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Home My WebLink About2002-372 " Resolution No, 2002-372 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND ISSUANCE OF A PURCHASE ORDER TO VERIZON CAUFORNIA INC, FOR CENTRANET TELEPHONE SERVICE AT VARIOUS FACIUTIES WITHIN THE CITY OF SAN BERNARDINO. SECTION 1. Verizon California Inc, (hereinafter "Vendor") is the current provider of Centranet telephone service to the City of San Bernardino, and is hereby extending a special Cities and Schools Individual Case Basis Rate (ICB) as approved by the Public Utilities Commission, A Contract is awarded accordingly to said Vendor in a total 11 12 13 14 15 16 17 18 19 20 21 22 23 amount of $146,592,00 for a three year period, Contract shall be paid in the amount of $48,864 per fiscal year for the next three years, Such award shall be effective only upon being fully executed by both parties, The Mayor is hereby authorized and directed to execute said Contract on behalf of the City; a copy of the Contract is attached hereto as Exhibit A and incorporated herein, The Purchasing Manager is hereby authorized and directed to issue a Purchase Order to said Vendor in the amount of $146,592,00, Said Purchase Order shall incorporate this Resolution and the attached Contract, SECTION 2. This contract and any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution, No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied 24 from any act or course of conduct of any party, 25 26 execute it within sixty (60) days of the passage of this Resolution, SECTION 3. This Resolution is rescinded if the parties to the Contract fail to 27 28 IIIII 2002-372 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AND 2 ISSUANCE OF A PURCHASE ORDER TO VERIZON CALIFORNIA INC. FOR 3 CENTRANET TELEPHONE SERVICE AT VARIOUS FACILITIES WITHIN THE CIlY OF SAN BERNARDINO. 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and of a Bernardino Common Council of the City San at joint regular 2nd day of meeting thereof, held on the December . 2002, by the following vote, to wit: Council Members: Abstain Absent Ayes Nays ESTRADA x LONGVIllE x MCGINNIS x 14 x DERRY 15 16 17 ANDERSON x SUAREZ ----X- 18 McCAMi\iACK x 19 20 21 22 day of 23 24 25 Approved as to form and 26 Legal con ten t; James F, Penman, City Attorney 27 p/ ~P.~ City Clerk The foregoing resolution is hereby approved this December . 2002, 28 r . . . 2002-372 LI1'1 OF ~TIObVO AGREEMENT This Agreement is entered into between Verizon California Inc, in its capacity as an incumbent local exchange carrier (Verizon), located at 112 Lakeview Canyon Road, CA501 LB, Thousand Oaks, California 91362, and City of San Bernardino (Customer) located at 300 North D Street, San Bernardino, California 92418-0001, Verizon and the Customer are each individually referred to as "a Party" and collectively referred to as "the Parties", In consideration of the mutual covenants and promises contained herein, the Parties hereto agree as follows: 1, Services. Verizon shall provide to Customer CentraNet@ Service (the Service) at the rates, charges and terms set forth in this Agreement and in Attachment A, which are collectively referred to as "this Agreement", All facilities furnished by Verizon under this Agreement shall remain the property of Verizon, 2, Term. The term period shall be for three (3) years from the in-service date, Unless notified by Customer to cease delivery of Service upon expiration of this Agreement, the Service will revert to tariffed rates, if there is a tariffed rate available, and no new contract for the Service has been executed by the Parties, Service will be disconnected as of the expiration date of this Agreement if there is no tariffed rate available, If Customer indicates to Verizon in writing that it desires to negotiate a new contract to continue the services provided for herein, this Agreement shall automatically be extended for a period not to exceed sixty (60) days from the end of the initial term to allow the Parties to finalize a new Agreement. Written notice [IlUst be provided