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HomeMy WebLinkAboutTPX COMMUNICATIONS, INC. (2)INSURANCE: NOT REQUIRED WORK MAY PROCEED CLERK OF GUUN MAR 1 6 2018 t x0%2517 i t t Please return an original executed agreement to our office (M -30/T11) Telecommunications Account Agreement Must Include Service Agreement This Telecommunications Account Agreement (referred to as "Agreement" or "TAA") is made by and between U.S. TetaPacific Corp. andtor its affiliated companies. (rPx Communica#ions°, also referred to as "our, us, we"), and the Customer described below ("Customer" also referred to as "you, I"), pursuant to the TPx Terms and Conditions, to which you agree and which art Included In summary herein (available in full at www.ipx.com/torms). Name (individual It Sole CITY OF SANTA ANA business As (DBA) Composition: _, orporailon __3oneral Partnership `LLP I_p _, le Proprietorship Tax ID (Do not enter personal Social Security No) State Organized; )caner Name Raul Godiooz Title City Manager )wner Name Title Address: 20 CIVIC CENTER PLAZA SANTA ANA State: CA ZIP Code: 92701 nor's Email Address: -czars P=gs,nr�an = This Agreement you are signing with I t includes the Terms and Conditions set forth on our wobsite at www tox.comtterms, which are incorporated by this reference into the Agreement. please refer to our wobsite for the full statement of the Terms 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. General—This section defines the Services for which you are contracting, how the prices for those Services are determined, Belot conditions for rates and fees, such as expedite fees, how the rates, terms and conditions may be changed during the 7tracl Term and any rights you have if those changes occur. Term, Billing and Payment • This section covers when the Agreement becomes effective, when the Term starts and renews, N additional. Services, It any, are handled, how billing will occur and what Is Included, how a deposit may be required, what opens It you delay acceptance of the Services, when payment of Invoices is due, how Invoice disputes are handled, fate yment fees, actions that may result from late payment or non-payment and the charge for returned checks. Customer Obligations This section covers your responsibility for any of our property on your promises, for use of our Service I your message content, for compliance with our Acceptable Use Policy (which may change during the Term), for securing your n network against unauthorized use and access and that you have no right to rely on any oral or written statements of our ployees contrary to the Customer Obligations Terms and Conditions. Also included is your responsibility to pay any 3f° party idor charges and to arrange for disconnection and payment of charges related to the disconnection of any related services with it current carrier(a). Termination — This section states the rights and duties related to termination of Services or the Agreement, the renewal of the m, the fees charged for cancellation of an order for Services before the commencement of a Term, how a "material breach" of Agreement Is handled, and whether a fee is incurred for termination of Services or the Agreementbefore the end of a Term and N It is calculated. Warranty, Disclaimer, Limitation of Liability and indemnity —This section limits your rights to Impose liability for certain pages on us, disclaims certain implied representations and warranties, provides credit allowances under certain conditions for irruptions of Service and outages that you may claim, and defines your obligations, and ours, with regard to Indemnity and onse of certain claims. Continued on page; Section 2 Terms and Conditions SUmmAEy continued 6. Resolution of Disputes— This section REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. 7, Miscellaneous Provisions — This section controls assignment and transfer of the Agreement and Services under it, the law applicable to 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 an action under the Agreement. 