CC - Item 8A - Telephone System ReplacementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 26, 2010
SUBJECT: TELEPHONE SYSTEM REPLACEMENT
SUMMARY
Included in the 2010 -11 Budget and workplan is the replacement of the City's existing
telephone system. The City's current Mitel telephone and voicemail system is over 10
years old, and new replacement parts are no longer available. Approximately six
months ago proposals were requested from a number of vendors that specialize in
telephone systems and five proposals were received. Each bidder was asked to
provide a turn -key solution including all hardware for the phone system itself and a full
telephone company solution provided by a vendor of their choice. Through this RFP
process these bidders have provided on -site demonstrations for staff to test out the
systems, provided site visits to existing customers along with performing an analysis of
the City's needs and top priorities. Replacement of the system will result in a cost
savings to the City of approximately $20,000 per year.
Staff recommendation
Staff recommends that City Council authorize the following:
1. The City Manager to enter into an agreement (Attachment A) with Intelesys
Communications Company for the acquisition and installation of a Shoretel
Phone System in the amount of $89,950.86 plus a 10% contingency. The
purchase will be financed over a five (5) year period through a standard
lease /purchase contract of $1,832.30 per month with a buyout of $1 at the end of
the term.
2. The City Manager to enter into an agreement (Attachment B) with TelePacific for
the implementation of an MPLS telephone and data network for a period of three
(3) years for a monthly cost of $4,419.08.
BACKGROUND /ANALYSIS
Approximately nine months ago, the City's current telephone vendor, Standard Tel
Networks, informed City staff that they were no longer going to be able to acquire new
parts for the telephone and voicemail systems and in the event of an equipment failure,
used parts would have to be located. Shortly thereafter, the software on the voicemail
system began failing and the system has been patched together several times over the
past nine months to keep evqathing up and running.
APPROVED FOR CITY COUNCIL AGENDA J. Adrea ITEM N®• 25k
City Council Meeting
October 26, 2010
Pace 2 of 3
Disaster preparedness and disaster recovery have also been a driving factor behind the
replacement as currently the City has three different systems supplying service to
various City facilities. The City presently utilizes a Mitel system for City Hall, a Nortel
system for Public Safety and AT &T centrex lines for all the other sites. Along with
increased maintenance and operation costs of operating three systems, the City has
virtually no redundancy should a disaster occur. If City Hall was unavailable due to an
earthquake, there is no current way to reroute calls or phone lines to the Public Safety
Center or another facility.
Based upon these two driving factors, staff has been working over the past six months
to receive proposals for the best possible solution for the City. During the initial
discussions it was determined that a modern Voice Over Internet Protocol (VOIP)
telephone system was the most logical solution. Virtually all new phone system are
VOIP and will provide the most flexible and redundant solution for the City. Proposals
were received from vendors representing the following telephone systems: Shoretel,
Cisco, Mitel, Avaya, and Fonality. A proposal from each vendor has been included for
your reference; however, since they are technology proposals and potentially contain
proprietary information, the vendors have all requested that they be kept confidential
and are not distributed publically.
Each vendor was given the opportunity to provide on -site demonstrations for City staff
along with off -site demonstrations at either a demo center or an existing customer. The
proposals were reviewed and judged on the following criteria: Voice quality, voicemail
functionality, disaster recovery, call accounting /tracking, mobility function, cost and
overall flexibility. A summary of all the proposals has been included at Attachment H.
Based upon this thorough review, staff is recommending the installation of a Shoretel
phone system. Shoretel provides telephone systems for dozens of cities across the
State including some local cities such as Glendora, La Verne, and La Canada Flintridge.
Staff spoke to several municipal references that have been using Shoretel for a number
of years and all of the agencies are very happy with the product and service they have
received.
In conjunction with replacing the actual telephone and voicemail system, proposals
were also received from telephone network vendors to provide the actual phone lines
for the voice and data service. Since VOIP systems are based upon a completely
different technology from the existing phone system, new phone line connections will be
required at all City facilities. Vendors were asked to submit proposals for an MPLS
network linking all City sites together along with redundant connections to the Public
Service Telephone Network (PSTN). Three of the five hardware vendors provided
recommendations to utilize TelePacific for the voice and data network. Proposals were
also received from AT &T and TelCentris. A summary of all the proposals has been
included as Attachment I. After reviewing the proposals, staff has made the
recommendation to utilize TelePacific for voice and data service. TelePacific has an
excellent reputation and currently provides telephone and data service for dozens of
municipalities including Baldwin Park, Diamond Bar, La Verne and Sierra Madre.
City Council Meeting
October 26, 2010
Page 3 of 3
FISCAL IMPACT
Along with reaping the benefits of new technology and a reliable telephone system, the
City will also be able to replace the existing phone system without increasing the
budget. Currently, telephone, data and maintenance services equate to approximately
$105,000 per fiscal year. The existing phone system is expensive to maintain $15,000
to $20,000 per year plus the costs for internet and telephone service at each individual
City site. Under the proposal recommended, all hardware costs, annual maintenance
coverage and monthly telephone service will be provided for approximately $85,000.
This cost benefit is a direct result of being able to utilize new technology and spreading
the acquisition cost over five (5) years through a lease /purchase contract.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: A - Intelesys Contract
B — TelePacific Contract
C — Intelesys Proposal (Confidential)
D — Standard Telephone Network Proposal (Confidential)
E — Corporate Telecom Proposal (Confidential)
F — Ricoh Business Solutions Proposal (Confidential)
G — AT &T /Cisco Proposal (Confidential)
H — Summary of all system proposals (Confidential)
I — Summary of all Telco proposals (Confidential)
Intelesys
Ricoh
Cisco
STN
Corp. Tel.
Cash Price of System
$89,980.86
$105,660.00
$137,093.30
$99,935.07
$75,542.00
Monthly Lease (60 mo.)
$1,832.30
$3,165.71
$3,641.92
$2,820.97
$1,891.00
Lease Type
$1 Buyout
$1 Buyout
$1 Buyout
Fair Market
Value
Fair Market
Value
FMV Est.
n/a
n/a
n/a
$17,988.31
$13,597.56
Total 5 Year Cost
$109,939.00
$189,943.60
$218,943.60
$187,246.51
$127,057.56
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: A - Intelesys Contract
B — TelePacific Contract
C — Intelesys Proposal (Confidential)
D — Standard Telephone Network Proposal (Confidential)
E — Corporate Telecom Proposal (Confidential)
F — Ricoh Business Solutions Proposal (Confidential)
G — AT &T /Cisco Proposal (Confidential)
H — Summary of all system proposals (Confidential)
I — Summary of all Telco proposals (Confidential)
TelePacific
Telcentris
I AT &T
TelePacific
TelePacific.
Monthly Cost
1 $4,419.08
$5,2 72.67
1
6.10
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Matthew E. Hawkesworth
Assistant City Manager
Attachments: A - Intelesys Contract
B — TelePacific Contract
C — Intelesys Proposal (Confidential)
D — Standard Telephone Network Proposal (Confidential)
E — Corporate Telecom Proposal (Confidential)
F — Ricoh Business Solutions Proposal (Confidential)
G — AT &T /Cisco Proposal (Confidential)
H — Summary of all system proposals (Confidential)
I — Summary of all Telco proposals (Confidential)
0
Attachment A
1/2
• Int PROPOSAL AND CONTRACT
TO: City of Rosemead FROM: INTELESYS COMMUNICATIONS
8838 East Valley Blvd. 3155 -B E Sedona Court
Rosemead Ca. 91770 Ontario, CA 91764
Propose to furnish all materials and perform all labor necessary to complete the following:
Description Shoretel Phone System
TOTAL EQUIPMENT
SALES TAX AT 9.75 %
IN STALLATIONIPROGRAMM ING
TOTAL INVESTMENT
$54,327,25
$ 5,822.61
$ 29,801,00
$ 89,950.86
NOTE #1: THIS TELEPHONE SYSTEM COMES EQUIPPED FOR 241's TELEPHONE COMPANY LINES,
102 STATION PORTS, AND Voicemail
All of the above work is to be completed in a substantial and workmanlike manner according to standard practices for the sum of
$ 89,950.86 Lease? Yes No
Progress payments shall be made as follows:
Upon Signing This Contract Down Payment $
Upon completion of Installation $ 44,975,43
This proposal is valid for 30 days, and if accepted on or before that date, work will commence approximately within 15 days and will be substantially completed
• approximately within 2 days. Subject to delays caused by acts of God, stormy weather, uncontrollable labor trouble, or unforeseen contingencies. Any alternation of
deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and /or labor costs, will be executed
only upon a written order for same, signed by customer and Intelesys- Communications, and if there is any charge for such alteration or deviation, the additional
charge will be added to the contract price of this contract. A 30% fee will be charged for customer canceled contracts. If any payment is not made when due,
Intelesys-Communications may suspend work on the job unfil such time as all payments due have been made. A failure to make payment for a period in excess of 5
days from the due date, shall be deemed a material breach of this contract.
WARRANTY
12 Months on parts and Labor (Year 1)
46 Months Parts and Labor, No Phones ( Years 2 -5 )
Extended warranty is available for additional cost.
Respectfully submitted,
INTELESYMOMMUNICATIONS COMPANY
Interconnect company
3155 -B E Sedona Court.
Address
Ontario CA 91764 (800) 477 -8578
City State Zip Phone
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the Proposal, for which I /we agree to pay the contract price
mentioned in this Proposal, and according to the terms thereof. I /we have read and agree to the provisions contained herein, and in any attachments hereto, which
are made a part hereof and are described as
Authorized Signature
Date:
LICENSED BONDED INSURED
• State Lic. #729063
Section 7019 - Contractor License Law
Under the Mechanic's Lien Law, any contractor, subcontractor, laborer, material
man or other person who helps to improve your property and is not paid for his
labor, services or material, has a right to enforce his claim against your property.
Under the law, you may protect yourself against such claims by fling, before
commencing such work or improvement, an original contract for the work of
improvement or a modification thereof, in the office of the county recorder of the
county where the property is situated and requiring that a contractors payment
band be recorded in such office. Said bond shall be in an amount not less than
fifty percent (50 %) of the contract price and shall, in addition to any conditions for
the performance of the contracL be conditioned for the payment in full of the
claims of all persons furnishing labor, services, equipment a materials for the
work described in said contract
Contractors are required by law to be licensed and regulated by the Contractors State License Board (3132 Bradshaw Road,) Sacramento, California. (Mailing
Address: P. 0. Box 2600, Sacramento, California 95826)
SEE REVERSE SIDE FOR CONDITIONS
2
2/2
0 0 Attachment A
Intelesys is dedicated to serving its customers effectively. These provisions are intended to clarify the expectations of Intelesys and the Customer so that the •
Customers needs may be met and misunderstandings may be avoided, The Customer Is urged to read and understand these provisions before signing this
agreement.
Equipment installation: Intelesys will install the Equipment at the Customers
premises in a workmanlike manner. Intelesys will not be responsible for any
delays in installation or and damages resulting there from. The Customer is
responsible to provide appropriate space, power, and environmental controls
for the Equipment. The Customer bears all risk of loss to the Equipment from
all causes (such as casualty or theft) other than Intelesys' gross negligence,
from the time that the Equipment is delivered to the Customers' premises,
both before and after installation is complete. If installation is delayed by the
actions or inaction of the Customer or the Customers other vendors, or if the
Customer requests changes, then the Customer will pay Intelesys' normal
charges for lime, mileage, expenses, and supplies expended as a result of the
delay or changes. Intelesys will provide training to the Customers personnel
in the use of the Equipment up to the number of hours of instructor time
indicated in this agreement
Pricing: The Customer will pay all applicable sales, use, gross receipts, or
other taxes. The Customer will pay Intelesys' normal rates for time, mileage,
expenses, and supplies whenever Intelesys provides services to the
Customer, which are not otherwise included in this agreement.
