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HomeMy WebLinkAbout05.F- Police RESOLUTION (ID #2902) DOC ID: 2902 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Jarrod Burguan M/CC Meeting Date: 02/03/2014 Prepared by: Susan Stevens, Dept: Police Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Authorization to Order(ATO) with Verizon, Inc., for a Wireless Network Connection. (#2902) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: $381,000.00 Account No. 108-210-0082-5505 Account Description: Asset Forfeiture Other Professional Services Balance as of: 01/15/2014 Balance after approval of this item: $92,974.61 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: October 21, 2013 Resolution 2013-294 authorizing the execution of vendor service agreement with Quick PC Support, LLC, for 4G wireless hardware installation in police vehicles and Verizon, Inc., for wireless network connection; and a purchase order to Dell, Inc., for the purchase of two network servers, approved by Council. Background: On October 21, 2013, the Mayor and Common Council of the City of San Bernardino approved upgrading the Police Department's wireless network that is used for mobile computer operations. The upgrade involves receiving wireless service directly from Verizon, Inc., instead of from the County of San Bernardino Information Services Division, which is currently the case. Two vendor service agreements were requested as part of this project. One vendor service agreement was for Quick PC Support, LLC, who will provide hardware installation services. This agreement has been signed by all involved parties. The other vendor service agreement was for Verizon, Inc., who will provide the wireless connection services. It was discovered, after the approval of Resolution 2013-294, that Verizon, Inc., requires some modifications to the vendor service agreement between the City of San Bernardino and Verizon, Inc. Verizon, Inc., advised that the CALNET2 (hardwired) portion of the wireless service, provided Cr by Verizon Business Group, could not be encapsulated within one vendor service agreement Updated: 1/28/2014 by Georgeann"Gigi"Hanna A Packet'Pg.'54! P5F 2902 between the City of San Bernardino and Verizon, Inc. The CALNET2 agreement must stand alone due to the fact that it is part of a current state contract. As a result, it is requested that the Mayor and Common Council approve the modification of the vendor service agreement, which only includes services from Verizon's Wireless Group. It is also requested that the Mayor and Common Council approve signage of the "Authorization to Order," (ATO), which allows Verizon's Business Group to build the infrastructure and services needed to provide the circuit connection necessary for the wireless system. In addition, the vendor service agreement between the City of San Bernardino and Verizon, Inc., that was approved in resolution 2013-394 has expired. The updated vendor service agreement does not increase the financial impact that was established in Resolution 2013-294. The costs for the Verizon, Inc., services described in Resolution 2013-294 are as follows: Asset Forfeiture Funds -Account# 108-210-0082*5505 Verizon, Inc. - initial connection costs $ 1,578.67 Verizon, Inc. -monthly wireless fees prior to change-over(estimate) $ 9,564.81 I.T. Fund Annual Purchase Order--Account#679-250-0062*5502 Verizon, Inc. -Monthly wireless fees through ($5,900/month) 6/30/13 $ 63,000.00 All of the above costs were encumbered into purchase orders after the approval of Resolution 2013-294. City Attorney Review: Supporting Documents: reso 2902 (PDF) Agrmt 2902-Exhibit A (PDF) City of San Bernardino ATO MSA 3-Exhibit A-2 (PDF) Updated: 1/28/2014 by Georgeann"Gigi"Hanna A Packet,Pg.55'' 5.F.a I RESOLUTION NO. c 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA d 3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVIC AGREEMENT AND AUTHORIZATION TO ORDER (ATO) WITH VERIZON, INC. 00 4 FOR WIRELESS NETWORK CONNECTION o 3 r 5 NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL z OF THE CITY OF SAN BERNARDINO AS FOLLOWS: y 6 