HomeMy WebLinkAboutAgenda Report - February 2, 2005 E-07AGENDA ITEM EWI
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt resolution authorizing the City Manager to execute a one-year contract for
telephone switch maintenance service and repair with NextiraOne LLC
($21,203.51) (ISD)
MEETING DATE: February 2,2005
PREPARED BY: Information Systems Manager
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute a one-
year contract for telephone switch maintenance service and repair
with NextiraOne LLC ($21,203.51)
BACKGROUND INFORMATION: Due to the critical nature of certain key elements within the City's
Telephone System, it is imperative that the City maintain a rapid -
response service contract with a reliable service provider to assure
maximum telephone uptime.
During the current fiscal year, NextirOne has provided coverage under such a contract. NextiraOne was
selected as the maintenance service provider for the City's premise telephone equipment for several
reasons. First, NextirOne was involved in the original design, upgrade and installation of the core
telephone systems, and has in-depth knowledge of its configuration and operation. This knowledge is
particularly critical in the Police, Fire and Electric Utility Departments, where downtime would paralyze
those Department operations. Second, NextirOne is a Nortel Networks Certified Partner and an Adtran
Certified Provider, and both certifications apply to the City's equipment. Certification is indicative of a
provider's knowledge and understanding of a manufacturer's design, operation, and integration of key
components of a telephone network. Third, NextirOne service contract prices have been, and continue to
be, fair and reasonable. The contract is for 12 months with the option to automatically renew for one
additional year:
2 TERMAND RENEWAL OPTIONS. The term of thisAgreement shall commence on 12/20/2004
(the "EffectiveDate'), and will continue twelve (12) months thereafter following the Effective Date ("Term'),
and this Agreement shall apply to any Orderplaced during the Term, even if performance extends beyond
the Term. if neither Customernor NextiraOneprovides the other written notice of cancellation at least thirty
(30) days prior to the end of the Term or the end of the term of any Orderplaced hereunder, the Term or
the term of such Order, as applicable, will automatically renew for an additional period of one (/)
year at NextiraOne's then current time and material rate(s).
The contract combines maintenance service and repair for three critical telephone PBX (private branch
exchange) switches located at the Public Safety Building, Municipal Service Center and the Fire
Administration/Parking Structure. The Nortel Networks Option 21 PBX located at the Municipal Service
Center is over 13 years old and is no longer supported by the manufacturer (as of 2002). Two years ago
NextiraOne came forward and was willing to provide maintenance coverage on the old telephone switch
while most other companies said they would not. NextiraOne has proven their product knowledge by
APPROVED:
Blair K1SjrZiiy Manager
providing consulting and engineering on the City's behalf when low -bid contractors have failed to
program and integrate new telephone equipment. They have also proven that they maintain the parts -
on -hand to make necessary repairs to our older systems.
Telephone Switches
on Maintenance
Main Option I I c PBX (6 years old)
210W. Elm Street
(Civic Center and
H.S.S. Community Center)
Option 21 PBX (over 13 years old)
1331 South Ham Lane
(Municipal Service Center)
Mini -Option I I c (2 years old)
25 E. Pine Street
(Fire Administration)
Annual Totals
2005
2004
Annual
Annual
Maintenance
Maintenance
$14,026.14
$14,032.62
$5,318.73 $3,770.05
$1,858.34 n. a.
$21,203.21 $17,802.67
This contract is for telephone PBX switch -only maintenance and repair, and does not include repairs to
telephones sets or inside wiring (The City purchased refurbished replacement phone sets as needed.)
The service maintenance contract is attached for your information.
FUNDING: Telephone Budget (Fundi g Available)
mes R. Krueger, Finance Director
Respe ally miffed
Stepheh'MaW VvVV
Information Systems Man ger
Prepared by Mark White, Information Systems Coordinator
cMW
cc Joel Harris Purchasing Officer
Steven Schwabauer, City Attorney
W'Z %
nexhraOne
Support and Managed Services Agreement
I. AGREEMENT. This Support and Managed Services Agreement (as
defined below) between you ("you" may also be referred to as "Customer") and
the applicable NextiraOne operating entities (herein, "NextiraOne") sets forth the
legal rights and obligations govern ing your orders for the purchase of the services
described herein. Customer represents that it owns or leases certain
communications and/or Intemetworking electronic equipment and sublicenses the
associated software ("Software") (collectively, the "System")as described in the
attached Customer Inventory Schedule(s). Customer may order from NextiraOne
managed services, including maintenance services, for the System pursuant to the
selected Service Plan(s) (as defined in Section 5 below) and as set fonh at
(www.nexthaone.con>ruslconlracttemis) (hereinafter referred to as either
"Managed Services" or `Maintenance" as appropriate or collectively "Service" or
"Services"). NextiraOne agrees to furnish such requested Services far the System.