Timely payment: The Customer will pay the deposit when this agreement is
signed by the Customer and will pay the balance immediately upon delivery of
the Equipment, unless other arrangements are made in a signed agreement.
Except as otherwise provided, all other charges will be due and payable by
the Customer 10 days after the billing dale. The Customer will pay a late
payment fee of 1 -Y,% per month on any balance remaining unpaid 30 days
after the billing date. The Customer will pay Intelesys $25 for any returned
check. If the Customer has a good faith dispute with Intelesys over a portion
of a payment due, the Customer will pay the uncontested portion of the bill
pending resolution of the balance; no objection to a bill will be considered
valid unless it is received by Intelesys in writing within 30 days after the billing
date.
Risk management: The Customer accepts all risks and consequences of
these acknowledged facts and of any other interruption of or interference or
problem with its telephone service. The Customer expressly releases
Intelesys and will hold Intelesys harmless from all liability, costs, and
attorneys' fees for any loss of business or any other consequential, incidental,
general, special, and other damages, whether suffered by the Customer or by
another person or entity, foreseeable or not, arising from any interruption in
ser�ce, equipment failure, or other problem, whatever the cause, related to
the Customers telephone service or this agreement, or arising from the
Customers use of the Equipment provided under this agreement, whether or
not attributable to Intelesys' actions or inaction. The Customer expressly
waives the provisions and benefits of Section 1542 of the California Civil
Code, which provides. A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the Irelease, which if known by him must have materially affected his
settlement with the debtor.
Intelesys' obligation: If any problem arises, the Customer must inform
Intelesys in writing. Intelesys' sole obligation is to exercise its best
reasonable efforts to resolve problems of which it is made aware and which
are within its control. If and only if Intelesys fails to do so within 30 days after
receiving written notice, the Customer may terminate this agreement; this is
the Customers sole remedy. If Intelesys is asked to resolve a problem which
wasIcaused by the Customer, another vendor, or anyone other than Intelesys
and which is not covered by the warranty (if any) provided by Intelesys, then
the work will he billed to add paid by Customer at Intelesys' normal rates;
sucli work is not included in the pricing of this agreement
Credit: This agreement is contingent upon Intelesys' approval of the
Customers credit. The Customer authorizes Intelesys to inquire of reporting
agencies and others as to the Customers credit.
Acknowledgments: The Customer acknowledges and agrees to the
following:
• Intelesys is a California corporation.
• Intelesys may contract with third parties to provide services to the
Customer. Wherever the context permits, in this agreement Intelesys
includes all persons and entities acting on behalf of or in concert with
Intelesys. However, no such third party shall be deemed an agent or
employee of Intelesys.
• Intelesys may transfer its interest in this agreement to a third party
without the further consent of the Customer.
• Intelesys is relying upon the accuracy and completeness of all information
provided by the Customer to Intelesys; the Customers signature on this
agreement constitutes the Customer s warranty and representation of the
accuracy and completeness of this information.
• Telephone service may be interrupted or made unsatisfactory as a result
of many circumstances, such as equipment failures, power outages,
network outages, natural disasters, strikes, and simple human error.
• Changeover to new service or equipment generally takes 30 days and
can in rare instances result in temporary interruption of service, errors in
billing, and the like. This can be caused, for example, from unforeseen
configuration problems, scheduling problems vnth other vendors, lack of
access, or miscommunication.
• Any projected savings are based upon Intelesys' experience with other
customers and are not guaranteed.
• Intelesys' only express or implied warranty, if any, is as specifically stated
elsewhere in this agreement; beyond this, the Customer will look solely to
the manufacturers warranty, if any. Intelesys specifically makes no
express or implied warranty or guaranty of uninterrupted service or that
its services will be free from error or as to the description, quality,
merchantability, completeness, or fitness for any purpose of any goods or
services provided. Any warranty will not cover damage caused from other
than normal use and will be voided if the Equipment is serviced by
anyone other than Intelesys personnel.
ination: This agreement may be terminated by Intelesys at any time (a)
Customers credit record is or becomes unsuitable in the sole judgment
elesys, (b) if the Customer breaches this agreement in any way or
as any law or regulation related to telephone service, or (c) if Intelesys is
died by causes outside its reasonable control from performing its •
)lions. The Customer may terminate this agreement only if (i) Intelesys
to remedy a problem within 30 days as provided specifically in this
menl or (ii) the Customer first pays to Intelesys the cancellation fee
fied in this agreement Either party may terminate this agreement upon
ays' written notice to the other party (provided that the release, hold
ess, and other provisions of an ongoing nature shall continue in effect).
pretadon: This agreement incorporates the entire agreement of the
s as to its subject matter, replacing avid nullifying all prior
sentations, warranties, discussions, and agreements. This agreement
)nly be amended in writing and signed by the party to be bound by the
idment. The titles and headings are solely for convenience of reference
do not explain, limit, or modify any provision. If any portion of this
ament is held by a court to be unenforceable, it will be deemed modified
a extent necessary to be enforceable, and as so modified it will continue
I force. Each party agrees to execute and deliver all documents add to
all other steps necessary or appropriate to achieve the purposes of this
ament. This agreement will benefit and bind the heirs, successors,
mal representatives, avid assigns of the parties. If the Customer consists
ore than one person or entity, then all obligations undertaken by the
offer are undertaken jointly and severely by each person or entity
ded as the Customer. Time is of the essence of this agreement.
utes: In the event of any default or dispute under this agreement, the
iefaulting or prevailing party will be entitled to recover reasonable
ieys' fees avid costs from the defaulting or non - prevailing party, whether
)t a lawsuit is fled. Any action instituted under this agreement may be
]ht only in San Bernardino County, California.
atures: Each individual signing this agreement on behalf of a party
idually represents and warrants to the other party that the Individual has
,over and authority to sign this agreement on behalf of the party. This
ament will be deemed approved by Intelesys when either a copy signed
delesys is delivered to the Customer or Intelesys begins to perform its
ations under the agreement.
•
• , Attachment B
1/38
•
leparifir
run. .. u.vn rn;ru ns
Service Agreement
Section 1 Customer Information
CA
,) F,�t
Account Number (existing acct)
Company Legal Name (individual if Sole Proprietorship CITY Or ROSEAIEA
Doing Business As (DBA)
Contact Name and Title Jeff Allred - CR l� eg r
Telephone Number 626 - 569-2107 Fax Number
Email jnllred cit)•o
Service Address: 8838 VALLEY13LVD
City ROSEMEAD State CA -, ZIP 91770
Section 2 TelePacific Services
•
•
TelePacific will provide Customer with the specified type and amount of Services a( the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement.
Unlimited Local, IntraLATA Usage (additional
charges for Intarl-ATA. International and Toll -free
calling)
T1 Card Credit 3 1 $0.00 $0.00 $0.00 $0.00
41110071003:
SmadVoice 23 Channel I 3 OneNet Only
3 1
Monthly
MRC Total
Set -up
NRC Total
$0.00
Account
QTY
Recurring
3 1
Charge
Description at Services
Term
$0.00
Charge
41110071003:
(NRC)
3 1
$79.00
(yrs)
$79.00
(MRC)
$0.00
$0.00
41110071003:
30% SmarVoice Promotion
3
1
($361.20)
($361.20)
$0.00
$0.00
Install Discount
3
1
$0.00
$0.00
;$2,477.50)
($2,477.50)
CA Basic T -Pack 1000
3
2
$35,00
' $70.00
$0.00
$0.00
Custom Bill Formatting
0
2
$0.00
. $0.00
$0.00
$0.00
OneCentral
3
1
$0.00
$0.00
$0.00
$0.00
Double Dash: DID Numbers (up to 100 additional)
3
1
($50.00)
(550.00)
$0.00
$0.00
Double Dash: T -Pack Minute Bundle 1000
3
2
($35.00)
($70.00)
$0.00
$0.00
Double Dash: Trunk Group Call Forward to PSTN
3
1
( §25.00)
($25.00)
($40.00)
($40.00)
.6 u sine ss Line Deluxe (P)
3
4
$18.51
$74.04
$75.00
$300.00
Conference Central Basic
3
1
$0.00
$0.00
50.00
$0.00
DID Numbers (blocks of 20)
3
10
$10.00
$100.00
$117.75
$1,177.50
Trunk Group Call Forwarding to PSTN
3
1
$25.00
$25.00
$40.00
$40.00
SmadVoice Feature Discount
3
1
($50.00)
($50.00)
$0.00
$0.00
T1 Card Service Addendum
3
1
$0.00
$0.00
$0.00
$0.00
SmadVoice Trunking PRI 23 Channels 3M,
3
1
$1,204.00
$1,204.00
$1,000.00
$1,000.00
41110071003:
SmadVoice 23 Channel I 3 OneNet Only
3 1
$236.00
$238.00
$0.00
$0.00
41110071003:
Single CoS
3 1
$0.00
$0.00
$0.00
$0.00
41110071003:
Tier 5 Equipment Upgrade
3 1
$79.00
$79.00
$0.00
$0.00
41110071003:
SV Promo
3 1
($71.40)
($71.40)
$0.00
$0.00
020409
138459. 10061( Page 1 of 2
2/38
0
• Attachment B
Tel�Patgfic
. o ar a u n r i w .. u x• Service Agreement
Sub Totals: 57,162.44 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $34.52
t
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF Is an account -
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and `usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $250.01 and $2,500.00; and ASF calculated as 1% of invoiced MRC%and usage
totaling more than $2,500.00. '
Agreed By, Customer Signature
Customer Name (Print)
Sales Representative Name
Agreed By, Sales Manager Signature
_Date
Title _ -- __ --
- rj= -. -._.
Phone
Date
•
I
i s
v120409
Page 2 of 2
Ci��
O ro iePacifit
I ., a... 5arrtiaa
Letter Of Agency
1. Customer and Carrier Identification
Current Carriers
Contact Name and Title Jeff Allred - Cit}' \fanngcr __
Company Legal Name (Customer CITY OP R OSRMCA U
Service Address(Street/CitylStale /Zip) 8838 VALLCY IILVD
Billing Address (Street/CitylState/Zip) 8336 VALLL_l' BL \'D _�, ROSR.A7EAD C A 91770 -,,,�_ ___
Names
is
2. Billing Telephone Numbers
This authoriz covers all custo numbers a ssociated with the Billing Tele #s li stedl below:
q
iµCUStomer Service Records 3. Approval
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes TelePacific Communications to act as its
agent in dealing with local companies listed above for the purpose of generating a proposal for
TelePacific Communications
.JQ,Servlce Change
1 - 1 New Service
I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agent either to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
Local Service p
5 Intral-ata Toll: Carrier:
IY InterLata Long Distance Service: Carrier:
or
n I want to retain my existing LD carrier on some or all of my telephone numbers.
[I Specify Intra and InterLata PIC for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) Intral-ATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make Intral-ATA Toll and /or InterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
t Agreement
Contact Name
` Customer Signature
•
020409
. Attachment B
3/38
.. Ti tie
.._._
Date
4/38
0
Section 1 Customer
Account Number (existing acct)
`! Company Legal Name (individual if Sale Proprietorship , c17Y OG I
VK
Doing Business As (DBA)
Contact Name and Title Jeff Albed =Cit hlnnn er__,._,__
Telephone Number 626- 569 - 2107.__._., -_ Fax Number__
Service Address: 83 GARVEY AVE__,_
City _I20SCAIEAD___ - !
• Attachment B
Service Agreement •
Email jnlL'cd @dtyothosemend.org_
State CA __ ZIP ,91770,.__
Section 2 TelePacific Services
TelePacific will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement.
