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HomeMy WebLinkAbout2014-026 RESOLUTION NO. 2014-26 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE AGREEMENT AND AUTHORIZATION TO ORDER (ATO) WITH VERIZON, INC., 4 FOR WIRELESS NETWORK CONNECTION 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a 7 Vendor Service Agreement between Verizon, Inc., and the City of San Bernardino, attached 8 9 hereto marked Exhibit"A." 10 SECTION 2. That the City Manager, or his designee, is hereby authorized to execute an 11 "Authorization to Order" (ATO) under state contract, marked Exhibit"A-2," for CALNET2 12 (Verizon Circuit) services from Verizon Business Group. 13 SECTION 3. The authorization granted hereunder shall expire and be void and of no 14 further effect if the Agreements are not executed by all parties and returned to the Office of the 15 City Clerk within sixty(60) days following adoption of the Resolution. 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 /// 23 24 /// 25 /// /// 1 2014-26 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE 2 AGREEMENT AND AUTHORIZATION TO ORDER (ATO) WITH VERIZON, INC., 3 FOR WIRELESS NETWORK CONNECTION 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 joint regular meeting thereof, 6 held on the 3rd day of February , 2014, by the following vote,to wit: 7 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 8 MARQUEZ X 9 JENKINS X 10 VALDIVIA X 11 SHORETT X VACANT 12 JOHNSON X 13 MULVIHILL X 14 15 George Hanna,C ir Clerk 16 The foregoing Resolution is hereby approved this —4. of February , 2014. 17 �\111■41111■zah. 18 'IRJ. Morris, " or Ci • an Bernardino 19 Approved as to form: 20 GARY D SAENZ, City Attorney 21 BY: milk�rLU St--c 22 23 24 25 2 2014-26 EXHIBIT "A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into 3rd day of February 2014, by and between Cellco Partnership dba Verizon Wireless ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: WHEREAS,the City of San Bernardino has determined that it is advantageous and in the best interest of the CITY to contract for the installation for Verizon's 4G LTE wireless network services; and WHEREAS, the CITY is requesting a selected source purchase of the above services due to Verizon having more 4G LTE coverage than any other competitors that offer 4G LTE services. NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. This is an Agreement to purchase under the State of California WSCA Participating Addendum, and is subject to the terms of the State of California WSCA Participating Addendum. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR per device per month for wireless services as set forth on Exhibit "B," attached hereto and incorporated herein. 2014-26 b. No other expenditures made by VENDOR shall be reimbursed by CITY unless authorized by the CITY's representative. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This agreement shall continue thereafter on a yearly basis unless terminated by either party with thirty (30) days written notice; provided; however, that since this Agreement is a local agreement under the State of California WSCA Participating Addendum, this Agreement will automatically end on the date the State of California WSCA Participating Addendum ends, which is October 31, 2016, without the need for notice. Except as otherwise provided in an Order Form, this Agreement becomes effective on the date the Agreement has been signed by both parties. VENDOR reserves the right, in its discretion, to suspend or terminate this Agreement if any payment on CITY's account becomes past due by more than 90 days. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. 2014-26 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 2014-26 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: Allen Parker City Manager City of San Bernardino 300 North"D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 2014-26 TO THE VENDOR: Todd Loccisano Executive Director, Enterprise & Government Contracts Cellco Partnership dba Verizon Wireless 7600 Montpelier Road Laurel, MD 951-255-2170(Joseph Bowman, Sales Rep) 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 2014-26 Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 2014-26 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2014 CELLCO PARTNERSHIP DBA VERIZON WIRELESS By: Its: Dated , 2014 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: ii By: _ / A 2 a aenz, City Attorney 2014-26 EXHIBIT A SCOPE OF SERVICES Wireless services WSCA Unlimited Mobile Broadband Plan—135 Lines 2014-26 EXHIBIT B COST OF SERVICES WSCA Unlimited Mobile Broadband Plan $37.99 per month access fee(recurring) Taxes/Surcharges-see attached spreadsheet for details of current amounts for lines within the City of San Bernardino. 