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Resolution No. 85221 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. TWO TO EQUIPMENT MAINTENANCE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND ACCURATE TELECOM INC. WHEREAS, on September 4, 2002, the City Council of the City of Vernon adopted Resolution No. 8053 approving and authorizing the execution of an Equipment Maintenance Agreement No. BR7656 (the "Agreement") with Accurate Telecom Inc. ("Accurate") for maintenance support services of the City's Mitel Telephone System; and WHEREAS, on June 18, 2003, the City Council of the City of Vernon adopted Resolution No. 8223 approving and authorizing the execution of an Amendment No. One to the Agreement with Accurate extending the term of the Agreement through and including June 30, 2004 and increasing the compensation to a sum not to exceed Twenty -One Thousand Dollars and No Cents ($21,000.00); and WHEREAS, in accordance with Section 11 of the Agreement, the City of Vernon and Accurate desire to amend the Agreement to extend the term from July 1, 2004 through and including June 30, 2005, and to establish the annual compensation at a sum not to exceed Twenty -Three Thousand Dollars and No Cents ($23,000.00); and WHEREAS, on July 27, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated July 22, 2004, that an amendment to the Agreement be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. Two to the Equipment Maintenance Agreement with Accurate, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Amendment for, and on behalf of, the City of Vernon SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Amendment to: Accurate Telecom Inc. Attn. K.C. Jones, President 16108 Corvello Street Van Nuys, CA 91406 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of August, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MA BURG, Mayor - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8522, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, August 18, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT o,t 1 AMENDMENT NO. TWO TO EQUIPMENT 2 MAINTENANCE AGREEMENT 3 4 THIS AMENDMENT NO. TWO TO EQUIPMENT MAINTENANCE AGREEMENT is 5 made, entered into and executed in duplicate originals, either copy of 6 which may be considered.and used as the original hereof for all 7 purposes, as of this 18th day of August, 2004, in the City of Vernon, 8 County of Los Angeles, California 9 BY AND BETWEEN THE CITY OF VERNON 10 (hereinafter referred to as the "City") 11 4305 Santa Fe Avenue Vernon, CA 90058 12 AND ACCURATE TELECOM INC. 13 (hereinafter referred to as "ATI") 14 16108 Corvello Street Van Nuys, CA 91406 15 RECITALS 16 WHEREAS, the City and ATI are parties to an Equipment 17 Maintenance Agreement No. BR7656 dated or about August 15, 2002 18 (hereinafter referred to as the "Agreement") for maintenance support 19 services of the City's Mitel Telephone System; and 20 WHEREAS, City and ATI desire to amend the Agreement to 21 extend the term of the Agreement from July 1, 2004 through and 22 including June 30, 2005; and 23 WHEREAS, ATI's annual compensation under the Agreement was 24 for the sum of $20,715.30; and 25 WHEREAS, the City and ATI desire to modify the compensation 26 for the extended time period to a sum not to exceed $23,000.00, with 27 the first quarterly payment in 2004 being prorated accordingly; and 28 / / / 1 WHEREAS, Section 11 of the Agreement provides for amendments 2 and modifications to the Agreement. 