The System and its locations) (the "Premises")are described in the Order Form,
as defined below, and the Customer Inventory Schedule(s). The Customer will be
provided Services by NextiraOne, LLC and/or its applicable subsidiaries and
affiliates, while all work performed for Customer in California will be performed
by NextiraOne California, LP and work performed in Alabama, Arkansas, Florida,
Mississippi and Tennessee will be performed by NextiraOne Installation, LLC.
This Support and Managed Services Agreement consists of these terms and
conditions, a signed order forin(s), applicable Scope of Work, Customer Inventory
Schedule(s), a selected Service Plan (as defined in Section 5), general terms and
conditions ('General Terms"). supplemental service terms and conditions
("Additional Terms" as defined in Section 10 below), both sets of such terms are
set forth at (www.nextiraone.comlus/contractterms) (all collectively, and as
applicable. the "Terms and Conditims"), and applicable Software license
(collectively. the "Agreement"). Customer order(s), including the initial order as
identified herein (collectively the "Order"), shall be incorporated into this
Agreement by reference during the Term (as defined below) of this Agreement.
Such Orders shall be set fonh an a subsequent Order Form signed by the
Customer in the form as set forth at(the
"Order Form"). A Scope of Work and/or Service Plan, if applicable, shall be
attached to the Order Form and shall be deemed incorporated into this Agreement.
2. TERM AND RENEWAL OPTIONS. The term of this Agreement
shall commerce on 12/20/2004. ( the "EffectiveDate"), and will continue twelve
) months thereafter following the Effective Date ("Term"); and this Agreement shall
apply to any Order placed during the Term. even if performance extends beyond
the Term. If neither Customer nor NextiraOne provides the other written notice of
cancellation at least thirty (30) days prior to the end of the Term or the end of the
term of any Order placed hereunder, the Term or the term of such Order, as
applicable, will automatically renew for an additional period of one (I ) year at
NextiraOne's then currenttime and material rate(s).
3. SERVICE FEE. The price for Managed Services and/or Maintenance,
excluding applicable taxes, is set forth on the Order Form (the "Service Fee"). The
Service Fee, plus all applicable taxes, is due annually in advance, unless otherwise
agreed in writing by the parties NextiraOne may assess a processing fee for
periodic billings. Customer is responsible for all applicable taxes. shipping,
handling and other charges applicable to the Services provided under this
Agreement. Customer agrees either to pay to NextiraOne the amount of all
applicable taxes or to provide evidence of its tax exempt status no later than the
date of any Order. If safes or use taxes are not invoiced or collected, and it is later
determined that sales or use taxes apply, Customer agrees to pay such taxes, with
any interest or penalties. All charges are due on receipt of invoice. Service Fees
received more than thirty (30) days after billing are subject to a late payment
charge the lesser of one and one-half percent (1.5%) for each thirty (30) day
period that they remain unpaid or the maximum permitted bylaw. Customer shall
not be relieved of its payment obligations due to the failure of any third patty to
make timely payments,
4. SERVICE FEE ADJUSTMENTS. NextiraOne may increase the
Service Fee for additions to or moves of components of the System and additions
or changes to the configuration of a component of the System. including any
upgrades and new peripheral devices ("Modifications"). Modifications shall be
procured and subject to a separate written Order between the parties. Additional
equipment purchased from NextiraOne and added to the System ("Additions")
shall be procured and subject to a separate written equipment purchase agreement
between the parties. In such Orders, Customer will provide a written statement
setting forth Uie location of additional items of equipment. quantity. description.
serial number and pan number. Any necessary adjustment to the Service Fee will
be set forth on an explanatory document or quotation issued by NextiraOne. All
Modifications and/or Additions shall he included in the service coverage provided
by this Agreement and shall be subject to the Terms and Conditions of this
Agreement and he co -terminus with the Term of the applicable Order. NextiraOne
will maintain Modifications per#brmed by a party other than NextiraOne only if
Customer's modified system is certified by NextiraOne at Customer's expense to
be operating in accordance with manufacturer's standards for service and
maintenance. Customer agrees to pay NextiraOne's then current time and
materials rates for such certification efforts in the event NextiraOne agrees to
maintain such Modifications. Customer hereby acknowledges that Modifications.
including software upgrades, performed or supplied by unauthorized distributors
may result in: (i) a denial of the warranty services from the manufacturer of the
System; (ii) a denial of the Maintenance from NextiraOne; or (iii) voiding of the
Software license. Any Additions and/or Modifications performed by NextiraOne
require a separate Order.
