HomeMy WebLinkAbout2004-2162
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RESOLUTION NO. 2004-216
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT A
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO ONE-YEAR OPTI(
TO NEXUS IS INC., FOR THE PROVISION OF REPAIRS AND MAINTENANCE
THE. CITY'S NEC TELEPHONE. SYSTEMS FOR THE FACILITIES MANAGEMI
DEPARTMENT IN THE AMOUNT OF S42,343.00.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Nexus IS, Inc.. is the current vendor for the provision of repairs and
maintenance to the City's NEC telephone systems for the Facilities Management Department.
The Mayor is hereby authorized to execute an Agreement for Services, attached and incorporated
herein as Exhibit "A", and the Purchasing Manager is hereby authorized and directed to issue an
annual Purchase Order with two one-year options to Nexus IS, Inc. for repairs and maintenance
to the City's NEC telephone systems for the Facilities Management Department in the amount of
$42343.00 for FY 2004/05, referencing this resolution in the text of the Purchase Order.
SECTION 2. This contract and any amendment or modification thereto shall not take
effect or become operative until fully signed and executed by the parities and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any other
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within 60 days of the passage of this resolution.
HI
1H
2004-216
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AN
ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH TWO ONE-YEAR OPTION
TO NEXUS IS INC., FOR THE PROVISION OF REPAIRS AND MAINTENANCE T,
THE CITY'S NEC TELEPHONE SYSTEMS FOR THE FACILITIES MANAGEMEN
DEPARTMENT IN THE AMOUNT OF $42,343.00.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor an
Common Council of the City of San Bernardino at a joint regular meeting thereof,
held on the 6th day of July , 2004, by the following vote, to wit:
Council Members:
AYES
ESTRADA
x
LONGVILLE
x
MCGINNIS
x
DERRY
x
KELLEY
x
JOHNSON
x
McCAMMACK
x
NAYS ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this 8-74 daygV July 2004.
Approved as to form and legal content:
F. Perfman, City Attorney
of San Bernardino
911ORW V
CITY OF SAN BERNARDINO PAGE 1
300 NORTH D STREET
SAN BERNARDINO, CA 92418
EXHIBIT `°A"
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this 6th day of JulY . 2004, by and
between The City of San Bernardino, California, a municipal corporation, hereinafter referred to
as the "City" and Nexus IS, Inc., a California corporation, hereinafter referred to as "Contractor"
WITNESSETH
WHEREAS, City desires to obtain services for the provision of repairs and maintenance
to the City's NEC Telephone Systems; and
WHEREAS. in order to provide for the repairs and maintenance to the City's NEC
Telephone Systems it is necessary to engage the services of a licensed communications
contractor firm; and
WHEREAS. Contractor is qualified to provide said services; and
WHEREAS, the San Bernardino City Council has elected to engage the services of
Contractor upon the terms and conditions as hereinafter set forth;
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services specified in "Schedule S — Service Guidelines"
and "Schedule M — Nexus IS Maintenance Worksheet" on file in the City Clerk's Office
and as contained in Exhibit "I", attached hereto and incorporated herein, all hereinafter
referred to as "Work".
2. TERM OF AGREEMENT
The services of Contractor are to commence July 1, 2004 and extend through June 30,
2005. This Agreement shall expire upon completion of the project or as directed by the
City unless extended by written agreement of the parties. Contractor shall have two one-
year options to extend this agreement.
3. STANDARD OF PERFORMANCE
Contractor shall, at its sole expense:
A. Complete all Work in conformance with all applicable federal, state, and local laws, codes, and
standards as promulgated, which shall include without limitation: Standard Specifications for Public
Works Construction (Greenbook); South Coast Air Quality Management standards; County of San
Bernardino; Controlling State Standards; Uniform Building Codes; Electrical, Mechanical, and Fire
Codes; the City of San Bernardino's Standard Drawings and the project specifications.
B. Conduct and carry out the Work in accordance with the terms and conditions of this Agreement
and diligently pursue completion of the Work in accordance with the timetable set forth on Exhibit 1.
C. Supervise and direct the Work, using Contractor's best skill and attention. Contractor will be
solely responsible for and have control over the means, methods, techniques, sequences, procedures, and
for coordinating all portions of the Work.