Description of Services
Trunk Group Call Forwarding outside Switch
Voice Only PRI (P)
Install Discount
PRI Open the Door Promo
CA Basic T -Pack 1000
Custom Bill Formatting
OneCentral
Double Dash: Call Forward Outside the Switch
Double Dash: T -Pack Minute Bundle 1000
Business Line Deluxe (P)
3MB Ethernet Access - Tier 1
3MB Ethernet Pod
Best Effort CoSP
Ethernet- OneNel & Internet
First CoS
iNOC - Basic
IF Addresses (block of 4)
Tier C Equipment Upgrade
T1 Card Service Addendum
T1 Card Credit
41110071003: Ethernet over Copper - 3M MPLS & DIA
Monthly MRC Total Set -up NRC Total
Account QTY Recurring Charge
Term Charge (NRC)
(Yrs) (MRC)
3 1 $25.00 $25.00 $40.00 $40.00
3 1 $414.12 $414:12 $500.00 $500.00
3 1 $om $0.00 :$1,415.00) ($1,415.00)
3 1 ($11412) ($114.12) $0.00 $0.00
3 2 $35.00 $70.00 $0.00 $0.00
0 2 $0.00 $0.00 $0.00 $0.00
3 1 $0.00 $0,00 $0.00 50.00
3 1 ($25.00) ($25.00) $0.00 $0.00
3 2 (535.00) ($70.00) $0.00 $0.00
3 3 $18.51 $55.53 $75.00 $225.00
3 1 $345.00 5345.00 $500.00 $500.00
3 1 $195.00 $195.00 $0.00 $0.00
3 1 $0.00 $0.00 $0.00 $0.00
3 1 $200.00 $200.00 $0.00 $0.00
3 1 $30,00 $30.00 $150.00 $150.00
3 1 $0.00 $0.00 $0.00 $0.00
3, 1 $0.00 $0.00 $0.00 $0.00
3 1 $39.00 $39.00 $0.00 $0.00
3 - 1 $0.00 $0.00 $0.00 $0.00
3 1 $0.00 $0.00 $0.00 $0.00
3 1 ($111.00) ($111.00) $0.00 $0.00
1.
E
•
v120409 138470 - 10081( Page 1 of 2
0 0
Attachment B
5/38
ON �4. [
4 Te10Narifer Service Agreement
• # 0.4VU.i'I[A 1 I4 N1
11 4 41 1110071003 : Single CoS 3 1 $0.00 $0.00 $0.00 SO.00
Sub Totals: $1,053.53 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $25.89
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF is an account-
level fee based on invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $260.01 and $2,590.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than $2,500.00.
Agreed By, Customer Signature Date
Customer Name (Print)
--- ..-- - - - - --
Sales Representative Name
Agreed By, Sales Manager Signature
•
r
11
020409
Title
Phone
Date
138470 - 10061( Page 2 of 2
6/38 • 1 • Attachment B
TelePacific
- , 11.11,1 U111.'' IVwl
1. Customer and Carrier
Letter Of Agency
Current Carriers I
Contact Name and Title Jeff Allred - City
Company Legal Name (Customer C1TY Ot' ROSEMEAD I
y Service Address(Street/City /State /Zip) 8301G AV - . R OS EMEAD CA 91770____ „ - _._ .
Billing Address (SlreeVClty /Slate /Zip) 8838 V ALLEY BLVD - ROSEM EAD, CA 917 70
Other Company Names (DBA) ^
2. Billing Telephone N
This author ization covers all c ustome r numbers associated with the Billinq Telephone #s listed below:
•
•
•
v120409
I
�
I
3. Approval
Customer Service Records
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes
TelePacific Communications to act as its
agent in dealing with local companies listed above for the
purpose of generating a proposal for
TelePacific Communications
I ] Service Change
New Service
I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agent'either to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
'j Local Service
_ dd
Inlral-ata Toll: Carrier: l o
Inlerlata Long Distance Service: Carrier.
or
I want to retain my existing LID carrier on some or all of my telephone numbers.
Specify Intra and Interl-ala PIC for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) IntraLATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make Intral-ATA Toll and /or InterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involvf a charge.
(4) Agreement
Contact Name
Title
Customer Signature
Dale
•
•
•
v120409
•
\�L
Attachment B
7/38
Service Agreement
Section 1 Customer Information
Account Number (existino acct)
Company Legal Name (individual if Sole Proprietorship CITY OF,ROSGIDICAD_ „__,_
Doing Business AS(DBA)___.___.__-___....__._......____._.___-
Contact Name and Title Jeff Allred -
Cit il4�nager,. - __
Telephone Number 626- 569 -2107. Fax Number Email 'alined n cityofrosemend.or
Service Address 7933 C616.RSON PIL
City ROSEMEAD_ ._,._ . _. State CA Zip 91770
Section 2 TelePacific Services
•
TelePacific will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement.
GM Adjustment : 1 Me Ethernet Access - Tier 1 3 1 ; (828.00) (828.00) 80.00 80.00
Sub Totals: 5378.02 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $17.26
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF is an account.
level fee based on invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of 812.50 shall be charged on invoiced MRCS and usage up to $250.00; $25.00 ASF on invoiced
MRCS and usage totaling between 8250.01 and 82,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than 82,500.00.
X. __.._.__.._._.. _- ___._____.
Agreed By, Customer Signature
•
020409
138476. 10061( Pagel of 2
Date
Monthly
MRC Total
Set -up
NRCTotai
Account
QTY
Recurring
Charge
Description of services
Term
Charge
(NRC)
(Yrs)
(MRC)
Install Discount
3
1
80.00
80.00
(5650.00)
(8650.00)
Custom Bill Formatting
0
2
80.00
80.00
80.00
80.00
OneCenlral
3
1
80.00
$0.00
80.00
80.00
Business Line Deluxe (P)
3
2
818.51
837.02
875.00
8150.00
iMB Ethernet Access - Tier 1
3
1
8115.00
8115.00
$500.00
$500.00
1 MB Ethernet Port
3
1
$65.00
$65.00
80.00
80.00
Best EBon COSP
3
1
80.00
50.00
80.00
80.00
Ethernet- OneNet
3
1
5150.00
8150.00
$0.00
50.00
iNOC - Basic
3
1
$0.00
80.00
$0.00
80.00
Tier C Equipment Upgrade
3
1
839.00
839.00
$0.00
80.00
GM Adjustment : 1 Me Ethernet Access - Tier 1 3 1 ; (828.00) (828.00) 80.00 80.00
Sub Totals: 5378.02 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $17.26
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF is an account.
level fee based on invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of 812.50 shall be charged on invoiced MRCS and usage up to $250.00; $25.00 ASF on invoiced
MRCS and usage totaling between 8250.01 and 82,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than 82,500.00.
X. __.._.__.._._.. _- ___._____.
Agreed By, Customer Signature
•
020409
138476. 10061( Pagel of 2
Date
tLFAW
t Tie /eparific
— �xnrnun'rrn rru xa
0
Customer Name (Print)
_.&A pk-r/15
Sales Representative N
Agreed By, Sales Manager Signature
. Attachment B
Service Agreement •
_ - Title
Phone
Date
•
•
v120409
Page 2 of 2
•
T'e-/reparific
Letter Of Agency
Current Carriers _ &q — f
1. Customer and Carrier Identification
•
3. Approval
s�{Customer Service Records
'To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes TelePacific Communications to act as its
agent in dealing with local companies listed above for the purpose of generating a proposal for
TelePacific Communications
Service Change
!!(] New Service
1, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agent either to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
LLocal Service /
t InlraLata Toll: Carrier: I t
InterLata Long Distance Service: Carrier: % YA t
r
❑ I want to retain my existing LD carrier on some or all of my telephone numbers.
Specify Intra and InterLata PIC for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) Intral-ATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make IntraLATA Toll and /or InterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
t4) Agreement
I
Contact Name and Title Jeff At red - City Managcr
Company Legal Name (Customer CITY Or ROSEMEAD
Service Address(Street/City /State /Zip) 7933 E MERSO N PL - ROSEMEAD CA 91770
Billing Address (Street/City /State /Zip) - 88 38 VAL LEY BLVD -_ , ROSEAIEAD, CA 91770 s „___
2. Billing Telephone Numbers
This au thorizati on covers a ll custom numbers a with the B illing Tele phone #s listed b elow:
Contact Name
Customer Signature
Title
Date
• Attachment B
9/38
020409
10/38
TeI�F',acifir
� J y,A Section 1 Customer
VjjjGttt � Account Number !existing acc11 _ _ _ _
Company Legal Name (Individual if Sole Proprietorship - CITY OI f
Doing Business As (OBA)
Contact Name and Title 3effA -City Manager _
Telephone Number 626-569 Fax Number __
Service Address: 7931 EMERSON PL -
City ROSERtEAD
Attachment B
Service Agreement •
Email jnlh_ed a cityoh_nsemend
__ State _CA_ Zip 91770 --
Section 2 TelePacific Services
TelePacific will provide Cuslonler with the specified type and amount of Services al the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement. .
Descriptlon of Services
Install Discount
Custom Bill Formatting
OneCenlral
Business Line Deluxe (P)
1MB Ethernet Access - Tier 1
1MB Ethernet Port
Best Effort CoSP
Ethernet- OneNet
First Cos
iNOC - Basic
Tier C Equipment Upgrade
GM Adjustment : 1 Me Ethernet Access - Tier 1
Account a
Term
(Yrs)
3
0
3
3
3
3
3
i]
M
c
3
Sub Totals:
Other Charges and Fees ( LDAC and EUCLC )
Federal, State and Local taxes along with the Administrative Se"
level fee based on Invoiced monthly recurring charges (MRCS) an
and administering and processing federal, state and local fees an
minimum ASF of $12.50 shall be charged on invoiced MRCS and t
MRCS and usage totaling between $250.01 and $2,500.00; and ASI
totaling more than $2,500.00.
Monthly
MRC Total
Set -up
NRC Total
Recurring
Charge
Charge
(NRC)
(MRC)
$0.00
$0.00
($800.00)
($800.00)
S0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$18.51
$37.02
$75.00
$150.00
$115.00
$115.00
$500.00
$500.00
$65.00
$65.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$150.00
$150.00
$0.00
$0.00
$30.00
$30.00
$150.00
$150.00
$0.00
$0.00
$0.00
$0.00
$39.00
$39.00
$0.00
$0.00
(S28.00) ($28.00) $0.00 $0.00
$408.02 $0.00
$17.26
e Fee (ASF) are not Included. ASF is an account.
usage to cover costs for regulatory compliance
taxes and public program surcharges. A
age up to $250.00; $25.00 ASF on invoiced
calculated as 1% of Invoiced MRCS and usage
•
i s
v120409 138479 - 100610 Page 1 of 2
Attachment B
11/38
Q TWOMICific
.�.w.p Service Agreement
Agreed 13,y,, Cus tomer Signature Date
"" .
C� flame (Print) Title
Sales Representative Name Phone
Agreed By, Sales Manager Signature Date
• v120409
138479-10061( Page 2of2
12/38
Te ►�@�'arifc
1. Customer and Carrier
Q) Contact Current Carriers
"{��r Contact Name and Title _Joff Alh ed_ gity PIL agcr__
Company Legal Name (Customer CITY Or ROSEMEAD
L1 Service Address (Street/City /State /Zip) 7931 LM ERSON PL - ..
