HomeMy WebLinkAboutC-5527 - Voice, Data and Integrated Service Level Agreement (SLA)ADDENDUM TO
TELECOMMUNICATIONS ACCOUNT AGREEMENT
This Addendum to Telecommunications Account Agreement ("Addendum") is made as
of the 10th day of May 2013, by and between U.S. TelePacific Corp., a California
1 corporation, dba, TelePacific Communications, 515 S. Flower Street, 47th Floor, Los
Angeles, CA 90071-2201 ("TelePacific") and City of Newport Beach, a California
municipal corporation and charter city, with offices at 100 Civic Center Drive, Newport
Beach, CA 92660 ("Customer").
1. Based on the volume of Services purchased by Customer and the competitive
conditions in the marketplace for telecommunications services, TelePacific hereby agrees
to provide Services to Customer for a three (3) year Term for eleven (11) Service
Locations subject to the Terms and Conditions as modified by this Addendum as set forth
below. The eleven (11) Service Locations with related Services and pricing are listed in
Exhibit A attached hereto and incorporated herein by this reference.
2. Said Exhibit A is in lieu of eleven (11) separate Service Agreements and by
signing this Addendum, Customer is agreeing, as if signing eleven (11) separate Service
Agreements, to purchase the Services listed in Exhibit A for the Term under the terms of
the Agreement.
All of the other provisions of the Agreement shall remain in full force and effect.
U.S. TelePacific Corp.,
a California corporation
y:az
Name: C'+;Fj r ti i Ely
Title: s,*% p�
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: %
By:
Aar(n . Harp
City Attorneyfiz
..►
City of Newport Beach,
a California municipal corporation and
charter city
By:
Name: _Dave Kiff
Title: —City Manager
ATTEST:
Date: 1. )0. 1`3
By: o L ;. by�,
Leilani I. Brown
City Clerk
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N°
T1010parific
No credit allowance for service interruptions will be made under the following circumstances:
• Interruptions caused by the negligence of the customer.
• Interruptions of a service due to the failure of equipment or systems provided by the customer or others.
• Interruptions of a service during any period in which TelePacific does not have access to the premises where the
service is located.
• Interruptions of a service when the customer has released the service to TelePacific for maintenance purposes, to
make rearrangements or for the implementation of an order for a change in the service during the time period that
was negotiated with the customer prior to the release of that service.
• Interruptions of service that are planned service interruptions. A planned service interruption is a service
interruption that is required to facilitate network maintenance or upgrades. TelePacific shall use reasonable efforts
to notify the customer one week in advance when a planned service interruption is scheduled to take place. In
the event an emergency should arise, TelePacific will attempt to notify the customer of a planned service
interruption as far in advance as possible
• Interruptions of service when the customer elects not to release the service for testing and /or repair and continues
to use it on an impaired basis.
• Interruptions caused by or related to labor difficulties, governmental orders, civil commotions, acts of terrorism,
criminal actions taken against TelePacific, acts of God and other circumstances beyond TelePacific's reasonable
control.
• Interruptions of service during periods of temporary discontinuance of service as specified in TelePacific's
applicable tariffs.
020409 Page 1 of 2
TelePacific Communications -Voice, Data and Integrated
Service Level Agreement (SLA)
1. General
TelePacific Communications is committed to providing its customers with the highest quality voice, integrated and data
services. As a result, TelePacific will guarantee network service levels, for the following categories, if applicable to
services purchased: Network Availability Guarantee, Mean Time to Repair (MTTR) Guarantee, Latency Guarantee,
Packet Loss Guarantee and Jitter Guarantee. These guarantees apply to those services that utilize TelePacific's network
1
of T1, DS3 and Ethernet based services for its voice, integrated and /or data including those services described in Section
l
3 below. For integrated services the SLA will only apply to the service affected by the impairment.
1
r--.
TelePacific service is interrupted when it becomes unusable to the Customer because of failure of the TelePacific network
\�
or facility component used to provide service under this agreement. An interruption period begins when an inoperative
service is reported to TelePacific and the service is released for testing and repair and ends when the service is operative.
2. Service Credit Claim Procedure and Limitations
The customer must initiate the service credit claim within 45 business days after the end of the month during or for which
the event occurred. TelePacific will take all measures it deems appropriate to investigate reported failures. In no event
shall the combined credits for the guarantees listed above, separately or combined with any other service credit claims
against TelePacific, exceed in any month the total monthly recurring charge owed by the customer for the service in that
month. No more than one service credit allowance shall be provided to a customer for an outage or interruption in service
from a single or the same occurrence.
No credit allowance for service interruptions will be made under the following circumstances:
• Interruptions caused by the negligence of the customer.
• Interruptions of a service due to the failure of equipment or systems provided by the customer or others.
