HomeMy WebLinkAbout2009-147
RESOLUTION NO. 2009-147
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AND THE
ISSUANCE OF AN ANNUAL PURCHASE ORDER TO SK TELECON, INC. FOR THE
CABLE PULL SERVICES TO THE CITY'S TELEPHONE SYSTEM FOR THE
FACILITIES MANAGEMENT DEPARTMENT IN THE AMOUNT OF $35,678.00,
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WHEREAS, SK Telecon, Inc. knows the locations of all City facilities and has
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successfully maintained the City's 2200 port telephone system with a minimum number of
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hours.
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10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That pursuant to Municipal Code 3.04.010 (B) (3) the City Manager of
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the City of San Bernardino is hereby authorized to execute on behalf of said City a Vendor
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Services Agreement between the City of San Bernardino and SK Telecon, Inc., a copy of which
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is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as
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though set forth at length.
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SECTION 2. That pursuant to this determination the Director of Finance Department
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or her designee is hereby authorized to issue an Annual Purchase Order in the amount of
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$35,678.00 to SK Telecon, Inc., with three one-year renewal options as long as funds are
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available and appropriated in the budget each year.
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SECTION 3, The Purchase Order shall reference this Resolution number and shall
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read, "SK Telecon, Inc. for cable pull services to the City's telephone system for the Facilities
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Management Department," and shall incorporate the terms and conditions of the Vendor
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Services Agreement.
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2009-147
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AND THE
ISSUANCE OF AN ANNUAL PURCHASE ORDER TO SK TELECON, INC. FOR THE
CABLE PULL SERVICES TO THE CITY'S TELEPHONE SYSTEM FOR THE
FACILITIES MANAGEMENT DEPARTMENT IN THE AMOUNT OF $35,678.00,
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SECTION 4. This authorization to execute the above referenced Purchase Order and the
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Vendor Services Agreement is rescinded if they are not executed within sixty (60) days of the
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2009-147
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AND THE
ISSUANCE OF AN ANNUAL PURCHASE ORDER TO SK TELECON, INC. FOR THE
CABLE PULL SERVICES TO THE CITY'S TELEPHONE SYSTEM FOR THE
FACILITIES MANAGEMENT DEPARTMENT IN THE AMOUNT OF $35,678.00.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ;oint regular meeting
thereof, held on the 15th day of June ,2009, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA X
11 BAXTER X
12 BRINKER X
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13 SHORRETT X
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KELLEY
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JOHNSON
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McCAMMACK X
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City lerk
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The foregoing resolution is hereby approved this~/7I' day of June
,2009.
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Approved as to form:
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2009-147
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement (the "Agreement") is entered into the 1 sl day of
July, 2009, (the "Effective Date") by and between SK Telecon, Inc. ("Vendor") and the City
of San Bernardino ("City").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the City to contract cable pull services for the City's telephone system
throughout the City; and,
WHEREAS, the City of San Bernardino has determined that the vendor possesses the
professional skills and ability to provide said service for the City.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
a, For the remuneration stipulated in Section 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its quote,
attached hereto, marked Attachment" 1" and incorporated herein by this reference as
fully as through set forth at length.
2. COMPENSATION AND EXPENSES,
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount not to exceed $35,678 to provide and perform
those products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by City.
3. TERM AND TERMINATION
This Agreement shall commence on July 1, 2009 and continue through June 30, 2010
unless previously terminated as provided herein. This Agreement may be extended for three (3)
additional one (1) year terms to coincide with the City's fiscal year at the City's sole discretion
with an increase to the base contract up to the CPI rate of inflation for each renewal year.
The City reserves and has the right and privilege of canceling, suspending or abandoning
the execution of all or any part of the work contemplated by this Agreement, for any reason, with
or without cause, at any time, by providing written notice to Vendor. The termination of this
Agreement shall be deemed effective upon receipt of the notice of termination. In the event of
EXIHIBIT "A"
- 1 -
2009-147
Vendor Services Agreement by and between SK Telecon, Inc. ("Vendor") and the
City of San Bernardino ("City").
such termination, Vendor shall immediately stop rendering services under this Agreement unless
directed otherwise by the City.