Billing Address (Street/City /State/Zip) 8838 VALLEY BLVD
Other ComDanv Names MA)
• Attachment B
Letter Of Agency
2. Billing Telephone Numbers
This authorizatio covers all c numbers associated with the Billing Teleohone # s listed be low:
•
•
i s
020409
I
Customer Service Records 3. Approval
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes
TelePacific Communications to act as its
agent in dealing with local companies listed above for the
purpose of generating a proposal for
TelePacific Communications
Service Change
❑ New Service
I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agentleither to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
Local Service
Toll: Carrier: i r C
X I Intral-ata
nterLala Long Distance Service: Carrier: t G
or
❑ I want to retain my existing LD carrier on some or all of my Ielephol a numbe s.
❑Specify Intro and InterLata PIC for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) Intral-ATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make IntraLATA Toll and /or InterLATA long distance calls'except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
(4) Agreementl
Contact Name
Title
Customer Signature
I Date
•
•
i s
020409
•
iT�/IeParfic
ro,r ., a.ve•a rrawa
Section 1 Customer Information
( tr 4I �
�S V
Attachment B
13/38
Service Agreement
Account Number lexistind acc0
Company Legal Name (Individual if Sole Proprietorship CI_rY OT ROSEA1CAD
Doing Business As (DBA)
Contact Name and Title Jeff Allr - ,City Alanagcr_
Telephone Number Fax Number
Email
Service Address: _9108_GARVEY AVE
City ROSEhI EAD State CA Zip 91770
Section 2 TelePacific Services
•
TelePacific will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement.
GM Adjustment: 1 MB Ethernet Access •Tier 1 3 c ($28.00) ($28.00) $0.00 $0.00
Sub Totals; $378.02 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $17.26
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not Included. ASF Is an account-
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $250.01 and $2,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than $2,500.00.
Agreed By, Customer Signature
020409
138481 - 18061( Page 1 of 2
Date
Monthly
MRC Total
Set -up
NRC Total
Account
QTY
Recurring
Charge
Description of Services
Term
Charge
(NRC)
(Yrs)
(MRC)
Install Discount
3
1
$0.00
$0.00
($650.00)
($650.00)
Custom Bill Formatting
0
2
$0.00
$0.00
$0.00
$0.00
OneCentral
3
1
$0.00
$0.00
$0.00
$0.00
Business Line Deluxe (P)
3
2
$18.51
$37.02
$75.00
$150.00
1MB Ethernet Access -Tier1
3
1
$115.00
$115.00
$500.00
$500.00
1 Me Ethernet Port
3
1
$65.00
$65.00
$0.00
$0.00
Best ENod CoSP
3
1
_
_-_
$O.OD _
..
- $0.00
. _..__.$0.00 ..
$0.00
o
Ethernet- OneNet
3
1
$150.00
$150.00
$0.00
$0.00
iNOC - Basic
3
1
$0.00
$0.00
$0.00
$0.00
Tier C Equipment Upgrade
3
1
$39.00
$39.00
$0.00
$0.00
GM Adjustment: 1 MB Ethernet Access •Tier 1 3 c ($28.00) ($28.00) $0.00 $0.00
Sub Totals; $378.02 $0.00
Other Charges and Fees ( LDAC and EUCLC ): $17.26
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not Included. ASF Is an account-
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $250.01 and $2,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than $2,500.00.
Agreed By, Customer Signature
020409
138481 - 18061( Page 1 of 2
Date
R
14/38
'•' Teleparifir
• Attachment B
Service Agreement •
Customer Name (Print)
Sales Representative Name
Agreed By. Sales Manager Signature
_— Title.— __— .__.__ _
Phone
Date
I*
0
020409
138481 -1
Page 2 of 2
0
Ta /�F?aciiFic
��. pr
(!, At
J
Attachment B
15/38
Letter Of Agency
1. Customer and Carrier Identification
Current Carriers — _.— fr- f_�1— _— _-- _ —___.
Contact Name and Title Jeff Allred - City Mmmger _—
Company Legal Name (Customer CITY, Of ROSEMEAD
Service Address (Street/City/State /Zip) 9108_ GaRVEl'AVE;,,_,_l2 SAD, CA 91770,__,_,
Billing Address (StreeVCity /State /Zip) 8 838 y AL LEY, BLVD - ROSEMEAD CA 91770
r
2. Billing Telephone Numbers
This authoriza covers all customer numbers associated wit the B illing Telephone # listed below:
i j Customer Service Records 3. Approval
To: Current Carrier(s) Listed Above,
Subject: The Customer Identified above hereby authorizes TelePacific Communications to act as its
agent in dealing with local companies listed above for the purpose of generating a proposal for
TelePacific Communications
�Servlce Change
i] New Service
I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agent either to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
Local Service ,� C
I.5 IntraLata Toll: Carrier:
InterLata Lang Distance Service: Carrier. 7 Aft C
or
F] I want to retain my existing LD carrier on some or all of my telephone numbers.
I l Specify Intra and InterLata Pic for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) Intral-ATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make IntraLATA Toll and/or InterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
(4) Agreement
0 /
Contact Name Title
e Date
v120409
16/38
• Attachment B
Service Agreement •
21109171001 : 1.5M MPLS 3 1 ($57.50) ($57.50) $0.00 $0.00
Sub Totals: 1 $437.02 $0.00
Other Charges and Fees ( LDAC and EUCLC): $17.26
1
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF Is an account-
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on invoiced IVIRCs and usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $250.01 and $2,500-00; and AS calculated as 1% of invoiced MRCS and usage
totaling more than $2,500.00. 1
X,
Agreed By, Customer Sig - Date ----- -- --- -
Customer Name (Print) Title
v120409 138431-10061( Page 1 of 2
•
•
Section I Customer information
Account Number (existing accl)
Company Legal Name (individual if Sole Proprietorship CITY_0FR0
AD
Doing Business As (DBA)
Contact Name and Title ' M -C ity Alruinger
AefL ired :_�;T_
Telephone Number 626-569-2107 Fax Number
J
Email , 'Lit c�Cltypfl 0 se-lnead.iv , g _ _
Service Address: 4343 ENCINi'rA AVE
State Zip
91770 _____
City ROSEMEAD
Section 2 TelePacific Services
I
TelePacific will provide Customer with the specified type and amount of Services at the
rates, and terms and conditions
listed
below, and Customer shall accept and pay for Services under the Terms Conditions
to which Customer agreed
on the
Telecommunications Account Agreement that governs this Service Agreement.
I Monthly
MRC Total set-up
NRC Total
Account CITY Recurring
Charge
Description of Senvicos Term Charge
(NRC)
(YM) (MRC)
Install Discount 3 1 $0.00
$0.00 (3650.00)
($650.00)
OneNet Higher Gear Promo 3 1 ($152.50)
($152.50) $0.00
$0.00
Custom Bill Formatting 0 2 $0.00
$0.00 $0.00
$0.00
OneCentral 3 1 MOD
WOO $0.00
$0.00
1.544rvi oneiiiet 3 1 $610.00
$610.00 $500.00
$500.00
Best Effort CoSP 3 1 $0.00
$0.00 $0.00
$0.00
Business Line Deluxe (P) 3 2 $16.51
$ 37.02 $75.00
$150.00
21109171001 : 1.5M MPLS 3 1 ($57.50) ($57.50) $0.00 $0.00
Sub Totals: 1 $437.02 $0.00
Other Charges and Fees ( LDAC and EUCLC): $17.26
1
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF Is an account-
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on invoiced IVIRCs and usage up to $250.00; $25.00 ASF on Invoiced
MRCS and usage totaling between $250.01 and $2,500-00; and AS calculated as 1% of invoiced MRCS and usage
totaling more than $2,500.00. 1
X,
Agreed By, Customer Sig - Date ----- -- --- -
Customer Name (Print) Title
v120409 138431-10061( Page 1 of 2
•
•
• • Attachment B
17/38
Service Agreement
Phone
Date
/eFac,Pfis
•
�7'e
Sales Representative Name -
Agreed By, Sales Manager Signature
•
•
020409 138431- 10061( Page 2 oft
Service Agreement
Phone
Date
18/38
0
• Attachment B
Letter Of Agency
1. Customer and Carrier
Current Carriers
Identification
Contact Name and Title Jeff Allred -City Alanngcr_
Company Legal Name (Customer CITY OF ROSE
Service Address( Street /Cily/Stale /Zip) 434 ENC INITA .� \!G -
,ROSCYIEAD CA 91770
Billing Address(Street/City /State /Zip) 8838 VALLEY BL)!D_ -
ROSEN GAD G� 91 70
Other Company Names (DBA)
2. Billing Telephone Numbers
This authorization co vers all customer n umbers ass ociated with the Billing Telephone #s listed below:
0 1 . Customer Service Records 3. Approval
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes TelePacific Communications to act as its
agent in dealing with local companies listed above for the purpose of generating a proposal for
TelePacific Communications 1
E
is
Service Change
❑ New Service
I, the undersigned, act on behalf of the company with resi
authorize TelePacific Communications to act as our agen
carrier from current carrier(s) or (2) initiate new service.
Local Service
A Intral-ata Toll: Carrier. f
InterLata Long Distance Service: Carrier: 7
i
or
1 want to retain my existing LD carrier an some or all of my teleph,
Specify Intra and InterLata PIC for each telephone number on alti
=ct to the telephone number(s) listed above. I
either to (1) change our telecommunications
numbers.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) IntraLATA Toll and (b) InterLATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make IntraLATA Toll and /or InterLATA long distance calls'except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
(4) Agree
Contact Name
Customer Signature
Title
Date
•
020409
•
"; reltepacirk:
O.. 1111 .\I[AIi N)
• Attachment B
19/38
Service Agreement
Section 1 Customer Information
Account Number (existing acct)
Company Legal Name (Individual if Sole Proprietorship .,CITY Or A05Eh1liAD_
Doing Business As (DBA)
Contact Name and Title Jeff Allred - Cit
Telephone Number 626 -569 -2107 __• Fax Number Email jalircd�cih•ofrosenieadorg
Service Address: 3936 A9USCATEL AVE -
City ROSENIEAD State CA Zip 91770 „ - _
Section 2 TelePaclfic Services
•
•
Te)ePacific will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listed
below, and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the
Telecommunications Account Agreement that governs this Service Agreement.
21109171001 :1.5M MPLS 3 1 ($57.50) ($57.50) $0.00 $0.00
Sub Totals: $449.58 S0.00
Other Charges and Fees (LDAC and EUCLC ): $23.00
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF is an account.
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and usage up to $250.00; $25.00 ASF on invoiced
MRCS and usage totaling between $250.01 and $2,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than $2,600.00.
/'CX Agreed By, Customer Signature Date
Customer Name (Print) Title
v120409 138436- 10061( Pagel oft
Monthly
MRC Total
Set -up
NRC Total
Account
Cry,
Recurring
Charge
DescrlptIon of Services
Term
Charge
(NRC)
(Yrs)
(MRC)
Install Discount
3
1
$0.00
$0.00
($650.00)
(S650.00)
OneNet Higher Gear Promo
3
1
($152.50)
($152.50)
$0.00
$0.00
Custom Bill Formatting
0
2
$0.00
$0.00
$0.00
$0.00
OneCentral
3
1
$0.00
$0.00
$0.00
$0.00
1.544M OneNet
3
1
$610.00
$610.00
$500.00
$500.00
Best Effort CoSP
3
1
$0.00
$0.00
$0.00
$0.00
Business Line Deluxe (V)
3
2
524.79
$49.58
$75.00
$150.00
21109171001 :1.5M MPLS 3 1 ($57.50) ($57.50) $0.00 $0.00
Sub Totals: $449.58 S0.00
Other Charges and Fees (LDAC and EUCLC ): $23.00
Federal, State and Local taxes along with the Administrative Service Fee (ASF) are not included. ASF is an account.
level fee based on Invoiced monthly recurring charges (MRCS) and usage to cover costs for regulatory compliance
and administering and processing federal, state and local fees and taxes and public program surcharges. A
minimum ASF of $12.50 shall be charged on Invoiced MRCS and usage up to $250.00; $25.00 ASF on invoiced
MRCS and usage totaling between $250.01 and $2,500.00; and ASF calculated as 1% of invoiced MRCS and usage
totaling more than $2,600.00.