S. MANAGED SERVICES AND MAINTENANCE OBLIGATIONS.
NextiraOne's Managed Services and post -warranty Maintenance obligations shall
be as defined in the General Terms. the Scope of Work and the Customer selected
service plan found at (www.nextiraone.com/usleontracttermsl (`Service Plan").
6. LIMITATION OF LIABILITY ANS INDEMNIFICATION. (A)
IN NO EVENT SHALL NEXTIRAONE BE LIABLE FOR: (i) ANY INDIRECT,
SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES; (ii)
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
COMMERCIAL LOSS OF ANY KIND WHICH INCLUDES LOSS OF
BUSINESS, PROFITS, REVENUE OR SAVINGS, AND LOSS OF DATA OR
MESSAGES; OR (iii) ANY DAMAGES OF ANY KIND RESULTING FROM
UNAUTHORIZED USE OF THE SYSTEM, INCLUDING, WITHOUT
LIMITATION, TOLL FRAUD OR COMPUTER VIRUSES. THIS PROVISION
APPLIES TO ALL CLAIMS WHETHER BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND WHETHER
NEXTIRAONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS, WITH RESPECT TO ANY CLAIM FOR DIRECT
DAMAGES, THE ENTIRE LIABILITY OF NEXTIRAONE FOR CLAIMS
ARISING UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT
SHALL NOT EXCEED EITHER THE VALUE OF THE ORDER GIVING
RISE TO THE CLAIM OR $1,0005000, WHICHEVER IS LESS. (B)
NextiraOne shall be liable for any physical damage it causes to the System or its
components due to its gross negligence or willful misconduct. In such event.
Customer's sole remedy shall he limited to NextiraOne's repair of the System or
component, or if the System or component cannot be repaired. as determined by
NextiraOne in its sole discretion, replacement with a comparable System or
component or a prorated refund. (C) Each party shall defend, indemnify and hold
harmless the other party, and its respective directors, officers, trustees, members.
employees and agents from and against any third party claim, suit, action or
proceeding alleging bodily injury (including death) or damage to tangible property
to the extent such injury or damage is caused by the gross negligence or willful
misconduct of the indemnifying party, its employees, subcontractors or suppliers
in connection with the performance of Services or the unauthorized disclosure or
use of any Confidential Information, as defined in the General Terms, under this
Agreement, provided that such claim is promptly reported to the indemnifying
party inwritinp.
7. SERVICE EXCLUSIONS. (A) Services do not include repairs or
replacements necessitated by (i) fire, explosion, power irregularities. power
surges, acts of God, including, without limitation, earthquakes, rains, floods or
lightning, or any other cause not attributable to NextiraOne or a defect in the
System that is not eligible for Service under the Scope of Work or applicable
Service Plan; (i i) deterioration of materials which, by their nature, have a limited
shelf life (including, without limitation, batteries); (iii) Customer's failure to
follow Operation, maintenance, warranty, or environmental requirements described
in any of the manufacturer's manuals or product bulletins. or in NextiraOne
manuals and other documentation provided to Customer; (iv) Customer's
addition(s), alteration(s), modification(s), enhancement(s) or repair(s) to. or
disassembly of, the System; (v) damages resulting from mishandling, abuse, or
misuse of the System by Customer or a third party; (vi) relocation of the System
without NextiraOne's written consent (other than telephones relocated in
accordance with the manufacturer's specifications); (vii) failures or required
changes resulting from the local exchange company, interexchange carrier. the
NextiraOne CONFIDENTIAL
Rev. 5 (Effective Page I of 2
October 1. 2004) City of Lodi (I2.16.2004arl)
Support and Managed Services Agreement
power company or other transmission providers, or (viii) my other service not
required to keep the System in good operating condition for normal use. (B)
When NextiraOne determines that the System, any System component. or
operating System software or application Software can no longer he effectively
maintained far any reason, including but not limited to. usage, environmental
conditions. or lack of readily available replacement parts ov Saftware, NextiraOne,
shall inform Customer and reserves the right to cancel, in whole or in part, its
Service obligations for a System, any System component, or operating System
software or application Software if NextiraOne determines, in its commercially
reasonable discretion. that it is unable (on commercially reasonable terms) to (i)
continue to provide the Services, or (ii) obtain replacement parts for the System.
operating System software or application Software. In such event. if NextimOne
cancels Service. NextiraOne shallprovide Customer a prorated refund.