2014-26 VZW-Taxes and VZW Surcharges for the Following Location Location-San Berndino,CA(within municipal limits) Rates as of November 1,2013 FT-,...-- k r y :'3 .. .,.te`i t.p 8p.." a b, ..�1.. w. h ..�, F I - 1 � s r 1 .i gi i r I E111 t q _ F J1 ',;'1, i. s..�o ...a �w �' .a m $1 a i : a x u k r d a ,._. ,..,,LI CA Advanced Srvcs Fund(CASF) TELECOMMUNICATIONS SERVICE 0.164000% Tax .•v, . I T- ••• • CA Advanced Srvcs Fund(CASF) TELECOMMUNICATIONS 0.126900% Tax CA Advanced Srvcs Fund(CASF) CA ADVANCED SVRCS FUND(CASF) VOIP RATE 0.057600% Tax . . • • • 1•• • • -J. • CA State High Cost Fund(A) TELECOMMUNICATIONS SERVICE 0.180000% Tax CA State High Cost Fund(A) CA STATE HIGH COST FUND(A) TELECOMMUNICATIONS 0.139300% Tax CA State High Cost Fund(A) CA STATE HIGH COST FUND(A) VOIP RATE 0.063200% Tax . • - • • I•• • , •J• . CA State High Cost Fund(B) TELECOMMUNICATIONS SERVICE 0.300000% Tax CA State High Cost Fund(B) CA STATE HIGH COST FUND(B) TELECOMMUNICATIONS 0.232200% Tax CA State High Cost Fund(B) CA STATE HIGH COST FUND(B) VOIP RATE 0.105300% Tax •.. U'! •- • • -J. • CA Teleconnect Fund Surchg TELECOMMUNICATIONS SERVICE 0.590000% Tax CA Teleconnect Fund Surchg TELECOMMUNICATIONS 0.456700% Tax CA Teleconnect Fund Surchg CA TELECONNECT FUND SURCHG VOIP RATE 0.207090% Tax San Bernardino City Sales Tax CITY SALES TAX GENERAL MERCHANDISE 0.250000% Tax San Bernardino Cnty Dist Tax COUNTY DISTRICT SALES TAX GENERAL MERCHANDISE 0.500000% Tax San Bernardino Cnty Sales Tax COUNTY SALES TAX GENERAL MERCHANDISE 1.250000% Tax • li l 1 - -, •• . - • Fed Universal Service Charge TELECOMMUNICATIONS SERVICE 15.600000% VZW Surcharge Fed Universal Service Charge TELECOMMUNICATIONS 3.690000% VZW Surcharge • 1• v -••f• •V V S • Fed Universal Service Charge INTERSTATE/INTERNATIONAL LD TOLL 15.600000% VZW Surcharge Fed Universal Service Charge FED UNIVERSAL SERVICE CHARGE VOIP RATE 10.120000% VZW Surcharge LIFELINE SURCHARGE/TELECOM SRVC ASSITANCE Lifeline Surcharge-CA SURCHG INTRASTATE TELECOMMUNICATIONS SERVICE 1.150000% Tax 1- • V •' -y • •. Lifeline Surcharge-CA SURCHG TELECOMMUNICATIONS 0.890100% Tax I. •r•• y •' -. • Lifeline Surcharge-CA SURCHG VOIP RATE 0.403650% Tax San Bernardino City UUT LOCAL UTILITY USERS TAX TELECOMMUNICATIONS 7.75%-Exempt Tax Regulatory Charge REGULATORY CHARGE INTERNET ACCESS $0.02 VZW Surcharge Regulatory Charge REGULATORY CHARGE TELECOMMUNICATIONS $0.21 VZW Surcharge Regulatory Charge REGULATORY CHARGE VOIP RATE $0.21 VZW Surcharge CA State 911 Fee STATE 911 TAX TELECOMMUNICATIONS 0.5%-Exempt Tax CA State 911 Fee STATE 911 TAX VOIP RATE 0.1755%-Exempt Tax CA State PUC Fee 0.18000% VZW Surcharge CA State PUC Fee STATE PUC FEE TELECOMMUNICATIONS 0.13930% VZW Surcharge CA State Sales Tax STATE SALES TAX GENERAL MERCHANDISE 6.25000% Tax • U - • ■ r,- -, I T T ! ! 1.• CA Relay Srvc/Comm Device Fund INTRASTATE TELECOMMUNICATIONS SERVICE 0.20000% Tax t - • - w • -r •r r • V •,• CA Relay Srvc/Comm Device Fund TELECOMMUNICATIONS 0.15480% Tax • 1 • - I•• -1 •1 1 • V 1.• CA Relay Srvc/Comm Device Fund VOIP RATE 0.07020% Tax NOTE:Results based on current tax/surcharge rates for a typical customer.Actual taxes/surcharges on a customer's bill could differ if rates have changed or if the customer's situation is not typical. 2014-26 EXHIBIT A-2 AUTHORIZATION TO ORDER UNDER STATE CONTRACT Verizon Business ("Contractor") and the State of California ("State") have entered into a Contract for California Integrated Information Network(CALNET) 2 ("CALNET 2") MSA 3 Services dated January 30, 2007 ("Contract"), for a term of five years. The State may, at its sole option, elect to extend the Contract term for up to two(2)additional periods of one(1)year each Pursuant to the Contract, which is incorporated herein by reference, any public agency as defined in Government Code Section 11541 is allowed to order services and products solely as set forth in the Contract("Service(s)"). 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. City of San Bernardino ("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. 