/'CX Agreed By, Customer Signature Date
Customer Name (Print) Title
v120409 138436- 10061( Pagel oft
20/38
" TeIeP?arifis
f OAI \Ill. \'I [.11 IOMl
Sales Representative Name
0
Agreed By, Sales Manager Signature
• Attachment B
Service Agreement •
Phone
Date
1 7 J
v120409
f Page 2 of 2
•
0
Tel ep'arifir
ru.vau, ra a,rorva
Letter Of Agency
1. Customer and Carrier Identification
Current Carriers
Contact Name and Title Jeff Allred -City i\lannga• .
Company Legal Name (Customer CITY OR ROSEMEAD
Service Address(Street/City /State /Zip) 3936 _ USCATEL AVF O Lr1 EAP,CA 91770_
Billing Address(StreeVCity /State /Zip) 8838_ %'ALLEYBLVD_ R
2. Billing Telephone Numbers
This autho rization covers all c ustomer numbers asso ciated with the Billing Tele #s list below:
Zi Customer Service Records 3. Approval
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes TelePacific Communications to act as its
agent in dealing with local companies listed above for the purpose of generating a proposal for
TelePacific Communications
•
rl;Service Change
_I New Service
I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I
authorize TelePacific Communications to act as our agent either to (1) change our telecommunications
carrier from current carrier(s) or (2) initiate new service.
(y Local Service
I1,- Intral-ata Toll: Carrier:
ft tlnterl-ata Long Distance Service: Carder:
or
I want to retain my existing LD carrier on some or all of my telephone numbers.
I I Specify Intra and InterLata PIC for each telephone number on attachment.
I understand that only one telecommunications carrier may be designated as my primary interexchange
carrier for any one telephone number for each (a) Intral-ATA Toll and (b) Interl-ATA Long Distance
services. I also understand that if I select no primary interexchange carrier (NO PIC), I will be unable to
make IntfalATA Toll and/or InterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
(a) Agreement
•
Contact Name
Customer S ignature
• Attachment B
21/38
Title _
Date
v120A09
22/38
0
• Attachment B
CJ
E
C�
•
Tie /Ieparific
• Attachment B
23/38
Application for Credit
Please complete all sections completely and legibly. Incomplete applications can not be processed.
•
The information below is wamnted to be true and correct by the below named Customer and is given for the purpose of obtaining credit from TelcPaciLc
Customer authorizes TelePacific to conduct a routine credit check in connection with its application for UrV ice, Tclel'acific will keep such information confidential
and only use it for the purpose of evaluating Customers credit in connection with Custmncr's application for service. This application for credit shall be construed
in accordance with the laws of the Stale ofCalifomia.
Section 1 Customer Information (please complete all sections completely and legibly)
Company Legal Name (Customer) CITY OF ROSENJEAD
Doing Business As (DBA)
Legal Composition: . Corporation Sole Proprietorship _General Partnership _LLP _ LLC Stale Organized: _
Federal Tax I.D. - „ _ Exempt? (circle) No Yes Business Type:
State Tax Into: Tax Exempt# Dun & Bradstreet # (D &B) _
Process as Personal Guarantee I_I (Mark if Applicable)
Officer /Owner Name & Title
Officer /Owner Name & Title
Current Carrier Reference: Carrier Name
Social Security #
Social Security #
Account #: Phone #: Length of Service:
Estimated Monthly Long Distance Usage _ Estimated International Usage _ International Block? (circle) No Yes
Main Service Address: 88 VAL LEI' BLVD
City ROS ---- -- _.._- ._. -.._ _. State _Cp_._._.. _ ZIP Code 91770 - , .
Billing Address (if different): 8838 VALLEY BLVD
City ROSENIEAD State CA ZIP Code 91770,__ - __
Agreed By, Customer Signature
Jeff Allred
Customer Name (Print)
Sales Representative Name
Date - - -_-
Cit 1ldnnaftu .... _ ......
_. -.
Title
2 13- 213.3713
Phone
• v 120409
24/38
TeiePaciPic
• • Attachment B
Telecommunications Account Agreement (TAA) •
Must Accompany TelePacific Terms and Conditions
This Telecommunications Account Agreement (referred to as "Agreement" or'TAAj is made by and between U.S. TelePacific Corp., a California '
corporation, dba TelePacific Communications ('TelePacific ", also referred to as'odr, us, wed, having its principal place of business at 515 S. Flower
Street, 47th Floor, Los Angeles, CA 90071 -2201 and the Customer described belo ( "Customer" also referred to as 'you, I'), pursuant to the
TelePacific Terms and Conditions which are included in summary.
Section 1 Company Information
Company Legal Name (Individual if Sole Proprietorship CITY OF ROSEMEAD
Doing Business As (DBA)
Legal Composition: , Corporation _Sole Proprietorship _ Genera l Partnership _LLP _LLC Slate Organized:
Officer /Owner Name & Title
Officer /Owner Name & Title
Main Service Address: 8838 VALLEY BLVD
City ROSEhIEAD State CA ZIP Code 91770
Billing Address (if different): 8838 VALLEYBLVD
City ROSEMEAD State CA ZIPCode 91770
Section 2 Terms and Conditions Summary
This Agreement you are signing with TelePacific Communications includes the Terms and Conditions set forth on our
websile at www.teIepacIfic.com/NEWterms which are incorporated, by this reference into the Agreement. Please refer to
Toms •
our websile for the full statement of the Tes and Conditions to which you are agreeing. The summary below is only a
reference guide and is not meant to change any of the Terms and Conditions.
1. General — This section defines the Services for which you are cl ntracling, how the prices for those Services are
determined, special conditions for rates and fees, such as expedite'fees, how the rates, terms and conditions may be
changed during the contract Term and any rights you have if those'changes occur.
2. Term, Billing and Payment - This section covers when the Agreement becomes effective, when the Tenn starts and
renews, how additional Services, if any, are handled, how billing will occur and what is included, how a deposit may be
required, what happens if you delay acceptance of the Services, when payment of Invoices is due, how Invoice disputes
are handled, late payment fees, actions that may result from late payment or non - payment and the charge for returned
checks.
3. Customer Obligations — This section covers your responsibility for any of our property on your premises, for use of
our Service and your message content, for compliance with our Acceptable Use Policy (which may change during the
Term), for securing your own network against unauthorized use and access and that you have no right to rely on any oral
or written statements of our employees contrary to the Customer Obligations Terms and Conditions. Also included is your
responsibility to pay any a party vendor charges and to arrange for disconnection and payment of charges related to the
disconnection of any related services with your current carrier(s).
4. Termination — This section states the rights and duties related to termination of Services or the Agreement, the
renewal of the Tenn, the fees charged for cancellation of an order for Services before the commencement of a Term, how
a'material breach' of the Agreement is handled, and whether a fee is incurred for termination of Services or the
Agreement before the end of a Term and how it is calculated. I
continued on page 2
L
v120409
E
u
• Attachment B
25/38
Section 2 Terms and Conditions Summary, continued
5. Warranty, Disclaimer, Limitation of Liability and Indemnity — This section limits your rights to impose liability for
certain damages on us, disclaims certain implied representations and warranties, provides credit allowances under certain
conditions for interruptions of Service and outages that you may claim, and defines your obligations, and ours, with regard
to indemnity and defense of certain claims.
6. Miscellaneous Provisions — This section controls assignment and transfer of the Agreement and Services under it,
the law applicable to the Agreement, an exclusion of liability for damages caused by us over which we have no control,
how we resolve disputes under the Agreement, the exclusion of any understanding or other agreements from what is
contained in the Agreement and its exhibits, and any changes not signed by both you and us, what happens if any
provision of the Agreement is found to be invalid or unenforceable, whether the headings of the sections and paragraphs
are part of the Agreement, the effect of non- enforcement of any provision of the Agreement, how we will give notice under
the Agreement to each other, and a time limitation for the bringing of alegal action under the Agreement
7. Service Guarantee —This section provides you with an alternative to continuing with our Services under the
Agreement under certain conditions.
I
•
Section 3 Acceptance
BY PLACING YOUR INITIALS IN THE SPACE PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND
I AGREED TO THE FULL TERMS AND CONDITIONS SET FORTH ON
THE DATE ENTERED BY YOU BELOW AT www.telepacific.com /NEWterms.
TelePacific agrees to provide, and the Customer agrees to receive and pay for, those services at locations set forth on
the Service Agreement (attached), including any services on subsequent Service Agreements and subsequent changes as long as those
changes meet TelePacific's minimum requirements. This agreement shall become a binding contract upon execution by Customer and
TelePacific
X .. -------
Agreed By, Customer Signature Dale
.. ....._. . ._ _... _ . _. .._ ... .... _._. ... _ .............
Customer Name (Print) Title
Sales Representative Name Phone
X
Agreed By, Sales Manager Signature Date
v120409
ACCOUNT CONTACTS:
PRIMARY ACCOUNT AUTHORITY/ AUTHORIZED SIGNEE ❑ Do not send marketing email
Name Jeff Allred Title City Manager_
Phone 6265692107 Cell
Email jmllredactgefrosemend
Auth Level R WA RWB R WO RO RT (cirle a ^
ppropriate auth orization level)
ALTERNATE PRIMARY ACCOUNT AUTHORITY
.
• Attachment
B
26/38
Assistant City lianager_ _
'hone 6265692107
Cell
ORA
- rweepacinir Customer
Contact Authority
kulh Level RWA RW R WO RO RT
, 't 111;11
a uthorizatio n le vel)
•
TelePacifc is committed to protecting the proprietary information (CPNI) you
have entrusted to us. Pursuant to FCC
Title
Assistant City Manager
rules, effective 121812007, $se have implemented policies And procedures designed m better protect your network
Cell
infomtativn against unauthorized access. please as$ISl its by providing cantplele contact infonnatimt for parties
Fax
authorized to receive information regarding your amount
(cirl ap propriate
authorization le ve0
- 1 grant permission to re/ePaelfrc to provide information to the fulo:ving inoividuals for the purpose of servicing my
Ietecommunlcathms account imluct the review of neA•mrk, service, end bif6ng records. negotiation of senke
changes and resolution of nehvork and hitting issues that may arise on my account. Identified belay are authorized
amount contacts and their respective authority level IW each organizabona/ area within my company. '
Account Number:
Printed Name:
Title: Date:
A uthorized
Signature:
Anilla"h• Levels:
Rh\7A (ReadA\'rne /AID This contact has full authority to request infarmation
and place orders on all aspects of the
account including bill usage and ne Nvork configuration.
RAV/fs: (RcadnVrinlBill) This contact has the authority to ask questions abort
billing issues and request bill related
changes on the account such as the billing address.
RAV /O (ReadAVrile /Orders): This contact can receive informotion about the
nclurork configuration on an account
including ine type, )pe, count, and physical and data tronligumlion.'I his contact is
authorized to plain orders an the amount
including neon rigures, moves, adds, changes, new locations, eta
t{/O: (Rod /Only): 'Phis type of concoct is allowed to request and recei +e
infarmation regarding bills, network -
conf igaration. and orders, but is not authorized to make changes on accounts orIorders.
lVf' (RcadfFrxble) This authority level is allowed to report trouble on accounts, receive neliork configuration
information in support of resolving trouble on the account .