• Interruptions of a service during any period in which TelePacific does not have access to the premises where the
service is located.
• Interruptions of a service when the customer has released the service to TelePacific for maintenance purposes, to
make rearrangements or for the implementation of an order for a change in the service during the time period that
was negotiated with the customer prior to the release of that service.
• Interruptions of service that are planned service interruptions. A planned service interruption is a service
interruption that is required to facilitate network maintenance or upgrades. TelePacific shall use reasonable efforts
to notify the customer one week in advance when a planned service interruption is scheduled to take place. In
the event an emergency should arise, TelePacific will attempt to notify the customer of a planned service
interruption as far in advance as possible
• Interruptions of service when the customer elects not to release the service for testing and /or repair and continues
to use it on an impaired basis.
• Interruptions caused by or related to labor difficulties, governmental orders, civil commotions, acts of terrorism,
criminal actions taken against TelePacific, acts of God and other circumstances beyond TelePacific's reasonable
control.
• Interruptions of service during periods of temporary discontinuance of service as specified in TelePacific's
applicable tariffs.
020409 Page 1 of 2
f IIT.Y M[ VfT dir44$
3. Guarantees for Voice, Integrated and Data T1, DS3 and Ethernet Services
SLA
Voice
Integrated
On net Data
OneNet
Extended
Roach
Services
Business
SmartVoice,
Internet T1,
Extended
Lines, PRI,
OnePac,
Fractional
Reach —
SuperTrunk
Flex. Mpower
Internet TI,
lower 48
Office
Bonded TI,
states.
DS3, Ethernet
International
OneNet IP
SLAs vary.
VPN
Dedicated
Internet
Access, and
Mpower
Connect
Demarc
TPAC network or facility component used to provide service
Network
99.999%
Availability
TelePacific Core Network
Time Interval
Calendar Month
Remedy
_
<4 hours $0
> =4 hours 1130d' MRC for each hour exceedin 4 hours
MTTR
4 hours
Local Access Circuit
Remedy
<4 hours $0
> =4 hours 1130h MRC for each hour exceedinq 4 hours
Latency
60 ms
60 ms
120 ms
Time Interval
Month
Calendar
Calendar
Month
Month
Remedy
1/30 MRC
1130th MRC
1134th MRC
per tms
per 1ms
per 1 ms
above 60ms
above 60ms
above 120ms
averse
averse
avers e
Packet Loss
<1%
<=I%
< -1%
Time Interval
Month
Calendar
Calendar
Month
Month
Remedy
1130th MRC
1 /30th MRC
1 /30th MRC
per lms
per 1% above
per 1%
above 1%
1%
above 1%
Jitter
ONet
ONet
services only
services only
COS i
COS i
< =5ms
< =7ms
COS 2 < =7
COS 2 < =14
ms
r
Time Interval
Calendar
Calendar
Month
I Month
Remedy
113e MRC
113r MRC
for each 2ms
for each 2ms
above SLA
above SLA
for one Class
for one Class
of Service
of Service
v120409 Page 2 of 2
— Toio ;�c�a e
Terms and Conditions Page O of 6 - _._- ..._ .............
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1. General
(a) These Terms 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,telepacific.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, 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.
(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.
(d) We reserve the right to provide Services to you via our choice of technology and to change the
manner in which we deliver Services at any time in our sole discretion provided the functionality of the
Service provided remains unaffected by the change.
2. Term, Billing, and Payment
(a) Effective Date. This Agreement is effective when it has been signed by both parties. 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 Terms 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
V100111
Terms and Conditions _ Pa e 2 of 6 k �.:..�p"
rY C MMLNIiX SlO N8
Term of any additional Services provided. See Section 4 of this Agreement for additional terms and
conditions applicable to terminations and Renewal Terms, including the rates during Renewal Terms.
(c) Billing. We will begin invoicing you for the Services after giving you notice that the Services are
available for your use and will continue invoicing you on a monthly basis until the Agreement is
terminated. We will bill monthly recurring charges in advance and usage charges after the usage occurs.
You are responsible for all sales, gross receipts, use, excise, and other federal, state and local taxes,
charges and assessments based on your use of the Services, which will be separately listed on each
invoice along with any fees or surcharges applicable to the Services.
(d) Payment. Invoices are due and payable upon presentation, and become past due after the Pay By
Date printed on the invoice. if you have a bona fide dispute with any of the amounts on the invoice
( "Disputed Amount'), you shall pay all amounts not in dispute by the Pay By Date and provide us with a
written request for a billing adjustment, together with all supporting documentation. If we agree to adjust
all or a portion of the Disputed Amount, you will not be obligated to pay a late payment charge on the
adjusted amount. If you fail to pay all non - Disputed charges on our invoice by the Pay By Date, we may
impose a late payment charge of 1.5% per month or the maximum rate allowed by law, whichever Is less,
on the unpaid balance until the amount is paid. An additional charge will apply to each returned check.
