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HomeMy WebLinkAbout17-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director ORjGjNAl Subject: Resolution of the Mayor and Common Council . of the City of San Bernardino authorizing the execution of a contract and issuance of a Purchase Order to Nexus IS, Inc.. for the provision of repairs and maintenance to the City's NEC Telephone Systems for the Facilities Management Department in the amount of $42,343.00. Dept: Facilities Management Date: June 21, 2004 MlCC Meetinl: Date: July 6, 2004 Synopsis of Previous Council Action: 5-23-02 2002-143 Resolution authorizing the execution of an Annual Purchase Order for one year plus two one-year options. Recommended Motion: Adopt Resolution. Contact person: James Sharer a James W. Sharer Director of Facilities Mana ement Phone: 384-5244 Supporting data attached: Staff Report, Resolution Ward(s): All FUNDING REQUIREMENTS: Amount: $42,343.00 Source:: 630-262-5172 ~~t~ Barbara Pachon Director of Finance Council Notes: ~ :!t"2.c:x:Yt- 2...\ b Agenda Item No. NO, 11 11(q(~ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of a Purchase Order to Nexus IS, Inc., for the provision of repairs and maintenance to the City's NEC telephone systems for the Facilities Management Department in the amount 01'$ 42,343.00. BACKGROUND The City of San Bernardino has contracted out the provision of repairs and maintenance to the City's NEC telephone systems for the Facilities Management Department for the past 7 years. The past six years have been with Expanets, which was bought out last year and has changed their name to Nexus IS Inc. This contractor has given the City excellent service during the past six years and has asked the City to renew the contract with them for this fiscal year at the new rate of $42,343.00 per year. This is a one percent increase over the previous contract. FINANCIAL IMPACT The contract cost for the provision of repairs and maintenance to the City's NEC telephone systems for the Facilities Management Department will be $42,343.00. Funds for this item will be included in the Telephone Support budget for FY 04-05 in account # 630-262-5172. RECOMMENDATION Adopt Resolution. I C2 14 015 25 III 26 27 III 08 t~~lf RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 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 S42,343.00. 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. Nexus IS, Ine.. is the current vendor for the provision of repairs and 10 mainlenanee to the Cily's NEC telephone systems for the Facilities Management Department. II The Mayor is hereby authorized to execute an Agreement for Services, attached and incorporated 12 herein as Exhibit "A", and the Purchasing Manager is hereby authorized and directed to issue an 13 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 16 $42.343.00 for FY 2004/05, referencing this resolution in the text of the Purchase Order. 17 SECTION 2. This contract and any amendment or modification thereto shall not take 18 effect or become operative until fully signed and executed by the parities and no party shall be 19 20 obligated hereunder until the time of such full execution. No oral agreements, amendments, 21 modifications or waivers are intended or authorized and shall not be implied from any other 22 course of conduct of any party. 23 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 24 within 60 days ofthe passage of this resolution. Lflo. /1 7/6?/O Ie 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 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 MANAGEME~ DEPARTMENT IN THE AMOUNT OF $42,343.00. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: 7 8 9 Council Members: 10 ESTRADA 11 LONGVlLLE 12 13 MCGINNIS 14 DERRY 015 KELLEY 16 JOHNSON 17 McCAMMACK 18 19 AYES NAYS ABST ArN ABSENT 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of ,2004. 23 24 Judith Valles, Mayor City of San Bernardino 25 26 27 Approved as to fonn and legal content: (j8 CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGEl c EXHIBIT "A" AGREEMENT FOR SERVICES This AGREEMENT is made and entered into this _ day of , 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 WIIEREAS. in order to provide for the repairs and maintenance to the City's NEC Telephone Systems it is necessary to engage the services ora 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 o 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 ofthe project or as directed by the City unless extended by written agreement ofthe parties. Contractor shall have two one- year options to extend this agreement. 3. STANDARD OF PERFORMANCE o 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 S:III Bernardino; Controlling State Standards: Uniform Building Codes: Electrical, Mcchanical, :!nd Firc 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 I. 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. CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 2 te 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 or 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. CHANGESIEXTRA SERVICES c A. Performance of the work specified in the "Scope or 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: I) 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 o 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 ror resolution ofsucb 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. c CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 3 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Facilities Mallagemellt 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 Mallagemellt or his designee. S. 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 o 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 party'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 ofa 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.INSURANCE/INDEMNIFICATION o 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 [nsurance 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; c CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 4 B. 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. 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. 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. 