State of California ("State") have entered into a Contract for California Integrated Information Network (CALNET) 2 ("CALNET 2") MSA I Services dated January 30, 2007 ("Contract"), for a term of five (5) years. The State may, at its sole option, elect to extend the Contract term for up to two (2) additional periods of one (I) year each. Pursuant to the Contract, which is incorporated herein by reference, any public agency, as defined in Government Code section I I 54 I, is allowed to order services and products ("Services") solely as set forth in the Contract. A non-State public agency (herein "Non-State Agency") shall also be required to complete and submit this Authorization to Order Under State Contract (ATO) prior to ordering Services. 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 a Non-State Agency are fully set forth in the Contract. Access to the Contract is available at www .stnd.dts.ca.gov . County of Fresno ("Non-State Agency") desires to order Service(s), and Contractor agrees to provide such Service(s), as identified in the State of California, Telecommunications Service Request (STD. 20), pursuant to the terms and conditions and rate tables contained in the Contract. I. This ATO shall become effective upon execution by Non-State Agency, Contractor, and the Department of Technology Services, Statewide Telecommunications and Network Division (DTS/STND) ("Effective Date"). No Service(s) shall be ordered by Non-State Agency or provided by Contractor until this ATO has been executed by both parties and approved by DTS/STND. 2. With respect to Services ordered under this A TO, as authorized on Attachment I, Non-State Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a two (2) year commitment period, starting with the Effective Date of the ATO, provided that such commitment does not extend beyond the Term of the Contract, including any extension periods. Any new Services added to an existing ATO shall not extend the two (2) year commitment period previously agreed upon on the A TO. 3. Upon expiration of the two (2) year commitment period, this ATO shall continue in effect through the remainder of the Term of the Contract, unless terminated by Non-State Agency. The Non-State Agency will automatically continue to receive Services at Contract terms and conditions when the two year commitment period ends, and may add, delete or change Services without penalty or additional commitment periods (unless a specific Service requires a tenn per the Contract). 4. Non-State Agency may terminate this ATO, for specific Service(s) or in total, prior to termination of the Contract, by providing the Contractor with thirty (30) calendar days' written notice of cancellation. If Non-State Agency elects to terminate Service prior to completion of the two (2) year commitment period, a termination charge may apply. The termination charge may not exceed sixty- five percent (65%) of the Non-State Agency's average monthly bill for the disconnected Service(s), multiplied by the number of full months remaining in the two (2) year commitment period. If PAGE I ATTACHMENT 5 EXHIRIT A-2 Revised: Amendment No. 1.1 Service(s) are terminated after the two (2) year commitment period, no termination liability shall apply. 5. No termination charge will be assessed when Non-State Agency transfers Service(s) to a like Service offered under this Contract, or from one CALNET 2 MSA to another, if the Contractor is the same for both MSAs, or is affiliated with the Contractor for the other MSA. 6. By executing this ATO, Non-State Agency agrees to subscribe to, and Contractor agrees to provide Service(s, in accordance with the terms and conditions of this ATO and the Contract. Upon execution of this A TO by Non-State Agency and Contractor, Contractor shall deliver this ATO to DTS/STND for review and approval. 7. The DTS/STND will provide Contract management and oversight, and upon request by the Non- State Agency or Contractor, will advocate to resolve any Contract service issues. The ATO, and any resulting STD. 20, is a Contract between the Non-State Agency and the Contractor. The State will not represent the Non-State Agency in resolution oflitigated disputes between the parties. 