3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 4 FORTH HEREIN: 5 SECTION 1: Section 1 of the Agreement entitled SERVICE is 6 hereby amended to read as follows: 7 The total amount to be paid to ATI under this Agreement 8 during the time period July 1, 2004 through June 30, 9 2005 shall not exceed an annual total amount of Twenty- 10 Three Thousand Dollars and No Cents ($23,000.00), in 11 accordance'with the Platinum Maintenance Plan for Mitel 121 SX-2000 PBX which is attached hereto as Exhibit "A" and 13 made a part hereof. The first quarterly payment due 14 for the period July 1, 2004 through September 30, 2004 15 shall be prorated. 16 SECTION 2: Section 3 of the Agreement entitled TERM AND 17 RENEWAL is hereby amended to read as follows: 18 ATI's services shall be extended from July 1, 2004. 19 The extension period will commence on July 1, 2004 and 20 shall continue until June 30, 2005. 21 SECTION 3: In all other respects, the terms and conditions 22 of the Agreement shall be renewed in its entirety. 23 24 25 26 27 28 - 2 - 1 IN WITNESS WHEREOF, the parties have caused this Amendment 2 to be executed by and through their authorized officers on the date, 3 month and year first written above. 4 5 CITY OF VERNON 6 By: LEONIS C. MALBURG, Mayor 7 8 ATTEST: 9 BRUCE V. MALKENHORST, City Clerk 10 11 APPROVED AS TO FO 12 ERIC RESCH, City Attorney 13 ACCURATE TELECOM INC. 14 LAcalif rnia Corporation 15 By: K.C. s 16 Title: President 17 18 By:-#AA 19 Title: Corporate Secretary 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT 3 f PLATINUM MAINTENANCE PLAN for MITEL SX-2000 PBX Customer City )f Vernon Address 4305 Santa Fe Avenue Date of Inventory 4/30/04 City Vernon State CA - Phone No. (323) 383-8811 Zip 90058 Contact George Nino Fax No. 1(323) 826-1433 Mitel System Configuration _ _ __, a-Zp00 L No. of Cards Ports per Total Type of Card Card Monthly Extended I Ports Attendant Console(Superconsole) $/port Mo. Price 5 4 ONS Analog Line Card 4 2.63 10.52 1 16 80 LS/GS Digital Trunk Card 2.63 210.40 16 Digital (DM8C) Line Card 8 2.63 21.04 2 Dual Link PRI 16 256 2.63 673.28 48 48 96 IP Licenses 2.63 252.48 0 80 2.63 210.40 Total System Ports & Monthly Total Annual Maintenance for 1VIite1 524 S2.63 $1,378.12 * R* R AR R A A A RR:RR:RARA Tota4tn+trtal M 516,537.44 alWendn h"reared due to adding the jo&-ing• 32 PBXPottx Warr �)OiNS Card and (i)DMCCardjoratotal of . °��d RAA RR AARRA was n"3 to "3104 Cards were added on Quote# 102488, A0.N 000004965 andtheC rytyca, I Management System was added to the maintenance agreement coverage Peri heral E ui ment Invento Ports/ Monthly Type of System/Equipment Annual Extended I Quantity S/Port Active Voice Repartee VP Voice Mail Wort price I 12 25.00 Paging _ System 300.00 3,600.00 I Tapit-let Call Accounting 254.00 I CrYtYcal (1) Management I OPS Manager .600.00 594.00 I Alpha CFR2000 Battery Back Up (City Hall - Batteries Excluded) 600.00 I Alpha CFR600 BattBack U �y p (Fire Station 1-Batteries Excluded) 257.58 130.20 Annual Cost for Peripheral Equipment 56,035.78 Mitel Annual Maintenance Peripheral Equipment Maintenance S 16,537.44 Quarterly Payment Plan $6.035.78 Annual Total $5,643.31 $22,573.22 Excluded: Remote programming changes billed at current rates. On -site moves, adds, and changes are billable at current rates. Damage or service necessitated by customer's neglect Service by personnel other than ATI Misuse, fire, and Acts of God Software Backups, Headsets and Batteries •Refer to actual agreement forcontrolling Iluig language. Customer Signature Date MITEL Platinum Maintenance Agreement Hours: Service will be provided 24 hours per day, seven days per week including holidays Your Platinum Mlintenance Agreement Includes: 2 Assigned Account Manager Priority service over non -maintenance agreement accounts Regular customer satisfaction checks Material and labor coverage W Two hour response time on major system failure Adds, Moves and Changes billed *from $105.00/first hour, $44.00 per half hour thereafter 1 Remote Maintenance/Technical Telephone Support is covered Remote Maintenance Adds, Moves and Changes are billed at $48.00 per half hour 10% discount on parts for Adds, Moves and Changes All contact with the telephone company, including ordering services, placing trouble reports and follow-up will be done by Accurate Telecom. All Telco related service issues are covered under Platinum Maintenance Agreement Four hours of training per year * Work on I'oice Mail or ('. 