8. LIMITED WARRANTY. NEXTIRAONE WARRANTS THAT
WORK PERFORMED UNDER THIS AGREEMENT SHALL BE DONE IN A
GOOD AND WORKMANLIKE MANNER AND BE FREE FROM MATERIAL
DEFECTS FOR A PERIOD OF THIRTY (30) DAYS FROM DATE OF
PERFORMANCE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR
BREACH OF SUCH WARRANTY SHALL BE CORRECTION OF THE
DEFECT B)' NEXTIRAONE AT NEXTIRAONE'S EXPENSE. THIS
AGREEMENT EXCLUDES ALL OTHER EXPRESS WARRANTIES AND
ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE WARRANTIES OF NONINFRMGEMENT. MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PIJRPOSE. NEXTIRAONE
DISCLAIMS ANY WARRANTY FOR SECURITY, OR TO PREVENT
UNAUTHORIZED USE OF OR INTRUSION INTO THE SYSTEM,
INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COMPUTER
VIRUSES AND TOLL FRAUD.
9. TERMINATION. (A) The non -breaching party may terminate this
Agreement andlor any outstanding Order Form and/or pursue its remedies in law
or equity, except as otherwise limited by this Agreement, in the event that: (i) a
party fails to make any payment when due and fails to cure the nonpayment within
seven (7) days of written notice; (ii) a party commits a material breach of this
Agreement (other than a breach for nonpayment) and fails to cure that breach
within thirty (30) days following receipt of written notice describing the breach:
(i i i) Customer either refuses to permit NextiraOne to perform its obligations under
this Agreement. or acknowledges its intent to terminate or cancel this Agreement
or an y Order Form or terminates or cancels this Agreement or any Order Form for
any reason other than a default by NextiraOne under this Section; or (iv) a party
ceases doing business or commences dissolution or liquidation proceedings. In
addition to any other rights or remedies set fonh herein, in the event Customer
defaults under this Agreement or any Order, Customer's prepayment shall be
nonrefundable. In the event Customer defaults under this Agreement or any
Order, and Customer has not prepaid for the entire term of the Order, Customer is
liable for the amount equal to the remaining monthly or quarterly Service Fee
multiplied by the number of months or quarters remaining in the term of the
terminated Order. (B) The aggrieved party may suspend performance of its
Obligations under this Agreement or any Order placed hereunder during the cure
period for any breach described above. (C)NextiraOne reserves the right to
suspend performance under this Agreement or an Order if. in NextiraOne's sole
discretion, required by regulation. statute, judicial action or other applicable legal
requirement. (D) Termination of this Agreement shall not relieve either party of
its respective obligations to comply with all terns of this Agreement that
expressly call for performance prior or subsequent to the termination date,
including without limitation, the parties' respective obligations to protect
proprietary and confidential information. (E) It is agreed that NextiraOne's or
Customer's damages in the event of breach are difficultor impossible to asoertain.Th e
provisions in Sections 613, 7(B), and 9(A)(iii) are intended, therefore, to establish
liquidated damages in the event of cancellation and are not intended as a penalty.
10. SUPPLEMENTAL TERMS. The supplemental Service terms and
conditions applicable to certain NextimOne Service offerings are listed at
(www.nextiraone,com/us�iontracttemts) (the "Additional Terms"). Only the
supplemental Service terms and conditions for Services ordered or used by you are
applicable.
11. GENERAL PROVISIONS. (A) Order of Precedence. In the event
of any conflict benveen the Terms and Conditions, Scope of Work, exhibits,
attachments or Orders the order of precedence shall he: (i) these terms and
conditions; (ii) the Additional Terms; (iii) the General Terms: (iv) the Scope of
Rev, S (E(icctive
October 1,2004)
Work; (v) Service Plan(s); (vi) any Order; and (vii) any other attachments and/or
exhibits. (B) Governing Law. The laws of the State of California shall govern
this Agreement without regard to its choice of laws principles. (C) Non -
Solicitation and Non -Hire. Customer, including its subsidiaries and affiliates,
shat) neither directly nor indirectly solicit, hire or contract with any NextiraOne
employee(s) performing work for Customer under this Agreemem during the
Term of this Agreement and for one (1) year after termination or expiration. (D)
Execution. This Agreement may be executed contemporaneously in one or more
counterparts, each of which shall be deemed an original, but which together shall
constitute one instrument. In addition, the parties may rely on a facsimile
transmission of the other party's authorized signature to bind the other party.