d SECTION 1. That the City Manager,or his designee, is hereby authorized to execute a 7 � ti Vendor Service Agreement between Verizon, Inc., and the City of San Bernardino, attached 8 O 9 hereto marked Exhibit"A." 10 SECTION 2. That the City Manager,or his designee, is hereby authorized to execute an 3 11 "Authorization to Order" (ATO)under state contract,marked Exhibit"A-2,"for CALNET2 0 O 12 (Verizon Circuit) services from Verizon Business Group. O w 13 SECTION 3. The authorization granted hereunder shall expire and be void and of no N 14 further effect if the Agreements are not executed by all parties and returned to the Office of the 3 Q 15 City Clerk within sixty(60) days following adoption of the Resolution. a 16 E 17 P 18 v 19 U) L 20 y 21 c rn 22 N O 23 O 24 /// ` c a� 25 /// E s 1 Packk:Pg.56 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE c 2 AGREEMENT AND AUTHORIZATION TO ORDER (ATO) WITH VERIZON, INC. 3 FOR WIRELESS NETWORK CONNECTION o U 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 1 0 ' 3 5 Common Council of the City of San Bernardino at a meeting thereof, ' z N 6 held on the day of ,2014, by the following vote,to wit: L 7 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT _ s MARQUEZ _ N 9 JENKINS 10 VALDIVIA 3 SHORETT 11 L VACANT 0 1 ! r 2 JOHNSON o 13 MULVIHILL N i L 0 14 a 15 Georgeann Hanna, City Clerk 16 The foregoing Resolution is hereby approved this of ,2014. E as 17 L I 18 Patrick J. Morris,Mayor a, City of San Bernardino j 19 Approved as to form: 0 20 GARY D SAENZ, City Attorney > 21 N 0 By: UJE 22 N O O 23 0 m 24 d 25 E s a 2 Packet-Pg. 57 EXHIBIT"A" Q 0 Lo VENDOR SERVICE AGREEMENT 3 d z This Vendor Service Agreement is entered into day of February 2014, by and N as a� between Cellco Partnership dba Verizon Wireless ("VENDOR") and the City of San Li Bernardino ("CITY"or"San Bernardino"). _ 0 N L WITNESSETH: > s WHEREAS,the City of San Bernardino has determined that it is advantageous and in 3 a� the best interest of the CITY to contract for the installation for Verizon's 4G LTE wireless o 0 _ network services;and g Y WHEREAS, the CITY is requesting a selected source purchase of the above services o s r due to Verizon having more 4G LTE coverage than any other competitors that offer 4G LTE a �o services. s; NOW,THEREFORE,the parties hereto agree as follows: E L 1. SCOPE OF SERVICES. a Q For the remuneration stipulated, CITY hereby engages the services of VENDOR to 0 Cn L provide those products and services as set forth on Exhibit "A," attached hereto and d incorporated herein. This is an Agreement to purchase under the State of California WSCA N 0 0 Participating Addendum, and is subject to the terms of the State of California WSCA Q Participating Addendum. :E X 2. COMPENSATION AND EXPENSES. N 0 rn a. For the services delineated above,the CITY, upon presentation of an invoice, shall r E L pay the VENDOR per device per month for wireless services as set forth on Exhibit a _ "B,"attached hereto and incorporated herein. E s r a Packet;Pg. 58 Y O b. No other expenditures made by VENDOR shall be reimbursed by CITY unless Z authorized by the CITY's representative. as L_ V c C O N 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This agreement shall 3 L continue thereafter on a yearly basis unless terminated by either party with thirty (30) days 0 provided; however, that since this Agreement is a local agreement under the ° written notice; p $ $ _ O State of California WSCA Participating Addendum, this Agreement will automatically end on L O the date the State of California WSCA Participating Addendum ends, which is October 31, a 2016, without the need for notice. Except as otherwise provided in an Order Form, this c Agreement becomes effective on the date the Agreement has been signed by both parties. d ° VENDOR reserves the right, in its discretion, to suspend or terminate this Agreement if any a d payment on CITY's account becomes past due by more than 90 days. 2 d Cn This Agreement may be terminated at any time by thirty (30) days written notice by `o c either party. The terms of this Agreement shall remain