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Home My WebLink AboutAT and T; 2015-12-17;ATTACHMENT11TOCALNET3STATEWIDECONTRACT (IFB STPD 12-001-A, CJ-A-12-10-TS-Ol), (Subcategory 1.2.2.s.1~ INDIVIDUAL PRICE REDUCTION NOTIFICATION IPR_0294 The State of California ("State") and AT&T Corp (''AT&T" or "Contractor", CALNET 3 Statewide Contract IFB STPD 12-001-A, C3-A-12-I 0-TS-01) have entered into CALNET 3 Statewide Contract (IFB STPD 12-001-A, C3-A-12-IO-TS-0l)("Contract") for rjMPLS PORTTRANSPORT SPEEDS 1.2.2.8.il) dated November 15, 2013. All te1ms and conditions (including Definitions) set forth in the Contract are incorporated herein by reference. This Individual Price Reduction Notification (IPRN) document provides notice to the California Depa1tment of Technology, CALNET Telecommunications Program of the Service{s), location(s) and Individual Price Reduction (IPR) Service rate(s) offered by Contractor for the listed Agency as specified below. The lPR Service rate(s) specified below shall become effective upon approval of this IPRN by OTech/STND, unless otherwise noted in this !PRN document, subject to the conditions provided in the Contract (see IFB Section A.7 lndividual Pricing Reductions (IPR) and Statement of Work, Appendix C Special Terms and Conditions -Telecommunications, Section N of the referenced Contract) and herein below: CITY OF CARLSBAD("Agency") desires to purchase and the Contractor agrees to provide the following Service(s) available pursuant to Subcategory MPLS PORT TRANSPORT SPEEDS 1.2.2.81 at the location(s) and reduced rate(s) set forth below: Description of Contract Service(s): MPLS PORT TRANSPORT SPEEDS 1.2.2.8.1 IPR Service rate(s): 1.2.2.8.1 MPLS PORT TRANSPORT SPEEDS Feature Name Contractor's Product Current Proposed Identifier Contract IPR Price/NRC Price/NRC NBFW BANDWIDTH 400M. I NF045 I [ a I :o i Insert Subcategory Section Number and Name If more than one Section Number ' Feature Name Contractor's Current Proposed Product Contract IPR Identifier Price/NRC Pricc/NRC N/A I I I l I I *Monthly recurring rates include administrative fee. Location(s) (service address(es)) where reduced rate(s) apply: • Rev.January 15, 2015 Current Proposed Contract IPR PriceJMRC• Price/MRO 1$27 ,562.25 1$8268.68'. Current Proposed Contract IPR Pricc/MRC* Price/MRC* I Amendment #2 1635 Faraday AVE, CA 92008 1775 Dove Lane, CA 92011 1200 Carlsbad Village, CA 92008 5950 El Camino Real, CA 92008 6565 Alicante, CA 92009 2560 Orion, CA 92010 405 Oak Ave, CA 92008 3368 Eureka Pl, CA 92008 799 Pine, CA 92008 3096 Harding, CA 92008 1275 Carlsbad Village, CA 92008 1906 Arenal Rd, CA 92009 6886 Batlqultos, CA 92011 7201 Rancho Santa Fe Rd, CA 92009 3401 Monroe St, CA 92008 6200 Flying Leo Carrillo Lane, CA 92009 2997 Glasgow Dr, CA 92010 3420 Camino Los Caches, CA 92009 IPR_0294 Re(Juestcd effective date of rate reduction(s): [The rate will become effective the 1st day of the month after receipt of this fully executed IPR Expiration date: Calnet 3 TERM, Tcr·mination liability: STANDARD Use additional pages as necessary and attach to the IPRN document. Set forth below are Contract provisions that apply to the IPR process: A.7 INDIVIDUAL PRICING REDUCTIONS (IPR) A.7.1 IPR GENERAL PROVISIONS Contractor may enter into price negotiations with CALNET 3 Customers. These price negotiations allow Contractor to reduce prices: a) on one ( l) or more service(s); b) for one ( () or more Customers at a time; and/or c) by geographic area or location(s). CALNET 3 allows for Rev. January 15, 2015 Amendment #2 IPR_0294 three (3) different Individual Price Reduction ([PR) scenarios: Standard IPR, Duration IPR, and Non-Exemption IPR. The following general provisions apply to all IP Rs: I. Contractor shall submit to CALN ET 3 CMO an electronic copy of an MS Excel document consisting of an analysis of current Contract pricing and proposed