HomeMy WebLinkAbout11-Facilities Management
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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: James Sharer, Director
Subject: Resolution authorizing the
Execution of a contract and issuance of a
Purchase Order to Expanets of Cali fomi a, Inc.
For the installation of a NEAXMAIL AD-40
Voicemail system to the City's telephone
System of the Facilities Management
Department in the amount of$39,120.00.
Dept: Facilities Management
Date: August26,2003 ORIGINAL
Meeting Date: September 15, 2003
Synopsis of Previous Council Action
May 23, 2002 2002-143 Issuance ofa contract with two one-year renewal options.
Recommended Motion:
I. Adopt resolution, and
2. Authorize the Director of Finance to carryover $39,120 in unexpended funds from FY 2003-2003
T ,I'pho", Hill' bod,,, (630-262-5703) ill FY 2003-2004 T olopho 0 BLZ
James W. Sharer
Contact person:
James Sharer
Phone:
384-5244
Supporting data attached: Staff Report
Ward(s): All
FUNDING REQUIREMENTS:
Amount: $39,120.00
Source 630-262-5703
!~~/tL
Barbara Pachon
Finance Director
1. Council Notes:
'Qe'Oo'.u- ~ 3, - CJS1s'
Q/-&j03
Agenda Item No. -1L-
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CITY OF SAN BERNARDINO - REQUEST 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 Expanets of California,
Inc. for the installation of a NEAXMAIL AD _ 40 voicemail system to the City's NEC
telephone system for the Facilities Management Department in the amount of
S39,120.00
BACKGROUND
The City of San Bernardino has an extensive telephone network that provides service to
over 1600 telephones in over 100 locations. The City installed a voicemail system as part
of the last upgrade in January 1997. The voicemail system installed by the City at that
time is no longer manufactured and cannot be supported by our vendor. Staff has
reviewed the numerous voicemail systems on the market and have found the
NEAXMAIL system to be the best answer for the City. The NEAXMAIL will provide
voicemail to City Hall, Parks and Rec administration, Fire administration, Water Yards
and Reclamation, City Yards, and Animal Control. Previously, only City Hall and Police
had a comprehensive voicemail system.
Staff has worked with numerous vendors over the past six years trying to establish
voice mail at the five remote locations that have NEC 2000 telephone systems. Expanets
is the only vendor who has proposed and tested a solution that works. Expanets has
provided repairs and maintenance to the City's NEC telephone systems for the
Facilities Management Department for the past 7 years. They are a NEC Authorized
Dealer and have provided excellent design work on this project. There are no NEC
Authorized dealers in San Bernardino. A large part of the labor on this project is to
redesign the backbone network for five locations that use an NEC 2000 switch. These
telephone systems were installed in the City twelve years ago and the installation was
done in a manner that voicemail could not be used. Expanets has spent hours redesigning
our network to allow these switches to integrate with the main switch. Staff asks that
Expanets be awarded this contract as a selected source vendor due to their extensive
research and knowledge of our system.
The contract amount for this work will be $34,017.77. A fifteen percent contingency
amount of $5,102.23 is included to cover unforseen conditions, making the total amount
$39,120.00
FINANCIAL IMP ACT
The contract cost for the installation of a NEAXMAIL AD-40 voicemail system will be
$39,120.00. Funds for this item were budgeted last fiscal year and will need to be carried-
over for this expenditure, from Telephone Support budget account # 630-262-5703.
RECOMMENDATION
I. Adopt Resolution, and 2. Authorize the Director of Finance to carryover $39,120 in
unexpended funds from FY 2003-2003 Telephone fund budget (630-262-5703) to FY
2003-2004 Telephone Budget Fund.
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(CQ)fPy
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT AN
ISSUANCE OF A PURCHASE ORDER TO EXJ>ANETS OF CALIFORNIA, INC. FO
THE INST ALLA nON OF A NEAXMAIL AD-40 YOICEMAIL SYSTEM TO TH'
CITY'S TELEPHONE SYSTEM FOR THE FACILITIES MANAGEMEN
DEPARTMENT IN THE AMOUNT OF $39,120.00.
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BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Expanets of California, Inc. is the selected source vendor for the
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installation of a NEAXMAIL AD _ 40 voieemail system to the City's NEC telephone system
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for the Facilities Management Depm1ment. A contract is awarded accordingly to said bidder in
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the total amount of $39, 120.00. Such award shall be effective only upon being fully executed by
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both parties. The Mayor is hereby authorized and directed to execute said contract on behalf of
the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. The
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Purchasing Manager is hereby authorized and directed to issue a purchase order to said vendor in
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the amount of$39,120.00. The purchase order shall reference this Resolution and shall be issued
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to Expanets of California, Inc. for the installation of a NEAXMAIL AD-40 voicemail system in
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an amount not to exceed $39,120.00
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SECTION 2. This contract and any amendment or modification thereto shall not take
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effect or become operative until fully signed and executed by the parities and no party shall be
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obligated hereunder until the time of such full execution. No oral agreements, amendments,
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modifications or waivers are intended or authorized and shall not be implied from any other
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course of conduct of any party.