1. This ATO shall become effective upon execution by Non-State Agency, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTech/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 OTech/STND. 2. With respect to Services ordered under this ATO, Non-State Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a two (2) year commitment period starting from the Effective Date of the ATO, provided that such commitment does not extend beyond the Term of the Contract, including any extension periods. Any Services ordered subsequent to the end of the two (2) year commitment period shall not extend the two (2) year commitment period. 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 earlier 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 completes, and may add, delete or change Services without penalty or additional commitment periods (unless a specific Service requires a term per the Contract). 4. Subject to paragraph 5 below,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. 5. 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 Service(s) are terminated after the two (2) year commitment period, no termination liability shall apply. PAGE 1 ATTACHMENT 5 EXHIBIT A-2 Rev.Amendment 12 2014-26 6. 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 Module to another, if the Contractor is the same for both Modules or is affiliated with the Contractor for the other Module. 7. 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. Within seven (7) business days after execution of this ATO by Non-State Agency and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval. 8. The OTech/STND will provide Contract management and oversight, and upon request by the Non- State Agency or Contractor, will advocate to resolve 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 of litigated disputes between the parties. 9. Non-State Agency, upon execution of this ATO, 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. 10. Non-State Agency, upon execution of this ATO, certifies that Non-State Agency has reviewed the terms and conditions,including the rates and charges,of the Contract. 11. 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. 12. 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. 13. 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). 14. If the Service(s) ordered under a STD. 20 are installed, and after the first fiscal year 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. 15. Whenever any notice or demand is to be given under this Contract to Contractor or Non-State Agency,the notice shall be in writing and addressed to the following: PAGE 2 ATTACHMENT 5 EXHIBIT A-2 Rev.Amendment 12 2014-26 Non-State Agency: Contractor: City of San Bernardino Verizon Business Address: Address: 300 North "D" Street 11080 White Rock Road San Bernardino, CA 92418 Suite 200 Rancho Cordova,CA 95670 Attn: Attn:Contract Program Manager 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)days after 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 Contractor: Non-State Agency: City of San Bernardino By: By: Alle Parker Title: Title: City Manager Date Signed: Date Signed: •03/t/ Approved By: Office of Technology Services, Statewide Telecommunications and Network Division By: Title: Date Signed: PAGE 3 ATTACHMENT 5 EXHIBIT A-2 Rev.Amendment 12 2014-26 ver:Zgpbusiness CALNET 2 Authorization to Order(ATO) MSA 3 -Contract ID 5-06-58-22 Exhibit A-2,Attachment 1 Hosted Standalone IP Telephony Business Line Service - IP Phone Hardware CPE - Hosted Standalone Standalone IP Telephony Voicemail Service - IP Audio Conferencing Services 3ry Converged Services, IP Telephony Business Line Services - IP Phone Hardware CPE - Converged Services, IP Telephony Voicemail Services - IP Audio Conferencing Services • ! X IP and Network IP Transport Services X IP and Network IP Transport Services-Security Services Internet Dedicated Access(IDA)Transport Services - IP Flexible T1 Services t tF ( ,Ypqo R p? ■ q �gptr7 g, g ¢ {z pp I.n,ai„flr;Yza fi1t !'� w 9Aknnk" f,;4�..�u'4� � A kt,,.:....,-.i: X Converged Services, Customer Premise Equipment(CPE) Converged IP Network Based Automatic Call Distribution(ACD)Services Virtual Contact Center(VCC) Services - IP Network Based ACD Agent Package - IP Network Based ACD Supervisor Package - IP Network Based ACD System Administrator's Software Package - IP Network Based Interactive Voice Response(IVR)Service - IP Network Based Specialized Call Routing(SCR)Service - IP Network Based Computer Telephone Integrated(CTI)Service - Contact Center Consulting Services � m f� �� t .n„»;.asu.