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HomeMy WebLinkAbout05.J- Information Technology RESOLUTION (ID # 3551) DOC ID: 3551 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Larry Martin M/CC Meeting Date: 11/17/2014 Prepared by: Larry Martin, (909) 384- 5947 Dept: Information Technology Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order in the Amount of $51,000 to TelePacific Communications for Primary Rate Interface Phone Connections. (#3551) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $378,000.00 Account No. 630-250-0035-5157 Account Description: Telephone charges Balance as of: 7/1/2014 Balance after approval of this item: $3,600.00 .Now, Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On December 5, 2011 the Mayor and Common Council adopted Resolution 2011-312, authorizing the City, in part, to enter into an agreement with and the Issuance of a Purchase Order to TelePacific Communications for Primary Rate Interface Phone Connections. Background: Primary rate interface (PRI) services are essential to everyday function of the City of San Bernardino and San Bernardino Municipal Water Department. They handle all incoming and outgoing telephone calls to City Hall and several remote City facilities. Currently there is a purchase order in place to cover these services for 2014/15 fiscal year. Information Technologies is requesting issuance of this agreement and approval to issue purchase orders for fiscal years 2015/16, 2016/17 and 2017/18. The purchase order requested is for $51,000.00 annually. This amount takes into account the $26,707.68 amount for the contract agreed upon PRI circuits and adds an additional $24,292.32 to cover long distance charged association with the PRI circuits. Updated: 11/13/2014 by Georgeann "Gigi" Hanna A Packet Pg. 176 3551 It is recommended the City Council adopt the attached Resolution authorizing the execution of an agreement and the issuance of a purchase order to TelePacific Communications for Primary Rate Interface Phone Connections. City Attorney Review: Supporting Documents: RESO TelePacific (DOC) agrmt 3551 (PDF) I Updated: 11/13/2014 by Georgeann "Gigi" Hanna A Packet Pg. 177 5.J.a' 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $51,000 TO 4 TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 0 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized E 9 and directed to execute on behalf of said City an Agreement with TelePacific 0 10 Communications, a copy of which is attached hereto and marked Exhibit "A" and U CL 11 incorporated herein by reference as fully as though set forth at length. F 12 y SECTION 2. That the Director of Finance or his/her designee is hereby authorized 3 13 14 and directed to issue an Annual Purchase Order to TelePacific Communications in an amount o U 15 not to exceed $51,000.00 for Fiscal Year 2015/2016 with two (2) one-year renewal options as a 16 long as funds are available and appropriated in the budget each subsequent fiscal year. The LO M 17 Purchase Order shall reference the number of this resolution and shall read, "for primary rate 9 18 interface and long distance charges." d 19 20 SECTION 3. This purchase conforms with Section 3.04.010 of the San Bernardino O w 21 Municipal Code. a) 22 SECTION 4. The authorization to execute the above-referenced Agreement and issue 23 the above-referenced Purchase Order is rescinded if not executed/issued within sixty(60) days a 24 of the passage of this Resolution. 25 26 27 28 Packet Pg. 178 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $519000 TO TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE 4 CONNECTIONS 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 N Common Council of the City of San Bernardino at a meeting o 7 thereof, held on the day of , 2014, by the following vote, to wit: 8 E 9 Council Members: AYES NAYS ABSTAIN ABSENT v 10 MARQUEZ Q. 11 BARRIOS F 12 VALDIVIA 3 13 14 SHORETT o U 15 NICKEL a. 16 JOHNSON Ln W) 17 n MULVHILL 2 18 IL 19 Georgeann Hanna, City Clerk 0 20 w Cn The foregoing resolution is hereby approved this day of , 2014. 21 = 22 E 23 R. Carey Davis, Mayor 24 City of San Bernardino 25 Approved as to form: Gary D. Saenz, 26 City Attorney 27 By: 28 Packet Pg. 179 S.J,b "Exhibit A" VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS This Vendor Services Agreement (the "Agreement") is entered into this day of , 20 ,BY AND BETWEEN: the City of San. Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); y 0 AND, TelePacific Communications Corporation, a network and communications service E E provider incorporated under the laws of the State of California and having its principal o place of business at 515 S. Flower Street, 471" Floor, Los Angeles, CA. 90071 (the 2 "VENDOR") (individually CITY or VENDOR may be referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the"PARTIES"). a, am WITNESSETH : 3 WHEREAS, the Mayor and Common Council of CITY have determined that it is advantageous and in the best interest of the CITY to contract for Primary Rate Interface phone connections; and, 0 WHEREAS, the CITY did solicit and accept quotes from available vendors for Primary a Rate Interface phone connections and VENDOR was the lowest responsible bidder; and, LO M WHEREAS, CITY and VENDOR desire to contract for Primary Rate Interface phone LO connections and desire to set forth their rights, duties, and liabilities in connection with their M w performance; and, E a, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. Y NOW, THEREFORE, for and in consideration of the mutual covenants and conditions a contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth on Attachment"1"attached hereto and incorporated herein. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page l of 8 Packet Pg. 180 5.J.b "Exhibit A" 2. COMPENSATION AND EXPENSES. 