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SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within 90 days of the passage of this resolution.
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Council Members:
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ESTRADA
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LONGVlLLE
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13 MCGINNIS
14 DERRY
e SUAREZ
16 ANDERSON
17 McCAMMACK
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RESOLUTION . . . AUTHORIZING THE EXECUTION OF A CONTRACT AN
ISSUANCE OF A PURCHASE ORDER TO EXPANETS OF CALIFORNIA, INC. FO
THE INSTALLATION OF A NEAXMAIL AD-40 VOICEMAIL SYSTEM TO TH
CITY'S TELEPHONE SYSTEM FOR THE FACILITIES MANAGEMEN
DEPARTMENT IN THE AMOUNT OF S39,120.00.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council ofthe City of San Bernardino at a meeting thereof,
held on the day of , 2003, by the following vote, to wit:
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AYES
NAYS
ABSTAIN
ABSENT
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City Clerk
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The foregoing resolution is hereby approved this
day of
,2003.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and legal content:
Exhibit "A"
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AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this of 2003, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Expanets of California, Inc., hereinafter referred to as "VENDOR".
WITNESSETH
WHEREAS, City desires to replace the existing Centegram voicemail system with a NEAXMAIL AD-
40 voicemail system in City Hall in San Bernardino, California; and
WHEREAS, Vendor is a licensed communications contractor qualified to provide said services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Vendor upon the terms
and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
I. SCOPE OF SERVICES
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Vendor shall perform those services specified as contained in the proposal dated August 25,
2003, and proposed costs, a copy of which is attached hereto as Exhibit "1", and all of which are
incorporated herein as though set forth in full.
2.
TERM OF AGREEMENT
Vendor shall commence within five (5) days after the City has authorized work to start by
issuance of a Notice to Proceed.
3. STANDARD OF PERFORMANCE
Vendor shall complete all work in conformance with Federal, State, and local regulations and
industry standards.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in Exhibit 1 dated August 25,2003, are made an obligation of
Vendor under this Agreement, subject to any changes made subsequently upon mutual
agreement of the parties. All such changes shall be considered as additional tasks and shall be
incorporated by written amendments to this Agreement and include any increase or decrease in
the amount of compensation due Vendor for the change in scope. Any change, which has not
been so incorporated, shall not be binding on either party.
B.
Vendor shall render no extra services under this Agreement unless City authorizes such extra
services in writing prior to performance of such work. Authorized extra services shall be
invoiced based on the authorized additional task amounts.
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5. COMPENSATION
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Exhibit "A"
A.
Upon satisfactory completion of the work, the Vendor will be paid time and material not
to exceed $39,120.00 in arrears, for all work and services performed under this contract
and upon receipt of itemized invoices, submitted in triplicate to the contract manager.
The invoice amount will be based on the actual work performed by task. Vendor will
submit an invoice to the City upon completion of each building or at the completion of
the project.
B. Said compensation shall not be altered unless there is significant alteration in the scope,
complexity or character of the work to be performed. City and Vendor shall agree upon
any such significant alteration in writing before commencement of performance of such
significant alteration by Vendor.
Any adjustment of the total cost of services will only be permitted when the Vendor
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 Vendor is required to comply with all Federal, State and local laws and ordinances
applicable to the work. The Vendor is required to comply with minimum wage rates in
accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted by
Vendor to City and shall be paid by City within twenty (20) days after receipt of same,
excepting any amounts disputed by City. Dispute over any invoiced amount shall be
noticed to the Vendor within ten (10) days of billing and a meet and confer meeting for
purposes of resolution of such dispute shall be initiated by the City within (10) days of
notice of such dispute. All tasks as specified in Exhibit "I" shall be completed prior to
final payment.
B. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A.
The Director of Facilities Management of City, or his designee, shall have the right of
general supervision over all work performed by Vendor and shall be City's agent with
respect to obtaining Vendor's compliance hereunder. No payment for any services
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Exhibit "A"
rendered under this Agreement shall be made without prior approval of the Director of
Facilities Management or his designee.
8.
COMPLIANCE WITH CIVIL RIGHTS LAWS
Vendor hereby certifies that it will not discriminate against any employee or applicant for
employment because ofrace, color, religion, sex, marital status, age, handicap or national origin.
Vendor shall comply with all State and Federal Civil Rights Laws in its hiring practices and
employee policies. Such action shall include, but not be limited to, the following: recruitment
and recruitment advertising, employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A.
This Agreement may be terminated by either party upon thirty (30) days' written notice
in the event of substantial failure of the other party to perform in accordance with the
terms of this Agreement. Each party shall have twenty (20) days following the date of
such notice within which to correct the substantial failure, giving rise to such notice. In
the event of termination of this Agreement, City shall within thirty (30) days pay Vendor
for all the fees, charges and services performed to City's satisfaction by Vendor, which
finding of satisfaction shall not be unreasonably withheld. Vendor hereby covenants and
agrees that upon termination of this Agreement for any reason, Vendor will preserve and
make immediately available to the City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and required for its timely
completion, and to fully cooperate with City so that the work to be accomplished under
this Agreement may continue within forty-five (45) days of termination. Any subsequent
use of such incomplete documents, other than their originally intended use, shall be at the
sole risk of the City, and the City agrees to hold harmless and indemnify Vendor from
any claims, losses, costs, including attorney's fees and liability arising out of such use.
