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HomeMy WebLinkAbout1996-112 I - Ie re . RESOLUTION NO. 96-112 APPROVAL OF AGREEMENTS BETWEEN CITY OF STILLWATER AND TEL TRONIX INFORMATION SYSTEMS, INCORPORATED AND WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Agreement with Teltronix Information Systems, Incorporated, for purchase and installation of telecommunications system for City Hall/Fire Department building project (attached hereto as Exhibit A) and the Agreement with Washington County for Consulting Services, (attached hereto as Exhibit B) are hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 7th day of May, 1996. J~ ATTEST: <<fb Lf)~ 1dn-, Modi eldon, City Clerk Jr TELTRONIX INFORMATION SYSTEMS, INCORPORATED I CITY OF STILLWATER OPERATING AGREEMENT This agreement is made and entered into this 7th day of May 1996, between the City of Stillwater, through its affiliation with Washington County and its Information Services Department, 212 North Forth Street, Stillwater, Minnesota 55082 (hereinafter the City) and Teltronix Information Systems, Incorporated, 1230 Eagan Industrial Road, Suite 120, Eagan, Minnesota 55121 (hereinafter Teltronix). WITNESSETH WHEREAS, city of Stillwater is in need of contract services for cable, installation, cable removal, and associated repairs, basic level voice, data, technical support, and engineering services in its City Offices as a local government under the existing Washington County contract, and, WHEREAS, Teltronix represents that it is qualified and willing to provide these services, and, WHEREAS, City of stillwater wishes to purchase these services on an as needed basis from Teltronix, NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I. Term of Aqreement This agreement begins on May 7, 1996, and terminates May 6, 1996. It may be terminated at any time with out cause by either party, by giving thirty (30) calendar days written termination notice to the other party. In the event of termination, Teltronix shall be paid pursuant to Section V for services rendered up to the date of such termination and not thereafter. Upon termination of this agreement, each party shall promptly return to the other, all data, programs, materials, and other properties the other held by it in connection with the performance of this agreement. Each party shall assist the other in effecting an orderly termination of this agreement. ~ II. Service Teltronix shall furnish qualified workers to perform cable installation, cable removal, related repair work, voice, data, technical support, and engineering services as the City of Stillwater may from time to time require. Copies of training certificates to perform such work will be provided to the City of Stillwater when requested by the City Administrator or Project Manager. Service frequency will be arranged with Teltronix representatives on an as needed basis. The City of Stillwater may, at it's discretion request Teltronix personnel to perform at the current hourly service rates as set forth in section IV of this agreement for service requested. Teltronix personnel may, from time to time, make suggestions for improvements to the systems and inform the City of Stillwater of current requirements and software levels for equipment software. Cable and technical services will be coordinated by Barb White/Project Manager, Washington County Information Services through a cooperative effort with the City of Stillwater. As cable work is completed, it shall be inspected by the City of Stillwater Building Inspector and Barb White Project Manager. Their approval to work completed shall be a condition precedent to payment of the Teltronix invoice to the City of Stillwater. III. Material The City of Stillwater may, at its discretion, purchase any parts or supplies required for its jobs either from Teltronix or from other sources and provide these parts to Teltronix. IV. Cost The City of Stillwater will pay Teltronix on a time and materials basis. Cable Installers: Regular Time: Monday - Friday - 8 Hours Overtime: Monday - Friday, between 5 & 7 PM All Weekends and Holidays $ 30. DO/Hour $ 45.00/Hour Technicians: Regular Time: Monday - Friday - 8 Hours Overtime: Friday between 5 & 7 PM All Weekends & Holidays $ 35.00/Hour $ 52.50 See Attachment A for Cable Installers and Technicians work and job descriptions. There will be no additional administrative or other charges related to order processing. Teltronix will bill the City of Stillwater and show on each billing attachment who worked on the job, how may hours it took for each individual working a job, what supplies were used, and in which area work was completed. .tr V. Payment Teltronix shall invoice the City of stillwater after every two week period of service. Such invoice shall be due and payable within fifteen (15) days. In the event any invoice is not paid when due, Teltronix may, without limitation as to its remedies, at its discretion, with written notice to the City of stillwater, either suspend the furnishing of services or terminate this Agreement and the furnishing of services. VI. Standards Teltronix shall operate in compliance with accepted Telecommunication Industry Association (TIA) standards. The Customer is responsible for altering Teltronix-provided material to comply with its own standards. The City of Stillwater standards are that new cable being installed will be documented for input on as-built CAD drawings. All holes made for new cable will be fire stopped as work is completed. Requests for core drilling will be made to Barb White Project Manager, and will be scheduled with the City for appropriate contractors to complete. When old connectivity is moved to new cables and have been determined to be working correctly, old cable will be removed. When the old cable is removed all holes made by cable will be fire stopped and entire job inspected by the City of Stillwater Building Inspector and Barb White Project Manager prior to payment. Old cable is the property of the City