3. Your Obligations
(a) Our Property. Any equipment installed at your premises by us or shipped to you by TelePacific or our
authorized third party vendor remains our personal property, and nothing contained in this Agreement
shall give or convey to you any right, title or interest in such equipment. You agree not to interfere with or
damage the equipment and you agree to reimburse us for any loss or damage that is caused by your
intentional or negligent acts or by the intentional or negligent acts of your agents, employees, authorized
users or representatives. You will allow us to promptly remove the equipment from your premises or you
will promptly return the equipment to us upon termination of the Services for which the equipment was
used.
(b) Building Access. You shall obtain all necessary approvals, applicable permits and/or use fees to be
attained, if any, for full access by us prior to installation of Service and while Service is provided.
(c) 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,
(d) 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.teleoacific.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.
(e) Third -Party Obligations. You are responsible to pay any third -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).
(f) Network Security. You acknowledge that it is your responsibility to take whatever actions you deem
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.
r ii
Terms and Conditions Page 3 of 6 ToIcae
LIIMMUNYCAY)4NS
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 thirty (30) 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 riot 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 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.
(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 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. 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.
(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 - sections, shall survive any termination or
expiration of this Agreement.
5. Warranty Disclaimer, Limitation of Liability and Indemnity
(a) WARRANTY DISCLAIMER. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY
PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS,
OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF
SERVICES UNDER THIS AGREEMENT (INCLUDING ANY SERVICE IMPLEMENTATION
DELAYS /FAILURES), UNDER ANY THEORY INCLUDING WITHOUT LIMITATION TORT, CONTRACT,
WARRANTY, STATUTE, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN
v100111
Terms and Conditions Page 4 of 6 =oTelepaciffe
MM�Hr a; ONs
ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED. WE
SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR TITLE OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS.
(b) Credit Allowances for Interruption of Service. If an interruption or failure of Service is caused by us
and not by you or any third party or other causes beyond our reasonable control, you may be entitled to a
credit allowance not to exceed an amount equivalent to the proportionate charge to you for the affected
Service for the time period during which the interruption occurred. The steps you must take to apply for
credits are available on our website at www.telepacific.com. We shall not be liable for any act or omission
of any other entity furnishing you with facilities or equipment used with the Services, nor shall we be liable
for any damages or losses due in whole or in part to your fault or negligence or due in whole or in part to
the failure of equipment or facilities that you provide.
(c) LIMITATION OF LIABILITY. NOTWITHSTANDING THE PROVISIONS OF SUB - SECTION (a) OF
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 negligent 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 negligent 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. Any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange, State of California.
(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, riots, 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.
(e) Entire Agreement and Modifications. This Agreement and all other documents specifically referred to
V100111
1- Telopecific
Terms and Conditions Page 5 of 6
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 all 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 by both your and our duly authorized
representatives, and approve as to form by the city attorney.
(f) Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court or
administrative agency with jurisdiction over the Services, such provision shall be deemed amended to the
minimum extent necessary to render it enforceable.
(g) Headings. The headings used in this Agreement are for convenience only and do not in any way limit
or otherwise affect the meaning of any of the terms.
(h) Waiver. Under no circumstances shall our failure to enforce any provision of this Agreement in any
particular instance be construed as a waiver of that provision.
(i) Notices. All notices from you to us must be in writing and delivered by certified mail, return receipt
requested or by Federal Express or other similar expedited delivery service to: U.S. TelePacific Corp.,
Attn. General Counsel, 515 S. Flower Street, 47'h Floor, Los Angeles, CA 90071 -2201, if you are
notifying us that you do not wish to renew Services, your written notice may be by a letter delivered in that
manner or by an email to: retention(a),telepacific.com .
(k) Claims. Unless a shorter time is specified elsewhere in this Agreement, before making its final request
for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation
under or arising out of the Agreement. Consultant's acceptance of the final payment shall constitute a
waiver of all claims for compensation under or arising out of this Agreement except those previously
made in writing and identified by Consultant in writing as unsettled at the time of its final request for
payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth
in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict
conformance with the Government Claims Act (Government Codes sections 900 of seq.).
7. Service Guarantee
Notwithstanding anything to the contrary contained in this Agreement, you may terminate this Agreement
without any further obligation if the Services we provide are not substantially performing up to industry
standards during the first 90 days the Services are available for your use. If you elect to terminate the
Agreement pursuant to this guarantee, we will reimburse you for all reasonable costs you incurred to re-
establish service with your previous service provider not to exceed the amount that you paid to us for
installation of the Services. This Service Guarantee only applies if; (a) the cause of the Service
deficiency was within our reasonable control; (b) you ordered at least the amount of Services that we
recommended to meet your traffic volumes; (c) you give us written notice of the deficiency within the first
90 days after we notified you the Services are available for your use, and (d) we fail to correct the Service
deficiency within 15 days after receiving written notice from you of the deficiency.
