14-060 Authorization to Order contract in the Calnet II State negotiated contract with AT&T for high speed computer network service and Wi-FiEXHIBIT A-2
AUTHORIZATION TO ORDER UNDER STATE CONTRACT
SBC Global Services, Inc., dba AT&T Global Services on behalf of Pacific Bell Telephone Company,
dba AT&T California ("AT&T"or "Contractor") and the State of California ("State") have entered into a
Contract for California Integrated Information Network (CALNET) 2 ("CALNET 2") MSA 1 Services
dated January 30, 2007 ("Contract"), for a term of five (5) years. The State may, at its sole option, elect
to extend the Contract term for up to two (2) additional periods of one (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 ("Services") solely as set forth in the Contract.
A non -State public agency (herein "Non -State Agency") shall also be required to complete and submit
this Authorization to Order Under State Contract (ATO) prior to ordering Services. A description of the
Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s)
will be provided to a Non -State Agency are fully set forth in the Contract. Access to the Contract is
available at www.stnd.dts.ca.ov .
City of Cupertino ("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
Department of Technology Services, Statewide Telecommunications and Network Division
(DTS/STND) ("Effective Date"). No Service(s) shall be ordered by Non -State Agency or provided
by Contractor until this ATO has been executed by both parties and approved by DTS/STND.
2. With respect to Services ordered under this ATO, as authorized on Attachment 1, Non -State
Agency hereby agrees to obtain such Services exclusively through the Contract and this ATO for a
two (2) year commitment period, starting with the Effective Date of the ATO, provided that such
commitment does not extend beyond the Term of the Contract, including any extension periods.
Any new Services added to an existing ATO shall not extend the two (2) year commitment period
previously agreed upon on the ATO. .
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 tenninated by Non -State Agency. The Non -State
Agency will automatically continue to receive Services at Contract terms and conditions when the
two year commitment period ends, and may add, delete or change Services without penalty or
additional commitment periods (unless a specific Service requires a term per the Contract).
4. Non -State Agency may terminate this ATO, for specific Service(s) or in total, prior to termination
of the Contract, by providing the Contractor with thirty (30) calendar days' written notice of
cancellation.
If Non -State Agency elects to terminate Service prior to completion of the two (2) year
commitment period, a termination charge may apply. The termination charge may not exceed sixty-
five percent (65%) of the Non -State Agency's average monthly bill for the disconnected Service(s),
multiplied by the number of full months remaining in the two (2) year commitment period. If
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Services) are terminated after the two (2) year commitment period, no termination liability shall
apply.
5. No termination charge will be assessed when Non -State Agency transfers Service(s) to a like
Service offered under this Contract, or from one CALNET 2 MSA to another, if the Contractor is
the same for both MSAs, or is affiliated with the Contractor for the other MSA.
6. By executing this ATO, Non -State Agency agrees to subscribe to, and Contractor agrees to provide
Services, in accordance with the terms and conditions of this ATO and the Contract. Upon
execution of this ATO by Non -State Agency and Contractor, Contractor shall deliver this ATO to
DTS/STND for review and approval.
7. The DTS/STND will provide Contract management and oversight, and upon request by the Non -
State Agency or Contractor, will advocate to resolve any Contract service issues. The ATO, and
any resulting STD. 20, is a Contract between the Non -State Agency and the Contractor. The State
will not represent the Non -State Agency in resolution of litigated disputes between the parties.
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.
Non -State Agency, upon execution of this ATO, certifies that it has reviewed the terms and
conditions, including the rates and charges, of the Contract.
10. 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.
11. All Service(s) ordered under this ATO will be submitted using the STD. 20, signed by the Non -
State Agency's authorized signatory. Any additions or deletions to Service(s) shall likewise be
accomplished by submission of a STD. 20, noting changes.
12. Non -State Agency may, by placing Service orders issued by its duly authorized representative with
Contractor, order any of the Service(s) listed in the Contract. Contractor shall bill Non -State
Agency, and Non -State Agency shall pay Contractor according to the terms and conditions and rate
tables set forth in the Contract for such Service(s).
13. If, for any fiscal year during the term of this ATO, funds are not appropriated to enable the Non -
State Agency to continue paying for services, or universal service discounts are not received, the
Non -State Agency may terminate impacted Service(s) without penalty.