��e1�v-„r:.... .d_.�...�.�,,..�ou S �� v '�'SfY&r� �, ffi�b44 ��� .. '••�. .. .. .ei(a, sus unv .�e aac a, y�i Ca ysE"t,",4`s&s[_n IP Network Based Managed IP Video Conference Service Unified Messaging Low Voltage Simple Wiring Services, Services Entrance, and Extended Termination - Station Wiring - Inside Wiring Services X Services Related Hourly Support Page 1 of 1 ATO_Attachment_MSA3_v4-2/26/13 2014-26 EXHIBIT A-2 AUTHORIZATION TO ORDER UNDER STATE CONTRACT Verizon Business ("Contractor") and the State of California ("State") have entered into a Contract for California Integrated Information Network(CALNET) 2 ("CALNET 2") MSA 3 Services dated January 30, 2007 ("Contract"), for a term of five years. The State may, at its sole option, elect to extend the Contract term for up to two(2)additional periods of one(1)year each. Pursuant to the Contract,which is incorporated herein by reference, any public agency as defined in Government Code Section 11541 is allowed to order services and products solely as set forth in the Contract("Service(s)"). 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 City of San Bernardino ("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. 1. This ATO shall become effective upon execution by Non-State Agency, Contractor, and the Office of Technology Services, Statewide Telecommunications and Network Division (OTech/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 OTech/STND. 2. With respect to Services ordered under this ATO, Non-State Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a two (2) year commitment period starting from the Effective Date of the ATO, provided that such commitment does not extend beyond the Term of the Contract, including any extension periods. Any Services ordered subsequent to the end of the two (2) year commitment period shall not extend the two (2) year commitment period. 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 earlier 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 completes, and may add, delete or change Services without penalty or additional commitment periods (unless a specific Service requires a term per the Contract). 4. Subject to paragraph 5 below,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. 5. 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 Service(s) are terminated after the two (2) year commitment period, no termination liability shall apply. PAGE 1 ATTACHMENT 5 EXHIBIT A-2 Rev.Amendment 12 2014-26 6. 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 Module to another, if the Contractor is the same for both Modules or is affiliated with the Contractor for the other Module. 7. 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. Within seven (7) business days after execution of this ATO by Non-State Agency and Contractor, Contractor shall deliver this ATO to OTech/STND for review and approval. 8. The OTech/STND will provide Contract management and oversight, and upon request by the Non- State Agency or Contractor, will advocate to resolve 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 of litigated disputes between the parties. 9. Non-State Agency, upon execution of this ATO, 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. 10. Non-State Agency, upon execution of this ATO, certifies that Non-State Agency has reviewed the terms and conditions, including the rates and charges,of the Contract. 11. 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. 12. 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. 13. 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). 14. If the Service(s) ordered under a STD. 20 are installed, and after the first fiscal year 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. 15. Whenever any notice or demand is to be given under this Contract to Contractor or Non-State Agency,the notice shall be in writing and addressed to the following: PAGE 2 ATTACHMENT 5 EXHIBIT A-2 Rev.Amendment 12 • 2014-26 Non-State Agency: Contractor: City of San Bernardino Verizon Business Address: Address: 300 North "D" Street 11080_Whi�RockRoad San Bernardino, CA 92418 Suite 200 Rancho Cordova.CA 95¢20 Attn: Atm:Contract Program Manager 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)days after 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 Contractor: Non-State Agency: City of San Bernardino By: By: Alle Parker Title: pin Title: City Manager Date Signed: (C _, Date Signed: .p-S7/0/1/ Approved By: Office of Technology Services, Statewide Telecommunications and Network Division By: -a Title: Au 4 Date Signed: 63/f//`y' PAGE 3 ArrACRmENT S EX JJIIT A-2 n... 12 CALNET 2 Authorization to Order(ATO) MSA 3-Contract ID 5-06-58-22 Exhibit A-2,Attachment 1 Hosted Standalone IP Tele.hon Business Line Service IP Phone Hardware CPE - Hosted Standalone Standalone IP Tel-•hon Voicemail Service IP Audio Conferencin•Services Convened Services IP Tele. .n Business Line Services IP Phone Hardware CPE - Conve•=d Services IP Tele•hon Voicemail Services IP Audio Conferencin.Services X IP and Network IP Tran.