Vendor shall be compensated for such services in accordance with Exhibit" I ".
B. This Agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Vendor. Upon such notice, Vendor shall provide work product to City,
and City shall compensate Vendor in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section, the
Agreement shall continue until all obligations arising from such termination are satisfied.
10.
CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Vendor, Vendor fails to meet any of its obligations under this Agreement, and such failure shall
not constitute a default in performance, the City may grant to Vendor such extensions of time
and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Vendor shall notify City within three (3) days in writing
when it becomes aware of any event or circumstances for which it claims or may claim an
extension.
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Exhibit "A"
II.
INDEPENDENT CONTRACTOR
Vendor shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Vendor shall furnish
such services in its own manner. This Agreement is not intended and shall not be construed to
create the relationship of agent, servant, employee, partnership, joint venture, or association
between Vendor and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Vendor shall not assign this Agreement, or any portion thereof without the written consent of
City. Any attempt by Vendor to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of this
Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Vendor and City:
VENDOR
CITY
Joe Wigmore
Expanets of California, Inc.
15641 Red Hill Avenue, Suite 200
Tustin, CA 92780
Jim Sharer
Director of Facilities Management
300 N. "0" Street
San Bernardino, CA 924 J 8
14. RESPONSIBILITIES OF PARTIES
A. The Vendor may reasonably rely upon the accuracy of data provided by the City or its
agents.
B. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to transfer
ownership to the City.
C.
For the purpose of determining compliance with Public Contract Code Section lOllS, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq.,
when applicable, and other matters connected with the performance of the contract
pursuant to Government Code Section 8546.7, the Vendor, subconsultant, and the City
shall maintain all the books, documents, papers, accounting records, and other evidence
pertaining to the performance of the contract, including but not limited to, the costs of
administering the contract.
All parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of final
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Exhibit "A"
payment under the contract. The State, the State Auditor, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or
regulations (including the basis of Federal funding in whole or in part) shall have
access to any books, records, and documents of the Vendor that are pertinent to the
contract for audits, examinations, excerpts, and transactions, and copies thereof shall
be furnished if requested.
15.
HOLD HARMLESS CLAUSE
A. Vendor shall indemnify, defend and hold free and harmless the City, its officers, and its
employees from all claims, damages, costs, expenses, and liability, including, but not
limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Vendor under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of this
Agreement will be entitled to recover from the losing party all reasonable attorneys' fees,
court costs, and necessary disbursements in connection with that action. The costs,
salary, and expense 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.
16.
INDEMNITY
Vendor shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third
parties, which arise from Vendor's negligent performance of services under this Agreement.
Vendor shall not be responsible for, and City shall indemnify, defend, and hold harmless Vendor
from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities
of, by or with respect to third parties, which arise from the City's negligent performance under
this Agreement. With respect to any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's
fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent
negligence of Vendor and City, each party shall assume responsibility in proportion to the degree
of its respective fault.
17.
LIABILITY/INSURANCE
Vendor shall maintain insurance policies meeting the minimum requirements set forth herein. All
insurance maintained by the Vendor shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to
the Vendor performing any of the services under this Agreement. All insurance certificates required
herein shall name the City as an additional insured and provide for thirty-(30) days written notice
from the insurer to the City prior to cancellation of any insurance policy of the Vendor.
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Exhibit "A"
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A. Comprehensive General Liability and Automobile Insurance. The Vendor shall
maintain comprehensive general liability and automobile liability insurance with a combined
single limit of not less than One Million Dollars ($1,000,000.00) per occurrence.
B. Worker's Compensation Insurance. The Vendor shall maintain worker's compensation
insurance in accordance with the laws of the State of California for all workers employed
by the Vendor.
18. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain in
full force and affect, and to this end the provisions of this Agreement are declared to be severable.
19 ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may
be amended only by written instrument signed by both parties.
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AGREEMENT FOR Services with Expanets of California, Inc.
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Exhibit U AU
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Rachel Clark, City Clerk
City of San Bernardino
BY:
Judith Valles; Mayor
City of San Bernardino
Expanets of California, Inc.
BY:
Signature
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NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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EXHIBIT "1"
S)-'stem Un(' Item List
ror
City OIStm Bernardi"o
SCHEDULE A - ORDER SUMM1RY - NHX.I1ai/ .10-40 Sy'lem
1.1 1'1; [ #
I
2
J
4
5
6
7
8
PART #
200247-01
160116
161756
161762
161764
161895
161950
QT\'
2
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DESCRIPTIO!"
SPA.16ELCJB-B 16CH DIGITAL STATION CARD
AD-40 24 PORT SOITW ARE PACKAGE
AO.4QJ64 & REP EXPANSION CHASSIS
AD-40/64 & REP EXT MODEM
AD-40/64, REP SCSI ADAPTER
15IN DELL COLOR MONITOR
DELL GX260 FOR AD-40/64 & REP.