IPR pricing; 2. The following infonnation and the data fields shall appear as columns on the MS Excel document in the order specified below: a. Catego1y; b. Subcategory; c. Feature Name; d. Product Identifier; e. Customer NRC; f. Proposed IPR Cust'!mer NRC; g. IPR Percentage Discount for NRC; h. Customer MRC; i. Proposed IPR Customer MRC; j. IPR Percentage Discount for MRC; k. Term IPR YIN; I. Term [PR Competitor's Ptice NRC; and, m. Term IPR Competitor's Price MRC. 3. CALNET 3 CMO has final approval authority for all IPRs. An IPR shall not be implemented until approved in writing by CALNET 3 CMO. An IPR becomes effective on the date that it is approved by CALN ET 3 CMO, unless otherwise noted for a future date in the IPR Notification (IPRN) document; 4. Within ten (10) Business Days of a Customer's concummce to an IPR, the Contractor shall submit the IPR on an IPRN document to the CALNET 3 CMO for written approval; 5. No additional service taxes, fees, surcharges or surcredits will be allowed except as described in Section A.5.8 (Service Taxes, Fees, Surcharges, and Surcredits) and SOW Appendix C, Special Terms and Conditions -Telecommunications, Section T (Service Taxes, Fees, Surcharges, and Surcredits); 6. Once an IPRN is approved by CALNET 3 CMO, Contractor shall not cancel or increase pricing for any service listed in the IPRN; 7. All IPRs shall be subject to examination and audit pursuant to PMAC General Provisions- Telecommunications, Section 44 (Examination and Audit); 8. The IPRN and information regarding the approved IPR service rate(s) shall be subject to the California Public Records Act; and, 9. Implementation of an approved IPR does not require reduction of Contracted rate(s) for service(s), pursuant to SOW Appendix C, Special Terms and Conditions Telecommunications, Section I ("Most Favored Nation") Status of State, and PMAC General Rev. January 15, 2015 Amendment #2 IPR_0294 Provisions -Telecommunications, Section 30 (Additional Rights). However, if Contracted rate{s) are reduced below the IPR rate(s) for such service(s), the reduced Contracted rate(s) shall automatically apply to the IPR, but the term commitments shall remain in place for Duration IPRs and Non-Exempt IPRs. A.7.2 STANDARD lPRs The following provisions apply to Standard IPRs: I. The Contractor shall be allowed to reduce one ( () or more Contracted service prices for a Customer for the Term of the Contract; 2. I PRs shall be for reduced service pricing only. All other Contract terms and conditions, including Service Level Agreements, will remain unchanged; 3. Customer may cancel any or all services(s) subject to the Standard IPR without penalty; and, 4. The Standard IPR Service rnte(s) shall continue in effect from the date of IPR approval by CALNET 3 CMO through the remainder of the Te1m of the Contract unless tenninated earlier by Customer or CALNET 3 CMO in accordance with the terms and conditions of the Contract, or if IFB STPD 12-00 l-A Section A. 7.1 (IPR General Provisions) #8 applies. A.7.3 DURATION lPRs The following provisions apply to Duration lPRs: I. The Contractor may offer individual price reductions that require term commitments; 2. Acceptance of any solicitation or offer from the Contractor shall be at the sole discretion of the Customer; 3. Duration lPRs shall be for reduced service pricing and term commitment only. All other Contract terms and conditions, including Service Level Agreements, will remain unchanged; 4. The duration of a Duration lPR shall not exceed the Term of the awarded IFB STPD 12 00"1 A Contract; and, 5. In the event that a Customer elects to terminate Service(s) subject to Duration IPR Pricing for reasons other than (1) a Contractor default, or (2) circumstances outside such Customer's reasonable control, such Customer shall be liable to Contractor for an early termination charge. 