Customer agrees to send an original to NextimOne. (E) Consent to URL Sites.
YOU HEREBY CONSENT TO THE INCORPORATION OF THE
APPLICABLE TERMS AND CONDITIONS, SOFTWARE LICENSES AND
SERVICE PLAN(S) POSTED AT (www.ncxtiraone.com/us/contraettcrms). THE
TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS
REQUIRED BY LAW. YOU AGREE TO BE BOUND BY SUCH CHANGES,
AS THEY PERTAIN TO THE PARTICULAR SERVICES YOU CHOOSE
NOW OR MAY CHOOSE IN THE FUTURE. IF SUCH CHANGES ARE NOT
MANDATED BY LAW, SUCH CHANGES SHALL NOT BE APPLICABLE
TO CUSTOMER. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
IN NO CASE SHALL ANY CHANGE DIMINISH ANY APPLICABLE
SERVICE LEVEL AGREEMENTS ENTERED INTO AT THE TIME OF THE
ORDER. YOU AGREE THAT ACCEPTANCE OF THIS AGREEMENT
CONSTITUTES CONSENT TO THE USE OF ELECTRONIC RECORDS. (F)
Merger and Modification. This Agreement supersedes and replaces in its entirety
any document executed previously or contemporaneously to this Agreement, all
prior or contemporaneous proposals, communications and negotiations, both oral
and written, relating to the subject matter of this Agreement and constitutes the
entire agreement between NextiraOne and Customer with respect to the subject
matter herein. No usage of trade or course of dealing by or between the parties
shall be deemed to constitute any modification or amendment of the terms of this
Agreement. No subsequent agreement among the patties concerning the Services
shall be effective or binding unless it is made in writing and executed by authorized
representatives of the parties. Neither electronic mail nor instant messaging shall be
considered a `writing" sufficient to change, modify, extend or otherwise affect the
temts of the Agreement. If, at Customer's request, NextiraOne delivers additional
Software, Managed Services or Maintenance, or provides time and materials
Services or other incidental Services relating to the System, the terms of this
Agreement will govern. Any representations, warranties or statements made by
any employee, salesperson or agent of NextiraOne and not expressed in this
Agreement are expressly not a part of this Agreement and shall not bind
NextiraOne.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he
executed by their duly authorized representatives as set forth below.
City of Lodi ICUSTOMERI
By:
Name.
Title:
Date:
Blair King
City Manager
NEXTIRAONE, LLC on behalf of itself and/or its applicable subsidiary
oraftiliate
By:
Name:
Title:
Date:
Approved as to form:
4D`:` tephe Schr�a�auer
City Attorney
Altesl:
NextiraOne CONFIDENTIAL
Susan 3_ Blackston
City Clerk Page 2 of 2
City of Lodi (I2.16.2004arl)
ORDER FORM
customer Initials
Page 1 of 2
Customer Name ("Customer"):
City of Lodi
NextiraOne, LLC and lor the applicable NextiraOne, LLC
subalidliiry or affiliate as identified in the Agreement
r Adds/Upgrade to Existing System
("NextiraOne"
r Installation Services
2800 Post Oak Blvd., Suite 200
State of Incorporation: CA
Houston, TX 77056
600lo of System Price due at Delivery
(713) 307-4000
Principal Address:
Billing Address:
SEE MASTER EXHA
°.O Box 3006
City: SEE MASTER EXHA State: SEE Zip: SEE
City: Lodi State: CA ZIP: 95241
MASTEREXHA MASTEREXHA
Other:
Tax I D No. �iiiol) -33 07-$ CA illlj r*
The terms of Agreement shall govern this Order.
TM €q" tutus r Yes F No 14 -6 000 36 1 F:Sb
If "Yes" (exempt) Certificate of Tax Exemption MUST be attached to
Effective Date of Agreement: SEE MASTER EXHA F7 MOA
Order.
Customer Purchase Order Number: (if applicable)
Customer Number/Project Order Number: (internal use only)
50% of System Price due at Delivery
SEE MASTER EXHA / SEE MASTER EXHA
Other'.