S/Total
3,503.69
14,904.]8
[,427.48
[]6.86
2U9.40
243.62
1,424.74
Equipment Total
Sales Tax 7.75~.
Labor/Services Total
Total Investment
",OTE: NH Centigrllffi tJispllln'ment discount 25'':10 off AD-IO 2-4 Port Software
This price includes material,lnstallaCion labor, 7.7S'Y. sales tu. and a one year warranty.
This quote Is valid until October 14, 2003
Accounl Ext!c",jl'~ Jot! Wigmore
Authorized Customer Signature
Authorized Expanets Entity Signature
Payment Term 1 50%! $ 15442.88
Payment Tenn2 40% I $ 12354.31
Payment Term3 10%! $3088.58
Payment Term4 0% I $0
The Customer's signature acknowledges that the Customer has read and accepted the terms and conditions of the above
referenced contract, the customer authorizes Expanets to obtain credit information prior to accepting this order.
Cily orsan Ikmardino AD-4O 8-15-03.~1s
ElIp@nel.:l,Prupri.:larylnfOl'mlltion
21,850.18
1,693.39
7342.20
30,885.77
lorl
K/1511OOJ
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System Line Item List
for
City (~r San Bernardino
Schedule A - NEe Re-nulIlbering ,~r.\'1em
Lllhor to fe-number .\)'slem for' 'oiL'e11loi/
QTY DESCRIPTION
Miscellaneous EouiDrnent
Software Numbering plan reconfiguration
rjet~:i,~;f,i-~'d _\'-;.'liti,:;r;~
L1'1iE #
I
2
3
PART #
Labor
Equipment Total
Sales Tax 7.75%
Labor/Services Total
Total Investment
This price includes material, installation labor, 7.750/0 sales tax, and a one year warranty.
This qnote is valid nnlil October 24, 2003
Account Executive Joe Jngmore
Authorized Customer Signature Payment Tenn I 50% / $1566
Payment Tenn2 40%/ $1252.8
PaymenITenn310%/$313.2
a Authorized Expanets Entity Signature Payment Tenn4 0% / $0
. The Customer's signature acknowledges that the Customer has read and accepted the tenns and conditions of the above
referenced contract, the customer authorizes Expanets to obtain credit information prior to accepting this order.
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City of San Bernardino Renumber 8-25-031.xls
Exp@nets, Proprietary Infonnation
SlTotal
3.132.00
3,132.00
lofl
8/25/2003
P.gel
~v~ets
L.lA~..I
ExoerienceU At Netwotkeo' Sulutlons
SCHEDULE A-ORDER SUMMARY
Legal Name: City of San Bernardino
Client Contact Irene Bryson. Admin, Operation Supervisor
Client Contact Tel No. 909-384-5165
Client Address:
Street: 300 North 0 Street
City: San Bernardino
State. Zi CA 92418-0001
InstallationfDelivery Address (if different)
Street: 300 North 0 Street
City: San Bernardino. CA 92418-0001
EMAIL: bsonirci.san-bernardino.ca.us
Contract No.1
Expanets Address: 15641 Red Hill Avenue, Suite 200
City Tustin
State CA Zi Code 92780
Expaneta Contact
Name: Joseph A. Wigmore
Tel': 949-265-6113
Fax': 949-265--6102
Method of Payment
Check No:
Credit Card No.:
Order No.1
Ex Date:
Client's order for Products is summarized as follows
Product Descrl tlon **"**,,*u*,,*,,. Order Code Quanti
Unit Price/License Fee
Total Price/License Fee Installation Char es
Warran Term MO
Schedule A-NEC Renumberin s stem
Schedule A-AD--40 s stem
$ 3132.00 $
$ 30 885.77 $
$0.00 $
0.00 $
$0.00 $
$0.00 $
0.00 $
$0.00 $
0.00 $
$0.00 $
0,00 $
$0.00 $
$0.00 $
$0.00 $
$0.00 $
34017.77
Subtotal
Subtotal Other Pa es
Estimated Shi in Cha es
Total excludln a IIcable taxes
Advance Pa ment Time of Order
Pro ress Pa ment. Dellve
Pro ress Pa ment. Other
Balance Due
34017.77
17 008.88
13607.10
3401.77
Estimated Delive Date:
Estimated In-Service Date:
Clienfs oreler for Services is summarized as follows
Desen ttonorServlee
Order Code
Term Months
Hours Perl'onned
One-tlmeehll es
Monthl Cha es
CLlENrs SIGNATURE BELOW ACKNOWlEDGES THAT CLIENT HAS READ AND ACCEPTED THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED CONTRACT, THE CLIENT AUTHORIZES EXPANETS
TO OBTAIN CREDIT INFORMATION PRIOR TO ACCEPTING THIS ORDER.
EXPANETS ENTITY:
L alEnli Name
Ci of San Be mardi no
Le alEnli Name
Ex anetsofCalifomia Ine.