7:1. equipnteni priced per our cin-rent discozrn/ecl vale for support plan c•t,.sloiners. 16108 (ovello Street * Van Nuys, (A 91406 * 1-818-997-6700 * fox 1-818-119.6114 0 www.occurote telecom.eom SUPPORTING DOCUMENTS 4 1 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk Chief Executive Officer of Light & Power FAX: (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 25, 2004 Accurate Telecom Inc. 16108 Corvello Street Van Nuys, CA 91406 Attn: K.C. Jones, President ERIC T. FRESCH City Attorney FAX: (323) 826-1439 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 SOL BENUDIZ Police Chief FAX: (323) 826-1481 LEWIS J. POZZEBON Director of Environmental Health FAX: (323) 588-4320 Re: Amendment No. Two to Equipment Maintenance Agreement Dear Mr. Jones: Transmitted herewith is a duplicate original of the above referenced amendment approved by the Vernon City Council on August 18, 2004. If you have any questions regarding this matter, please call Mr. Dolores Jaunzemis at (323) 583-8811 ext. 234. Very truly yours, ,Auto LRao, Gloria Molleda Assistant City Clerk CC: Greg Tsujiuchi Dolores Jaupaemis t No. 8522 Agreement No. 04-077 1 AMENDMENT NO. TWO TO EQUIPMENT 2 MAINTENANCE AGREEMENT 3 4 THIS AMENDMENT NO. TWO TO EQUIPMENT MAINTENANCE AGREEMENT is 5 made, entered into and executed in duplicate ori ginals, ginals, either copy of 6 which may be considered and used as the original hereof for all 7 purposes, as of this 18th day of August, 2004, in the City of Vernon, 8 County of Los Angeles, California 9 BY AND BETWEEN THE CITY OF VERNON 10 (hereinafter referred to as the "City") 11 4305 Santa Fe Avenue Vernon, CA 90058 12 AND ACCURATE TELECOM INC. 13 (hereinafter referred to as "ATI") 14 16108 Corvello Street Van Nuys, CA 91406 151 RECITALS 16 WHEREAS, the City and ATI are parties to an Equipment 17 Maintenance Agreement No. BR7656 dated or about August 15, 2002 18 (hereinafter referred to as the "Agreement") for maintenance support 19 services of the City's Mitel Telephone System; and 20 WHEREAS, City and ATI desire to amend the Agreement to 21 extend the term of the Agreement from July 1, 2004 through and 22 including June 30, 2005; and 23 WHEREAS, ATI's annual compensation under the Agreement was 24 for the sum of $20,715.30; and 25 WHEREAS, the City and ATI desire to modify the compensation 26 for the extended time period to a sum not to exceed $23,000.00, with 27 the first quarterly payment in 2004 being prorated accordingly; and 28 / / / 1 WHEREAS, Section 11 of the Agreement provides for amendments 2 and modifications to the Agreement. 3 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET 4 FORTH HEREIN: 5 SECTION 1: Section 1 of the Agreement entitled SERVICE is 6 hereby amended to read as follows: 7 The total amount to be paid to ATI under this Agreement 8 during the time period July 1, 2004 through June 30, 9 2005 shall not exceed an annual total amount of Twenty- 10 Three Thousand Dollars and No Cents ($23,000.00), in 11 accordance'with the Platinum Maintenance Plan for Mitel 12 SX-2000 PBX which is attached hereto as Exhibit "A" and 13 made a part hereof. The first quarterly payment due 14 for the period July 1, 2004 through September 30, 2004 15 shall be prorated. 