V100111
Te%Parme
M b1
Terms and Conditions Page 6 of 660-12h 6 0 U N -E A r, o N5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written
below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By
Aar r . Harp
City Attorney��
ATTEST: 7- `l�
Date:
�
By: Qu
A-
I. Brown
City Clerk
�2
&c1��P
I-1 FOR
v100111
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: c
Dave
City Manager
CONTRACTOR: U.S. Telepacific Corp, a
California corporation DBA Telepacific
Communications
Date: 6,--29-13
By: l VA -
Name: N, -4,L, -s
Title:
Date:T2i3
By:
Name: 4;,->�G
Title: S;�),,!,
OneNet
100 Civic
Newport
50 Mbps One Net &
Continuity
1 Net
223703- 021413
City Hall -Main
Center Dr
Beach
CA
92660
Internet
w /EoFW 6M
No
continuity
No
$
2,208
Newport
1 Net
227608 - 032013
Fire Station 4
126 Marine Ave
Beach
CA
92661
3.0 mbps One Net
3g failover
No
continuity
No
$
555
100 E. Balboa
Newport
1 Net
227609- 032013
Fire Station 1
Blvd.
Beach
CA
92661
3.0 mbps One Net
3g failover
No
continuity
No
$
555
Fire Station 5/ CDM
Corona
227680 - 032113
Branch Library
410 Marigold Ave
Del Mar
CA
92625
3.0 mbps One Net
No
n/a
No
$
475
Newport
227611- 032113
General Services Yard
592 Superior Ave
Beach
CA
92663
3.0 mbps One Net
Yes
n/a
No
$
400
Newport
227688 - 032113
Utilities Yard
949 W. 16th St.
Beach
CA
92663
3.0 mbps One Net
Yes
n/a
No
$
400
Newport
227690 - 032113
Junior Lifeguard Station
106 Main St.
Beach
CA
92661
3.0 mbps One Net
No
n/a
INo
$
475
829 Harbor Island
Newport
227691- 032113
Harbor Resources
Dr.
Beach
CA
92660
3.0 mbps One Net
No
n/a
No
$
475
Corona
1 Net
227699 - 032113
Community Youth Center
3000 5th Ave.
Del Mar
CA
92625
3.0 mbps One Net
3g failover
No
continuity
No
$
555
Newport
227703 - 032113
Lifeguard HO
70 Newport Pier
Beach
CA
92663
3.0 mbps One Net
No
n/a
No
$
475
Newport
1 Net
227708- 032113
Mariners
1300 Irvine Ave
Beach
CA
92660
3.0 mbps One Net
3g failover
Yes
continuity
No
1 $
480
5 free mifi devices
included
Total
1 $
7,053
Xy
[b.V i14.1 /tT 1 /PM1'R
Customer Contact Authority
Telepacific is committed to protecting the proprietary information (CPNI) you have entrusted to us. personal to FCC
talcs, effective 121812007, wv have implemented policies and procedures designed to better protect your network
information against unauthorized access. Please assist us by providing complete contact 'information for parties
authorized to receive information regarding your account.
9 grant permission to Teteraciso to provide Information to the following Individuals for the purpose of servicing my
felecommunlainh ns account, hkiioing: the review of network, service, and Wrap, rewards; nagogation of seMCe
changes; sad msohnion of nehv&k and b7drng Issues that may arise or my account. lden&hed below are authorized
account contacts Ord look respective authodry 10"I far each Vilartzeltoad area within my company.'
Account Number:
Printed Name:
Title: Date:
Authorized Signature:
Authority Lovchr
R8yrA' (9md&Vdre1M This contact has full authority to request information and place orders on all aspects of the
account including bill usage and network configuration,
it— l5Vff3: (R— Md—fW-d d18111} !Its contact has the authority to ask questions about billing issues and request bill related
changes on theaccou it such as the billing address.
R11Vf6: 1ReadRVriieiOrdgW This contact can receive information about the network configuration on an amount
including It= type, coast, and physical and data configuration. This contact is authorized to place orders on the account
Including reconfigures, moves, adds, changes, new locations, cue,
HLQLjRwALQajy}' This type of contact is allowed to request and receive 'Information regarding bills, network
configuration, and orders, but is not authorized to make changes an accounts or orders.
R0 f L"dffrouble) This authority level is allowed to report trouble on accounts, receive netamrk configuration
information in support of resolving trouble on the account.