AulhorizedSi nature
AuthorizedSi nature
T d orPrinled Name TiUe
ed or Printed Name TiUe
Ga Samaha DirectOf Sales & 0 raliorls
Date
Au usl25 2003
Date
Au ust25 2003
Sct\ed....AA_D2_Dl_r......
P'1Je1
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City of San Bernardino
Expanets Scope of Work
NEAXMail AD-40 Voicemail
Contracts
Upon contract signature and acceptance, Expanets Installation group forms a team of
skilled personnel to manage the design and installation of your telecommunications
voicemail system.
A Project Manager, and Lead Technician are assigned as your installation team. An in-
house kick-off meeting is lead by the Sales person to relay pertinent information about
City of San Bernardino special requirements and to confirm and establish order dates of
Hardware for the installation and cutover requested by the customer.
Pre-Installation
The Project Manager will then contact City of San Bernardino for the first group meeting.
The object of the meeting is to establish a point of contact within your personnel to assist
with information gathering, dissemination offollow-up details, and responsibilities of
City of San Bernardino and Expanets. Subsequent meetings may be arranged with the
Project Manager and or the Lead Technician and the designated point of contact for
further information sharing.
Installation
Prior to installation the Project Manager will ensure the order is complete and staged for
shipment to the customer site. The cutover date is then confirmed, and the equipment is
shipped. Expanets will connect the AD-40 voicemail system to the NEAX 2400 PBX via
two 16ELCJ Digital Station cards. Expanets will connect test stations for training users
on how to use the new voicemail system. The Project Manager will coordinate a training
schedule to insure users get fully trained on the voicemail features and use prior to
cutover.
Any call processing applications on the previous voicemail system with be configured
and tested on the new system. (This is a great opportunity to provide any changes or
enhancements. )
Once training has been completed and the system has been tested, a cutover date will be
scheduled. (This date should be set as soon as the user training is completed.) The new
system will then assume the old access numbers to take over operations. The old system
may remain connected for period of time to allow those who could not retrieve their
messages from it. Messages cannot be transferred between systems. System
administration training will be provided onsite for Moves, Adds, and changes.
Enhancements
The NEAXMail AD-40 comes with 50 free client license seats of View Mail for
Microsoft Messaging. In order to provide this, the NEAXMail server will require a LAN
connection to your existing infrastructure. A static IP address would be required for
assignment to the V oicemail server from the IS department. Labor has been calculated to
provide the V oicemail server setup and one client installation. The IS department
personnel would then be responsible for implementing on other client workstations.
Scope of Work-City of San Bernardino
e
e
e
City of San Bernardino
This would be a Train The Trainer client workstation installation for the IT person to
manage going forward.
The technician will setup the schedule backup to the tape drive of the NEAXMail system.
The Lead Technician monitors the system install for completeness of materials and
functionality of hardware and software. The day of the cutover, system acceptance is
signed and the warranty of parts and labor begin. Post cutover support will be provided
for the first day in service.
Switch Room Reauirements
The customer will ensure that the Switch Room is prepared to support the NEC
NEAXMail AD-40 equipment. A dedicated I20V AC outlet is required to support the
AD-40 equipment located in the Switch Room. UPS 120 V AC backup is highly
recommended for any voicemail system. An analog modem port would be required for
remote access. Ifthere is one in place on the existing voicemail tan this can be reused.
Maintenance
Should maintenance be required after acceptance, a customer service telephone number is
available twenty-four hours a day for reporting problems. When the customer calls this
number, a ticket is opened to resolve the problem. Problems may be resolved in three
ways:
I. A major trouble is reported and a technician is dispatched within 4 hours to resolve.
2. A minor trouble is reported and a technician is dispatched within 24 hours.
3. A trouble is reported and is repaired via modem by the Technical Assistance Center.
Should additional problems be noted, and a resolution is not accomplished within an
acceptable period of time, the problem is escalated to management, then to Officers of the
company until a resolution is made.
It is Expanets desire to provide the best relationship possible with our customers. A
regular flow of information according to the above guideline, results in an experience that
can meet and exceed expectations for you and your customers.
Scope of Work-City of San Bernardino
e
e
e
City of San Bernardino
Signatures below constitute agreement that the above services and activities fully describe the project
deliverables and working agreement between Client and Expanets.
Acknowledged for Client:
Date:
Client Signature
Date:
Name-Joseph Wigmore
Expanets
Account Executive
Date:
Name
Expanets
Project Manager
e
e
e
City of San Bernardino
Expanets Scope of Work
Re-number Remote Extensions for Voicemail
Pre-Installation
A NEC Lead Technician would be assigned for your installation. An in-house kick-off
meeting is lead by the Sales person to relay pertinent information about the City of San
Bernardino special requirements and to confirm and establish order date for the changes
requested per this Scope of Work.
The Lead technician will establish a point of contact within your personnel to assist with
information gathering, dissemination of follow-up details, and responsibilities of
Expanets.
Scope of Work Detail
Expanets will re-configure the numbering plan at the NEAX 2400 that handles the DID
range 5xxx associated with the remote CCIS sites.
The remote CCIS sites will also be re-programmed for the routing.