D. Unless otherwise provided in this Agreement, provide and pay for all labor, materials, equipment,
and tools necessary for the proper execution and completion of the Work.
E. Enforce strict discipline and good order among the employees, subcontractors, and agents carrying
out the Work, employ, and permit the employment of only qualified persons skilled in tasks assigned to
them in performing the Work.
2004-216
CITY OF SAN BERNARDINO PAGE 2
300 NORTH D STREET
SAN BERNARDINO, CA 92418
F. Secure all governmental licenses and inspections necessary for the performance and completion of
the Work in accordance with all laws, statutes, ordinances, building codes and regulations applicable to
performing the Work (the "Applicable Laws") other than those to be obtained by City.
G. Comply with and give all notices required by all Applicable Laws. However, Contractor does not
assume the obligation to determine whether the Work or this Agreement is in accordance with all laws and
regulations applicable to the City.
H. Keep the facilities and the surrounding area free from the accumulation of waste materials and
rubbish resulting from Contractor's performance of its obligations under this Agreement. On or before
completion of the Work, remove from and about the facilities, all such waste materials and rubbish, and all
of Contractor's tools, equipment, machinery and surplus materials, except that, as provided in Section 9,
the City will remove and dispose of all toxic or hazardous material removed from the facilities.
I. Take reasonable precautions for safety, and provide reasonable protection to prevent damage,
injury, or loss as a result of the Work, including without limitation, coordinating the Work with the City's
on -site safety program.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services" is made an obligation of Contractor
under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All
such changes shall be incorporated by written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Contractor for the change in scope. Any change which has not
been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Contractor under this Agreement unless such extra services
are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be
invoiced based on Contractor's proposed rates, a copy of which is included in the proposal and
incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Contractor for actual costs (including labor costs, employee benefits,
overhead, profit, other direct and indirect costs) incurred by the Contractor in performance of the work, at
the rates listed in the proposal and for the tasks completed and partially completed in accordance with
monthly billings in an amount not to exceed $42,343.00 for the one year term.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity, or character of the work to be performed. Any such significant alteration shall be agreed upon
in writing by City and Contractor before commencement of performance of such significant alteration by
Contractor. Any adjustment of the cost of services will only be permitted when the Contractor establishes
and City has agreed, in writing, that there has been, or is to be, a significant change in:
1) Scope, complexity, or character of the services to be performed;
2) Conditions under which the work is required to be performed; and
3) Duration of work if the change from the time period specified in the Agreement for Completion of
the work warrants such adjustment.
C. The Contractor is required to comply with all Federal, State and Local laws and ordinances
applicable to the work and which are in effect as of the date of the notice to proceed.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by
Contractor to City and shall be paid by City within 20 days after receipt of same, excepting any amounts
disputed by City.
B. Dispute over any invoiced amount shall be noticed to the Contractor within 10 days of billing
and a meet and confer meeting for resolution of such dispute shall be initiated by the City within 10
days of notice of such dispute.
C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect
any portion of the amount payable under this Agreement, then all reasonable litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. The costs,
salary, and expenses of the City Attorney and members of his office in connection with that action shall be
considered as attorneys' fees for the purposes of this Agreement.
2004-216
CITY OF SAN BERNARDINO PAGE 3
300 NORTH D STREET
SAN BERNARDINO, CA 92418
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Facilities Management of the City, or his designee, shall have the right of general
supervision over all work performed by Contractor and shall be City's agent with respect to obtaining
Contractor's compliance hereunder. No payment for any services rendered under this Agreement shall
be made without prior approval of the Director of Facilities Management or his designee.
B. Contractor shall perform the Work as an independent contractor and shall not be
considered an employee of the City. This Agreement is by and between Contractor
and the City, and is not intended, and shall not be construed, to create the relationship
of agent, servant, employee, partnership, joint venture, or association, between the
City and Contractor.
8. REPRESENTATIONS
Each party represents that:
A. It has all requisite corporate power and authority to execute and deliver this Agreement and to
perform its obligations hereunder, and it is in good standing under the laws of the state of its
organization or incorporation.
B. The execution, delivery and performance of this Agreement have been duly authorized by its
board of directors or governing body, as the case may be, and in accordance with its organizational
documents.