in force unless mutually amended. > N 4. INDEMNITY. N CITY agrees to indemnify and hold harmless VENDOR, its officers,agents and a r volunteers from any and all claims, actions, losses, damages and/or liability resulting from w CITY's negligent acts or omissions arising from the CITY's performance of its obligations N under the Agreement. a c as E U Q Packet Pg.59 O VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and z volunteers from any and all claims, actions, losses, damages and/or liability resulting from as L VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 6 obligations under the Agreement. O In the event the CITY and/or the VENDOR is found to be comparatively at fault for any N claim, action, loss, or damage which results from their respective obligations under the 3 L Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this a 0 O comparative fault. _ O 5. INSURANCE. N L O While not restricting or limiting the foregoing, during the term of this Agreement, a VENDOR shall maintain in effect policies of comprehensive public, general and automobile a liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory E d as L workers' compensation coverage, and shall file copies of said policies with the CITY's Risk a d Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an d W additional named insured in each policy of insurance provided hereunder. The Certificate of `o c Insurance furnished to the CITY shall require the insurer to notify CITY of any change or > N termination in the policy. a 6. NON-DISCRIMINATION. Q 72 In the performance of this Agreement and in the hiring and recruitment of employees, w VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, a r discrimination in employment of persons because of their race, religion, color, national origin, Q ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or m E s �a w r Q Packet,Pg.60 a r } `o sexual orientation,or any other status protected by law,except as permitted pursuant to Section z 12940 of the California Government Code. i 7. INDEPENDENT CONTRACTOR. 6 VENDOR shall perform work tasks provided by this Agreement, but for all intents and E c 0 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 r l 3 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment o Compensation, and other payroll deductions for VENDOR and its officers, agents, and 0 employees, and all business licenses, if any are required, in connection with the services to be N •L 0 s performed hereunder. a 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration E d a� certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, Q 2 qualifications, insurance and approval of whatever nature that are legally required of VENDOR Z �n to practice its business or profession. o 9. NOTICES. > N Any notices to be given pursuant to this Agreement shall be deposited with the United N States Postal Service,postage prepaid and addressed as follows: a TO THE CITY: Allen Parker x w City Manager City of San Bernardino N 300 North"D" Street r San Bernardino, CA 92418 E Telephone: (909) 384-5122 a c d E R 1 a 1 1 Packet Pg.61 0 O TO THE VENDOR: Todd Loccisano Executive Director,Enterprise& Government Contracts z Cellco Partnership dba Verizon Wireless 7600 Montpelier Road i Laurel,MD 951-255-2170(Joseph Bowman, Sales Rep) 0 N 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, 3 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, o including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of Or_ 0 its rights or remedies hereunder or the enforcement of any of the terms, conditions or N L 0 provisions hereof. a a 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or E d as encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior Q d written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void a� and shall constitute a breach of this Agreement and cause for the termination of this o Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR > N of VENDOR's obligation to perform all other obligations to be performed by VENDOR N hereunder for the term of this Agreement. Q 12. VENUE. W The parties hereto agree that all