2.1 Compensation. VENDOR shall be paid for the services set forth in Attachment "1" a total fixed sum of$80,123.04, billed at a rate of$2,225.64 per month for the 36-month term of this Agreement. No other amounts, except those expressly provided for in this Agreement, shall be paid by CITY. 2.2 Additional Services. VENDOR shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to VENDOR performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be C barred and are unenforceable. 3.3 Method of Billing. VENDOR may submit invoices to CITY for approval at E intervals no more often than monthly. Said invoice shall be based on the total of 0 all VENDOR's products and services that have been supplied and performed to the CITY's sole satisfaction. CITY shall pay VENDOR's invoice within forty- five (45) days from the date CITY receives said invoice. Each invoice shall C describe in detail the products supplied, the services performed, and the associated time for completion. Any additional products or services approved and performed pursuant to this Agreement shall be designated as "Additional 3 Services" and shall identify the number of the authorized change order, where U applicable, on all invoices. c U 3.4 Records and Audits. Records of VENDOR's services relating to this Agreement it shall be maintained in accordance with generally recognized accounting a principles and shall be made available to CITY upon reasonable notice. LO M 3. TERM; TERMINATION. LO Ln M The term of this Agreement shall be from January 1, 2015 until December 31, 2017, inclusive. E L This Agreement may be terminated at any time upon thirty (30) days written notice by either PARTY. The terms of this Agreement shall remain in force unless mutually amended in writing. The duration of this Agreement may be extended with the written consent of both parties. �a w r 4. INDEMNITY. Q VENDOR agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or representatives, free and harmless from 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 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 2 of 8 Packet Pg. 181 "Exhibit A" 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. 5.1 Minimum Scope and Limits of Insurance. VENDOR shall obtain and maintain during the life of this Agreement all of the following insurance coverage: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket E contractual liability, personal injury with a policy limit of not less than One v Million Dollars ($1,000,000.00), combined singles limits, per occurrence and 2 aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined Y single limits, per occurrence and aggregate. 3 (c) Worker's compensation insurance as required by the State of California. 0 U 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: ° LO (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with LO respect to this subject project and contract with City." M E (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." as (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided w by this policy." Q 5.3 Certificates of Insurance. VENDOR shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 5.4 Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this Agreement, or the extent to VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 3 of 8 _ Packet Pg.182 5.J.b "Exhibit A" which VENDOR may be held responsible for payments of damages to persons or property. j 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. 2 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, Social Security, State Disability Insurance Compensation, Unemployment Compensation, 2 w and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. a� 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. r 3 .r VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, and L maintain, a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any c other licenses, permits, qualifications, insurance and approval of whatever nature that are legally V required of VENDOR to practice its business or profession. te 9. NOTICES. LO LO M Any notices, documents, correspondence, or other communication concerning this Agreement or LO LO the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally M r delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by E U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. i CD E r TO THE CITY: TO THE VENDOR: r a Larry R. Martin Artemis Garakanian IT 4th floor TelePacific Communications 300 N. D St. 515 S. Flower St.47th Floor San Bernardino, Ca. 92418 Los Angeles, CA. 90017 Either PARTY may change the address for deliver of notices b sending notice of the change to Y Y Y g g the other PARTY in conformity with this Section. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 4 of 8 Packet Pg. 183 "Exhibit A" 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/her office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. 0 w 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 E a breach of this Agreement and cause for the termination of this Agreement. Regardless of 0 CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation .2 to perform all other obligations to be performed by VENDOR hereunder for the term of this 0 Agreement. a� 12. VENUE. 3 The parties hereto agree that all actions or proceedings arising in connection with this Agreement L shall be tried and litigated either in the Superior Court of the State of California for the County of o San Bernardino or the United States District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be a mandatory and not permissive in nature. r U) 13. GOVERNING LAW. y This Agreement shall be governed and construed under the laws of the State of California M without giving effect to that body of laws pertaining to conflict of laws. E 14. SUCCESSORS AND ASSIGNS. a� E 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. a 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. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 5 of 8 Packet Pg.184 5.J.b "Exhibit A" AWWk 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. REMEDIES; WAIVER. All remedies available to either PARTY for one or more breaches by the other PARTY are and c shall be deemed cumulative and may be exercised separately or concurrently without waiver of r any other remedies. U The delay or failure of either PARTY to require performance or compliance of the other of any c of its obligations under this Agreement shall in no way be deemed a waiver of those rights to U require such performance or compliance. No waiver of an provision `2 P on o P f this Agreement shall be Y P 4- g effective unless made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. 18. ENTIRE AGREEMENT. L O This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this a Agreement. LO LO 19. COUNTERPARTS. T Ln This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the a� event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same force and effect as if E such facsimile or".pdf' signature page were an original thereof. Y M Q 20. AMENDMENT. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 21. CORPORATE AUTHORITY. VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 6 of 8 Packet Pg.185 "Exhibit A" Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this Agreement. 22. COMPLIANCE WITH LAW. VENDOR agrees to abide by all federal, state, and local laws, ordinances and regulations. 23. FORCE MAJEURE. A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but 2 not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. _ E E 24. RESPONSIBILITY FOR ERRORS. v V VENDOR shall be responsible for its work and results under this Agreement. VENDOR, when requested by CITY, shall furnish clarification and/or explanation as may be required by CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to VENDOR occurs, then VENDOR r shall, at no cost to CITY, provide all necessary services to rectify and correct the matter to the 3 sole satisfaction of CITY and to participate in any meeting required with regard to the correction. i 25. ORDER OF PRECEDENCE. it In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits a or Attachments, the terms set forth in this Agreement shall prevail. 0 M 26. CONSTRUCTION. n Ln M w The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the E event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement. 111 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 7 of 8 Packet Pg. 186 "Exhibit A" VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2014 VENDOR: TelePacific Communications c 0 By: Its: E E 0 i U �a Dated , 2014 CITY OF SAN BERNARDINO C 5 By: 3 Allen Parker, City Manager L c 0 U APPROVED AS TO FORM: a Gary D. Saenz, City Attorney Ln LO M � v By:_ LO in M E L R d E V Y Q VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TELEPACIFIC COMMUNICATIONS FOR PRIMARY RATE INTERFACE PHONE CONNECTIONS Page 8 of 8 Packet Pg.187 Attachment it 1 Service Agreement Aoft'L C " In" R"'VAr r' A rx " 1VO Section 1 Customer Information Account Number(existing acct) ................ Company Legal Name(individual if Sole Proprietorship .City of San Bernardino Doing Business As(DBA)................................. Contact Name and Title ­Larry,M,­ar,t1 Sr Network Administrator ­­­­ . .. ....... Telephone Number 909-384-5947 Fax Number Email martin Ia(4k).sbeity.Rrg ............ ....... Service Address: 300 N D ST .0 City SAN BERNARDINO State CA _7ip 92418 U E Section 2 TelePacific Services E 0 TelePacific will provide Customer with the specified type and amount of Services at the rates,and terms and conditions listed U below,and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the 2 Telecommunications Account Agreement that governs this Service Agreement. Monthly MRC Total Set-up NRC Total CL Account QTY Recurring Charge 4) Description of Services Term Charge (NRC) (Yrs) (MRC) DID Numbers(blocks of 20) 3 13 $10.00 $130.00 $117.75 $1,530.75 Voice Only PRI(V) 3 3 $487.50 $1,462.50 $500.00 $1,500.00 FlexCheck Promo(Paid in 4 Equal Payments) 3 1 $0.00 $0.00, ($500,00) ($500.00) 0 Install Discount 3 1 $0.00 $0.00 $3,030.75) ($3,030.75) CA Basic T-Pack 1000 3 3 $35,00 $105.00 $0.00 $0.00 CL Double Dash:DID Numbers(up to 100 additional) 3 1 ($100.00) ($100.00) $0.00 $0.00 Double Dash:T-Pack Minute Bundle 1000 3 3 ($35,00) ($105.00), $0.00 $0.00 LO LO Ln LO Renewal 3 1 $0.00 $0.00 $0.00 $0.00 E Waive LDAC 3 1 $0.00 $0.00, $0.00 $0.00 GM Adjustment Approved for Straight Renewal of(3)PRI' 3 1 $620.64 $620.64 $0.00 $0.00 0 E Upsell:that currently have Trunk Max Promo 3 1 $0,00 $0.00. $0.00 Sub Totals: $2,113.14 ($500.00) LDAC,EUCC and EUCL: $112.50 Federal,State and Local Taxes and Other Charges will be applied in accordance with the definitions stated at http:/Iwww.insidetelepacific.com/rates/rates-tolepacific.asp. Method of Payment:ACH(Automated Clearing House)By selecting this payment method,you agree to allow TelePacific to deduct your monthly balance in full through an electronic payment system. IN WITNESS WHEREOF each Party hereto has caused this Service Agreement to be executed by its duly authorized representative. v103012 276574-101514 Page 1 of 2 Packet Pg. 188 7 kar" °' ciffe Service Agreement i- rr ar M t! N r f..'A T i n N :l Agreed By,Customer Signature Date Customer Name(Print) Title Sales Representative Name Phone Agreed By,Sales Manager Signature Date C O r to v 7 E O U V ca a d Q F- U c 0 U a T M T Cl) E cv C O E t V t6 r+ r Q 003012 276574-101514 Page 2 of 2