C. This Agreement has been duly executed and delivered on its behalf by Signatories so authorized
and constitutes its legal, valid and binding obligation.
D. The execution, delivery, and performance of this Agreement will not result in a breach or violation
of nor constitute a default under any agreement, lease, or instrument to which it is a party.
E. To the best of its knowledge, there is no pending or threatened judicial action or administrative
proceeding that could have an adverse effect on the validity or enforceability of this Agreement or
such parry's ability to perform its obligations under this Agreement.
9. DISCOVERY AND DISPOSAL OF HAZARDOUS SUBSTANCES
A. If any Hazardous Substances are discovered at the facilities during the Work, such discovery shall
constitute a cause beyond Contractor's reasonable control and Contractor shall have the right to
cease the Work until the City, at its expense, as appropriate, tests, abates, encapsulates, cleans up,
removes or disposes of such Hazardous Substances.
B. If The City so requests, Contractor shall assist the City by providing the City a list of qualified
disposal companies, arranging contracts between The City and a qualified disposal company and
coordinating the Work with the activities of a qualified disposal company. Although budget costs
for such services may be included in program proposals and cash flow analyses, the City will be
directly responsible for contracts and payment to disposal companies.
10. INSURANCEANDEMNIFICATION
A. Contractor shall, at its expense, maintain commercial general liability coverage and employer's
liability coverage of at least $1,000,000 for each occurrence, $2,000,000 aggregate, and workers
compensation coverage, to protect such party and its officers, directors, agents and employees
from any claims under workers' compensation and from any and all other claims for bodily injury,
including death and personal injury, and from claims for property damage arising from
Contractor's performance under this Agreement. Contractor shall submit to The City completed
Certificates of Insurance evidencing such coverage. Contractor shall name The City of San
Bernardino as an additional insured on the policy.
B. Except for City's negligence or willful misconduct, Contractor shall indemnify, defend and hold
City and its officers and employees harmless from all claims, damages, costs and expenses,
including but not limited to damages to property or personal injury, arising from Contractor's
performance under this Agreement. The provisions of this section shall survive the expiration or
early termination of this Agreement.
11. DEFAULT AND TERMINATION
A. If Contractor or the City:
1) Fails to make any payment as it becomes due in accordance with the terms of the Agreement;
2004-216
CITY OF SAN BERNARDINO PAGE4
300 NORTH D STREET
SAN BERNARDINO, CA 92418
2) Fails to perform or observe any other covenant, condition, or obligation to be performed or
observed by it hereunder; or
3) Made in this Agreement any materially false, misleading or erroneous representation to the other
party
Then the other party shall have the right to send a notice of termination of this
Agreement. During the thirty (30) day period beginning on the date of such
notice, Contractor and City shall negotiate in good faith toward an amicable
resolution of the default. If no such resolution is agreed upon in writing within
such period, this Agreement shall terminate.
B. If proceedings under any bankruptcy, insolvency, reorganization or similar legislation are
instituted against or by a party, or a receiver or similar officer is appointed for a party or any of its
property, and such proceedings or appointments are not vacated, or fully stayed, within thirty (30)
days after the institution or occurrence thereof, the other party shall have the right to terminate this
Agreement by written notice; such notice to be effective upon delivery.
C. The non -defaulting party may, at its discretion, exercise all remedies available at law or equity or
other appropriate proceedings, including bringing any action or actions from time to time for the
recovery of damages as a result of such default, and all costs and expenses reasonably incurred in
the exercise of its remedies hereunder.
D. This Agreement may be terminated for the convenience of the City upon thirty
(30) days written notice to Contractor. Upon such notice, Contractor shall
provide work product to City, and City shall compensate Contractor in the manner
set forth above.
12. ASSIGNMENT
A. Except as provided in this Section, neither party will assign any of its rights or obligations
hereunder without the prior written consent of the other party. This Agreement will bind and inure
to the benefit of the successors and permitted assigns of the parties.