This will require deleting the remote virtual extension within the NEAX 2400 PBX, then
entering the remote extension in the Route database.
Presently the system is designed with virtual extensions of the DID range 5xxx
forwarding to the remote CCIS site.
This will all have to be removed to enable the NEAX 2400 route the remote 5xxx DID
range via the route.
The fact that the initial DID call is forwarding, is causing the re-transfer issue presently
being experienced.
Expanets will verify the software and call routing after the changes have been entered.
Once testing and customer acceptance is agreed upon, a backup of the configuration will
be made on the system.
Switch Room Requirements
None required
Implementation
Prior to implementation the Lead Technician will ensure the objectives required.
The Lead Technician we ensure the date and time schedule to perform the re-numbering
process.
Expanets will re-configure the numbering plan at the NEAX 2400 that handles the DID's
associated with the remote CCIS sites.
The remote CCIS sites will also be programmed for the routing.
The Lead Technician will test the dialing plan and monitor the system reprogramming for
completeness and functionality of software and call routing.
Scope of Work-City of San Bernardino
e
e
e
City of San Bernardino
Maintenance
Should maintenance be required after acceptance, a customer service telephone number is
available twenty-four hours a day for reporting problems. When the customer calls this
number, a ticket is opened to resolve the problem. Problems may be resolved in three
ways:
I. A major trouble is reported and a technician is dispatched within 4 hours to resolve.
2. A minor trouble is reported and a technician is dispatched within 24 hours.
3. A trouble is reported and is repaired via modem by the Technical Assistance Center.
Should additional problems be noted, and a resolution is not accomplished within an
acceptable period of time, the problem is escalated to management, then to Officers ofthe
company until a resolution is made.
It is Expanets desire to provide the best relationship possible with our customers. A
regular flow of infonnation according to the above guideline, results in an experience that
can meet and exceed expectations for you and your customers.
Scope or Work-City orSan Bernardino
e
e
e
City of San Bernardino
Signatures below constitute agreement that the above services and activities fully describe the project
deliverables and working agreement between Client and Expanets.
Acknowledged for Client:
Date:
Client Signature
Date:
Name
Expanet'
Account Executive
Date:
Name
Expanet'
Project Manager
e
e
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Exhibit C
CUSTOMER SOFfW ARE LICENSE AGREEMENT
e
This Custon~r Software License Agreement is belween Exp~!nets., an authorized NEe
America, Inc.. Associate (hereinalter "LICENSOR") and the City of San Bernardino
(herealler "LICENSEE")
I. DEFINITIONS
1.01 "CPU" means a central processing unit in the System or Subsystem as described by
the Software License Attachment.
1 ,02 "Computer Program" means any instruction or instructions in object-code fomlal fOT
controlling the operation ora CPU
1.03 "Licensed Producl" means
a: The Computer Program furnished herewlder 10 the LICENSEE as set forth in
Schedule A attached.
b: The COlT1luter Program manuals, documentation and any other material for the
licensed Computer Program.
THE TERM "LICENSED PRODUCT" DOES NOT MEAN OR INCLUDE THE SQURCE-
CODE FORMAT FOR THE COMPUTER PROGRAM SET FORTH ON SCHEDULE A.
2. GRANT OF RIGHTS
2.0l LICENSOR hereby grants the LICENSEE, and the LICENSEE hereby accepts, a
personal, non-transferable and non-exclusive right to use the LICENSED PRODUCT on one
(I) CPU at a time, or a single system where multiple CPU's are provided in the configuration
set forth on Schedule A, solely for its business purposes. The LICENSEE Wlderstands that the
Licensed Product furnished to the LICENSEE is furnished solely for use in conjunction with
the related hardware PRODUCTS sold by LICENSOR to LICENSEE. The LICENSEE has no
right to use the Licensed Product so furnished on any CPU other than that such CPU or for any
purpose not specified herein.
2.02 No right, title or interest to the intellectual property in the Licensed Product is hereby
transferred to the LICENSEE, except as expressly granted herein.
2.03 The LICENSEE shall not copy the Licensed Product except as necessary for
archivallback-up purposes. When the LICENSEE makes any copy of the Licensed Product,
such copy must include the copyright notice appearing on the Licensed Product furnished to the
LICENSEE.
2.04 The LICENSEE shall not transfer possession of the Licensed Product, nor any rights
conferred herein to any third party, except to a third party who acquires title to the
LICENSEE'S related hardware PRODUCTS, provided such transferee has executed and
provided to NEC America, Inc., a signed copy of this Agreement and has tendered to NEC
America, Inc., the then current license transfer fee.
e 2.05 LICENSEE hereby assures LICENSOR that LICENSEE does not intend to, and will
not knowingly, within prior ...mtten consent, if required., of the Office of Export Administration
of the United States Department ofConunerce, Washington D.C. 20230, transmit, directly or
indirectly the Licensed Product to Iran, Iraq, Syria, the People's Republic of China or any
Group Q, S, Y or Z COWlUy specified in Supplement No. 1 to Section 770 of the Export
Administration Regulations issued by the United States Department of Conunerce or to any
other COWltry to which such transmission is restricted by such Regulations.