actions or proceedings arising in connection with this N r Agreement shall be tried and litigated either in the State courts located in the County of San E Q Bernardino, State of California or the U.S. District Court for the Central District of California, C E w a Packef 0g.62' L Riverside Division. The aforementioned choice of venue is intended by the parties to be the z mandatory and not permissive in nature. a� L 13, GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 0 N 14. SUCCESSORS AND ASSIGNS. a� This Agreement shall be binding on and inure to the benefit of the parties to this y 3 L Agreement and their respective heirs,representatives,successors, and assigns. 0 15. HEADINGS. 0 w The subject headings of the sections of this Agreement are included for the purposes of N L 0 convenience only and shall not affect the construction or the interpretation of any of its a a provisions. 16. SEVERABILITY. E a� d L If any provision of this Agreement is determined by a court of competent jurisdiction to a a� be invalid or unenforceable for any reason, such determination shall not affect the validity or Z (D U) enforceability of the remaining terms and provisions hereof or of the offending provision in any o c other circumstance, and the remaining provisions of this Agreement shall remain in full force > N and effect. 17. ENTIRE AGREEMENT; MODIFICATION. a w s This Agreement constitutes the entire agreement and the understanding between the w parties, and supersedes any prior agreements and understandings relating to the subject manner o r of this Agreement. This Agreement may be modified or amended only by a written instrument a� a executed by all parties to this Agreement. E r a Packet Pg. 63' L O 3 m z IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day N d as L and date set forth below. Dated: , 2014 CELLCO PARTNERSHIP DBA VERIZON = 6 O WIRELESS By: 3 L Its: L O O O Dated 12014 CITY OF SAN BERNARDINO N �L O By: Allen Parker, City Manager Q Approved as to Form: 0 _ c a� E B?rtyaenz, City Attorney a Cn L O C d > N O Q1 N Q L X W N O N 4+ E L Q E U w Q Packet,Pg. 64 L 0 3 a� EXHIBIT A z N N SCOPE OF SERVICES L Wireless services c WSCA Unlimited Mobile Broadband Plan— 135 Lines N �L 3 L L 0 O c 0 �F+ l0 N �L O �F+ Q C a c d E d d L a _V Cn L O c d N 0 a> N Q w t x w N O O N E Q a. C N i = v a Packet Pg.65 Lo 3 w m z EXHIBIT B N d a� COST OF SERVICES WSCA Unlimited Mobile Broadband Plan c 0 $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. 3 iu L 0 0 _ 0 co N 1- 0 a E d L co a d co L 0 _ d > N O O N_ a Q t X W N O O N v E Q rr _ d E V a r a C I Packet Pg. 66 S.F.b VZW-Taxes and VZW Surcharges for the Following Location Location-San Berndino,CA(within municipal limits) Y L O Rates as of November 1,2013 3 A4 A Z (;AAUVANUI=DSVKCSFUND(CA5F) INTRASTATE N CA Advanced Srvcs Fund(CASF) TELECOMMUNICATIONS SERVICE 0.164000% Tax CA ADVANCED SVRQ6 FUND(CASI-) CA Advanced Srvcs Fund(CASF) TELECOMMUNICATIONS 0.126900% Tax CA Advanced Srvcs Fund(CASF) CA ADVANCED SVRCS FUND(CASF) VOIP RATE 0.057600% Tax = CA 5FA7E HIGH Cos] FUND(A) INTRASTArF CA State High Cost Fund(A) TELECOMMUNICATIONS SERVICE 0.180000% Tax O N 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 L rr CA State High Cost Fund(B) TELECOMMUNICATIONS SERVICE 0.300000% Tax 3 L N 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 0 O CA Teleconnect Fund Surchg TELECOMMUNICATIONS SERVICE 0.590000% Tax = O CA Teleconnect Fund Surchg TELECOMMUNICATIONS 0.456700% Tax N CA Teleconnect Fund Surchg CA TELECONNECT FUND SURCHG VOIP RATE 0.207090% Tax 0 O San Bernardino City Sales Tax CITY SALES TAX GENERAL MERCHANDISE 0250000% Tax +�+ 3 San Bernardino Cnty Distr Tax COUNTY DISTRICT SALES TAX GENERAL MERCHANDISE 0.500000% Tax Q San Bernardino Cnty Sales Tax COUNTY SALES TAX GENERAL MERCHANDISE 1.250000% Tax O R .. Fed Universal Service Charge TELECOMMUNICATIONS SERVICE 15.600000% VZW Surcharge 1­1=10 UNIVERSAL SERVICE CHARUL E Fed Universal Service Charge TELECOMMUNICATIONS 3.690D00% VZW Surcharge y L Fed Universal Service Charge INTERSTATE(INTERNATIONAL LD TOLL 15.60D000% VZW Surcharge Q Fed Universal