B. The City may transfer or assign its rights and obligations under this Agreement to a successor
purchaser of the facilities if such assignee or transferee explicitly assumes in writing the
obligations of The City under this Agreement
13. EXCUSED DELAYS
If either party will be delayed in or prevented, in whole or in part, from performing any obligation or
condition hereunder with the exception of the payment of money, or from exercising its rights by reason or
as a result of any "force majeure" or due to the failure of the other party to perform its obligations
hereunder, such party will be excused from performing such obligations or conditions while such party is
so delayed or prevented. The term "force majeure" as used herein means acts of God, acts of government,
strikes, lockouts, or other industrial disturbances, acts of public enemy, blockades, wars, insurrections or
riots, epidemics, landslides, fires, storms, floods, earthquakes, explosions, water damage, lightning, freeze -
ups, theft, malicious mischief, electrolytic or chemical action, unusual delays in transportation, or other
similar causes beyond the control of such party.
14. NOTICES
Any and all notices between The City and Contractor provided for or permitted under this Agreement or by
law will be in writing and will be deemed duly served when personally delivered to the party, or in lieu of
such personal service when deposited in the United States mail, certified, postage prepaid, addressed to
such party at the address of such party listed on the signature page to this Agreement or at such other
address as is given to the other party by like notice. A copy of any notice to Contractor shall be sent to
addressee on the signature page.
2004-216
CITY OF SAN BERNARDINO PACE 5
300 NORTH D STREET
SAN BERNARDINO, CA 92418
15. MISCELLANEOUS
A. Term
This Agreement will take effect when signed by both parties and, unless sooner terminated, will
continue until project is completed but no later than one year after the effective date.
Forum and Law
This Agreement is considered to have been made at City of San Bernardino, County
of San Bernardino. Contractor and the City agree that any and all disputes arising out
of or in connection with this Agreement will be brought only in courts within the
jurisdiction of the County of San Bernardino, CA and each agree to the service of
process in accordance with the laws of the State of California.
Entire Agreement
This Agreement, including its Exhibits, which Exhibits are incorporated into this
Agreement in their entirety, contains the entire agreement between the parties with
respect to its subject matter and supersedes all prior proposals, letters, brochures and
other material relating to its subject matter. No amendment, waiver, or discharge of
any provision of this Agreement will be valid unless in writing and signed by an
authorized representative of the party against which such amendment, waiver, or
discharge is sought to be enforced.
Non -Waiver
The failure of either party to insist in any instance upon strict performance of any of
the provisions of this Agreement will not be construed as a waiver of any such
provision nor affect any present or future right hereunder.
Interpretation
The headings are for reference and convenience only and will not be considered in the
interpretation of this Agreement. The language used in this Agreement will be
deemed to have been chosen by the parties to express their mutual intent and no rule
of construction will be used to construe language against either party.
Severability
If any provision of this Agreement is held by a court of law to be unenforceable, then
both parties will be relieved of all obligations arising under such provision, but only
to the extent that such provision is unenforceable, and this Agreement will be deemed
amended by modifying such provision to the extent necessary to make it enforceable
while preserving its intent or, if that is not possible, by substituting another provision
that is enforceable and achieves the same objective and economic result. If such
unenforceable provision does not relate to the payments to be made to Contractor, and
if the remainder of this Agreement is capable of substantial performance, then the
remainder of this Agreement will be enforced to the extent permitted by law.
Independent Parties
Nothing contained in this Agreement will be deemed or construed for any purpose, to
establish, between the parties, a partnership or joint venture, a principal -agent
relationship, or any relationship other than City and independent contractor.
2004-216
CITY OF SAN BERNARDINO PAGE 6
300 NORTH D STREET
SAN BERNARDINO, CA 92418
Non -Discrimination
During the performance of this Agreement, Contractor agrees that Contractor shall
not discriminate on the grounds of race, religious creed, color, national origin,
ancestry, age, physical disability, mental disability, medical condition including the
medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any
condition related thereto, marital status, sex or sexual orientation in the selection and
retention of employees and subcontractors and the procurement of materials and
equipment. Further, Contractor agrees to conform to the requirements of the
Americans with Disabilities Act in the performance of this Agreement.
16. COMPLIANCE WITH CIVIL RIGHTS LAWS
Contractor hereby certifies that it will not discriminate against any employee or applicant
for employment because of race, color, age, disability, religion, sex, marital status, or
national origin, in accordance with Federal, State, and Local laws. Such action shall
include, but not be limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion.