••rt Services if IP and Network IP Trans.•rt Services-Securi Services Internet Dedicated Access IDA Trans.• Services IP Flexible T1 Services Min Conver.ed Services Customer Premise E•ui.ment CPE 1111121111111 Conve•r IP Network Based Automatic Call Distribution ACD Services Virtual Contact Center CC Services - IP Network Based ACD A.ent Packet = IP Network Based ACD Su.=rvisor Packa.e IP Network Based ACD S tern Administrator's Software Packa•e - IP Network Based Interactive Voice Res..nse IVR Service - • `e • :ase• •= aized a -oubn. (J ervice - IP Network Based Com.uter Tele.hone Int=±rated CTI Service Contact Center Consultin.Services IP Network Based Mane ed IP Video Conference Service Unified Messa.in. Low Volta.=Sim•le Wirin.Services Services Entrance,and Extended Termination Station Wirin• Inside Wirin.Services X Services Related Hour Su...rt !'�a Page 1 of 1 ATO Attachment MSA3_v4-2/26/13 2014-26 EXHIBIT"A" VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into 3rd day of February 2014, by and between Cellco Partnership dba Verizon Wireless ("VENDOR") and the City of San Bernardino("CITY"or"San Bernardino"). WITNESSETH: WHEREAS,the City of San Bernardino has determined that it is advantageous and in the best interest of the CITY to contract for the installation for Verizon's 4G LTE wireless network services;and WHEREAS, the CITY is requesting a selected source purchase of the above services due to Verizon having more 4G LTE coverage than any other competitors that offer 4G L'I'E services. NOW,THEREFORE,the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. This is an Agreement to purchase under the State of California WSCA Participating Addendum, and is subject to the terms of the State of California WSCA Participating Addendum. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR per device per month for wireless services as set forth on Exhibit "B," attached hereto and incorporated herein. 2014-26 b. No other expenditures made by VENDOR shall be reimbursed by CITY unless authorized by the CITY's representative. 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This agreement shall continue thereafter on a yearly basis unless terminated by either party with thirty (30) days written notice; provided; however, that since this Agreement is a local agreement under the State of California WSCA Participating Addendum, this Agreement will automatically end on the date the State of California WSCA Participating Addendum ends, which is October 31, 2016, without the need for notice. Except as otherwise provided in an Order Form, this Agreement becomes effective on the date the Agreement has been signed by both parties. VENDOR reserves the right, in its discretion, to suspend or terminate this Agreement if any payment on CITY's account becomes past due by more than 90 days. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR,its officers,agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. 2014-26 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file Certificates showing coverage of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional insured in each Certificate of insurance provided hereunder. The VENDOR or VENDOR'S carrier shall notify CITY of any termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 2014-26 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, Ioss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file Certificates showing coverage of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional insured in each Certificate of insurance provided hereun er. of The VENDOR or VENDOR'S carrier shall notify CITY of any terminationio.the policy. A 6. NON-DISCRIMINATION. r'ec kel4b'i 1 MG/2014Ct.rnuu )1oe In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or 2014-26 sexual orientation,or any other status protected by law,except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9, NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: Allen Parker City Manager City of San Bernardino 300 North"D"Street San Bernardino,CA 92418 Telephone: (909)384-5122 2014-26 TO THE VENDOR: Todd Loccisano Executive Director,Enterprise&Government Contracts Cellco Partnership dba Verizon Wireless 7600 Montpelier Road Laurel,MD 951-255-2170(Joseph Bowman, Sales Rep) 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 2014-26 Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives,successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT;MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties,and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 2014-26 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2014 CELLCO PARTNERSHIP DBA VERIZON WIRELES ' Approv As Tp Fora; By By: ,th.:,.� Jill Kalliomaa Counsel To.d Loccisano Verizon Wireless Its: Executive Director contractihr9 Dated , 2014 CITY OF SAji BERNARDINO By: �/� -c_ City Parker, tY Manager Approved as to Form: By: _/ A y A ‘k-LC- - aenz, City Attorney fU 2014-26 EXHIBIT A SCOPE OF SERVICES Wireless services WSCA Unlimited Mobile Broadband Plan—135 Lines 2014-26 EXHIBIT B COST OF SERVICES WSCA Unlimited Mobile Broadband Plan $37.99 per month access fee(recurring) Taxes/Surcharges-see attached spreadsheet for details of current amounts for lines within the City of San Bernardino. Streaming video and machine-to-machine applications are prohibited uses on this plan. Verizon Wireless will limit data throughput speeds in any given month that 5GB of usage is exceed on a per line basis 2014-26 VZW-Taxes and VZW Surcharges for the Following Location Location-San Bemdino,CA(within municipal limits) Rates as of November 1,2013 of 1 i• 1 r. j7. -r"ti. • CA Advanced SNCS Fund(CASE) TELECOMMUNICATIONS SERVICE 0.164000X MIMI-._.,.. r_ • Ir• •r, _ .. CA Advanced Srvcs Fund(CASE) TELECOMMUNICATIONS 0.126900% Tax CA Advanced Srvcs Fund(CASF) CA ADVANCED SVRCS FUND(CASF) VOIP RATE 0.057600% Tax CA State High Cost Fund(A) TELECOMMUNICATIONS SERVICE 0.180000% Tax CA State High Cost Fund(A) CA STATE HIGH COST FUND(A) TELECOMMUNICATIONS 0.139300% Tax CA STATE HIGH COST FUND(A) VOIP RATE 0083200X CA State High Cost Fund(B) TELECOMMUNICATIONS SERVICE 0.300000% CA State High Cost Fund(B) CA STATE HIGH COST FUND(B) TELECOMMUNICATIONS 0.232200% CA State High Cost Fund(B) CA STATE HIGH COST FUND(B) VOIP RATE 0.105300% Tax CA Teleconnect Fund Surchg TELECOMMUNICATIONS SERVICE 0.590000% Tax CA Teleconnect Fund Surchg TELECOMMUNICATIONS 0.456700% Tax CA Teleconnect Fund Surchg CA TELECONNECT FUND SURCHG VOIP RATE 0.207090% Tax San Bernardino City Sales Tax CITY SALES TAX GENERAL MERCHANDISE 0.250000% Tax San Bernardino Cnty Dlstr Tax COUNTY DISTRICT SALES TAX GENERAL MERCHANDISE 0.500000% Tax San Bernardino Cnty Sates Tax COUNTY SALES TAX GENERAL MERCHANDISE 1250000% EIIMIM TELECOMMUNICATIONS SERVICE 15.600000% VZW Surcharge ■ 1!-• •v-1 •r L- 1•t• Fed Universal Service Charge TELECOMMUNICATIONS 3590000% EMIR Fed Universal Service Charge INTERSTATE/INTERNATIONAL LD TOLL 15.800000% EMI Fed Universal Service Charge FED UNIVERSAL SERVICE CHARGE VOIP RATE 10.120000% VZW Surcharge LIFELINE SURCHARGE/TELECOM SRVC ASSITANCE Lifeline Surcharge-CA SURCHG INTRASTATE TELECOMMUNICATIONS SERVICE 1.150000% _. - .. _... -., 1 S I. rd- J t •• •r 1♦. Lifeline Surcharge-CA - - • , NI TI•. 0.890100% Tax r :'r•_. .y •r -7 Lifeline Surcharge-CA . URCHG VOIP RATE 0.403650% Tax San Bernardino City UUT LOCAL UTILITY USERS TAX TELECOMMUNICATIONS 7.75%-Exempt Tax Regulatory Charge REGULATORY CHARGE INTERNET ACCESS $0.02 VZW Surcharge Regulatory Charge REGULATORY CHARGE TELECOMMUNICATIONS $0.21 VZW Surcharge Regulatory Charge REGULATORY CHARGE VOIP RATE S0.21 VZW Surcharge _ - e STATE 911 TAX TELECOMMUNICATIONS 0.5%-Exempt EZMEZgrjIMIIIIIIMIMB STATE 911 TAX VOIP RATE 0.1755%-Exempt Tax CA State PUC Fee 0.18000% VZW Surcharge CA Slate PUC Fee STATE PUC FEE TELECOMMUNICATIONS 0.13930% VZW Surcharge CA State Sales Tax STATE SALES TAX GENERAL MERCHANDISE 6.25000% Tax 1 .p. • a . -.••r, ••I$ .cr_..-• 1•r _._. CA Relay Srvc/Comm Device Fund INTRASTATE TELECOMMUNICATIONS SERVICE 0.20000% Tax CA Relay Srvc/Comm Device Fund TELECOMMUNICATIONS 0.15480% Tax CA Relay Srvc/Comm Device Fund VOIP RATE 0.07020% IIIIIIIIIII NOTE:Results based on current tax/surcharge rates for a typical customer.Actual taxes/surcharges on a customer's bill could differ if rates have changed or if the customer's situation is not typical.