Service Charge FED UNIVERSAL SERVICE CHARGE VOIP RATE 10.120000% VZW Surcharge v LIFELINE SURCHARGE(TELECOM SRVC ASSITANCE d Lifeline Surcharge-CA SURCHG INTRASTATE TELECOMMUNICATIONS SERVICE 1.150D00% Tax U) L Lifeline Surcharge-CA SURCHG TELECOMMUNICATIONS O 9 0.890100% Tax = d Lifeline Surcharge-CA SURCHG VOIP RATE 0.403650% Tax > San Bernardino City UUT LOCAL UTILITY USERS TAX TELECOMMUNICATIONS 7.75%-Exempt Tax fV Regulatory Charge REGULATORY CHARGE INTERNET ACCESS $p,02 VZW Surcha ge N Regulatory Charge REGULATORY CHARGE TELECOMMUNICATIONS $0.21 VZW Surcharge Regulatory Charge REGULATORY CHARGE VOID RATE $0.21 VZW Surcharge Q 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 X W CA State PUC Fee SERVICE 0.18000% VZW Surcharge N CA State PUC Fee STATE PU 0.13930% VZW Surcharge C FEE TELECOMMUNICATIONS C N CA State Sales Tax STATE SALES TAX GENERAL MERCHANDISE 6.25000% Tax t STATE UbH3-(;A RELAY SKVCjCOMM DEVICE FUND E L CA Relay SrvdComm Device Fund INTRASTATE TELECOMMUNICATIONS SERVICE 0.20000% Tax SIA I L U61-)3-CA RELAY SKVC/COMM DEVICE FUND Q CA Relay SrvciComm Device Fund TELECOMMUNICATIONS 0.15480% Tax FUND tv CA Relay SrvdComm Device Fund VOW RATE 0.07020% Tax E U NOTE:Results based on current tax surcharge rates for atypical customer.Actual taxes/surcharges on a customer's bill could diff er if rates have changed or it the R customer's situation is not typical. .+ _ Q Packet Pg. 67 5.F.c EXHIBIT A-2 AUTHORIZATION TO ORDER UNDER STATE CONTRACT c 0 N L Q� 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 3 30, 2007 ("Contract"), for a term of five years. The State may, at its sole option, elect to extend the L 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 0 allowed to order services and products solely as set forth in the Contract("Service(s)"). ° c 0 A non-State public Agency (herein "Non-State Agency") shall also be required to complete and submit N this Authorization to Order Under State Contract (ATO) prior to ordering Services. A description of the o Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s) Y will be provided to a Non-State Agency are fully set forth in the Contract. Access to the Contract is Q 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 S a� Service Request(STD.20),pursuant to the terms and conditions and rate tables contained in the Contract. a� a 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. o -o c 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 N 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 a commitment period. 3. Upon expiration of the two (2) year commitment period, this ATO shall continue in effect through X w 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 N 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 0 Contract). Q 0 c 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 c days written notice of cancellation. m m 5. If Non-State Agency elects to terminate Service prior to completion of the two (2) year cn 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 v Service(s) are terminated after the two (2) year commitment period, no termination liability shall apply s v �a 44 PAGE 1 ATTACHMENT 5 EXHIBIT A-2 Q Rev.Amendment 12 Packet Pg. 68 6. No termination charge will be assessed when Non-State Agency transfers Service(s) to a like d 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. _ 0 N •L 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 3 shall deliver this ATO to OTech/STND for review and approval. L O 8. The OTech/STND will provide Contract management and oversight, and upon request by the Non- w State Agency or Contractor, will advocate to resolve Contract service issues. The ATO and any = 0 resulting STD. 20 is a Contract between the Non-State Agency and the Contractor. The State will R not represent the Non-State Agency in resolution of litigated disputes between the parties. - �L 0 s 9. Non-State Agency, upon execution of this ATO, certifies that Non-State Agency understands that Q Contractor and the State may, from time to time and without Non-State Agency's consent, amend -o the terms and conditions of the Contract thereby