Hl'
2004-216
CITY OF SAN BERNARDINO PAGE7
300 NORTH D STREET
SAN BERNARDINO, CA 92418
CITY OF SAN ERN RDINO Nexus IS, Inc.
By: By: C-2
Its: ayor Its:
Date: Date:
Address for notices: Address for notices: (��•
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attention: Jim Sharer
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
iA
Nexus IS, Inc.
Attention: Bob McCook
- 2004-216
N E� fk U S EXHIBIT 1
Inte rat or Sere cce;
Schedule S — Service Guidelines
Service Guidelines
Service Time and Costs
• During the period of your contract, routine service will be provided during regular business
hours (8:00 a.m. to 5:00 p.m.), Monday through Friday, except Nexus IS observed holidays:
• New Year's Day
■ President's Day
• Memorial Day
• Independence Day
■ Labor Day
• Thanksgiving Day
• Day After Thanksgiving Day
• Christmas Day
• After hours service requests will be billed at prevailing premium rates (time and one-half
standard rates, three hour minimum, portal to portal).
• Remote Maintenance (R-MAT) will be billed at Nexus IS' prevailing labor rates in 1/2-hour
increments.
Response Schedule
• Emergency Service will be responded to within four (4) hours.
• Non -Emergency Service will be provided within twenty-four (24) hours.
• Move, Add or Change (MAC) orders will normally be filled within three to five
business days.
• Remote Maintenance will be administered within one hour of notification.
Assigned Account Personnel
• All work performed on the customer site will be provided by trained technicians.
Nexus IS Confidential and Proprietary Page 1 of 3 Sanyo Fisher 5118104
2004-216
N E)"fk
Schedule S — Service Guidelines
Preventive Maintenance
Factory trained on your equipment, our team members have the expertise and dedicate the time to
conduct the routine tests to minimize system problems and downtime. Our technicians are able
to evaluate the telecommunications environment, and advise the system manager about changing
conditions or issues that might effect their operations.
Illustrative preventive maintenance activities include:
Keep all scheduled equipment in good operating condition by providing without additional
charge (during standard working hours) all labor and materials necessitated by normal use, wear
and tear.
System:
• Existing programs are examined, verified and upgraded as necessary.
• The equipment is reviewed to determine if it has been engineered to support the current
traffic and station demands.
• Trunks will be tested for
• Dial tone and the ability to break dial tone
• Sufficient volume levels
• Presence of static or other noise
• The program book will be reviewed for accuracy
• Cable records will be reviewed for accuracy and completeness. Every usable wire or cable
run will be identified with a trunk, circuit, pair and cable number.
• Attendants will be advised of any new trunks, features, restrictions or changes. .
Stations:
• Repair any instrument -related problems.
• Inspect the system power supplies.
• Check telephone terminals for potential problems.
• Update designations within the telephone subterminals.
Nexus 1S Confidential and Proprietary Page 2 of 3 Sanyo Fisher 5118104
2004-216
NE)ltrkUS»
nte Services
Schedule S — Service Guidelines
Emergency Escalation Plan
NEXUS IS has developed a series of activities and procedures to restore service to its customers
in the event of system failure, or any malfunction that would require emergency attention. Upon
notification by customer representative, a technician will immediately access your system's
diagnostics (if possible) to resolve or isolate the problem. If the problem cannot be resolved
remotely, if appropriate, the faulty network carrier will be contacted and/or a technician will then
be dispatched to survey and evaluate the failure or damage. They will advise NEXUS IS
management of the extent of the problem.
Equipment Availability:
• Truck stock maintained by the NEXUS IS field technicians is immediately available for
replacement of defective parts.
• NEXUS IS warehouses store a large inventory of parts and materials for extensive system
maintenance and repair. In addition, we have 24-hour manufacturer emergency support.
Agreed and Accepted to be part of Nexus IS, Inc. Service Agreement (attached):
Client
Signature
Name, Title
Date
Nexus IS, Inc.
Signature
Name, Title
Date
Nexus 1S Confidential and Proprietary Page 3 of 3 Sanyo Fisher 5118104
2004-216
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