8. Service Guarantee—This section provides you with an alternative to continuing with our Services under the Agreement under certain conditions. Section 3 Acceptance BY PLACING YOUR INITIALS IN THE SPACE(S) PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED T0THE FOLLOWING ON THE DATE ENTERED BY YOU BELOW. ✓ FULLTERMSANDCONDITIONSSETFORTHATwww.tpx.com/terms Initial E911 FOR VoIP SERVICES ADDENDUM SET FORTH AT www.tpx.com/E911-VOIP-Addendum.pdf Initial ITx FOR OFFICE 365 ADDENDUM SET FORTH AT www.tpx.com/lTx-Office365-Addendum.pdf Initial ITx FOR WAN ADDENDUM SET FORTH AT www.lpx.com/ITx-WAN-Addendum.pdf Initial IITx SERVICES ADDENDUM SET FORTH ATwww,t x.com/ITx-Services-Addendum,pdf Initial ONESECURE ADDENDUM SET FORTH AT www.tpx.com/OneSecure-Addendum.pdt UCx CUSTOMER PROVIDED SIP DEVICES ADDENDUM SET FORTH AT www.tpx.com/UCx-Customer. 7nitiai Provided-SIP-Device-Addendum.pdf UCx EQUIPMENT PURCHASE ADDENDUM SET FORTH AT www.tpx.com/UCx-Equipment-Purchase- tnitral Addendum.,df Initial UCx EQUIPMENT RENTAL ADDENDUM SET FORTH AT www.tpx.com/UCx-Rental-Addendum.pdf ✓ ,X a, SERVICE LEVEL AGREEMENTS (SLA) SET FORTH AT www.tpx.com/sla Initial VX VIA THE EMAIL ADDRESS PROVIDED IN SECTION 1 By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement (and the Terms and Conditions Incorporated by reference). TPx 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 TPx's minimum requirements, THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, This Agreement shall become a binding contract upon execution by G stomer and so ante by TPx. 3 12-1 Agree by: Customer Signatu to Date Raul Godinez Raul Godinez II Clly Manager mane ( 0AAWilia City Manager y— r ® a dcepted by: Sales Manager Sign Date Approved as to Form Attest Recommended for Approval 0 hn M. Funk Maria D. Huizar J Ciulla ssistant City Attorney Clerk of the Council C of Technology Innovations Officer 1082517 ADDENDUM TO TELECOMMUNICATIONS ACCOUNT AGREEMENT This Addendum to Telecommunications Account Agreement ("Addendum") is made as of the 20 day of February 2018, by and between U.S. Talo.Pacific Corp., a California corporation, d/b/a, TPx Communications, 515 S. flower Street, 45ttr floor, Los Angeles, CA 90071 »2201 ("TPx") and City of Santa Ana, a California municipality, 20 Civic Center Plaza, Santa Ana, CA 92701("Customer" ). This Addendum atneuds and modifies that certain Telecommunications Account .Agreement between TPx and Customer signed by Customer on time 6 day of �v _ , 20 Vb? ("Agreement"), as follows: I. Based on the volume of Services ordered by Custormrer and the competitive conditions in time marketplace fbr telecommunications services, TPx. hereby agrees to provide Services to Customer pursuant to Torms and Conditions and rates applicable to the Agreement as modified below based upon Custwnoras cotnrrritruermtto. athree (3) year term (11tiltial Term") subject to the Terms antt'Conditions as mo lfied.by this Addendum as :vet forth below. 2. Notwithstanding the provisions of subsection (b) of Section 4 of the Terms and Conditions ol`the Agreement, In the event Customer no. longer needs the Set vices covered under this Agreement at one or more service Locations, Customer may, upon forty-five (45) days written notice to TPx, terminate Services that are not needed and, except that Customer shall :pay to i'Px all amount t4us) to the tariffed Non - Recurring Charges for installation of Solvices to such affected service Locations, other termination charges (except for any termination charges .imposed on TPx by a provider of any underlying facilities) will not apply, provided that the total Mombly recurring Charges covered under this Agreement at any time are not reduced by shore than twonty percent (20%) below the greater of (i) tile. total Monthly recurring Charges applicable to the Services installed at the commencement of this Agreement, or (ii) the total Monthly Recurring Charges applicable to the Services provided to Customer in any one of the then -preceding three (3) months, If the total Monthly Recurring Charges for Services falls below the eighty percent (80%) level, Customershall pay the termination charges set forth in subsection (b) of Section 4 of the Terms and Conditions of the Agreement, In addition, Customer agrees that the :ability to reduce services no longer needed and Without termination charges shall not apply to any terminated services the Customer ports or transfers to a different service provider, In those cases, Customer shall