Note: TelePaeific may send entails to inform customers of other related services and other information. Telepacific does
not sell personal information and personal infonuation is not given to a third patty unless authorized by the customer in
writing or required pursuant to contracts authorized by law.
ACCOUNT CONTACTS:
PRIMARY ACCOUNT AUTHORITY/ AUTHORIZED SIGNEE ❑ Do not send marketing email
Name Dave MIT —_ --
Title City Nfannar ___._.,.._.._
Phone 9496443001
Celt ,__..._.._....._....
Email dkillamewportbeaehca,gov _
i, Fax ---- __w...,......,....,... --_— _
AuthLevel RWA RWB RWO RO R`f
( cirie appropriate authorization level)
ALTERNATE PRIMARY ACCOUNT AUTHORITY
Do not send marketing email
Name gob Houston
Title Assistaat to the City rilanagerR.T.
Phone 9496443033 —
Cell
Email rhoustonRnew op rtbeachca,gov _— --
Fax
Auth Level RWA RWB RWO RO RT
(clue appropriate authorization level)
ACCOUNT BILLING CONTACT
Do not send marketing email
Name Rob Houston
Title Assistant to
Phone 9496443033
Cell
Email rttoustan a nettPartbeachca.gov
Fax
Auth Level RWA RWB RWO RO RT
(chle appropriate authorization level)
v520409 Page t of 2
ONECENTRAL CONTACT
❑ Do not send marketing email
Name Rob Houston
Title
Phone 9496443088
Cell
Email
Fax
Auth Level RWA RWB RWO RO RT
(cirle appropriate authorization level)
MAIN TECHNICAL CONTACT
❑ Do not send marketing email
Name Rob Houston
—, _ ---- ......
Title LT. A' no C M
a "
Phone 9496443033
Cell
Email rl
Fax
Auth Level RWA RWB RWO RO RT
(elde appropriate authorization level)
AFTER HOURS CONTACT
ALTERNATE TECHNICAL CONTACT
❑ Do not send marketing email
Name
Title
Phone
Ceil
Email
Fax
Auth Level RWA RWB RWO RO RT
(cirle appropriate authorization level)
MAIN DATA CONTACT/LAN ADMINISTRATOR
❑ Do not send marketing email
Name _Alike_WV&Iechowskl
Title I.T. Operations Super visor
Phone 9496443088
Cell
Email
Fax
Auth Level RWA RWB RWO RO RT
(cirle appropriate authorization level)
ORDER CONTACTS:
ORDER PROVISIONING CONTA
❑ same as Main Tech Cont❑ Do not send marketing email
IPRIMARY
Name
Title
Phone
Cell
Email
Fax
Auth Level RWA RWB RWO RO RT
GWiW
(c4le, appropriate authorizWU %;W)
ALTERNATE ORDER PROVISIONING CONTACT ❑ Do not send marketing email
Name
Title
Phone
Cell
Email
Fax
Auth Level RWA RWB RWO RO RT
(title appropriate authorization Ievei)
AFTER HOURS CONTACT
❑ Do not send marketing email
Name
Tille
Phone
Cell
Email
Fax
Auth Level RWA RWB RWO RO RT
(dria appropriate authorization
Mail: TelePacific Communications, Attn: Customer Cue, 3485 Brookside Dr. Suite 102, Stockton, CA 95219
Entail; Scan signed documents and send to: customerservice0telepacific,ret Fax: 866-891-2088 Initial L___J
020409 Page 2 of 2
ea.v ucrav c.t- rrvrrs
Telecommunications Account Agreement (TAA)
Must Accompany TalePaclftc Terms and Conditions
This Telecommunications Account Agreement (referred to as "Agreement' or'TAA °) Is made by and between U.S. Telepacifle Corp„ a California
corporation, dba TeloPacil c Communications ("TelePacific ", also referred to as "our, us, we "), having its principal place of business at 515 S. Flower
Street, 47th Floor, Los Angeles, CA 90071 -2291 and the Customer described below ( "Customer' also referred to as "you, f'), pursuant to the
TelePacificTerms and Conditions which are included In summary.
Section 1 Company Information
Company legal Name (Individual if Sole Proprietorship The Ctty_of New art Beach
Doing Business As (DBA) City Hal{ _.
Legal Composition: __Corporation _..... Sole Proprietorship
Officer/Owner Name & Tide
Officer /Owner Name & TlUe
m- General Partnership _ _. LLP _ _ LLC State Organized:
Main Service Address: 100 Civic Center Dr.
City NEti'PORT BEACH �. State CA TIP Code 42660 µ
Billing Address (If different): 100 Civic Center Dr,
city
v120409
State PA ZIP Code
Section 2 Terms and Conditions Summary
This Agreement you are signing with TeleP elfic Communications includes the Terms and Conditions set forth on our
website at ynw+leleoacific.pgr6(NEVJ €erms, which are Incorporated by this reference Into the Agreement. Please refer to
our website 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.