by Customer at least thirty (30) days prior to the end of the original termination date, 3, Effective Date, This Agreement shall be effective when executed by both Parties and will be filed with the California Public Utilities Commission (Commission), 4, In-Service Date. The in-service date for the Service shall be the date, after the Effective date, on which Verizon's provisioning has been completed and the service is available for use by customer at one of Customer's locations, 5, Commission/Tariffs/Other Applicable Charges. This Agreement shall at all times be subject to such changes or modifications by the Commission as the Commission may from time to time direct in the exercise of its lawful jurisdiction, This Agreement is subject to allowable federal, state and local surcharges and taxes, CAGOV: 7/24/02 Page 1 of 9 10/15/2002 8:15 AM ESC # 0102 ~ ....1Z1NI ~ E~e~s California South 2002-372 . This Agreement is governed by and subject to the terms and conditions contained in applicable Verizon tariffs, including Verizon's tariff rules on late payment charges, unless such tariffs are expressly inconsistent with the express terms of this Agreement, in which case the terms of this Agreement shall apply, 6, Payment. Customer shall be responsible for payment of all rates and charges from the in-service date of the Service notwithstanding any delay in the issuance of bills for services provided, Any back billing limitations applicable to Verizon's tariffed services (including, but not limited to, those currently contained in Rules 10 and 11, Schedule Cal. P,U,C, No, D&R) do not apply to this Agreement. 7, Access. Verizon and its authorized employees and contractors shall have the right of ingress to and egress from the Customer's premises where its facilities are installed in order to provide the Service, in accordance with Customer's reasonable security procedures, 8, Default. If Customer defaults in the payment of any amounts due hereunder, or violates any other provision of this Agreement, and if such default or violation is not cured within thirty (30) days after notice thereof from Verizon, Verizon may terminate this Agreement forthwith without any liability on the part of Verizon, and Customer shall be liable for any unpaid charges for the service incurred up to the time of the termination, plus any applicable basic termination liability charges as set forth in Attachment A. . 9, Limitation of Liability, The liability of Verizon for any losses or damages arising out of the Services or this Agreement, including but not limited to defects, errors, delays, mistakes, omissions, or interruptions shall in all instances be limited to the pro rata charges to Customer for the periods during which the Service is so affected, Verizon shall in no instance be liable to Customer for any general compensatory, consequential, indirect, incidental, special or punitive damages, including but not limited to revenues or lost profits, 10, Force Majeure, Verizon's performance under this Agreement, or any obligation hereunder, shall be excused if said performance or obligation is prevented, restricted or interfered with due to any cause(s) beyond the reasonable control of Verizon or by reason of acts of God, war, revolution, civil commotion, acts of public enemy, embargo, fire, explosion, vandalism, cut cable, inclement weather, earthquake, acts of the Government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, unavailability of facilities or equipment. Verizon shall not be liable for any delay or failure in its performance during the occurrence of such circumstances, 11, Customer Indemnification, Customer shall indemnify, defend and hold harmless Verizon against any claim, suit or dispute for libel, slander, infringement of patent, copyright or unauthorized use of any trademark, trade name or service mark . CAGOV: 7/24/02 Page 2 of 9 10/15/2002 8:15 AM ESC#~ -1zttII ~ Enterprise Solutions California South . . . 