affecting the terms of service Non-State Agency receives from Contractor. _ a� E 10. Non-State Agency, upon execution of this ATO, certifies that Non-State Agency has reviewed the P terms and conditions, including the rates and charges,of the Contract. Q m 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 �n the State pursuant to provisions of the Contract. o 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. c M N 13. Non-State Agency may, by placing Service orders issued by its duly authorized representative with c4 Contractor, order any of the Service(s) listed in the Contract. Contractor shall bill Non-State a 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). X w 14. If the Service(s) ordered under a STD. 20 are installed, and after the first fiscal year funds are not Q appropriated to enable the Non-State Agency to continue paying for services, or universal service Cn discounts are not received, the Non-State Agency may terminate impacted Service(s) without 2 penalty. a 0 15. Whenever any notice or demand is to be given under this Contract to Contractor or Non-State v Agency,the notice shall be in writing and addressed to the following: c L M� W VJ W 0 d.r U C d E v to PAGE 2 ATTACHMENT 5 EXHIBIT A-2 a Rev.Amendment 12 li 5.F.c c Non-State Agency: Contractor: c N City of San Bernardino Verizon Business s Address: Address: 3 L 300 North "D" Street 11080 White Rock Road L 0 0 San Bernardino, CA 92418 Suite 200 = 0 r N Rancho Cordova,CA 95670 0 s Attn: Attn:Contract Program Manager a 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 C m delivered five(5)days after mailing.Notices delivered by any other method shall be deemed given upon receipt. E m m L Cn IN WITNESS WHEREOF,the parties hereto have caused this ATO to be executed on the date shown a a� below by their respective duly authorized representatives V Contractor: Non-State Agency: in City of San Bernardino d By: By: N 0 Allen Parker Q' N N Title: Title: Q City Manager t X w Date Signed: Date Signed: A a U) r 0 Approved By: a O Office of Technology Services, 5 Statewide Telecommunications and Network Division -a c� c L By: M� W Title: 1° Cn 4- 0 Date Signed: r U E v ca .r PAGE 3 ATTACHMENT 5 EXHIBIT A-2 a Kc�.Amendment 12 Packet Pg. 70 V nbusiness N N d CALNET 2 Authorization to Order(ATO) MSA 3 - Contract ID 5-06-58-22 Exhibit A-2, Attachment 1 0 Services N L Selected Voice Over IP(VOIP)Services 0 Hosted Standalone IP Telephony Business Line Service w IP Phone Hardware CPE 3 L Hosted Standalone Standalone IP Telephony Voicemail Service L IP Audio Conferencing Services O Services Customer s o Selected Converged Services-VOIP Initials c Converged Services, IP Telephony Business Line Services N IP Phone Hardware CPE o Converged Services, IP Telephony Voicemail Services IP Audio Conferencing Services Q Services Customer :! c Selected Converged Services-IP Transport Initials X IP and Network IP Transport Services E X IP and Network IP Transport Services-Security Services L Internet Dedicated Access(IDA)Transport Services Q IP Flexible T1 Services Services Customer Selected Converged Services-Required Premise Equipment Initials 0 X Converged Services, Customer Premise Equipment(CPE) o Services Customer Selected IP Contact Center Services In'ials d Converged IP Network Based Automatic Call Distribution(ACD)Services N Virtual Contact Center(VCC)Services N IP Network Based ACD Agent Package N IP Network Based ACD Supervisor Package Q IP Network Based ACD System Administrator's Software Package IP Network Based Interactive Voice Response(IVR)Service X IP Network Based Specialized Call Routing (SCR)Service w M IP Network Based Computer Telephone Integrated (CTI)Service co Contact Center Consulting Services 2 Services-. O Selected Q IP Network Based Managed IP Video Conference Service 0 Unified Messaging `a ervices s. t�77 c Selected Wiring and Support Services m m Low Voltage Simple Wiring Services, Services Entrance, and Extended Termination m Station Wiring m Inside Wiring Services 0 X Services Related Hourly Support v c m ca Q Page 1 of 1 ATO_Attachment_MSA3_v4-2/26/13 Packet Pg.71