Note: TelePacific may send enmiis to infoml customers of other related services and other information,'felePxcific does
•
not sell personal information and personal infomatiou is not given to a third port)•
unless authorized by du customer in
,Tiling or required pursuant to contracts authorized by la+v.
i
ACCOUNT CONTACTS:
PRIMARY ACCOUNT AUTHORITY/ AUTHORIZED SIGNEE ❑ Do not send marketing email
Name Jeff Allred Title City Manager_
Phone 6265692107 Cell
Email jmllredactgefrosemend
Auth Level R WA RWB R WO RO RT (cirle a ^
ppropriate auth orization level)
ALTERNATE PRIMARY ACCOUNT AUTHORITY
I L_I Do not send marketing email
'Jame _Alattkcivilmviteseorth
_
Title
Assistant City lianager_ _
'hone 6265692107
Cell
_mail nnh arkes \ortlt(nacityofroscmend.olg_
Fax
kulh Level RWA RW R WO RO RT
(cir appropri
a uthorizatio n le vel)
ACCOUNT BILLING CONTACT
❑ Do not send marketing email
Jame AlatthewHaw•kes\_m•th __. --
Title
Assistant City Manager
'hone 6265692107
Cell
?mail udnmvkcsn •orlh @cifyofrosemend.vrg
Fax
iuth L evel R WA R WB RW RO RT
(cirl ap propriate
authorization le ve0
•
020409 1 Page 1 of 2
•
N
X
•
0
• Attachment B
27/38
ONECENTRAL CONTACT
Name MatthewHawkesworth _
❑rte Do not send marketing email
Phone 6265692107
_Title
Cell
Emall tnhawkcsworth a cityo0'osemcnd.org
Fax
Email
Fax
Aulh leve RWA R WB R RO RT
( ci rle appropriate authorizat level)
ALTERNATE ORDER PROVISIONING CONTACT ❑ Do not send marketing email
Name
MAIN TECHNICAL CONTACT
Name
Phone
Email
.._.._--
Do not send marketing email
_Title _
Cell
Fax
Auth Level RW RWB RWO RO RT
---- ---- --
(cirle appropr autho rization level)
ALTERNATE TECHNICAL CONTACT
Name
Phone
Email
❑ Do not send marketing email
Title
Cell
Fax
Auth Level RWA RWB RWO RO RT
( cirle appro priate authorization level)
❑ Do not send marketing email
Name
MAIN DATA CONTACT /LAN ADMINISTRATOR
Name _
Phone
Email
rr Do not send marketing email
Title
Cell
Fax
Aulh Level - RWA RWB RWO RO R
( cirle appropriat a uthorization level)
Fax
_.
__ _
Auth Level RWA RWB RWO R O RT
ORDER CONTACTS:
PRIMARY ORDER PROVISIONING CONTA
O Same as Main Tech Cant[:] Do not send marketing email
Name
Title
Phone
Cell
Email
Fax
Aulh Level RWA RWB RWO RO RT
( cirle appropriate authorization le vel)
ALTERNATE ORDER PROVISIONING CONTACT ❑ Do not send marketing email
Name
Title
Phone
Cell
Email
Fax
Aulh Level RWA RWB RWO RO RT
(tide appropriate auth orization level)
AFTER HOURS CONTACT
❑ Do not send marketing email
Name
Title
Phone
Cell
_ _
Email
Fax
_.
__ _
Auth Level RWA RWB RWO R O RT
- -- ..
(ctrle appropria a uthorization level)
elail: TelePacific Communications. Attn: Customer Care, 7485 Bmuksidc Dr. Suite 102. Stockton, CA 95219
Email: Scan signed documents and send to: customerservicc ( dtcicmc ' fcnct Far. 866- 891 -2088 Initial
E
v120409
Page 2 of 2
AUTHORIZATION FOR THIRD -PARTY
ACCOUNT REPRESENTATION;
TO OBTAIN CUSTOMER'S SERVICE RECORDS,
BILLING INFORMATION AND CREDIT INFORMATION
I, hereby authorize the following "Agency ties)" (Agent/Ven
obtain my or my company's (hereinafter "Customer ") custo
as credit information, from U.S. TelePacific Corp., Mpower
Communications, Inc., all d/b/a TelePacific Communicatior
Communications interface directly with the Agency and its
responding to requests for changes in service, billing dispu
Customer as noted below. I have indicated the level and di
selecting from the following:
Authority Levels (choose one that applies):
RPN/A; fReadlWdte /Alit This "agent" has full authority to request inf
account including bill usage and network configuration.
R/W R (ReadNddj!L1M This "agent" has the authority to ask quest
changes on the account such as the billing address.
RNWO� (ReadWrile /Orders): This "agent" can receive Information a
including line type, count, and physical and data configuration. This
Including reconfigures, moves, adds, changes, new locations, etc.
R /O: (Read /Only): This type of contact is allowed to request and re(
and orders, but is not authorized to make changes on amounts or c
R/T: (Read/frouble) This authority level is alloyed to report trouble
In support of resolving trouble on the amount. They are not authom
access system passwords or place orders for account changes.
rOther Third Party) and its representatives to
service records and billing information, as well
mmunications Corp. and /or Arrival
Is necessary. I am requesting that TelePacific
'esentatives in providing service records,
and /or trouble tickets, for purposes of assisting
ion of this authorization for each "agent' by
and place orders on all aspects of the
s about billing issues and request bill related
ut the network configuration on an amount
ntact is authorized to place orders on the account
, e information regarding bills, network configuration,
:rs.
accounts, receive network configuration information
to receive information about on -line customer
Duration of Authorization (choose one that applies):
This Order /Installation only
Term of contract and extensions with a TelePacific company or until TelePacific is otherwise notified in writing
Agent Contact - Company Name
(Name- -..,�_ Mlle-
- '-- . -_'—
Phone Cell
Email
Auth Lev - T RW RWB RWO RO RT ) (cirle
Duration This Installation Only Term of Contract (c
Voice Vendor - Company Name
Vame Kevin Setgell R Title
?hone 9099720302 .._.. W...:._. ._.W..__.,...._......_...___--� I Cell
email 1 {ScwcllQintcics }'so_ne.gonr 1. Fax
T --
4uth Level RWA RWB RWO RO _RT p (ctrl
- .___ . __.._..
Duration Thi installation Only _ Term of Contract
Agent Code
Vendor Code
authorizat le
•
•
i
vt2g409
Page 1 of 2
Attachment B
S ` Attachment B
29/38
•
Data Vendor - Company Name
Vendor Code
X
Title
Cell
Fax
,vel RWA RWB RWO RO RT (cirl
n This Installat Only Term of Contract
Account Number:
Customer /Business Name:
Billing Address:
ate authorization level)
This letter of authorization does not preclude me or my company from placing orders, handling billing disputes and /or
trouble tickets directly with TelePacifc Communications on my /our behalf.
/-e"
CITY OF ROSEMEAD
8838 VALLEY BLVD.
City: ROSEMEA State: CA Zip: 91770
The undersigned has read the foregoing and represents that he /she is authorized to act on behalf of the Customer.
Printed Name:
Title: Date:
• ... _..__..._.._.......
Authorized Signature:
To facilitate processing of these forms, they may be returned in the follovring ways:
o By mall: TelePaGfic Communications, Attn: Customer Care, 3485 Brookside Dr. Suite 102, Stockton, CA 95219
m By e-mail: Scan signed documents and send to: customcrsewice(a)teleoacific.net
a Byfax: 866 - 891 -2088
Initial
C
J
v120409
Page 2 of 2
•
30/38
7edeed�aeiiesc T- I Card Service Addendum
par „�.,. ,rr rvma
This addendum ((he "Addendum "), dated this _day of , 20, amends the Telecommunications
Account Agreement (the "TAA "), dated , 20 , entered into by and bctween
( "Customer ") and U.S. TeicPacific Corp. ( "TelePacific "). As amended by this
Addendum, the TAA will remain in full force and effect. Cnpilalired (clans used but not defined herein shall have
the meaning given such teens in the TAA.
WHEREAS, Customer has entered into a TAA with TelePacific for a Digital T -1 transport service
( "Service ") at the rates and subject to the temp and conditions contained in the TAA. I he Tenor of the TAA is set
forth below in Section 2. 1
WHEREAS, in order for TelePacific to install the Service, Customer nnisl purchase and install one or more
Digital Trunk Interface card(s) (`T- I Card(s)") to provide access to its cusiomer premises equipment ( "CPE ") at a
location acceptable to TelePacific and in order for Customer to be entitled to the Credit set forth below, Customer
must have selected and must maintain TelePacific as Customer's Prima { ry Imcrezchange Carrier ( "PIC ") for the
entire Tcmt of the TA A. I
WIIERPAS, TelePacific is willing to provide Customer with 5m equipment purchase credit ( "Credit ") to
reimburse Customer, at least in part, for the cost of the T -1 Card (s) required for the interconnection ofTelePacific's
Service with Customer's CPE.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which ire hereby acknowledged, TelePacific and
Customer hereby agree as follows:
Attachment B
T -I Connection TelePacific will connect the Service to Customer's CPE at the Point of Demarcation.
Customer shall connect or arrange for the interconnection (at Customer's sole expense) of the Service with
Customer's T -I Card(s).
Equi Credit TelePacific will reimburse Customer through the Credit for all or part of the cost ofeach
T -I Card purchased and installed in order to receive the Service. The total motion ofthe Credit, per card,
shall be equal to the amount actually paid by Customer for the T -1 Card(s), excluding any and all costs of
software, T -1 Cartl installation or programming or other fees'incurred by Customer in connection vi0n the
T -I Card. Further, the Credit but shall not to exceed $1,500.00. Credits will be applied to Cusmnier's
I in twelve (12) equal monthly installments.
The nmxinmm amount of the Credit available to Customer ba on the T -I Cards required and the term of
the TAA is as follows:
.Cnrd Quantity TAA Terut
2 3
TelePacific shall have no obligation to give Customer any part of the Credit until Customer provides,
within 60 days after installation ofthcT.I Card(s), documentation, acceptable to TelePacific, that proves
Custoner has purchased and accepted the T -1 Card(s) front Customer's vendor, including the original,
unaltered, invoice from Customer's vendor with the vendor'stiante and address printed (hereon, the T -1
Card pricing quotation showing the manufacturer and nnodel number and a copy of the front of Customers
check to the vendor in payment of that invoice ( "Proof). Customer shall return to TelePacific the T -1 Card
Rebate Checklist that TelePacific has provided ulongwith the; Proof.
Application oftl,c Credit TelePacific shall apply the Credit
invoices beginning with the invoice for the next service billiu
Customer of the Service and receipt by TelePacific of the T -1
monthly Credit applied on any given invoice shall not exceed
materially circumstances, be entitled to receive cash in lien of
toward any termination charges owed by Customer under the
withhold any payments oil ToiePacific invoices in auicipatio
, ainst the charges ore Customer's utonthly
cycle after activation and acceptance by
Card Rebate Checklist and Proof. The
5125.00 per T -1 Card. Customer shall rut,
the Credit nor shall any Credit be applied
cans of the TAA. Customer shall not
of the application of any Credit(s).
LJ
•
•
020409
Page 1 of 2
. • Attachment B
31/38
TOOepacific T -1 Card Service Addendum
4. Addendum Tenn This Addandum shall become effective on the date first set forth above told shall remain
in effect for the term of (lie TAA unless lenninutcd earlier pursuant to lire terms of this Addendum or the
TAA,
5. Covenants of the Customer The Cuslouer represents, wan cons and covenants that:
a) Customer will insmll, the T -I Card(s), at its expense, within 60 days after the date of this
Addendum and shall provide the T -I Card Rebate Checklist and Proof within 60 days alter
installation
b) It shall constitute a material breach of This Addenclum if Customer tails to pay its Equipment
vendor for the T -1 card(s) and, i ('applicable, installation and programming prior to submitting the
invoice to TelePacilic. Customer may not assign its right to receive a Credit pursuant to this
Addendum.