2.06 LICENSEE hereby agrees that it shall not reverse compile, disassemble, alter, add to,
delete from. or otherwise modify the LICENSED PRODUCT, except to the extent that such
modification capability is an intended feature of the LICENSED PRODUCT.
3. LIMITED WARRANTY AND REMEDIES
3.01 For a period of fourteen (14) months from date of shipping al the LICENSEE's site
specified in Schedule A, LICENSOR warrants that the Licensed Product will confonn to
published perfonnance specifications applicable as of the date of this agreement and win be
free from defects in workmanship, under nonnal use and service, when correctly installed and
maintained.
3.04 The above warranty e:{cludes co\'erage for LICENSE PRODL'CTS which were
installed. repaired or maintained by an unauthorized se.r...ice provider or which were subjectcd
to misuse, abuse, improper installation or apphcatlOlI, improper m:unlenance or repair.
alteration. aCCident or negligence in use, improper tetrq)erature. huoudllv or other
envIronmental condition (including, but not limited to, lighting or water damage" storage.
transportation or handling.
3.05 THE LICENSED PRODUCT WARRANTY CONTAINED IN THIS AGREHIEST
IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDI:\G (BL'T
NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO
PREVENTION, DETECTION OR DETERRENCE OF TOLL FRAUD. CO~lPUTER
VIRUSES OR OTHER UNAUTHORIZED OR IMPROPER USE OF THE SOFfW ARE
PRODUCTS.
3.06 LICENSOR'S liability for any LICENSED PRODUCT malfunction, shall be limited
to perfonning one of the remedies specified herein, provided that the malfunctioning
LICENSED PRODUCT is covered by the applicable warranty. LICENSOR and LlCE~SEE
hereby agree that if such limitation is declared invalid by a court of cotl1)etenljurisdiction. then
LICENSOR'S liability shall be limited solely to a U.S. dollar amount equal to the cost of the
malfunctioning LICENSED PRODUCT to the LICENSEE. These remedies shall be exclusive
and shall be the LICENSEE'S sole remedies against LICENSOR or NEC America, Inc.. or any
of its affiliates, Associates or suppliers for LICENSED PRODUCT malfunction.
4. INFRINGEMENT
4.01 LICENSOR represents and warrants that no patent, copyright, trade seCret,
trademark, trade name or other proprietary right has been or will be infringed by the
LICENSEE'S use of the LICENSED PRODUCT pursuant to this license.
4.02 If such intiingemenl is alleged or does occur, LICENSEE shall be defended against
any and all claims arising from such allegations or findings ofinmngemenl LICENSOR shan,
at its expense and sole decision, as the sole remedy to which LICENSEE shall be entitled:
a: procure for LICENSEE the right to use the LICENSED PRODUCT, or
b: replace such LICENSED PRODUCT with a cOfTllarable, non-intiinging product,
0<
c: modify such LICENSED PRODUCT to be non-infiinging, or
d: tenninate the LICENSE for the LICENSED PRODUCT and refund the LICENSE
fee for such LICENSED PRODUCT to LICENSEE
5. TERM AND TERMINATION
5.01 This Agreement shall take effect on the date LICENSED PRODUCT is shipped by
NECAM, and shall remain in effect until tenninated as provided below.
5.02 If the LICENSEE should breach any of its obligations under this Agreement,
LICENSOR may (in addition to any other remedies available at law or in equity) tenrunate this
Agreement upon ...mlten notice to LICENSEE.
5.03 Upon tennination of this Agreement, the LICENSEE shall inunediately discontinue
the use of the LICENSED PRODUCT and shall return all copies of the LICENSED
PRODUCT to LICENSOR.
6. MISCELLANEOUS
6.01 This Agreement, including the addenda listed below, sets forth the entire agreement
and understanding between the parties; neither party shall be boWld by any conditions.
definitions, warranties, understandings or representations with respect to such subject matter
other than as expressly provided herein or as duly set forth on or subsequent to the date hereof
in ...mting and signed by a proper and duly authorized representative of the party to be bound
thereby.
The following Addenda/Exhibits are a part of this Agreement:
3.02 LICENSOR'S liability for any LICENSED PRODUCT which is shown to be Addenda/Exhibits
defective during its warranty period is limited to:
Licensor
Initials
Licensee
Initials
a: replacing the LICENSED PRODUCT or part thereof with a functionally Schedule A
equivalent LICENSED PRODUCT or part, Schedule B
b: repairing the LICENSED PRODUCT, or
c: issuing credit for the LICENSED PRODUCT
The choice of which of the above wananty remedies to utilize concerning any particular
LICENSED PRODUCT shall be LICENSOR'S.
3.03 In the event that any LICENSED PRODUCT is shown to be defective during the
warranty period, the LICENSEE shall:
a: notify LICENSOR or any other authorized NECAM Associate providing service
to LICENSEE Promptly in writing of any claims,
b: provide LICENSOR or such other authorized NECAM Associate and/or NEC
America, Inc., with an opportunity to inspect and test the LICENSED
PRODUCTS claimed to be defective, and
c: (if repair or replacement of the LICENSED PRODUCT is selected) return the
LICENSED PRODUCT to LICENSOR or such other authorized NEC associate
or NEC America, Inc., in accordance with instructions provided.