16 SECTION 2: Section 3 of the Agreement entitled TERM AND 17 RENEWAL is hereby amended to read as follows: 18 ATI's services shall be extended from July 1, 2004. 19 The extension period will commence on July 1, 2004 and 20 shall continue until June 30, 2005. 21 SECTION 3: In all other respects, the terms and conditions 22 of the Agreement shall be renewed in its entirety. 23 24 25 26 27 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11'. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FO ER RESCH, City Attorney CITY OF VERNON ONIS C. MALB RG, Ma or ACCURATE TELECOM INC. A Calif rnia Corporation By: — K.C. Azies Title: President By: Title: Corporate Secretary - 3 - PLATINUM MAINTENANCE PLAN for MITEL SX-2000 PBX CustomerE43O5 Of Vernon . AddressSanta FeAvenue City Vernon Phone No. (323) 583-8811 Contact lGenron NJ; — Date of Inventory 4/30/04 State CA Zip 90058 Fax No. 1(323) 826-1433 Mitel System ConS�ct—it— -2000 L No. of Cards Ports per Total Type of Card Monthly Extended i Card Ports Attendant Console(Superconsole) 4 $/Port Mo. Price 5 ONS Analog Line Card 4 2.63 10.52 1 LS/GS Digital Trunk Card 16 80 2.63 210.40 16 Digital (DNIC) Line Card 8 8 2.63 21.04Dual Link PRI 6 1256 2.63 673.28 48 IP Licenses 48 96 2.63 252.48 0 80 2.63 210.40 Total System Ports & Monthly Total 524 Annual Maintenance for Mitei $2.63 S1,378.12 q R! R R R R R g R A R R R RR R t R R Total.U+nttalM , S16,537.44 amtenance uureased die to adding the following: (1) OAT Card and (1) DMCCard for a total of 32 PBXPortx Warrmrgr pd3 to 3/13/04 Cards wire added on and the Qaaell 102488, P.O.9 000004965 C"call Managanent System was added to the maWenance agreemad coverage Peri heral E ui ment Invento Ports/ Monthly Type of System/Equipment Annual Extended l Quantity S/Port Active Voice R Active Repartee VP Voice Mail S/Port Price 1 12 25.00 grog . System 300.00 3,600.00 l Tapit-Not Call Accounting 254.00 1 Crytycal W Management .600.00 l OPS Manager 594.00 l Alpha CFR2000 Battery Back Up (City Hall - Batteries Exclude 600.00 l Back U Alpha CFR600 Battery p (Fire Station 1- Batteries Excluded) 257.58 130.20 Annual Cost for Peripheral Equipment $6,035.78 Mitel Annual Maintenance Peripheral Equipment Maintenance $16,537.44 Quarterly pa Payment Plan $6 035.78 Annual Total S5,643.31 S22,573.22 Excluded: Remote programming changes bled at current rates. On -site moves, adds, and changes are billable at current rates. Damage or service necessitated by customer's neglect Service by Personnel other than ATI Misuse, fire, and Acts of God Software Backups, Headsets and Batteries 'Refer to actual agreement for control ling language. Customer Signature Date MI TEL Platinum Maintenance Agreement Hours: Service will be provided 24 hours per day, seven days per week including holidays Your Platinum Maintenance Agreement Includes: Assigned Account Manager Priority service over non -maintenance agreement accounts Regular customer satisfaction checks Material and labor coverage Two hour response time on major system failure Adds, Moves and Changes billed *from $105.00/first hour, $44.00 per half hour thereafter Remote Maintenance/Technical Telephone Support is covered Remote Maintenance Adds, Moves and Changes are billed at $48.00 per half hour 10% discount on parts for Adds, Moves and Changes All contact with the telephone company, including ordering services, placing trouble reports and follow=up will be done by Accurate Telecom. All Telco related service issues are covered under Platinum Maintenance Agreement. Four hours of training per year * Work on Voice Allail or ('_ T I. equipment priced per Our curre w disconlited vale for siippor! plan crrs1012jers. 16108 Covello Street 0 Van Nuys, CA 91406 • 1-818-997-6700 0 fox 1-818-779-6114 0 www.occurotetelecom.com