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. c. D. o 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 ofthe 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 o 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. c CITY Of SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 5 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 ofthis Agreement will be valid unless in writing and signed by an authorized representative ofthe party against which such amendment, waiver, or discharge is sought to be enforced. o 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. o c o o CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 6 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 ofrace, 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. III' . c c o CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 PAGE 7 CITY OF SAN BERNARDINO By: Its: Mayor Date: 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 Nexus IS, Inc. By: Its: Date: Address for notices: Nexus IS, IIlL 15641 Redhill Avenue, Suite 100 Tustin, CA 92780 Attention: Bob McCook ~ E l;"~,~,~~ EXHIBIT 1 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-MA T) will be billed at Nexus IS' prevailing labor rates in 1I2-hour increments. c 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 davs. . 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. o Nexus IS Confidentiat and Proprietary Pagel of 3 Sanyo Fisher 5//8/04 ~ E l;,~,~,~~", 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: o 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 tcar. Svslem: . 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. o Nexus IS Confidential and Proprietary Page 2 of3 Sonya Fisher 5/18/04 ~ E lHJ"~,~~, Schedule S - Service Guidelines Emerl!encv 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. Eauipment Availability: o . 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 Nexus IS, Inc. Signature Signature Name, Title Name, Title Date Date o Nexus IS Confidential and Proprietary Page 3 of3 Sanyo Fisher 5/18/04 c o ..-.. ..-.. o - Q) Q) J: m 0 ~ c o .- ~-g Q)c:!E (J ... I C G).!!! nsm::s 5; c -g - ""J: C,,^, .-: v,' u ns....UJ :Eio UJ ~ - .... m .- ::sO >< Q) Z '" '" u 0 "! . .. N ... .. N ... , I i T , ' I Ji ;n-i--r I ' i ' <0: I~ .. , III IV! :C"); ... , I C II C S C '<0 <0; '; .. '.. ~I .. II Ill' i >- : I -, I l!!, ii:! I i , , I I"E I~ :U ,'" "t: '., lEI ,W ~ I~ i~ l:::l iU5 . ,::::. 'CIl I~' i.~ I~I ~ ., en' E EI I~ ~' ,3: ., 15 ,:::; II I 0 '0 : <0 co! .. Q) Cl l! 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I I ' ~II 1,~I~IEi "i I' -W-I , I Iii' i I' 1!1'~<t I Ijl I I 'II ' I' 'Ii ' ,i I I I r~"" I ,I " ,_, ,E. ., I . ;~,~, '!i~1 I~ I ' i I I I, I I' , I I' III! I' ,i! I I ' I ! i I! I I 1 I I I c c o I I I , I I : I .' , OFFICE OF THE CITY CLERK RAcHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.cLsan-bernardino.ca.us '" July 9, 2004 Bob McCook Nexus IS, Inc. 15641 Redhill Avenue, Suite 100 Tustin, CA 92780 Dear Mr. McCook, At the Mayor and Common Council meeting of July 6, 2004, the City of San Bernardino adopted Resolution 2004-216 - Resolution authorizing the execution of a contract and the issuance of an annual purchase order with two one-year options to Nexus IS, Inc., for the provision of repairs and maintenance to the City's NEC Telephone System. Enclosed is one (I) original agreement. Please sign in the appropriate locations and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by September 6, 2004. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Jt t(JZ(cktt~ ~ Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO A. T\npTIO'n ~"A Dli'n V u .T1lt~! Tntp.CJritv . Ac.C':onntahilitv . Resncct for Human Dii!nitv . Honestv N E l;e~o~r~~es " RECEIVEi}-eITY CI ERK '04 AUG -9 P 4 :20 August 5, 2004 Ms. Michelle Taylor Senior Secretary City of San Bernardino P.O. Box 1318 San Bernardino, CA 92402 Dear Ms. Taylor, Enclosed for your files and future reference is an executed copy of the Maintenance Service Agreement for your NEC telephone systems, ACD and AD-40 voice processing system. Please note that I have modified the Exhibit A section of notices, to reflect the address of the new Inland Empire office location. This is the office where I am located as well. I want to take this opportunity to thank you for choosing Nexus IS as your Telecommunications Solution Provider. We appreciate your business, and look forward to working with you and your staff as we continue our long-term, mutually beneficial relationship for years to come. If you have any questions or concerns, please do not hesitate to contact our client services department at 1-800-266-2003, or myself directly at (858) 427-2610. Once again, thank you for choosing Nexus IS! Very truly yours, ~'1~ Vice President of Operations Encl. >> NEXUS IS,INC.. 27202 WEST TURNBERRY LANE. SUITE 100. VALENCIA CA 91355 wV;a7~~~~n~OeM c~J~;~~t tii~t~S:~ le~~:ro@NEXus's-coM CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August ro, 2004 TO: James Sharer, Director of Facilities Management FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-216 - Nexus IS, Inc. CC: Veronica Martinez, Senior Secretary Attached is a fully executed copy ofthe contract with Nexus IS, Inc., for the provision of repairs and maintenance to the City's NEC Telephone System. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ... ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ')-b -QJ\ Item # 1'1 Resolution # Vote: Ayes 1- ') Nays g Abstain .kit-' Change to motion to amend original documents D Companion Resolutions '2(::0<\ - '2..1 ~ Absent .e- Null/Void After: l!')O days 1 '\- ,,-eft Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: Date Sent to Mayor: Date of Mayor's Signature: Date of Clerk/CDC Signature: f) -l?-OL f) - '?l-<A ')--q-(),\, Reso. Log Updated: .a- Seal Impressed: ..g-- Date MemolLetter Sent for Signature: I" Reminder Letter Sent: i\-'1-O q Date Returned: 'i..q () t.l Not Returned: D 2nd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes~ No By Up~ated Prior Resolutions (Other Than Below): Yes No ,.,/ By Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No I/'" By Updated CDC Personnel Folders (5557): Yes NO~ By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No B Copies Distributed to: Animal Control D EDA D Information Services D City Administrator D Facilities W Parks & Recreation D City Attorney 0'" Finance 0"'" Police Department D Code Compliance D Fire Department D Public Services D Development Services D Human Resources D Water Department D Others: -3 Notes: Ready to File: _ Date: Revised 12/18/03