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ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Tom Marek, Subject:
IT Director RESOLUTION OF THE MAYOR AND
COMMON COUNCIL OF THE CITY
Dept: City Mgr./Information OF SAN BERNARDINO
Technology AUTHORIZING THE EXECUTION OF
AN AGREEMENT AND PURCHASE
Date: July 25,2007 ORDER FOR FISCAL YEAR 2007/2008
PURCHASE OF SERVICES WITH
AT&T INTERNET SERVICES INC.
FOR DIRECT INTERNET SERVICE.
M/CC Meeting Date: August 20, 2007
Synopsis of Previous Council Action:
No previous Council action.
Recommended Motion:
Adopt resolution.
Signature
Contact person: Tom Marek Phone: 384-4947
Supporting data attached: Staff Rel2ort, Srv� c Order, Agreement Ward: All
FUNDING REQUIREMENTS: Amount: $58,000.00
Source: (Acct. No.) 679-251-5502
(Acct Degerintinn) Prafessional/Cmitractim]
Services
Finance:
Council Notes: °'207 ` 3�
Agenda Item No.
8/W b7
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement and purchase order for fiscal year 2007/2008 purchase of services
with AT&T Internet Services Inc. for direct Internet services.
Background:
The network system the City has employed since August of 1997 includes an access portal to the
Internet. This portal initially was used for accessing general information on the World Wide Web
and e-mail. The increased use of these applications and the addition of new uses and applications
(streaming video and audio, Application Service Providers, software downloads and patches
among others) have put a serious strain on the current configuration of three AT&T frame relay
T-1 s. The current T-1 s provide a bandwidth of approximately 3 megabits per second.
These issues are requiring the City to increase its bandwidth to a 50 megabit per second Ethernet
service. AT&T was selected by adopting the services and costs schedule structured in the Cal-
Net 2 contract (a contract of phone and data services that was made by the State of California
through an open bid process).
The selection of this AT&T Internet service connection was made over other common
connection methods. Additional T-Is, while effective in lower bandwidth applications, have high
overhead and to achieve bandwidths required by the City would have been more costly and
would create an overly complex system. Another option was T-3 or fractional T-3 circuits. This
solution would provide high bandwidth, but would have had equally expensive recurring costs
and require an additional one-time hardware expense of approximately $20,000.00.
Financial Impact:
We currently pay $23,258.40 for three T-Is that provide a bandwidth of approximately 3
megabits per second. The cost for 50 megabit per second Ethernet Direct Internet Access service
charges for FY 2007/2008 is $58,000.00. The contract would be for a five year term(with a fixed
annual cost of$58,000.00). These charges are included in IT chargebacks to each department,
and are budgeted in IT account#679-251-5502 (Professional and Contractual Services).
The contract term of five years allows the City to avoid costly installation fees ($102,392.00 for
an annual contract or$51,196.00 for a 3 year contract) for a circuit of this type. This would have
been in addition to the annual recurring cost of $58,000.00. All installation costs are avoided
with a five year contract.
Recommendation:
Adopt resolution.
C (OPY
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 PURCHASE ORDER FOR FISCAL YEAR 2007/2008 PURCHASE OF SERVICES WITH
4 AT&T INTERNET SERVICES INC. FOR DIRECT INTERNET SERVICE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. That AT&T Internet Services is the selected source for the City's Internet
7 access services. Pursuant to this determination, the Purchasing Manager is hereby authorized to
8 issue an Annual Purchase Order to AT&T Internet Services for the City's Internet access services in
9 the amount not to exceed$58,000.00 for fiscal year 2007/2008 for 50 megabit per second Ethernet
10 Internet service. The contract term would be 60 months, with an annual cost of not more than
11 $58,000.00. The Purchase Order shall reference the number of this resolution and shall read,
12 "Purchase Order No. ,not to exceed$58,000"and shall incorporate the terms and conditions
13 of this Resolution including the attached Agreement.
14 SECTION 2: That the City Manager of the City of San Bernardino is hereby uthorize
y d
15 to execute on behalf of said City an Agreement between the City of San Bernardino and AT&T
16 Internet Services Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated
17 herein by reference as fully as though set forth at length.
18 SECTION 3: This purchase is exempt from the formal contract procedures of Section
19 3.04.010 of the Municipal Code, pursuant to Section 3.04.010(B)(3) of said Code, "Purchases
20 approved by the Mayor and Common Council".
21 SECTION 4. The authorization to execute the above-referenced Agreement and issue
22 the above-referenced purchase order is rescinded if not executed/issued within sixty(60)days of the
23 passage of this Resolution.