8. Non-State Agency, upon execution of this A TO, certifies that Non-State Agency understands that Contractor and the State may, from time to time and without Non-State Agency's consent, amend the terms and conditions of the Contract thereby affecting the terms of service Non-State Agency receives from Contractor. 9. Non-State Agency, upon execution of this ATO, certifies that it has reviewed the terms and conditions, including the rates and charges, of the Contract. I 0. Non-State Agency, upon execution of this ATO, certifies the Non-State Agency understands that billing invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the State, pursuant to provisions of the Contract. II. All Service(s) ordered under this ATO will be submitted using the STD. 20, signed by the Non- State Agency's authorized signatory. Any additions or deletions to Service(s) shall likewise be accomplished by submission of a STD. 20, noting changes. 12. Non-State Agency may, by placing Service orders issued by its duly authorized representative with Contractor, order any of the Service(s) listed in the Contract. Contractor shall bill Non-State Agency, and Non-State Agency shall pay Contractor according to the terms and conditions and rate tables set forth in the Contract for such Service(s). 13. If, for any fiscal year during the term of this A TO, funds are not appropriated to enable the Non- State Agency to continue paying for services, or universal service discounts are not received, the Non-State Agency may terminate impacted Service(s) without penalty. 14. Whenever any notice or demand is given under this Contract to Contractor or Non-State Agency, the notice shall be in writing and addressed to the following: PAGE 2 ATTACHM,:NT 5 EXHIRIT A-2 Revised: Amendment No. 1.1 Non-State Agency: Contractor: County of Fresno AT&T 2048 N Fine Ave, Suite 100 610 Sequoia Pacific Blvd. Fresno, CA g3727 Sacramento, CA 95814 Attn: Henry T. Perea, Chairman, Board of Attn: Contract Program Manager Supervisors Notices delivered by overnight courier service 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) State business days aflcr mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this ATO to be executed on the date shown below by their respective duly authorized representatives: Pn ted Name and Title of fe ·gning ALICE OLIVER HARVEY Contract Management Approved By: Department of" Technology Services, Statewide Telecommunications and Network Division By: Authorized Signature Date Signed: PAGE 3 ATTACilMENT 5 EXHIBIT A-2 11. TTiilST-=. BERNICE. E.. SEIDEL, Clerk Board ~f.Supervisors &:~. By Deputy Revised: Amendment No. 1.1 PAGE 4 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1 County of Fresno D D D D Svcs) Data Transmission Services (Analog Service, Carrier DSO (ADN),Carrier DS1 (Hicaprr1 ),Carrier DS3) Multi Protocol Label Switching (AVPN, Nelwork Based Firewall, Synchronous Optical Network (SONET) (Point-Point SONET, Ethernet-over SONET, SONET Ring ICB) Internet DSL DSL DSL Virtual Private Network (AVPN, Nelwork Based Firewall, AN IRA) (Automatic Service Coverage on C2 Svcs) JacksNViring · Inside Wire Repair Plan(Voice)(lf subscribed to) I PAGE 5 ATL\CIIM(~T 5 EXHIBIT A-2 MSA I ATTACHMENT I Revised: Amendment No. 1.1 1 IN WITNESS WHEREOF, the parties hereto have executed this Cal Net 2 Agreement on the 2 date signed below by their duly authorized representatives. 3 4 5 6 7 8 9 SBC Global Services, Inc. d/b/a AT&T Global Services on behalf of its Authorized Signatu ALICE OLIVER HARvEY Controct Management 10 Name and Title 11 12 DATE: 13 14 REVIEWED & RECOMMENDED FOR APPROVAL 15 16i~~~~~z=====~------ 17 Chief Information Officer 18 Information Technology Services 19 20 APPROVED AS TO LEGAL FORM 21 22 ~~~~~~~~~~~~~~ 23 24 25 26 27 28 29 30 FOR ACCOUNTING USE ONLY: ORG No.: Fund Account: FCMC 6/04 8930 1020/10000 7042 - 1 - The COUNTY OF FRESNO Henry R. P~ Chairman, Board of Supervisors DATE: ATTEST Bernice E. Seidel, Clerk Board of Supervisors APPROVED AS TO ACCOUNTING FORM (lev.~ c~ J Vicki Crow, C.P.A. r Auditor-Controller/Treasurer-Tax Collector