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HomeMy WebLinkAbout1988-424 / . ~ 1 RESOLUTION NO. RR 474 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO TECHNICRAFT COMMUNICATIONS INCORPORATED FOR TELEPHONE 3 MAINTENANCE AND REPAIR SERVICE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Technicraft Communications Incorporated being 7 the lowest responsible bidder for maintenance and repair of City 8 owned telephone switches and related equipment, a contract is 9 awarded to said bidder accordingly for the amount specified 10 therein, but such award shall be effective only upon the contract 11 being fully executed by the parties; all other bids therefor are 12 hereby rejected; and the Mayor is hereby authorized and directed 13 to execute said contract on behalf of the City; a copy of the 14 contract is attached hereto, marked Exhibit "A" and incorporated 15 herein by reference as fully as though set forth at length. 16 SECTION 2. Execution and Amendments. This contract and 17 any amendments or modifications thereto shall not take effect or 18 become operative until fully signed and executed by the parties 19 and no party shall be obligated hereunder until the time of such 20 full execution. No oral agreements, amendments, modifications or 21 waivers are intended or authorized and shall not be implied from 22 any act or course of conduct of any party. 23 24 25 26 27 28 1 DCR:mw 11/4/88 RESOLUTION AWARDING A CONTRACT TO TECHNICRAFT COMMUNI OAT IONS FOR 'TELEPHONE ~~INTENANCE AND REPAIR SERVICE 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a reaular meeting thereof, held on the 4 21st day of November , 1988, by the following vote, 5 to wit: 6 7 8 Council Members AYES: Es t rada, Re.il.L)L,_..E.l.ores, Maudsley 1--. MinCll:.--.l1ill.e..L _..________ _____ ___ NAYS: None 9 AB SENT : _~_ CQun.c.il_.ti.e.mbe.~ -E.o.p.e =L.u.dlam _ _ ___ _> _ _ _._. 10 11 12 13 14 15 16 17 18 19 20 odh2'/'LZ~~~___._ /City Clerk The foregoing resolution is hereby approved this ~Jtd day of Novembe.r.._____ ___ _, 1988. M----214~-~ EVLY~MaYOr L~~~_ City of San Bernardino Approved as to form 21 and legal content: 22 23 24 25 26 27 28 2 DCR:mw 11/4/88 ~ TECHNICRAFT COMMUNICATIONS INCORPORATED A~ CITY OF SAN BERNARDINO TELECOMMUNICATIONS MAINTENANCE AGREEMENT , MA1~~~NANCE AGREEMENT CITY OF SAN BERNARDINO ("City"), located at 300 North "0" Street, San Bernardino, California 92418, and TECHNICRAFT COMMUNICATIONS INCORPORATED ("TCI"), located at 5000 Calle San Raphael, Suite C-l, Palm Springs, California 92264, agree as follows: 1. TCI shall render repair and maintenance service on the equipment listed in Appendix A, attached hereto and incorporated herein, including all parts and labor, in accordance with the terms and conditions set forth herein. 2. Subject to the terms and conditions contained herein, TCI shall furnish all necessary service, including parts and labor, to maintain the equipment in good working condition. Any parts replaced by TCI shall become the property of TCI. TCI shall dispatch qualified technicians to the above address within two hours (2), twenty-four (24) hours a day, seven (7) day a week after receiving notification of a major interruption of service. In the event the system is not operational within three (3) hours after the two (2) hour response time, TCI shall pay to City liquidated damages in the amount of $100.00 per hour for the first two (2) hours and $250.00 per hour for every hour thereafter. For the purposes of this agreement, a major interruption of service means the inability to make or receive outside calls. Minor service requests will be responded to between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday except City paid holidays. Notwithstanding anything to the contrary herein, TCI shall be excused from failure to perform its obligations hereunder due to strikes, fire or natural disaster. 3. EXCLUSIONS: The services provided for hereunder shall not include: a. The replacement of Equipment or parts which are lost or stolen. b. The repair of equipment or parts which are damaged by accident, neglect, misuse, or any other cause other than ordinary use. c. Additions to, rearrangement or relocation of the equipment, which cannot be accomplished in the four (4) hour per day period provided for in paragraph 6(a) herein. , d. Service necessitated by equipment failures for which repair or maintenance has been obtained from person other than agents of TCI. e. Service necessitated by causes external to the equipment or by attachments, parts, supplies, or devices not furnished by TCI. 4. Requests by City for service outside the scope of this agreement shall be furnished by TCI at its sole discretion and at the rates specified in Appendix B, attached hereto and incorporated herein. 5. This agreement shall commence on the effective date hereinabove set forth and shall continue in effect until terminated by the City upon thirty (30) days notice to TCI by telephone message at (619) 320-6881 or written notice. Notwithstanding the forgoing, if City's obligations hereunder or under any other agreement City may have with TCI, are not met, TCI may terminate this agreement upon thirty (30) days written notice to City. City shall be deemed to be in default of an obligation to TCI if City fails to make any payment when due under the terms of any such agreement. 