C) Customer, or its designee, shall manage and maintain all of its CPE. CtstOnwr agrees to look
solely to its Equipment vendor irthe'r -1 Cmd(s) is defective or there ins faulty installation
and/or programming oflhc T -I Card(s), and hereby agrees to defend, indemnify and hold hamdess
Telellacific, its officers, directors, affiliates, employees, agents and contractors finin any claims or
liability relining to Customct''s purchase, installation,, or programming of the T -I Cards) or
CIStOTTI S inability to use the Service as the result of a defect in or the Ibulty installation or
programming of the T -1 Card(s).
d) Cuslmner acknowledges that Telel'acific has no responsibility of any kind for the maintenance or
repair of the CPC and Customer shall not be relieved of any of its obligations under this
Addendum or the TAA to pay for the Service based on problems experienced with Customers
CPE.
6. Tenninatio r Rcpnvment of the Crcdit If Cuslmner terminates the TAA or fails to designate or maintain
IclePacific as Customer's PIC prior to the expiration of the Tenn of the TAA for any reason other than a
material breach by TelePncifie of lire TAA, Customer twill, within thirty (30) days following such
• termination, repay TclePacilic lire fill mnount of lie Credit provided to Customerpursnant to Section 2
hereof plus interest from the date the credit wvs given to Customer by TclePacific until the full amount of
the credit is repaid at the lesser of (i) 1.5 %per enlcudar nwnlh or any portion of a calendar month, or
(ii) die macinmm rate permitted by Inw.
CUSTOMER U.S. TELEPACIFIC CORP.
Rl. By:
Name: Name:
Title: Title:
Please submit a copy of your original T -I Card(s) invoice 1110,19 with the pricing quotation showing the
manufacturer and mudel number of the T1 Card, the T I Card Checkl ist and Proof ofpaynrent for Equipment credit
directly to Telel'acifne Conunnnicatiuns, TI Card Promotion, 3300 N. Cimarron Road, Las Vegas, NV 89129
within 60 days after installation of the T -I Card(s). For credit purposes, the envelope containing your checklist, the
related invoice and Proof of payment must be postmarked within 60 days after installation orlhe T -1 Card(s).
Customer Egmiptuent vendor (1' -1 Card) name, address and phone number:
•
V120409
Page 2 of 2
32/38
n
U
. Attachment B
•
•
0 0
Attachment B
33/38
"" TelePacific Pa of TERMS AND CONDITIONS
1. General
(a) These Terns and Conditions are part of the Telecommunications Account Agreement (referred to as
"Agreement ") between Customer (referred to as "you" and 'your") and U.S. TelePacific Corp. and /or its
affiliated companies ( collectively referred to as "we ", "us" and "our"). Services are offered to you by us
either under Tariffs (documents which list services, prices and other terms and conditions) filed with the
Federal Communications Commission (FCC) and state regulatory agencies having jurisdiction over the
Services ("Tariffed Services*), or on a non - Tariffed basis. Tariffs are available online at
www.teleoacific.com All services provided under this Agreement are collectively referred to as the
"Services." In the event that the rates, terms and conditions in this Agreement conflict at any time with
those set forth in our federal and /or state Tariffs applicable to the Services, the rates, terms and
conditions of the Tariffs shall control. The rates, terms and conditions of Tariffed Services may change,
subject to the approval of the applicable regulatory agency. If the Tariffs for any Services are cancelled as
a result of regulatory action during the term of this Agreement, we will publish a Price List and related
terms and conditions on our website (www.telepacific.com) which will become part of this Agreement.
(b) We may increase the rates in this Agreement for non - Tariffed Services to pass through any price
increases imposed on us by the providers of the underlying facilities used to provide the Services or, in
the case of long distance services, by our wholesale providers of such services. We may also change the
rates, terms and conditions applicable to non- Tariffed Services by giving you at least 30 days prior written
notice. If we materially change the rates, terms and conditions applicable to any of our non - Tariffed
Services except for pass - through rate increases, you may cancel the affected Services provided you
notify us in writing before the effective date of the changes. If you cancel any of the Services due to such
material changes, you will only be liable for the charges for those cancelled Service(s) incurred up to and
including the date of termination. If you do not cancel the affected Service(s) before the effective date of
the changes, you will be deemed to have consented to the changes and to a continuation of the Services.
(c) Under certain conditions, you may request that installation of Services be expedited by agreeing to
pay an Expedite Fee. No projected date for expedited installation is guaranteed. Payment of the
• Expedite Fee only earns an advanced priority for your installation process and installation is not entirely in
our control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond
the projected or requested date.
2. Term, Billing, and Payment
(a) Effective Date. This Agreement is effective when it has been signed by both parties and your credit
application is approved. Upon approval, we will begin as soon as practicable the installation, connection
and testing of the lines and/or equipment necessary to provide the Services. If you have renewed
Services ( "Service Renewal ") for a new term, ( "Renewal Term "), the Effective Date of the Renewal Term
is the date of the first invoice after the Service Renewal is entered into our billing system.
(b) Term. The initial term of this Agreement ( "Initial Term ") will begin the date we provide notice to you
that the Services are available for your use. This Agreement will continue in effect for the entire Term
chosen on the Service Agreement and for any subsequent Renewal Term. The chosen term will
automatically renew for successive Renewal Terns of one (1) year each thereafter, unless terminated as
provided in Section 4 of this Agreement. However, you may renew Services for a Renewal Term prior to
the completion of the Initial Term. You may order additional services at the existing service location,
subject to our acceptance, under this Agreement. Services for additional Service Locations may also be
ordered, subject to our acceptance, under this Agreement. The initial term for additional Services ordered
for additional Service Locations will begin the date we provide notice to you that the services are available
for your use, will continue in effect for the entire Term specified on the Service Agreement for the
additional Services and shall automatically renew for successive periods of one (1) year each after the
end of the Initial Term of the additional Services (each successive period being a Renewal Term for those
additional Services), unless terminated as provided in Section 4 of this Agreement. The Terms and
Conditions of this Agreement shall extend automatically, following termination, to cover the remaining
Term of any additional Services provided. See Section 4 of this Agreement for additional terms and
• v120409
n
u
34/38
�. Telepacifir Page 2 of 6
conditions applicable to terminations and Renewal Terms,
(c) Billing. We will begin invoicing you for the Services after
available for your use and will continue invoicing you on a m
terminated. We will bill monthly recurring charges in advanc
You are responsible for all sales, gross receipts, use, excise
charges and assessments based on your use of the Service
invoice along with any fees or surcharges applicable to the
discretion, that you provide a deposit or other assurance of
and /or thereafter. Any required deposit shall not bear intere
acceptance of the Services after receiving notice that Servic
discretion, begin charging you for the ordered Services. If y
Services for more than 60 days after the date the Services e
breached this Agreement, and we will be entitled to terminal
pursue the remedies in Section 4 of this Agreement.
(d) Payment. Invoices are due and payable upon presental
Date printed on the invoice. If you have a bona fide dispute
( "Disputed Amount"), you shall pay all amounts not in dispu
written request for a billing adjustment, together with all sup
the Pay By Date or your right to any billing adjustment shall
portion of the Disputed Amount, you will not be obligated to
amount. If you fail to pay all non - Disputed charges on our
late payment charge of 1.5% per month or the maximum ra
unpaid balance until the amount is paid. We may also susF
amounts, including late payment charges, are paid in full.
returned check.
3. Your Obligations
(a) Our Property. Any equipment installed at your premisf
authorized third party vendor remains our personal proper
shall give or convey to you any right, title or interest in suc
damage the equipment and you agree to reimburse us for
intentional or negligent acts or by the intentional or negligt
users or representatives. You will allow us to promptly rer
will promptly return the equipment to us upon termination
used.
• Attachment B
TERMS AND CONDITIONS •
the rates during Renewal Terms.
living you notice that the Services are
nthly basis until the Agreement is
and usage charges after the usage occurs.
and other federal, state and local taxes,
, which Will be separately listed on each
:rvices. We may require, in our sole
ayment before the Services are provided
: unless required by law. If you delay
s are available, we may, in our sole
i continue to delay acceptance of the
B available, you will have materially
this Agreement without further notice and to
i, and become past due after the Pay By
tth any of the amounts on the invoice
by the Pay By Date and provide us with a
rting documentation, within 45 days after
waived. If we agree to adjust all or a
iy a late payment charge on the adjusted
roice by the Pay By Date, we may impose a
allowed by law, whichever is less, on the
id your services until all delinquent
additional charge will apply to each
)y us or shipped to you by TelePacific or our
and nothing contained in this Agreement
equipment. You agree not to interfere with or
y loss or damage that is caused by your
acts of your agents, employees, authorized
✓e the equipment from your premises or you
he Services for which the equipment was
(b) Responsibility for Message Content. You are solely responsible for all content that you make
available on or through our Services. You guarantee that all such content will not infringe on, or contain
any content that infringes on, or otherwise violates any copyright, patent or any other right held by a third -
party and that all such content will not violate any applicable law, rule, regulation or industry standard.
(c) Use of Services. You will not use the Services for any illegal, unlawful, abusive or fraudulent purpose
and will use the Services in such a manner as to prevent damage to our network. Your proper use of the
Services includes conforming to all Acceptable Use Policies ( "AUP ") that are available on request and are
displayed at our web site at www.teleoacitic.com The AUP may be amended from time to time. If we
materially change the AUP, you shall be provided the same right to notification and cancellation provided
in Section 1(b) of this Agreement.
(d) Third -Party Obligations. You are responsible to p
disconnection and payment of charges related to the
current carrier(s).
(e) Network Security. You acknowledge that it is your
vendor charges and to arrange for
any related services with your
to take whatever actions you deem
•
C I
v1204o9
0
• Attachment B
35/38
w,. T_ elePa Page 3of6 TERMS AND CONDITIONS
necessary to make your computer and voice network and circuits adequately secure from unauthorized
access. You further acknowledge that we only provide telecommunications services and certain
equipment to you and that we are not responsible for the security of your network and circuits from third
parties, or for any damages that may result from any unauthorized access to your network. We urge you
to seek independent advice with respect to products, equipment (including configurations), and services
available to make your computer network and circuits more secure from third parties.
YOU FURTHER ACKNOWLEDGE THAT NONE OF OUR EMPLOYEES, AGENTS,
REPRESENTATIVES OR SUBCONTRACTORS HAS MADE, AND THEY DO NOT HAVE THE
AUTHORITY TO MAKE, ANY REPRESENTATIONS CONCERNING THE SECURITY OF YOUR
NETWORK OR THE SERVICES WE PROVIDE THAT ARE INCONSISTENT WITH THE STATEMENTS
CONTAINED IN THIS SECTION 3(e).
4. Automatic Renewals; Terminations; Rights and Remedies
(a) This Agreement and any orders for Services submitted under it shall remain in effect until terminated
as stated in this Section 4. After the Initial Term, this Agreement will automatically renew for successive
periods of one year each at our rates then in effect for your Services unless either party notifies the other
in writing within the last sixty (60) days of the then - current Term of the intent not to allow this Agreement
to renew for a successive Term. However, even after termination of this Agreement for Services ordered
for the original location(s) covered by this Agreement, the Terms and Conditions of this Agreement will
automatically extend to cover any remaining Terms or Service Agreements for any additional Services to
additional Service Locations which have not expired. The Term of any such additional Service
Agreements shall be subject to the same automatic renewal and termination notice provisions as are
contained in this Agreement. If either party gives the other party the required notice of a decision not to
allow the Agreement or the Term of any additional Services to additional Service Locations to renew at
the expiration of a Term, actual termination of.Services will not occur until the later of the end of the then -
current Term or thirty (30) days after receipt of that notification. If you elect to terminate the Agreement or
any orders for Services before the installation of the Services, you must do so in writing, and you shall
pay to TelePacific as a termination charge an amount equal to: (1) the non - recurring charges applicable
• to the Services, even if initially waived, unless those charges have already been paid, and (2), if this
Agreement is for a Term of one year, an amount equal to three times the one month recurring charges,
or, if this Agreement is for a Term of more than one year, an amount equal to six times the one month
recurring charges. You agree that such a termination charge is a reasonable amount because, among
other reasons, it would be difficult or impossible to calculate the exact amount of damages suffered by us
if you terminate this Agreement or any orders for Services.