111is charge shall be calculated based on the following: a) monthly difference in the original contract rate and the Duration IPR rate multiplied by the number of months the service was used under the Duration IPR; b) IO% of the original Contract Rate multiplied by Rev. January 15, 2015 Amendment #2 IPR_0294 the number of months used under the Duration IPR; and c) any unrecovered nonrecurring charges owed to Contractor on the date of termination. A.7.4 NON-EXEMPTION IPRs The following provisions apply to Non-Exemption IPRs: I. In response to non CALNET 3 Contracted vendors' proposals presented lo Customers, and in accordance with the CALNET 3 CMO exemption process, CALNET 3 Contractors shall be given the opportunity to provide individual price reductions that require term commitments; 2. A minimum of three (3) CALNET 3 Contractors, unless otherwise directed by CALNET 3 CMO, shall be given the opportunity to respond. Contractors may be selected at the discretion of the Customer or under the direction of the CALNET 3 CMO; 3. IPRs shall be for reduced service pricing and term commitment only. All other Contract te1ms and conditions, including Service Level Agreements, will remain unchanged; 4. The duration ofa Non-Exemption IPR shall not exceed the term of the Contract; 5. The Contractor shall provide a completed Non-Exemption IPR response to the Customer or CALNET 3 CMO within fifteen (15) Business Days of the Customer's or CALNET 3 CMO's Non-Exemption IPR request to the Contractor. If the Contractor's response is to not provide a Non-Exemption IPR, the Contractor must submit a fo1mal declaration stating the Contractor will not provide a Non-Exemption [PR; and, 6. In the event that a Customer elects to terminate service(s) subject to Non-Exemption IPR Pricing for l'easons other than (I) a Contractor default, or (2) circumstances outside such Customer's reasonable control, such Customer shall be liable to Contractor for an early termination charge. This charge shall be calculated based on the following: a) monthly difference in the original contract rate and the Non-Exemption IPR rate multiplied by the number of months the service was used under tl1e Non-Exemption IPR; b) plus, 10% of the original Contract Rate multiplied by the number of months used under the Non-Exemption I PR; and c) and any unrecovered nonrecurring charges owed to Contractor on the date of termination. --·----··----------------------- Signature page follows. Rev. January 15, 2015 Amendment #2 IPR_0294 The undersigned Agency, upon execution of this IPRN, certifies that it bas received, reviewed and concurs to the proposed rate (s) applicable to the Service(s) described herein above. AT&TCom (Contractor, j1.2.2.B.l) :c,rv OF CARLSBA~ (Agency) . ~ ,, / ,./I/') Signe~: L Signed:~ /4 l/~ ____ __,,,-?-,,.. ____ _./ __ -__ _ . 1 ~. I _ ,..11 r ~ Prmt ame: L 1 .I I L PrmtName: ri-• C..VJ~ UVA. Cf>:A I tv\,1v1~ Fl lH'\O\ J't le 1 Title: ProJ ec..T (11.A-~d KC: I . -C, Title: I ch( Cf e>pc-v>:tion I Offlc-- Date Signed:_,_/ b=c....._-...;;_/_"'2.._-_/..L7 __ _ Date Signed: __ 0\----111--'2,.-b_\ _1_]:......_ __ _ APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _~______;;L~1 .....____ Assistant City Attorney ~pproved D Denied (Check appropriate response.) Cnlifomia Department of Technology, CALNET Telecommunications Program Rev. January 15, 2015 Amendment #2 Exhibit A-5 Individual Price Reduction Notification (IPRN) Worksheet for City of Carlsbad and MPLS Transport Speeds Category: 1.2.2.8.1) Sub-category: 1.2.2.8.1 MPLS Transport Speeds Current IPR IPR Competitor's Price MAC Contract Proposed Percentage Current Proposed Percentage Limited (for Llmlled Feature Price/ IPR Price I Discount for Contract IPR Price/ Discount for Duration Duration IPR Feature Name Identifier NRC NRC NRC Price Price/MAC MRC MRC Price IPRY/N Only) NBFW400M NF045 $ . $ -0.00% $27,562.25 $ 8,268;68 70,00% N 1 of 1