4. General - Thts section defines the Services for which you are contracting, 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. Teri, Billing and Payment -This section covers when the Agreement becomes effective, when the Term 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, Man 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 come 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 e party vendor charges and to arrange for disconnection and payment of charges related to the
disconnection of any related services with your current camer(s).
4. Termination - This section states the rights and duties related to termination of Services or the Agreement, the
renewal of the Term, 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 fie
Agreement before the end of a Term and how It Is calculated.
confirmed on page 2
Section 2 Terms and Conditions Summary, continued
S. 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.
fi. 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 a legal 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.
Section 3 Acceptance
�{ tfti(-?I BY PLACING YOUR INITIALS IN THE SPACE PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND
AGREED TO THE PULL TERMS AND CONDITIONS SET FORTH ON
EE
THE DATE ENTERED BY YOU BELOW AT www.hdepacIfIc.rmmiNE Wterms.
TetePacific 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 TelePaclfids minimum requirements. This agreement shall become a binding contract upon execution by Customer and
TelePacific
Agreed By, Customer Signature
Customer Name (Print)
Agreed By, Sates Manager Signature
v120409
Date
Title
Phone
Date
c u,a cru•rrw rrn N.r
TelePaciffc Communications - Voice, Data and Integrated
Service Level Agreement (SLA)
1. General
TolePaclfic Communications is committed to providing its customers with the highest quality voice, integrated and data
services, As a result, TelaPacific will guarantee network service levels, for the following categories, if applicable to
services purchased: Network Availability Guarantee, Mean Time to Repair (MTTR) Guarantee, Latency Guarantee,
Packet Loss Guarantee and Jitter Guarantee. These guarantees apply to those services that utilize TelePacific's network
of TI, 0S3 and Ethernet based services for its voice, integrated andtor data including those services described In Section
3 below. For integrated services the SLA will only apply to the service affected by the impairment.
TelePacific service is Interrupted when it becomes unusable to the Customer because of failure of the TelaPacific network
or facility component used to provide service under this agreement. An interruption period begins when an inoperative
service Is reported to TelaPacific and the service is released for testing and repair and ends when the service is operative.
2. Service Credit Claim Procedure and Limitations
The customer must initials the service credit clairn within 45 business days after the end of the month during or for which
the event occurred. TolePac'rfic will take all measures it deems appropriate to investigate reported failures. In no event
shall the combined credits for the guarantees listed above, separately or combined with any other service credit claims
against TelePaclffc, exceed in any month the total monthly recurring charge owed by the customer for the service in that
month. No more than one service credit allowance shall be provided to a customer for an outage or interruption in service
from a single or the same occurrence.
No credit allowance for service Interruptions will be made under the following circumstances:
Interruptions caused by the negligence of the customer.
• interruptions of a service due to the failure of equipment or systems provided by the customer or others.
• Interruptions of a service during any period In which TelaPacific does not have access to the premises where the
service is located.
• Interruptions of a service when the customer has released the service to TelaPacific for maintenance purposes, to
make rearrangements or for the implementation of an order for a change In the service during the time period that
was negotiated with the customer prior to the release of that service,
• Interruptions of service that are planned service interruptions. A planned service Interruption is a service
Interruption that is required to facilitate network maintenance or upgrades. TelePaciffc shall use reasonable efforts
to notify the customer one week in advance when a planned service interruption is scheduled to take place. in
the event an emergency should arise, TolePaciftc will attempt to notify the customer of a planned service
Interruption as far in advance as possible
• Interruptions of service when the customer elects not to release the service for testing and /or repair and continues
to use it on an impaired basis,
• Interruptions caused by or related to labor difficulties, governmental orders, civil commotion, sots of terrorism,
criminal actions taken against TelaPacific, acts of God and other circumstances beyond TelePaciffes reasonable
control.
• Interruptions of service during periods of temporary discontinuance of service as specified in TelePaclfic's
applicable tariffs.
020408 Page 1 of 2
c- asivu.vicw�rorr
�. 3. Guarantees for Voice, Integrated and Data T1, DS3 and Ethernet Services
SLA
Voice
Integrated
On net Data
OnoNet
Extended
Reach
Services
Business
Sma0voice,
Internet Tl,
_
Extended
Lines, PRi,
OnePac,
Fractional
Reach —
SuperTmnk
Flex, Mpower
Internet Ti,
lower48
Office
Bonded Ti,
slates.
DS3, Ethernet
International
OneNel IP
SLAs vary.