6. City agrees to pay to TCI in advance of the 1st day of every month, a sum equal to the monthly service charge commencing on the effective date. a. The monthly service charge is computed at the rate of $3.50 per port per month, and includes complete maintenance as herein described (at $2.50 per port per month) and one worker (at $1.00 per port per month) for (4) hours per day, Monday through Friday (20 hours per week) to perform any work pertaining to telecommunications at the direction of the City's Telecommunications Division. b. Any additions or deletions of equipment in increments of at least ten (10) ports will result in an adjustment in the monthly service charge at the rate of $3.50 per port per month, commencing on the first of the month following said addition or deletion. c. The monthly service charge shall be adjusted on each anniversary of the effective date to an amount equal to the lesser of (i) TCI's then effective rates for such services or (ii) the initial monthly charge multiplied by a fraction of which the numerator shall be the Consumer Price Index-All Urban Consumers-U.S. ("The Index") for the calendar month preceding the adjustment date and the denominator shall be the index for the calendar month preceding the Effective Date, provided that in no event shall such amount be reduced below the initial monthly charge. ~ . . . d. On the effective date of this agreement, the monthly service charge is $4,350.00, based on the equipment specified in Appendix A. 7. New parts with manufacturers' warranties, will be used for service and adds, moves, and changes, unless otherwise authorized by the City's director of telecommunications. 8. Except for TCI negligence (eg., for damage to building or property), City's sole remedy for TCI's liability with respect to the parts, materials, work, or services provided hereunder or for any other performance by TCI hereunder, shall be limited to the repair or replacement of defective work or parts, with the exception of liquidated damages for delay provided for in paragraph 1 herein. 9. Each party shall be responsible for the negligence of its respective officers, agents and employees. 10. All notices, requests, instructions, or other writings required or permitted hereunder shall be in writing and shall be deemed to have been given on the date of service if served personally on the party to whom notice is given or on date of mailing if served by mail, certified, postage prepaid. Either party may change the address to which notices to it are to be sent by giving written notice of the new address to the other party in accordance with the provisions of this paragraph. 11. Notwithstanding any other statement made or implied herein, the City accepts and acknowledges its responsibility to insure that TCI may test and repair the equipment described herein without delay or hindrance. 12. If any provision of this Agreement is held invalid, unenforceable or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect. 13. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. 14. This Maintenance Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements between the parties with respect thereto. There have been and are no representations or warranties, whether expressed or implied by statute or otherwise by either party hereto to the other, . . . except as expressly set forth herein. This Agreement may not be modified or amended except by a writing signed by both parties. 15. The Effective Date of this Agreement shall be the first day of the month following its approval by the City's Mayor and Common Council. CITY OF SAN BERNARDINO TECHNICRAFT COMMUNICATIONS, INC By:4-~~ By: dt //7JtTC{~ ~~ TITLE ~i~L__.2JgE ~~ ~lJ.1L.____ TITLE Approved as to form and legal content: .1-'" l -~','~~ Attorney ,. APPENDIX A 1. This Appendix A describes the equipment and the materials of the City to be serviced by TCI under the Maintenance Agreement and further defines the obligations and requirements accepted by TCI and the City as part of this Agreement. 2. This maintenance agreement covers all cable and station wire maintenance, any key equipment (lA2 or electronic type) and all telephones that are owned by the City of San Bernardino. For the purposes of this agreement any equipment overlooked by inventory and not listed below will be covered by this agreement. The monthly rate will remain the same unless any equipment not listed is of a size larger than 10 ports. 1. Police Dept. NEC 2400 IMG 320 Ports 2. City Hall NEC 2400 MMG 720 Ports 3. City Library OMNI PBX 56 Ports 4. OPX Locations Response 59 Ports 5. OPX Locations IA3 Key Equip. 40 Ports 6. OPX Locations TIE 2260 48 Ports 7. Cost Accounting Equipment 8. Call Sequencer o. ~ APPENDIX B Any labor or new equipment not covered by this Maintenance Agreement shall be furnished by TCI at the following prices: Parts 16 Button D-term phone 8 Button D-term phone Single line phone-desk Single line phone-wall ELC circuit card Analog card - S/L Station Trunk card $ 315.00 225.00 31.50 37.50 1,800.00 1,425.00 1,125.00 Labor* $ 40.00 per hour *in excess of the twenty (20) hours per week provided for in paragraph 6(a) in the Agreement.