4. INDEMNITY.
Vendor agrees to and shall indemnifY defend and hold the City, its elected officials,
employees, agents and representatives, free and harmless from any and all claims, actions,
damages and liabilities of any kind and nature arising from bodily injury, including death, or
property damage, based or asserted upon any actual or alleged act or omission of Vendor, its
employees, agents, or subcontractors, relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement, unless the bodily
injury or property damage was actually caused by the sole negligence of the City, its elected
officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor
agrees to protect and defend at its own expense, including attorney's fees, the City, its elected
officials, employees, agents or representatives from any and all legal actions based upon such
actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of
express or implied indemnity against the City, its elected officials, employees, agents or
representatives, with respect to third party claims against the Vendor relating to or in any way
connected with the accomplishment of the work or performance of services under this
Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
Vendor shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notifY City thirty days prior to any material change or
termination of the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
Vendor shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR,
Vendor shall perform work tasks provided by this Agreement, but for all intents and
purposes Vendor shall be an independent contractor and not an agent or employee of the City.
Vendor shall secure, at its expense, and be responsible for any and all payment of Income Tax,
EXIHIBIT "A"
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2009-147
Vendor Services Agreement by and between SK Telecon, Inc. ("Vendor") and the
City of San Bernardino ("City").
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Vendor and its officers, agents, and employees, and any and all
business licenses, if any are required, in connection with the services to be performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS,
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5.04 of the San Bernardino Municipal Code, and any other
licenses, permits, qualifications, insurance and approval of whatever nature legally required of
Vendor to practice its business or profession.
9, NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
TO THE VENDOR:
Director of Facilities Management
300 North "D" Street,
San Bernardino, CA 92418
Telephone: (909) 384-5244
SK Telecon, Inc.
P.O. Box 55730
Riverside, CA 92517
Telephone: (909) 788-4830
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the Vendor's interest in this Agreement without City's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of
City's consent, no subletting or assignment shall release Vendor of Vendor's obligation to
perform all other obligations to be performed by Vendor hereunder for the term of this
Agreement.
EXHIBIT "A"
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2009-147
Vendor Services Agreement by and between SK Telecon, Inc, ("Vendor") and the
City of San Bernardino ("City").
12. VENUE,
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State or Federal courts located in the County
of San Bernardino, State of California. The aforementioned choice of venue is intended by the
parties to be mandatory and not permissive in nature.
13, GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14, SUCCESSORS AND ASSIGNS,
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15, HEADINGS,
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
prOVISIOns.
16, SEVERABILITY,
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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EXIHIBIT "A"
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2009-147
Vendor Services Agreement by and between SK Telecon, Inc, ("Vendor") and the
City of San Bernardino ("City").
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
SK Telecon, Inc.
~~~el~='"
Title: e=:-..
Approved as to Form:
James F. Penman, City Attorney
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EXHIBIT "A.'
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ATTACHMENT "1"
2009-147.
P,O. Box 55730
Riverside, Ca. 92517
909.788.4830
s.k.TELECON, inC.
March 26, 2009
Ciiy of San Bernardino
200 N. "D" Street
San Bernardino, Ca. 92418
Attn: Jim Sharer
Re: New Contract Amounl
This letter is to inform you of our inlenllo provide Adds, Moves, and Changes for Ihe forthcoming fiscal
year, July 1,2009 to June 30, 2010.with two additional one-year renewal options for index rate prices.
The currenl contract amounl is $ 37.555.80.
Because of Ihe letter received from Purchasing, I am reducing this amounl by 5% for Ihe firsl year.
The new contract amounl will be $ 35.678.00.
I hope Ihis meets with your approval. As always, [ appreciale the oPPorlunily we have had 10 be of service
10 you and your slaff.
Sincerely,
Ken Skeelers
s.k. TELECON, inc.
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ADDS, MOVES, AND CHANGES FOR 2006 AND 2007
2009-147
S K TELECON, INC.
S K Telecon, Inc. has been our Vendor for approximately ten years.
They are responsible for the moves, adds and changes for all land line
phones. After Measured Business lines and Centranet lines are
installed by Verizon to the d'marc, S K Telecon's technician pulls the
cable to the specified location, installs the jack, and programs on the
lens in the switch room. Also, he does installations and programming
for direct inward dial extensions. He is responsible for service requests
that incorporate any of the above lines and adding or deleting
extensions of employees and voice mail resets.
They do minor repairs and researches discrepancies pertaining to
telephone data records. Advises and consults with Telephone Systems
Coordinator regarding new installations and keeps her updated on the
status of completion.
Owner:
Ken Skeeters
POBox 55730
Riverside, CA 92517
(951) 788-4830 Office
(951) 662-1085 Cell
(951) 682-6401 Fax
Technician:
John Mora
POBox 55730
Riverside, CA 92517
(909) 260-8211