VPN
Dedicated
Internet
Access, and
Mpovrer
Connect
Demarc
TPAC network or facility component used to provide service
Network
99.999%
Availability
TelePaclflc Core Network
Time Interval
Calendar Month
Remedy
<4 hours $0
> =4 hours 1131P MRC for each hour exceedin 4 hours
MTTR
4 hours
Local Access Circuit
Remedy
<4 hours $0
> =4 hours 1130' MRC for each hour exceedin 4 hours
Latent
60 ms
60 ms
120 ms
Timo Interval
Month
Calendar
Calendar
Month
Month
Remedy
1130 MRC
1130th MRC
11301h MRC
per lms
per tms
per 1 ms
above e0ms
above 60ms
above 120ms
averse
averse
avers a
Packet Loss
0%
< =1%
< =t%
Tlme Interval
Month
Calendar
Calendar
Month
Month
Remedy
11301h MRC
1 /30 €h MRC
1130th MRC
per tms
per 1% above
per 1%
above 1%
1%
above 1%
Jitter
ONet
ONet
services only
services only
COS 1
COS 1
< =5ms
< =7ms
COS 2 r_7
COS 2 < =14
ms
I ms
Time Interval
Calendar
Calendar
Month
Month
Remedy
113r MRC
We MRC
for each 2ms
for each 2ms
above SLA
above SLA
for one Class
for one Class
of Service
of Service
020409 Page 2 of 2
Order: 223703- 421413
The City of Newport Beach
4 nnr er c,n rrn rrnms
In addition to the Terms and Conditions to which Customer has agreed on the TAA, Customer and TelePacific
agree to amend and modify the Terms and Conditions of the TAA as follows:
CUSTOMER NOTICE AND ACKNOWLEDGEMENT
OF 911 AND E911 SERVICE LIMITATIONS ADDENDUM TO
TELECOMMUNICATIONS ACCOUNT AGREEMENT
SmartVoice 911 or E -911 emergency services differ from traditional emergency services in
several important ways described below. Carefully read this Notice and Acknowledgement of 911
and E911 Service Limitations Addendum to understand the differences and how your ability to
access 911 and E911 services may be affected.
Registered Location / Address Information
SmartVoice 911 and E -911 include features that will transmit your telephone number and address
Information for the physical location where the SmartVoice services have been delivered. When
you dial 911, this call will be routed to the applicable Public Safety Answering Point (PSAP) for
the registered location for emergency support.
If you use a Private Network or MPLS services to extend the use of this service to users that are
physically located at another address, you are responsible in a timely manner for providing
TelePacific with the physical locations where every Telephone Number (TN) will be used. If this
information is not provided to TetePaciFc, emergency services cannot accurately track your
location through TelePaciflc's system. It is your responsibility to notify TelePacitic of any address
changes for any of your TNs.
Number Outpulsed
Emergency 911 and E -911 services use the Outbound Caller ID to route the call to the correct
PSAP along with the address information In the database. It is Imperative that the correct Caller
tD is sent that corresponds to the physical location maintained in the database. End user
telephones and numbers can be easily moved by you to new locations and the caller ID modified.
It is your responsibility, through your telecommunications vendor, if required, to verify your
Customer Premises Equipment (CPE) is capable of outpulsing the correct number for the physical
location in the database for every 911 call.
Updating Location Records
It Is imperative that you notify TelePacific each time you change a physical location where you
use a telephone number on your SmartVoice service. When you request a change to your
location records, it may take a few days for your location change to be reflected In our records.
During that time, you may not be able to reach the correct emergency services provider by calling
911 with your service. You must have an alternate means of contacting 911 services during this
time. You will be notified when your new TN location record changes are completed.
Powar Outage
In the event of a power outage, your integrated Access Device (tAD) may also lose power
causing a loss of voice and data service, including your ability to place 911 cans. Once power Is
rastered, you may be required to reset or re- configure your equipment before you are able to use
TelePacific services to contact 911. You are responsible for providing an uninterruptibie backup
power supply to ensure uninterrupted operation of this equipment in the event of a power outage.
This might Include, for example, a UPS Battery Back -up system or back -up generator which is
monitored and kept operational at all fames.
Disconnect f Outage
If you have a service outage due to a suspension of your account for non- payment or for any
other reason, you will not be able to use the service for any calls, Including calls for emergency
service or 911.
v120409 Page 1 of 4 initial I I
Order: 223703-021413
The City of Newport Beach 'r` ca .x it
xv
ii�re,r rranx
In addition to the Terms and Conditions to which Customer has agreed on the TAA, CuMmer and TelePacific
agree to amend and modify the Terms and Conditions of the TAA as follows:
Service / Network Congestion
It Is possible that network congestion or an overflow of traffic on your services may cause problems
or delays in placing emergency 911 calls.
Disclaimer of Liability and indemnification.