be responsible for paying the termination charges, 3. During the Initial Tenn of the Agreement, upon Customer providing TPx a. minimum forty -'five (45) days advance written notice, Custommor my request that TPx move Services from Customer's current Service: Location to a Service Location at a different address served by TPx one (1) time at each of Customer's Service Locations without incurring any non-recurring charges normally charged to Customers in connection with moving said Services, flowever, TPx maypass lbrouSh a termination charge which, as a result of Customer's termination, TPx becomes obligated to pay to a third party provider of the underlying facilities. Also, a new Term may apply to any Services moved to a new Service Location. Services shall be moved within a standard service interval. If Customer requires that Services be moved on an expedited basis, Customer may request an expedited move in which case an expedite fee shall apply. 4. All of the other provisions of the Agreement shalt remain in fall force and effect. U.S. TolePacific Corp., City of Santa Ana, a California corporation a California municipality Name:b���-e �-- Ad��RautGodinez II ( Title: ! nom .Eity =Manager APPROVED BY LEGAL �(q -2© / Approved as to Form Attest ecommended for Approval arku `^ C D ' o n M. Funk Marfa D, Hulzar Vief Ciulla Assistant City Attorney Clerk of the Council Technology innovations Officer Please return an original executed agreement to our office (M -30/T11) PRI Open the Door with Unlimited Local and Intra Lata A PRI Open the Door customer must select and maintain TPx Communications as the long distance carrier to be eligible to purchase a SuperTrunk or Voice Only PRI at the reduced monthly recurring charge and receive the reduced usage rates. California and Nevada Outbound Per•M nute atee Call Type Intrastate Interstate Billinglncrements Ia/6 $0.26 1616 Rates $0.030 —""— $0.030 Other Interstate Puerto Rico Rate $0.31 Blliing In 3018 $0.31 Alaska $009 Guam $0.17 awall $0.06 California and Nevada Inbound Toll Free Per -Minute Rates Termination On -Net ..ff•Net Call ype Intrastate Interstate Intrastate Interstate Billing Increments 1818 Rates $0.030 1 $F 62 x0401/7 Page 1 Initial ( 0 Origination Rate Billing Increments 8U/8 Alaska $0.19 $0.26 ,anada $0.19 $0.31 Hawaii $0.13 $0.22 Puerto Rico $0.19 $0.31 US Virgin Islands $0.19 $0.31 Number (existing scot) m0 Raul Godinez contact Tule Number 714.647-5200 Fax Number cress: 20 CIVIC CENTER PLAZA oily 'A Zip Code U791 E-mail Service AgreemenUNehvork Service Order 01.16.18 Quote/Order IO: GRACE SSnetlnn 2 TPxjS0mjCas TPx w0 Povida CUSlamer Wlm the e1e1111N 119 amt..It of SWIal 11 the mes.and mmq end caMillpne listed below, and Cuetpmetshell ¢cam ad pay tat earvicee Udel me Tame end ConGtlam Ipwhlch 0,uhNer agreed or me T.W0mmuNWapm Account APeumenl Thal ab,N$ mu, So,No AgreemenlMelwmk Sa11ae 0011. Description at Services Select Term Quantity Length (Y's) Monthly Recurring Charge(MRC) Nen Recurring Charge (NRC) .MRC ToIaI `NRC TOIBI 01Ce Only PRI CA-ATBT "Hi Ucurnme uoor wim urcurtant LocalUcal Tail 9 Year 3Ye r 3 S 5 0.00 $0.00 500.0 $0.00 1 00.00. 0.00 1500. p .0.00 00Numbers (block of 2 3Yaar 36 $15.00. 7.7 .00 $15.69 .26 Voice Only PRI 10A-AT&T)iscoubt3 year 3 iti 50 . 179.90 500.00 P•N: DI Numbers locko 20 Olsaounl 3Y ar 136 1.9 71.5 1818.5 75 .25 9ubTDta1: $1026,36 $0,00 LOAC, EUCC and EUOd, Charges; $0.00 $0.00 F4d4161, Slate Olid Local TSxeasnd Other CMioss bill M applied In accordance Whh In. dellnhlone stated at bbwdpxaowrNea. In WRAEESS WHaRgoF ach h eo he, 1141, Is 8 e A9reemenUNetwMk earvk Orde IOM "Nut" by ha duty outharked ropesenlatlya. ,09 IF Agreed b+y-nCusmmer&gnalura 'f/27-%+ � /t i pale � �1 Rau( Godinea prrvama (Pdntl .City Manager i==1 2'Raul Godinez II2-1 11 City Manager EEO Service Agreement Number (existing acct) IDVA70 any Legal Name (Individual If Sole Proprietorship) Business As (DBA) :t Name :t Title ,ne Number 214-64Z-5200 Fax Number Emall Address: .220 S Daisy Ave City Santa Ana CA ZIP Code:.92703 TPx 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. For any Access, ITx, and/or UCx Service listed below that is being added to Services currently provided to Customer at the above. referenced Service Location, a new Service Term (as provided in the Term Length column below) shall apply to any such Service. Description tion of Services Voice Only PRI CA -AT&T Term Length Yrs 3 Monthly Recurring Charge Ot MRC 1 210.00 MRC TotalNRC $ 210.00 Setup Charge NRC Total Pat 'Open the Door with Unlimited Local/Local Toll 3 { $ 3 10' 5.50. $ 85,00 $ $ $ $ $ _.