2002-372 arising out of the material, data, information or other content transmitted pursuant to the Service, 12, Notice. Any notice given or required to be given by one Party to the other pursuant to this Agreement shall be in writing and shall be served by one or more of the following methods: 1) by personal service, receipt of which shall be deemed to be on the date personally delivered; 2) by certified or registered Mail, or by a courier or overnight delivery service, receipt of which shall be deemed to be on the date such notice is acknowledged in writing by the receiving Party; or 3) by facsimile, receipt of which shall be deemed to be on the next Business Day (defined as a day on which the United States Mail is delivered) after transmission if sent by facsimile, The transmitting Party shall retain the facsimile transmission confirmation record, Said notice shall be sent or delivered to the Parties to their respective authorized representatives and to the addresses designated below, unless modified by giving notice pursuant to this Section: If to Customer: City of San Bernardino Jim Sharer 300 North D Street San Bernardino, CA 92418-0001 Facsimile: 909384-5012 If to Verizon: Verizon Enterprise Sales Contract Repository 700 Hidden Ridge, HQW02L25 Irving, TX 75038 Facsimile: 972 718-5893 With a copy to: Verizon California Inc, Michael A. Sherburn 12501 East Imperial Highway, CAU16RP Norwalk, CA 90650 Facsimile: 562483-6126 With a copy to: Legal Department Verizon Corporate Services Group 112 Lakeview Canyon Road, CA501 LB Thousand Oaks, CA 91362 Facsimile: 805373-7515 CAGOV: 7/24/02 Page 3 019 10/15/2002 8:15 AM ESC#0102 ~ ~ Enterprise~s California South 2002-372 . 13, Modification/Waiver. Any changes or modifications to this Agreement must be in writing and executed by both Parties, and shall be filed with the Commission, The terms and conditions contained on a Customer purchase order document (whether signed by one or both Parties) shall not serve to modify the terms and conditions of this Agreement. The waiver of any term or condition under this Agreement by either Party is not a waiver of any other term or waiver of the same term at any other time, Any waiver must be written and signed by the Parties and shall be filed with the Commission, 14, Assignment. Neither this Agreement nor any interest herein of Customer may be assigned, or in any manner transferred by Customer without the prior written consent of Verizon, Any attempted assignment or transfer in contravention of the preceding sentence shall be null and void, 15, Resale. Customer shall not under any circumstances resell the Service provided under this Agreement. 16, Captions/Headings. Section or paragraph headings contained in this Agreement or any addendum are for reference purposes only and shall not affect the meaning or interpretation of this Agreement or any addendum, 17, Construction. This Agreement and the provisions contained in it, shall not be construed or interpreted for or against any party hereto because that party drafted or caused that party's legal representative to draft any of its provisions, . 18, Governing Law. This Agreement shall at all times be governed by the laws of the State of California, excluding its choice of law rules, and by the regulations of the Commission, 19, Entire Agreement. Except for written amendments, supplements or modifications made after the execution of this Agreement in accordance with Paragraph 13 hereof, this Agreement represents the entire agreement between the Parties regarding the subject matter of this Agreement and supersedes all prior negotiations, representations and agreements, either oral or written, or made by or to any employee, officer, or agent of any Party, 20, Authority. The persons signing this Agreement on behalf of the Parties represent and warrant to have the respective Party's authority to enter into and execute this Agreement, and shall indemnify the other Party for any lack of such authority, 21, Confidentiality. Customer requests that its identity be kept confidential and not publicly disclosed by Verizon or the Commission, unless required by law, . 