We do not have any control over whether, or the manner in which, calls using our 911 Dialing
service are answered or addressed by any local emergency response center. We disclaim all
responsibility for the conduct of local emergency response centers and the national emergency
calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency
response centers and to a national emergency calling center. We disclaim any and all liability or
responsibility in the event such third party data used to route calls is incorrect or yields an erroneous
result. NEITHER TELEPACIFIC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY
WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING
TO OUR 911 DIALING SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE
FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. You shall
defend, indemnify, and hold harmless TelePacific, its officers, directors, employees, affiliates and
agents and any other service provider who furnishes services to you in connection with the Service,
from any and all claims, losses, damages, fines, penalties, costs and expenses {including, without
limitation, attorneys' fees} by, or on behalf of, you or any third party relating to the absence, failure or
outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability
of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
Customer Information
You agree to provide TelePacific with accurate and timely information on the address of your service
location, current contact information, and all end -user addresses corresponding to all of your
telephone numbers served by TelePacific. You agree to update this information each time the
Information changes and shall provide TalePactfrc with written notification prior to Implementing any
moves, adds or changes to your telephone numbers. Failure to provide such Information in a timely
manner can severely impair your access to emergency 911 services.
Remote Users
TelePacific provides no quality of service guarantee, including those provided In the TelePacific,
Service Level Agreement (SLA) available on TelePaoifrc'a webaite: www.insideteleaacific.com, for
remote usage applications.
If you are not comfortable with the 911 service limitations and requirements stated herein, we
suggest you secure alternative means to call 911 or otherwise obtain emergency services, such as
through a traditional telephone line.
I AGREE TO NOTIFY TELEPACIFIC OF ANY CHANGES TO THE SERVICE LOCATION AND
CONTACT INFORMATION PROVIDED TO ALLOW THEM TO MAINTAIN ACCURATE RECORDS
AT ALL TIMES. I UNDERSTAND THAT NOT FOLLOWING THESE REQUIREMETNS MAY
RESULT IN AN ADDITIONAL $125.00 FEE ASSESSED FOR EACH 911 CALL PLACED FROM A
LOCATION NOT PROPERLY DOCUMENTED IN THE DATABASE.
FINALLY, I ACKNOWLEDGE THAT USE OF THIS PHONE SERVICE AT A NON - REGISTERED
LOCATION OR, FAILURE TO PROVIDE UPDATED INFORMATION TO TELEPACIFIC THAT
RESULTS IN INACCURATE DATABASE RECORDS, CAN CAUSE 911 CALLS TO BE ROUTED
TO AN INCORRECT PSAP THAT CANNOT PROVIDE EMERGENCY SUPPORT TO YOUR
LOCATION.
020409 Page 2 of 4 initial k_t
Order: 223743 - 021413
The City of Newport Beach;v ?�I®
LOI(ltUh'lLAIIONY
In addition to the Terms and Conditions to which Customer has agreed on the TAA, Cu`sMmer and TelePacific
agree to amend and modify the Terms and Conditions of the TAA as follows:
I have read and understand the above information regarding the limitations on the 911 and E911
emergency services available through TetePecific SmartVoice and /of other VoIP services
Company Name
By:
Name:
Title:
Date
020409 Page 3 of 4 Initial ( —)
Letter Of Agency
1. Customer and Carrier Identification
Current Camers
Contact Name and Title Dave I(If f
Company Legal Name (Customer The City at Newport Beach
Service Address (StreatrCitylStat00p) 100 Civic Center Dr. - NEWPORT BEACAS CA 92660 !:
Billing Address (StreettCitylStatelZip) 100 Civic Center Dr NEWPORT REACH, 92660 _
..........__._, v _... _.r_.. ..___.. . _ . ...._.__ _ . _..,..._._ . ,
Other Company Names (DBA)
2. Billing Telephone Numbers
This authorization covers all customer numbers associated with the Billing Telephone #s listed below:
Customer Service Records 3. Approval
To: Current Carrier(s) Listed Above.
Subject: The Customer Identified above hereby authorizes TeiePacific Communications to act as its
agent in dealing with local companies listed above for the purpose or generating a proposal for
TelePacific Communications
service change
[�
Now service
1, the undersigned, act on behalf of the company with respect to the telephone number(s) listed above. i
authorize TelePaciflc Communications to act as our agent either to (1) change our telecommunications
carrier from current carder(s) or (2) initiate new service,
Local Service
IntraLataToll: Carrier: .__
E] Interl-ata Long Distance Service: Carrier:
or
i want to retain my epsting LD carder on some or all of my telephone numbers.
i specify Intra and Intert.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) 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 andtor tnterLATA long distance calls except by using casual dialing. I understand
that any change in my primary carrier selection may involve a charge.
(4) Agreement
Contact Name Title
Customer Signature Date
020409