24
25
26
27
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F:\ROTH\RESOS\ITA7TIntemetRev81307.wpd 1
r ;
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER FOR FISCAL YEAR 2007/2008 PURCHASE OF SERVICES WITH
AT&T INTERNET SERVICES INC. FOR DIRECT INTERNET SERVICE.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the_day
of , 2007, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
ESTRADA
8
BAXTER
9
BRINKER
10
DERRY
11
KELLEY
12
JOHNSON
13
MC CAMMACK
14
15
16 Rachel Clark, City Clerk
17 The foregoing Resolution is hereby approved this _day of , 2007.
18
19
20 PATRICK J. MORRIS, Mayor
21 City of San Bernardino
Approved as to form:
22
JAMES F. PENMAN,
23 City Attorney
24
By:
25
26
27
28
F:BROTH\RESOS\ITATTIntemetRev81307.wpd 2
AT&T OPT-E-MAN®
FCC Special Access Tariff
Confirmation Of Service Order
This Confirmation of Service Order ("Order") confirms Customer's agreement to purchase OPT-E-MAN® Service ("Service`)
offered by SBC Global Services, Inc. dba AT&T Global Services on behalf of its local phone company ("AT&T") at the rates
and quantities and according to terms and conditions set forth herein and in the applicable FCC Special Access Tariff (the
"Tariff"). This Order confirms but does not modify the Tariff. OPT-E-MAN provides Customer with a fiber-based service that
transparently interconnects multiple Customer local area networks (LANs) within the same LATA. OPT-E-MAN will support
nearly any data transport configuration—Point-to-Point, Point-to-Multipoint, Multipoint-to-Multipoint—using physical and virtual
connections to meet specific business needs. Connections to the network range from 5 Mbps - 1 Gbps. The handoff to
Customer will be a 10/100 Mbps or 1 Gbps Ethernet interface. If Customer connects to the OPT-E-MAN network using a
bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per
port. Any additional MAC addresses will be assigned additional charges, with a limit of 100 MAC addresses total per port as
set forth in the applicable tariff.
1. Rates: Monthly charges for the Service Connection and the Bandwidth Usage Rate are based on the rates in effect and will
be applied for interstate services,effective as of the date the Customer has been notified the Service is operational and ready
for Customer's use (the"Cutover Date"). During the Service term, rate decreases, as applicable, will automatically be applied
to the Monthly Charges for the Connection and Bandwidth Usage Rate and any applicable EVCs. Rates will not increase
above the Monthly Charges in this Order. Monthly charges for the Connections, Bandwidth Usage Rate and applicable EVCs
may change if a Service location is moved.
2. Term and Expiration: The Service term for the Connection and the Bandwidth Usage Rate is the term selected by
Customer on page 2, Term Payment Plan ("TPP"). The term of this agreement will begin upon execution of the Order and will
terminate 60 months after the Cutover Date. Upon expiration of the Service term, Customer may continue Service at the then-
current monthly extension rate, renew at the then-current Monthly Rates for the selected Service term, or terminate the
Service term and disconnect the Service.
3. Term Plan Renewal or Change: Prior to completion of the selected term, Customer may renew or change to a different
term plan without incurring early termination charges, provided the new term plan is for an equal or greater number of
connections than the number ordered herein and is greater in length than the months remaining on the Service term plan
ordered herein. Monthly Rates for the new term will be based on rates in effect at the time the new plan is installed.
4. Service Upgrade: Customer may upgrade Service to a higher Connection speed and Bandwidth Usage Rate without incurring early
termination charges provided that the upgraded Service is under a term plan that is equal or greater in length than the number of months
remaining in the term plan ordered herein and is installed between the locations herein.Non-recurring charges will apply to the upgraded
Service.
5. Moves: During the Service term, Customer may move one connection to another location in the same LATA and keep the
term plan in force, provided no lapse in service occurs. Moves to a different Serving Wire Center, however, may result in a
change in the monthly rates. Non-recurring Charges, as appropriate, are applicable. The non-recurring charge that is currently
in effect for the applicable TPP will apply. If Customer moves multiple connections concurrently, Customer will be liable for an
early termination charge.
6. Early Termination: In the event Customer terminates the Service in whole or in part prior to the expiration of the term plan
(except as otherwise permitted in this Order), Customer will be liable for an early termination charge for the Connections,
Bandwidth Usage Rate and applicable EVCs. The non-recurring charge that is currently in effect for the applicable TPP will
apply. In addition to any unpaid Special Construction or non-recurring charges (excluding any waived charges), Termination
Charges will be equal to fifty percent(50%)of all recurring charges for the remaining months of Customers term.
7. Assignment: Customer shall not assign or otherwise transfer any rights or obligations under this Order without prior written
consent of AT&T,which consent shall not be unreasonably withheld or delayed.Any such assignment without prior written consent of
AT&T shall be void.
8. Liability: The liability of AT&T, its affiliates, successors, agents or assigns for damages from Service interruptions or
defects shall not exceed the pro rata amount of Monthly Charges for the time Service was affected.
9. Tariffs: In the event of conflict or discrepancy between provisions of this Order and provisions of the applicable tariff, the
provisions of the tariff will prevail. This Order and the applicable tariff are the complete agreement of the parties and
supersede any discussions, representation, proposals,written or oral, concerning the Service.
10. Jurisdiction: Customer acknowledges and certifies that more than 10% of the traffic (including Internet traffic) on the
circuit(s) is interstate in nature.
CONFIDENTIAL INFORMATION
This Confirmation of Service Order is for use by authorized employees of the parties hereto only
and is not for general distribution within or outside their companies.