Date of Order Farm is Represented by the Customer
of Order:
FSELE
Signature Date Set Forth Below
MASTER EXHA - SEE MASTER EXHA
sinal Configuration date:
customer Initials
Page 1 of 2
Select all that appiy:
W New Systems and/or Services
r CCAT Services
r Adds/Upgrade to Existing System
r Other:
r Installation Services
If th"ystem pri a is a A]for greater than $75rGOO
customer Initials
Page 1 of 2
Payment Terms: (excluding applicable taxes and shipping)
Data:
Voice:
Payments are due upon receipt of invoice. Charges for installation
If th"ystem pri a is a A]for greater than $75rGOO
and implementation services are invoiced upon completion,
25% of System Price due at Customer signing
600lo of System Price due at Delivery
Other Payment Terms:
15% of System Price due at Cutover
due at Delivery
Other:
due at Cutover
If the system price is less than . 7$ 5.000;
501/0 of System Price due at Customer signing
Other:
50% of System Price due at Cutover
Other:
Requested On -Site Date:
For drop -ship orders:
50% of System Price due at Customer signing
Late payments may result in suspension of work and in installation
50% of System Price due at Delivery
and delays.
Other'.
Anticipated Deiivery Date:
Anticipated Cutover Date:
sinal Configuration date:
Late payments may result in suspension of work and in installation
delays.
customer Initials
Page 1 of 2
ORDER FORM
W
r
nexhraOne
SECTION E: ATTACHMENTS
r Scope of work (Product & Managed Services r Tax Exemption Certificate
r Customer Inventory Schedule(s) Lease/Financing company documentation
I software License r Other:
SECTION F: SIGNATURES
Customer: City of Lodi
NextiraOne, LLC and/or its applicable Subsidiary or Affiliate
BY:
BY:
TITLE: Cit Maria er TITLE:
[ATE:
Page 2 of 2
RESOLUTION NO. 2005-21
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
ONE-YEAR CONTRACT FOR TELEPHONE SWITCH
MAINTENANCE SERVICE AND REPAIR
WHEREAS, Lodi Municipal Code §3.20.070 authorizes dispensing with bids for
purchases of supplies, services, or equipmentwhen it is in the best interest of the City to
do so: and
WHEREAS, due to the critical nature of certain key elements within the City's
telephone system, it is imperative that the City maintain a rapid -response service
contract with a reliable service provider to assure maximum telephone uptime; and
WHEREAS, NextiraOne has provided coverage under such a contract during the
current fiscal year and was selected as the maintenance service provider for the City's
premise telephone equipment for several reasons:
1� NextiraOne was involved in the original design, upgrade, and installation
of the core telephone systems and has in-depth knowledge of its
configuration and operation with this knowledge being particularly critical
in the Police, Fire, and Electric Utility Departments, where downtime
would paralyze those department operations; and
2) NextiraOne is a Nortel Networks Certified Partner and an Adtran Certified
Provider, and both certifications apply to the City's equipment.
Certification is indicative of a provider's knowledge and understanding of
a manufacturer's design, operation, and integration of key components of
a telephone network; and
3) NextiraOne service contract prices have been, and continue to be, fair
and reasonable. The contract is for 12 months with the option to
automatically renew for one additional year.
WHEREAS, the contract combines maintenance service and repair for three
critical telephone PBX (private branch exchange) switches located at the Public Safety
Building, Municipal Service Center, and the Fire Administration/Parking Structure; and
WHEREAS, the Nortel Networks Option 21 PBX located at the Municipal Service
Center is over 13 years old and is no longer supported by the manufacturer as of 2002;
and
WHEREAS, NextiraOne came forward two years ago willing to provide
maintenance coverage on the old telephone switch when no one else would and has
proven its product knowledge by providing consulting and engineering on the City's
behalf when low -bid contractors have failed to program and integrate new telephone
equipment; and
WHEREAS, NextiraOne LLC maintains parts -on -hand to make necessary
repairs to our older systems, and, therefore, it becomes critical not to take the lowest
bidder for telephone maintenance.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a one-year contract for telephone switch
maintenance service and repair with NextiraOne LLC in the amount of $21,203.51.
Dated: February2, 2005
----------------
I
----------------
hereby certify that Resolution No. 2005-21 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 2, 2005, by the following
vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
SUSAN J. BLACK ON
City Clerk
2005-21