22, Public Contract Code, Verizon (1) is aware of, and acknowledges the State of California's policy concerning enforcement of child and family support obligations as set out in Section 7110(a) of the Public Contract Code; (2) to the best of Verizon's knowledge, it is fully complying with earnings assignment orders of all employees; and CAGOV: 7/24/02 Page 4 of 9 10/15/2002 8:15AM ESC # 0102 ~ -1ZtJII ~- Enterprise Solutions California South . . . 2002-372 (3) to the best of Verizon's knowledge, Verizon is providing the names of all new employees to the Illinois State New Hire Registry pursuant to 42 U,S,C, s653a(b)(1 )(B) and California Unemployment Insurance Code S1088,5(d)(3), Customer must sign and date this Agreement on or before December 15, 2002 or the proposed Service arrangement and price will no longer be available, This Agreement will not be considered fully executed until signed by both Customer and Verizon, VERIZON CALIFORNIA INC, By U' m~fl~~ By Name ---.MIlL E. 9 }/.P (2 t? u ~N Title 6[;'f'.f Mayor Mr.fL Date J2 -1/1 -oL Date /J -If -oc:;;. APPROVED AS TO FORM AND LEGAL CONTENT., James F, Penman, City A torney CAGOV: 7/24/02 Page 5 of g 10/15/2002 8:15 AM ESC # 0102 ~ .... #ztlfI o..v..- -- Enterprise Solutions California South . . . 2002-372 ATTACHMENT A Verizon shall provide CentraNet@ Service to Customer pursuant to this Agreement at the following rates, terms and conditions: Description of CentraNet@ Service: CentraNet@ Service is an arrangement whereby certain basic and optional features are provided from central office switching equipment located on Verizon's property, Customer must maintain a minimum of two (2) CentraNet@ Service lines for each customer group location per serving Verizon central office, A CentraNet station line cannot be used in lieu of a 010-000 trunk or PBX trunk, Location of CentraNet@ Service: CentraNet@ Service shall be provided at the Billing Telephone Numbers and locations identified in Exhibit 1 to Attachment A. Customer may add Customer Locations for CentraNet@ Service during the term of this Agreement, provided that such other Customer Locations are within Verizon's franchise service territory, Charges: A. Monthly Recurring Charges (MRC): Initial Order Quantity Monthly Recurring Charge Items Per Line Charge 87 81 6 CENTRANET@ LINE FEATURE PAK 1000 FEATURE PAK 3000 $10,50 $ 2,25 $ 4,00 The above charges do not include Federally mandated end user common line charges, any applicable local, state, or federal fees, taxes, surcharges, or other applicable tariffed charges, Charges for any other additional features ordered by Customer are taken from Verizon's Tariff, and are subject to change with that Tariff, B. Non-Recurring Charges (NRC): Rates for initial installation, moves, and changes, including line additions will be assessed from the applicable tariff, CAGOV: 7/24/02 Page 6 of 9 10/15/2002 8:15 AM ESC # 0102 \.---"""' -'mrt ~- Enterprise Solutions California South . . . 2002-372 Basic Termination Liability Charges (BTL): If for any reason Customer terminates or discontinues the Service prior to the expiration of the term, at the time of discontinuance or termination, Customer shall pay twenty-five percent (25%) of the rates and charges, set forth above, for the Initial Order Quantities set forth for the remaining life of the contract. See formula below: Termination Liability = 25% X # of lines X $ (monthly line rate) X # of months remaining at the time of termination, If Customer terminates this Agreement subsequent to the execution of this Agreement by the Parties but prior to the in-service date, Customer shall pay to Verizon all costs incurred by Verizon for contract and service preparation, CAGOV: 7/24/02 Page 7 of 9 10/15/2002 8:15 AM ESC # 0102 ~ ~ Enterprise ~s California South 2002-372 Exhibit 1 to Attachment A . CentraNet@ Billing Number Name Address 909 384-5405 CITY OF SAN BERNARDINO 1201 E 9TH ST SAN BERNARDINO 909 383-7255 CITY OF SAN BERNARDINO 1367 N CALIFORNIA ST SAN BERNARDINO 909 384-5416 SBDO CITY HALL 1466 W MARSHALL BLVD SAN BERNARDINO 909 384-5403 SBDO CITY HALL 1640 