$ $ $ $ Sub Totals: 295.00 $ LOAD, EUCC and EUCL Federal. 41st.. and l renal muse aid rl.e.rel..,.,..[..,..u!u_...,.u..,,______.____.. ....�_. .... ._. Agreed by: Customer Raul Godinez 11 Customer Name t) I[Aer�CtL ss Repr e lative vamp Agreed by: Sales Manager Signature V040117 City Manager at www.tpx.com/rates 3 Lt Date Title Pettis Date Number (existing acct) any Legal Name (individual if Sole Proprietorship) Business As (DBA) .t Name A Title Service Agreement Telephone Number 714-647-5200 Fax Number Email ,rvice Address: 801 W CIVIC CENTER DR, City Santa Ana CA ZIP Code: 92701 TPx 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. For any Access, !Tx, and/or UCx Service listed below that is being added to Services currently provided to Customer at the above - referenced Service Location, a new Service Term (as provided In the Term Length column below; shall apply to any such Service. Term Length Description of Services Yrs Monthly Recurring Charge Dt MRC MRC Total Set-up Charge (NBC) NRC Total voice Only PRI(CA-AT&T) 3 1 $ 210.00 $ 210.00 $ PRI Open the Door with Unlimited Local/Local Toll 3 1 - $ 3 10 $ 8.50 $ 85.00 $ $ $ $ $ $ $ $ $ $ $ Sub Totals: 295.00 $ LCAC, EUCC and FUCL $ Federal, state, and Local taxes and Utner Charges will ba applied in accordance with the definitions stated at www.tpx.com/rates Agreed by: Customer Raul Gxociinez II met Name p fIyh V1 t m(p1ti)ctol'dacfk- City Manager 1 � Repro • ive a e Agreed by: Sales Manager Signature V040117 -3 2t Date Title '11i/Ii' Date TPX _ Letter of Agency 1.0ustomer and Carrier Identification Current Carriers AT&T Contact Name Mike Feiner Title Info Services & Network Manager Company Legal Name (Customer) CITY OF SANTA ANA Service Street Address 220 S. DAISY AVE. City SANTA ANA State CA Zip 92703 Billing Street Address 20 Civic Center Plaza M77 City Santa Ana State CA Zip 92701 Other Company Names (DBA) 2. Billing Telephone Numbers This authorization covers all customer numbers associated with the Billing Telephone Numbers listed below: 714-973.9282 714.847.3300 3. Approval Kustomer Service Records To: Current Carriers) Listed Above. Subject: The Customer Identified above hereby authorizes TPx Communications to act as its agent In dealing with local companies listed above for the purpose of generating a proposal for TPx Service Change Q New Service I, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. i authorize TPx to act as our agent either to (1) change our telecommunications carrier from current carrier(s) or (2) Initiate new service Q Local Service IntraLATA (Local) Toll: Carrier: TPX Interl-ATA Long Distance Service: Carrier: TPX or ❑ I want to retain my existing LD carrier on some or all of my telephone numbers. Specify Intra and Intorl-ATA 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) InierLATA 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 Radcodinez @tyManager Contact Name Title customer signature Date v040117 S. PrImory Interexchange Carrier Selection Table Y040117 Letter of Agency 1.Customer and Carrier Identification Current Carriers AT&T Contact Name Mike Father Title Info Service & Network Manager Company Legal Name (Customer) CITY OF SANTA ANA Service Street Address 20 Civic Center Plaza City SANTA ANA State CA Zip 92701 Billing Street Address 20 Civic Center Plaza M77 City Santa Ana State CA ZIP 92701 Other Company Names (DBA) 2. Billing Telephone Numbers This authorization covers all customer numbers associated with the Billing Telephone Numbers listed below: 714.536.0880 714-647-50DD 714-847.5800 714-83 -3200 14-5721 714.847 700 714.541-1800 714.667.2200 Sl �� � 3, Approval I�'Customer Service Records To: Current Camer(s) Listed Above. Subject: The Customer Identified above hereby authorizes TPx Communications to act as its agent in dealing with local companies listed above for the purpose of generating a proposal for TPx El Service Change d New Service i, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. I authorize TPx to act as our agent either to (1) change our telecommunications carrier from current carrier(s) or (2) initiate new service Local Service p Intral-ATA (Local) Toil: Carrier: TPX InterLATA Long Distance Service: Carrier: TPX or ❑ 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) 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 IniraLATA 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 R out Inez City manager eriscl Name Title 76 Oustomer51 nature Data v040117 WOW TRX Letter of Agency 1.Customer and Carrier Identification Current Carriers Contact Name Mike Feiner Title Info Services & Network Manager Company Legal Name (Customer) CITY OF SANTA ANA Service Street Address 801 E CIVIC CENTER DR City SANTA ANA State CA Zip 92701 Billing Street Address 20 Civic Center Plaza M77 City Santa Ana State CA Zip 92701 Other Company Names (DBA) 2. Billing Telephone Numbers This authorization covers all customer numbers associated with the Billing Telephone Numbers listed below: 714.565.2600 714-56--0107 / 3. Approval CCustomer Service Records To: Current Camer(s) Listed Above. Subject: The Customer Identified above hereby authorizes TPx Communications to act as its agent in dealing with local companies listed above for the purpose of generating a proposal for TPx ET Service Change New Service 1, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. 1 authorize TPx to act as our agent either to (1) change our telecommunications carrier from current carrier(s) or (2) Initiate new service ❑+ Local Service IntraLATA (Local) Toll: .Carrier: TPX [j InterLATA Long Distance Service: Carrier: TPX or ❑ 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 1 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 It 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, Raul codlnez 4. Agreement City Manager, contact Name Title 3 q v'y. i- ✓�a Oustomer 8l natureµ r Date ve4e117 v040117 TRoX- Customer Contact Authority TPx Communications has an obligation, and Customer has aright, under federal or state law to protect the confidentiality of your customer Proprietary Network Information. (CPNI). CPNI includes information relating to the quantity, technical configuration, type, destination, location and amount of use of the services Customer purchases from TPx. You can help prevent unauthorized access to that Information by indicating below the parties authorized to access that information. Authority Levels: RMIA:.(,lead/Write/All) Grants full authority to request Information and place orders. Includes access to usage and network configuration. 88ED: (Read/Write/Hill) Grants authority to ask questions about billing Issues and request bill related changes. A/_W/O: (Read/Write/Ordars), Allows access to Information about the network configuration and Is authorized to place orders Including reconfigures, moves, adds, changes, new locations, etc. R/T: (Read/Troublet Can report trouble on accounts and receive network configuration information. Primary.Account Authority/Authorized Slanes Name Raul Godinez Title City Manager �_ Do not send marketing smalls Phone T7A-6475280 Cell Email rgondinez@santaana.org Authority Level: RWA RWB RWO _„RT Alternate Primary Account Authority Name Mike Feiner 1 Title IT InBaslmslUre Manager _ Do not send marketing smalls Phone 7146475384 Cell Email mfelner@sante-ana.org Authority Level: ! RWA . RWB RWO .._ RT Agent Contact Company Name Name Title Phone Cell Emall Duration. . �. This Installation only _.,' Term of contract AU1h0111 LBVBI: RWA RWBRWO _ RT Voice Vendor Company Name Name Title Phone Cell Email Duration: This installation only ._ Term of contract Authority Level; RWA RWB —"; RWO-....", RT Data Vendor Company Name Name Title Phone Cell Email Duration: '- This Installation only Term IT kdRdafcture Manager Authority LBVs4714) 8475984 _RWA _'. RWB __ 0.W0 _ RT MFetner@Santa-ana.org 71 grant permission to TPx to provide access to CPNI to the authorized account contacts listed above subject to designated level of authority" Company Legal Name: Printed Name: Authorized Signature: voaota7 CITY OF SANTA ANA r Email: Scan signed documents and send to customers Account Number: 0 3VZt/le Raul Codinez II City Manager