(b) Either party may terminate this Agreement upon 30 days notice if the other party materially breaches
the terms and conditions of this Agreement and the other party fails to cure the default within the 30-day
period, including, but not limited to, your failure to pay our invoices for the Services by the Pay By Date. If
you terminate this Agreement after our material breach, then you will be responsible only for charges for
the period before the date of termination. If, however, we terminate this Agreement as a result of your
material breach, or you terminate this Agreement or any Services provided to you for any reason other
than our material breach, you shall pay to us a termination charge as follows:
(i) If the effective date of the termination occurs before the last year of the Initial or Renewal Tenn, we will
determine the termination charge as though you had elected an Initial Term ending within the Tenn year
in which you terminate ( "Revised Alternate Term "). For example, if you terminate in the 13th month of a
three year Term, the Revised Alternate Term would be two years. We will also determine the monthly
recurring charge ( "Default MRC ") that would have applied if you had chosen the Revised Alternate Term
when you first selected a Term. You will then pay us a termination charge equal to: (1) the non - recurring
charges for the terminated Services, even if those charges had been initially waived (only applies during
Initial Term); (2) the difference between the monthly recurring charges you actually paid for the
terminated Services through the effective date of termination and the Default MRCS that would have
applied under a Revised Alternate Tenn; and (3) 50% of the Default MRCS for the period starting with the
effective date of termination and ending on the expiration of the Revised Alternate Tenn.
• v120409
36/38
,.'' TeleFacific
r
L
Page 4 of 6
Attachment B
TERMS AND CONDITIONS
•
(ii) If the effective date of the termination occurs during the last year of the Initial or Renewal Term, you
will pay us a termination charge equal to: (1) The non - recurring:, charges for the terminated Services,
even if those charges had been initially waived (only applies during Initiarrerm); and (2) 50% of the
monthly recurring charges for the period starting with the effective date of termination and ending on the
expiration of the Initial or Renewal Term.
If you terminate this Agreement or any Services provided to you for any reason other than our material
breach, you shall provide us with written notice 30 days in advance, and the effective date of the
termination will be the end of that 30 day notice period for purposes of determining the remaining time
over which the termination charge will be calculated. If you do not give us that notice, then the effective
date of termination shall be the date we terminate this Agreement. For partial months, remaining monthly
recurring charges will be determined on a prorated basis.
All termination charges are due and payable immediately on the effective date of termination (including
the 50% of remaining monthly recurring charges), and are in adtlition to any monthly recurring charges,
usage charges and other charges due as of effective date of termination.
You agree that each of the above termination charges is a reasonable amount to compensate us for lost
MRCS and usage charges following termination. You agree because, among other reasons, it would be
difficult or impossible to calculate the exact amount of such damages suffered by us if you terminate this
Agreement or any orders for Services.
(c) In addition to any other recoveries we are entitled to, we shall be entitled to recover from you all of the
costs we incur (including court costs and reasonable attorneys fees) to collect any delinquent charges
owed by you along with all other damages we incur as a result of your breach of this Agreement
including without limitation termination charges, past due recurring and usage charges, any damage to
our equipment and any amounts we have to pay to third parties because of violations by you of our AUP.
(d) Sections 4 and 5 of this Agreement, inclusive of sub - section, shall survive any termination or •
expiration of this Agreement.
5. Warranty Disclaimer, Limitation of Liability and Indemr
(a) WARRANTY DISCLAIMER. WITHOUT LIMITING ANY E)
PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NET
OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLF
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,
OR GOODWILL) ARISING IN CONNECTION WITH THIS AG
SERVICES UNDER THIS AGREEMENT (INCLUDING ANY S
DELAYS /FAILURES), UNDER ANY THEORY INCLUDING W
WARRANTY, STATUTE, STRICT LIABILITY OR NEGLIGEN(
ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POE
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO A
SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRAI
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT)
PURPOSE, OR TITLE OR NON - INFRINGEMENT OF THIRD
(b) Credit Allowances for Interruption of Service. If an interrup
us and not by you or any third party or other causes beyond or
to a credit allowance not to exceed an amount equivalent to th
affected Service for the time period during which the interrupti(
apply for credits are available on our website at www.teleoacifi
omission of any other entity furnishing you with facilities or eq(.
we be liable for any damages or losses due in whole or in part
or in part to the failure of equipment or facilities that you provid
(c) LIMITATION OF LIABILITY. NOTWITHSTANDING THE P
ESS FINANCIAL OR LIABILITY
R PARTY SHALL BE LIABLE TO THE
SPECIAL, INCIDENTAL OR
ST BUSINESS, REVENUE, PROFITS,
=MENT OR THE PROVISION OF
VICE IMPLEMENTATION
OUT LIMITATION TORT, CONTRACT,
EVEN IF THE PARTY HAS BEEN
IILITY OF SUCH DAMAGES. WE
SERVICE PROVISIONED. WE
_S, INCLUDING WITHOUT
_ITY, FITNESS FOR A PARTICULAR
TTY RIGHTS.
in or failure of Service is caused solely by
reasonable control, you may be entitled
proportionate charge to you for the
occurred. The steps you must take to
com. We shall not be liable for any act or
ment used with the Services, nor shall
your fault or negligence or due in whole
OF SUB - SECTION (a) OF
•
v120409
0
Attachment B
37/38
..a Te►ePacific Page 5of6 TERMS AND CONDITIONS
THIS SECTION 5, OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED
THE LESSER OF (1) YOUR PROVEN DIRECT DAMAGES, (2) THE AMOUNTS YOU PAID TO US FOR
THE SERVICES DURING THE PERIOD IN WHICH ANY SERVICE - RELATED PROBLEMS WERE
EXPERIENCED, OR (3) THE CREDITS AVAILABLE TO YOU UNDER OUR TARIFFED LIMITATION OF
LIABILITY. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION AND CLAIMS,
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
(d) Indemnification. You will defend, indemnify and hold us harmless (including our officers, directors,
employees, agents, and contractors) from any claims, liabilities, losses, damages and expenses
(including reasonable attorneys fees and costs) arising out of or relating to your use of the Services. This
indemnity will not be available if the damage or loss is due to our willful or reckless acts or omissions.
Subject to the limitation of liability set forth in sub - section (c) of this Section, we will defend, indemnify and
hold you harmless (including your officers, directors, employees, agents, licensees or contractors) from
any claims, liabilities, losses, damages and expenses (including reasonable attorneys fees and court
costs), arising out of or relating to our delivery of the Services to you. This indemnity will not be available
if the damage or loss is due to your willful or reckless acts or omissions.
6. Miscellaneous Provisions
(a) Assignment and Succession. You may not assign or transfer this Agreement without our prior written
consent, which shall not be unreasonably withheld. Any unauthorized assignment or transfer shall be null
and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successor and
authorized assigns.
(b) Governing Law. This Agreement shall be deemed to have been made in the State of California, and
• shall be construed pursuant to the laws of the State of California without regard to the conflicts of law
provisions thereof.
(c) Force Majeure. We shall not be liable for any failure of performance of the Services due to causes
beyond our control, including, but not limited to, fire, flood, electric power interruptions, national
emergencies, civil disorder, acts of terrorists, dots, strikes, lockouts, work stoppages, Acts of God, or any
law, regulation, directive, or order of the United States government, or any other governmental agency,
including state and local governments having jurisdiction over us or the Services provided hereunder.
(d) Arbitration. If you and we cannot resolve between ourselves any dispute arising under this
Agreement, you and we shall promptly submit the dispute to binding arbitration at the office of the
American Arbitration Association ( "AAA ") located in the City or County of the state where the services are
provided, or, if there is no AAA office at that location, then at the AAA office closest to where the services
are provided ( "Arbitration Site "). The arbitration will be held in accordance with the commercial arbitration
rules of the AAA. Either party may initiate arbitration by providing written demand for arbitration (with a
copy to the other party), a copy of this Agreement and the administrative fee required by the AAA rules to
the AAA office serving the Arbitration Site. The remaining cost of the arbitration shall be shared equally
by the parties unless the arbitration award provides otherwise. Each parry shall bear the cost of preparing
and presenting its case. You and we agree to undertake all reasonable steps to expedite the arbitration
process. One arbitrator will be appointed in accordance with the AAA rules within 30 calendar days of the
submission of the demand for arbitration. The arbitrator will designate the time and place for the
Arbitration within 30 days of appointment. The parties agree that the arbitrator's authority to grant relief
shall be subject to the provisions of this Agreement, our applicable tariffs, if any, and any other applicable
law. The arbitrator shall not be entitled to award, nor shall either party be entitled to receive, punitive,
incidental, exemplary, consequential, reliance or special damages, including damages for lost profits.
The arbitrator's decision shall follow the plain meaning of this Agreement and shall be final, binding and
enforceable in a court of competent jurisdiction.
(e) Entire Agreement and Modifications. This Agreement and all other documents specifically referred to
•
020409
• , Attachment B
38/38
r.r TeleParific Page,6of6 TERMS AND CONDITIONS
in this Agreement constitute the entire and final agreement and understanding between you and us with
respect to the subject matter of this Agreement and supersede all prior agreements relating to such
subject matter, which are of no further force or effect. Any and 211 exhibits referred to in this Agreement
are integral parts of this Agreement and are made a part of this Agreement. This Agreement may only be
modified or supplemented by an instrument in writing executed l y both your and our duly authorized
representatives.
(f) Severability. If any provision of this Agreement is held to be
administrative agency with jurisdiction over the Services, such
minimum extent necessary to render it enforceable.
(g) Headings. The headings used in this Agreement are for
or otherwise affect the meaning of any of the terms.
(h) Waiver. Under no circumstances shall our failure to enforce
particular instance be construed as a waiver of that provision.
(i) Notices. All notices from you to us must be in writing and
requested or by Federal Express or other similar expedited (
Attn. General Counsel, 515 S. Flower Street, 47' Floor, Los
notifying us that you do not wish to renew Services, your wri
manner or by an email to: retention(a)teleoacifie.com .
0.) Limitation on Actions. Any legal action arising in
two (2) years after the cause of action arises.
7. Service Guarantee
Notwithstanding anything to the contrary contained in this Agree
without any further obligation if the Services we provide are not:
standards during the first 90 days the Services are available for
Agreement pursuant to this guarantee, we will reimburse you for
establish service with your previous service provider not to exce
installation of the Services. This Service Guarantee only applies
deficiency was within our reasonable control; (b) you ordered at
recommended to meet your traffic volumes; (c) you give us writt
90 days after we notified you the Services are available for your
deficiency within 15 days after receiving written notice from you
or unenforceable by a court or
n shall be deemed amended to the
only and do not in any way limit
provision of this Agreement in any,
ad by certified mail, return receipt
service to: U.S. TelePacific Corp.,
s, CA 90071 -2201. If you are
ice may be by a letter delivered in that
this Agreement must begin within
ant, you may terminate this Agreement
bstantially performing up to industry
ur use. If you elect to terminate the
II reasonable costs you incurred to re-
the amount that you paid to us for
(a) the cause of the Service
ast the amount of Services that we
nofice of the deficiency within the first
;e, and (d) we fail to corr ect the Service
the deficiency.
•
•
•
v120409