14. Whenever any notice or demand is given under this Contract to Contractor or Non -State Agency,
the notice shall be in writing and addressed to the following:
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Non -State Agency:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Contractor:
AT&T
2700 Watt Avenue, Room 1213
Sacramento, CA 95821-6236
Attn: Mariyah Serratos, IT Director 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) State business 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
By: Authorized Signature
By: Authorized Signature
Printed Name and Title of Person Signing
Printed Name and Title of Person Signing
Date Signed:
Date Sign dtt:
Approved By:
Department of Technology Services,
Statewide Telecommunications and Network Division
By: Authorized Signature
ame
Date Signed:
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PACE 3 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1
CITY OF CUPERTINO
MSA 1 ATTACHMENT 1
Selected Services
Voice Services - Core Services Products
Customer Initials
❑
Bus Access Lines
❑
Central Office Exchange Basic Services (Centrex)
❑
Central Office Trunk Services
(SuperTrunk/PBX/DID)
❑
Locally Based Automatic Call Distribution (ACD)
(Available Option w/C2 Centrex)
❑
Interactive Voice Response (IVR)
❑
Specialized Call Routing (Call Router)
❑
Computer Telephone Integration (CTI)
(Compucall)
❑
Voice Mail Services
(Available Option w/C2 Exchange Svcs)
Selected Services
Data Services - Core Services Products
Customer Initials
Data Transmission Services
❑
(Analog Service, Carrier DSO (ADN),Carrier DS1
(Hicap/Tl ),Carder DS3)
Gigabit Ethernet Metropolitan Area Network (MAN)
® OPT -E -MAN
(GigaMAN, MON, OPT -E -MAN,
CSME,EPLS-WAN, ESS -MAN)
❑
Multi Protocol Label Switching (MPLS)
(AVPN, Network Based Firewall, ANIRA)
Synchronous Optical Network (SONET)
❑
(Point -Point SONET, Ethernet -over SONET,
SONET Ring ICB)
❑
ISDN (BRI)
❑
ISDN (PRI)
(PBX/DID)
❑
Switched 56/Switched Digital Services (SDS)
❑
Frame Relay & ATM
(Managed or Non Managed)
❑
Internet
❑
DSL
Agency Hosted (DSL)
DSL
❑
DSL Virtual Private Network
(AVPN, Network Based Firewall, ANTRA)
❑
Enhanced Centrex VDNA
Included Services
Other Services - Core Services Products
Automatic Coverage
lntraLata Calling (Local Usage Zone 1 - 3)
(Included on C2 Exchange Services)
Bldg. Wiring Services
(Automatic Service Coverage on C2 Svcs)
Jacks/Wiring
Inside Wire Repair Plan(Voice)(If subscribed to)
Inside Wire Repair Plan(Data)(If subscribed to)
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PAGE 4 ATTACHMENT 5 EXHIM A-2 Revised: Amendment No. 1.1
CITY OF CUPERTINO
USOC
Description
Circuit Locations:
OPT -E -MAN SERVICE
each
8
10300 Torre Avenue
Cupertino
CPRTCAJH
20410 Town Center Lane
Cupertino
CPRTCACN
10185 N. Stelling
Cupertino
CPRTCAKL
21251 Stevens Creek Blvd.
Cupertino
CPRTCAKI
21111 Stevens Creek Blvd.
Cupertino
CPRTCAKJ
10555 Mary Avenue
Cupertino
CPRTCAEI
Blackberry Farms Picnic Grounds,
Cupertino
CPRTCAKU
21975 San Fernando Avenue
McClellan Ranch, 22221 McClellan
Cupertino
CPRTCAKK
Road
Description of Minimum Quantities of Service:
OPT-E-MANsm Service
ATTACHMENT
Quantity
USOC
Description
Monthly Recurring Rate,
each
8
P9FFX
OPT-E-MANsm Basic Plus $ 331.70
Connection 10/100M
1
R6ELC
CIR — 100 Mbps (Silver)
$ 728.93
3
R6E2C
CIR — 2 Mbps (Silver)
$ 60.32
2
R6EAC
CIR — 5 Mbps (Silver)
$ 104.57
2
R6EBC
CIR — 10 Mbps (Silver)
$ 378.04
Growth Pricing*
Quantity USOC Description Monthly Recurring Rate, each
0 P9FHX OPT-E-MANsm Basic $ 698.70
Plus Connection 1G
* Upgrade in Bandwidth at a location listed in "Circuit Locations" above in this Attachment 2 is allowed at
the rates provided under this ATO in "Growth Pricing" above. Special construction charge may apply.
Monthly recurring rate includes installation non-recurring charge.
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Prices:
Monthly Price $4,528.72
Customer has elected to pay on a monthly basis for the term of this ATO. The monthly price set forth
above is for the minimum quantity of Service as set forth "Description of Minimum Quantities of Service"
above. The price includes the monthly service charge for the minimum quantities in "Description of
Minimum Quantities of Service." If this ATO is terminated prior to the expiration of the two year
commitment period referenced in Section 2 of the ATO as described above, Customer shall pay
Contractor any amounts due under Section 4 of the ATO plus all unrecovered nonrecurring charges for
the initial installation of the minimum quantities. The prices do not include costs associated with work in
and around hazardous materials or any hazardous materials abatement. If Contractor encounters such
hazardous materials, Contractor may suspend performance until Customer removes and cleans up such
hazardous materials. As used herein, "hazardous materials" shall mean any substance whose use,
transport, storage, handling, disposal, or release is regulated to any law related to pollution of air, water,
or soil, or health and safety. Customer is responsible for complying with AT&T's room -ready requirements
at the Demarcation point.
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PAGE 6 ATTACHMENT 5 EXHIBIT A-2 Revised: Amendment No. 1.1