6.02 IN NO EVENT SHALL LICENSOR OR NEC AMERICA, INC., OR ANY OF ITS
AFFILIATES OR SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR SIMILAR DAMAGES, SUCH AS (BUT NOT LIMITED TO)
"DOWNTIME", EXCESS COSTS OR LOST BUSINESS REVENUES RESULTING FROM
A LICENSED PRODUCT MALFUNCTION FROM UNAUTHORIZED OR IMPROPER
USE OF LICENSED PRODUCT INCLUDING, BUT NOT LIMITED TO, TOLL FRAUD
OR COMPUTER VIRUSES OR FROM LOSS OF USE OF LICENSED PRODUCT DUE TO
INFRINGEMENT CLAIMS.
7. STATISTICAL INFORMATION
7.01 NEC requests that the LICENSEE complete the Statistical Infonnation contained
within that section on Schedule A to this Agreemenl This infonnation may be used by
NECAM for marketing purposes.
Exoanets of Cali fomi a Inc.
WHEREFORE. the parties hereto have executed this Agreement through their authorized representatives.
Citv of San Bernardino
ALlCENSOK
., BY
NAME,
TITLE,
DATE'
Gary Samaha
Director Sales & Onerations
AU2uSt 25 2003
LICENSEE,
BY,
NAME,
TITLE,
DATE,
AU2USt 25 2003
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 18,2003
TO:
Irene Bryson, Telephone Systems Coordinator
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-258
At the Mayor and Common Council meeting of September 15, 2003, the City of San Bernardino
adopted Resolution 2003-258 - Resolution authorizing the execution of a contract and issuance
of a purchase order to Expanets of California, Inc., for the installation of a Neaxmail AD-40
Voicemail System to the City's telephone system for the Facilities Management Department in
the amount of $39,120.00.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 90 days, or by December 15, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
e above mentioned documents.
'1'-/7-03
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 10, 2003
TO:
Irene Bryson, Telephone Systems Coordinator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-258 - Expanets of California, Inc.
CC:
Our office has not received the contract with Expanets of California, Inc., for the installation of a
Neaxmail AD-40 Voicemail System. This contract was approved at the Mayor and Common
Council meeting held on September 15, 2003, and will be null and void if not executed and
returned to the City Clerk's Office by December 15,2003.
Please forward the executed agreement to the City Clerk's Office, to my attention, as soon as
possible. If you have any questions, please do not hesitate to call me at ext. 3206.
i
I
- _______ ..1
,.
Wigmore, Joseph
From:
Sent:
To:
Cc:
Subject:
Montgomery, Leta
Monday, September 22, 2003 3:09 PM
Santana, Myrna
Wigmore, Joseph; Anderson, Sabrina
RE: City of San Bernardino contract
Yes, I approve this.
Thanks, Leta
jy)./JJ rf'iJ.yrJfMMlUf
Expanets
Regional Contract Mgr.
301 E. Robbins Rd.
Grapeview, W A. 98546
Tel/Fax: 206-219-3066
-----Original Message-----
From: Santana, Myrna
Sent: Monday, September 22, 2003 2:50 PM
To: Montgomery, Leta
Cc: Wigmore, Joseph
Subject: City of San Bernardino contract
Importance: High
Hello Leta:
Attached is the finalized version of the City of San Bernardino's contract. Please confirm if
you approve this contract.
<< File: City of San Bernardino contract.tif >>
Thank you and have a great day!
Myrna Santana
Sales Administrator
Expanets
15641 Red Hill Avenue, Suite 200
Tustin, CA 92780
Telephone: 949-265-6101
Fax: 949-265-6102
1
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 15,2003
TO:
Irene Bryson, Telephone Systems Coordinator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-258 - Expanets of California, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the contract with Expanets of California for the installation
of a Neaxmail AD-40 Voicemail System. The original agreement is on file in the City Clerk's
Office.
If you have any questions, please call me at ex!. 3206.
"
"
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q -IS -05 Item # I \
Vote: Ayes I . '1 Nays .-e-
Change to motion to amend original documents:
Resolution #
Abstain .e--
-2-003 -J-S g
Absent -&
Reso, # On Attachments: ./
Contract term: --
NullNoid After: qo O!,,-',p ( 12-IS-(Y~
Note on Resolution of Attachment stored separately: ---==--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor:
Date of Mayor's Signature:
'1 - n-O,s
'1-le-03
Reso. Log Updated:
Seal Impressed:
~/...-
,/
Date ofClerk/CDC Signature: Ct, liS-C::",
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
't - \',,;-0:3.
See Attached:
See Attached:
See Attached:
~
~
Date Returned:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,/ No
-
Yes NoL
Yes No /
-
Yes No /
Yes No/
Copies Distributed to:
City Attorney V Code Compliance
Dev. Services
EDA
Finance v
Others: ~\ L{ Tlle-:"
MIS
Parks & Rec.
Police
Public Services
Water
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01/12/01