KENDALL DR SAN BERNARDINO 909 384-5421 SBDO CITY HALL 1717 W 5TH ST SAN BERNARDINO 909 384-5406 CITY OF SAN BERNARDINO 1920 DEL ROSA AVE SAN BERNARDINO 909 384-5497 SBDO CITY WATER DEPT. 195NDST SAN BERNARDINO 909 889-2239 CITY OF SAN BERNARDINO 195 N D ST SAN BERNARDINO 909 384-5470 SBDO CITY HALL 200 E 3RD ST SAN BERNARDINO 909 384-5409 CITY OF SAN BERNARDINO 202 N MERIDIAN AVE SAN BERNARDINO 909885-7535 CITY OF SAN BERNARDINO 204 INLAND CTR SAN BERNARDINO 909 384-5400 SN BERNARDINO POLICE DEPT 2121 MEDICAL CENTER DR SAN BERNARDINO 909 384-5420 SBDO CITY HALL 222 N LUGO AVE SAN BERNARDINO 909 384-5446 CITY OF SAN BERNARDINO 240 S MOUNTAIN VIEW AVE SAN BERNARDINO 909 384-5482 SBDO CITY HALL 247 E 7TH ST SAN BERNARDINO 909 384-5401 SBDO CITY HALL 2641 NEST SAN BERNARDINO 909 384-5407 CITY OF SAN BERNARDINO 282 W 40TH ST SAN BERNARDINO 909 384-5417 SBDO CITY HALL 2969 FLORES ST SAN BERNARDINO 909 384-5483 SBDO CITY HALL 333 CHANDLER PL SAN BERNARDINO 909 384.5494 CITY OF SAN BERARDINO 334 W BASE LINE ST SAN BERNARDINO 909 384-5408 CITY OF SAN BERNARDINO 3398 E HIGHLAND AVE SAN BERNARDINO 909 384-5445 SBDO CITY HALL 342 NEST SAN BERNARDINO 909 384-5424 SBDO CITY HALL 380 S K ST SAN BERNARDINO . 909 384-5498 SBDO 399 CHANDLER PL SAN BERNARDINO 909 384-5432 CITY OF SAN BERNARDINO 450 E VANDERBILT WAY SAN BERNARDINO 909 384-5410 CITY OF SAN BERNARDINO 502 S ARROWHEAD AVE SAN BERNARDINO 909 384-5422 SBDO CITY HALL 503 E CENTRAL AVE SAN BERNARDINO 909473-1000 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1001 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1002 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1003 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1004 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1005 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1006 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1007 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1008 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1009 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1010 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1011 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1012 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1013 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1014 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1015 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1016 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473.1017 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1018 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1019 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1020 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1021 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO 909473-1022 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO . 909473-1023 CITY OF SBDO POLICE 5055 HALLMARK PKWY SAN BERNARDINO CAGOV: 7/24/02 Page 8 of 9 10/15/2002 8:15 AM ESC # 0102 \....-:-'"' ....1ZfNI ~ -- Enterprise Solutions California South . . . 909473-1024 CITY OF SBDO POLICE 909473-1025 CITY OF SBDO POLICE 909473-1026 CITY OF SBDO POLICE 909473-1027 CITY OF SBDO POLICE 909473-1028 CITY OF SBDO POLICE 909473-1029 CITY OF SBDO POLICE 909473-1030 CITY OF SBDO POLICE 909473-1031 CITY OF SBDO POLICE 909473-1032 SBDO CITY HALL 909384-5430 CITY OF SAN BERNARDINO 909 384-5496 CITY OF SAN BERNARDINO 909383-5311 SAN BERNARDINO CITY OF 909383-5312 SBDO CITY POLICE 909383-5313 SBDO CITY POLICE 909383-5314 SBDO CITY POLICE 909383-5315 SBDO CITY POLICE 909383-5316 SBDO CITY POLICE 909384-5419 SBDO CITY HALL 909 384-5436 CITY OF SAN BERNARDINO 909 384-5426 SBDO CITY HALL 909 384-5428 CITY OF SAN BERNARDINO CAGOV: 7/24/02 2002-372 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 5055 HALLMARK PKWY 600 W 5TH ST 665 NEST 710 N D ST 710NDST 710NDST 710 N D ST 710NDST 710 N D ST 780 E 21ST ST 780 E 21ST ST 8088 PALM LN 1505 W HIGHLAND AVE Page 9 of 9 SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SAN BERNARDINO SN BERNRDNO 10/15/2002 8:15AM ESC#0102 ~ -Imtt ~ -- Enterprise Solutions California South