OPT-E-MAN—FCC_CSO RBOC_reg
Page 1 of 3 06/01/06 pw9469
AT&T OPT-E-MAN®
FCC Special Access Tariff
Confirmation Of Service Order
Your signature acknowledges that you understand and accept the terms and conditions for OPT-E-MAN®Service and
that you are authorized to make the commitments under this Order.
City of San Bernardino AT&T GLOBAL SERVICES
Authorized Customer Signature Authorized AT&T Signature
Print Name Print Name
_ Contract Management
Title Title
Date Date
300 N. D st.
Billing Address
San Bernardino,Ca 92418
City, State, and Zip
Existing Billing Account Number(if applicable)
Order Type: ® New Install ❑ Renewal ❑ Change
Term Payment Plan: ❑ 12 Months ❑ 24 Months ❑ 36 Months ®60 Months
rr Service: ® Basic Service ❑ Basic Plus
Number of Connections: 1 Grade of Service: ® Bronze ❑ Silver
Number of Locations: 1 (Bandwidth per connection is listed in Exhibit 1)
Number of Repeaters:0 Total Number of EVCs: 1 (Number of EVCs per connection is listed in Exhibit 1)
Requested Cutover Date: 917/07
Monthly Charge for Connections$1800.00
Monthly Charge for Repeaters $0.00
Bandwidth Usage and EVC Charges per month$0.00
TOTAL CHARGES PER MONTH$ 1800.00
Non-recurring Service Charges $75.00
SERVICE CONFIGURATION IS ATTACHED AS EXHIBIT 1
This section forintemal u'se.on/y
Branch Office: AT&T Business Solutions Center Location:
Sales Contact:
Phone: Promotion Code:
Fax:
Sales Code:
Contract must be returned by salesperson to Contract Management:
2600 Camino Ramon,2S303,San Ramon, CA 94583
CONFIDENTIAL INFORMATION
This Confirmation of Service Order is for use by authorized employees of the parties hereto only
and is not for general distribution within or outside their companies.
OPT-E-MAN FCC CSO RBOC reg
Paae 2 of 3 mini ma�.,coArm
AT&T OPT-E-MAN®
FCC Special Access Tariff
Confirmation Of Service Order
EXHIBIT 1
OPT-E-MAN®SERVICE CONFIGURATION
Name of
Customer:Premises Address Connection Type ,
Serving Wire Center
300 N. D st.
San Bernardino,Ca 92418 COTNCAI I Basic 10/100 Mbps 0 50 1
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
[select one]
(select one]
[select one]
[select one]
CONFIDENTIAL INFORMATION
This Confirmation of Service Order is for use by authorized employees of the parties hereto only
and is not for general distribution within or outside their companies.
OPT-E-MAN FCC_CSO RBOC reg
Page 3 of 3 narnirna n.,oaao
Agreement for
AT&T PremlerSERVSM Dedicated Internet Access(DIA)
This Agreement between AT&T Global Services(on behalf of AT&T Internet Services)referred to herein as "AT&T'and City of
San Bernardino("Customer"), is effective on the date of last execution. Execution of this Agreement is conditioned on AT&Ts
approval of Customers credit. AT&T reserves the right to reject this Agreement or require a deposit based on Customers credit.
Installation Site City of San Bernardino
Valid only for new Customer ordering Ethernet
300 N st
San Bernardino,CA 92418. DIA. Any other use is prohibited.
Basic-Port
Contract Term:60 Months Quantity Monthly Charge Installation Charge
Basic-Port EDIA OPT-E-MAN('50.0 Mbps)
1
Domain Name Service 2318
Business Email(300Mb Complimentary)
Payment for Services
Total Initial Charges Due 60.00
Total Monthly Charges DueF $2,318.00
Estimated Service Activation Date:12-16 Weeks from Contract Signature Date
Service Demarc to customer is:SBCIS Servicng Wire Center for CA-IRVINE(730)Internet POP
Price Quote(s)contained on this page are valid until 09/02/2007
AT&T Address(for Notice Purposes):AT&T Internet Services,P.O.Box 941127, Plano,TX 75094.1127
Customer Support Telephone Number:1-866-937-3664
Governing Law State:California
The AT&T PremierSERVSM Dedicated Internet Access Service Terms and Conditions(Version 4.3)are available online at
http://dedicated sbcis.sbc.com/NDWS/sbc_policy/terms.jsp,and are incorporated herein by reference.
CUSTOMER AT&T INTERNET SERVICES,INC.
(Signature)
(Signature)
Name.
Name:
Title:
Title:
Date:
Date:
CONFIDENTIAL INFORMATION
MSOT Id:69053-93443 This Agreement is for use by authorised employees of the parties hereto only and is not for general
ECATS No.:null fi Yb'EPE/C�V Ii41 T 11 C/e(ic m nies.
yr v s.41 f1 j V tl�����
Agreement AT&TIS PremierServ_DIA_4.3 Updated o8/15R76
.1a1re� F. penman,
City Attorney
n