of Stillwater, after old cable is removed shall be rolled and stacked neatly in a designated area for the City to recycle. VII. Warranty Teltronix shall use reasonable care in the installation and support of the City of Stillwater's systems. In no event shall Teltronix be liable to the City of Stillwater for any loss of profits, interruption of business, indirect, special, incidental, consequential, or exemplary damages. Teltronix warrants all cable work performed under this Agreement for three years. category five cable runs will be submitted by Teltronix to Nordex/CDT for their lifetime warranty/fifteen (15) year warranty on cable and hardware. VIII. Independent Contractor It is agreed upon by both parties that all times for all purposes that Teltronix employees and representatives are independent contractors and not employees of the City of Stillwater. IX. Insurance 1. Indemnity Teltronix does hereby agree that it will defend indemnify, and hold harmless the office of the City against all liability, loss, damages, costs, and expenses which the City may hereafter sustain, incur, or be required to pay by reason of any negligent act or omission or intentional act of the performance of this Agreement subject to the limitation provided in paragraph VII above. .... 2. Insurance Teltronix agrees, in order to protect itself and the city under the indemnity provision set forth above to at all times during the terms of this contract, have and keep in force a comprehensive general liability insurance policy with contractual endorsement in the minimum amount of Two hundred thousand dollars ($200,000.00) bodily injury or death of one person and Six hundred thousand dollars ($600,000.00) bodily injury per occurrence and Two hundred thousand dollars ($200,000.00) property damage. Teltronix further agrees to maintain workers compensation insurance in the statutory amounts. Certificates of insurance showing the coverage listed herein shall be provided to the City prior to the effective date of this contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed or not be renewed without thirty (30) days prior notice thereof to the City. X. Assiqnment Neither this Agreement nor any rights or obligations under this Agreement be assigned or otherwise transferred by either party without the prior written consent of the other, which shall not be unreasonably withheld. XI. Record Disclosures/Monitorinq Procedures Pursuant to M.S. Statute 16.B06, Subd. 4, the books, records, documents~ and accounting procedures and practices of Teltronix relevant to this agreement are subject to examination by the City and either the Legislative Auditor or State Auditor, as appropriate. Teltronix agrees to maintain these records for the period of three years from the date of termination of this agreement. XII. Requirement of a Writinq Any and all alteration, amendments, deletions, or waivers of this agreement shall be valid and enforceable only when they have been reduced to writing and duly signed by the parties. XIII. Entire Aqreement It is understood and agreed upon by the parties that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to subject matter hereof. The parities hereto revoke any prior oral or written agreement between themselves and hereby agree that this agreement is the only complete Agreement regarding the subject hereof. - ~~ XIV. Equal Opportunitv In accordance with the City's policies against discrimination, no person shall, on the grounds of race, color, religion, sex material status, sexual preference, public assistance status, or national origin, be excluded from full employment right in participation in, be denied the benefits of, be otherwise subjected to discrimination under any program, services or activity under the provisions of any and all applicable federal and State laws against discrimination. The provisions of Minn Statute 181,59 regarding nondiscrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of Teltronix. XV. Data Privacv All data collected, created, received, maintained, or disseminated or used for any purposes in the course of Teltronix's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and federal regulations on data privacy. The Contractor agrees to abide by these statues, rules and regulations as they may be amended. Teltronix Information Systems Incorporated City of Stillwater By: By: Jay Kimble, Mayor Joseph Jensen, Chief Executive Officer Date: Date: By: Nile Kriesel, Administrator Date: Approved as to Form: By: Date: ATTACHMENT A TELTRONIX TECHNICIAN JOB DESCRIPTION 1. Provide on-site service as needed Monday through Friday and overtime as requested by the City of Stillwater per agreement. 2. Install and provide electrical connections for LAX w~r~ng concentrators, PC's, printers, phones, and other miscellaneous equipment. 3. Install and/or move cross connects for individual workstations. 4. Troubleshoot and maintain facility databases including token ring addresses, terminal ID's MAU/Concentrator port numbers and all other pertinent information. 5. Troubleshoot voice and data service interruptions. 6. Coordinate with the Project Manager concerning upcoming workstation and department rewires. TELTRONIX CABLE INSTALLER JOB DESCRIPTION 1. All cabling will be installed using industry standard techniques. 2. All voice cables will be pair tested prior to being brought into service. 3. All data cables will be tested with hand held test equipment for Nordex/CDT Category 5 warranty compliance. 4. All fire barrier walls and floors will be sealed after installation or removal of cable. Electrical inspector will check firestop systems for code compliance. 5. Removal of any below code cabling found during an area upgrade or redesign. 6. Restore/maintain all office and work areas to the former clean condition. 7. WARRANTY: Teltronix Communications offers a 3 year limited warranty on all cable system installations. In addition, for systems using all Nordex/CDT components, Tetronix Communications and Nordex/CDT provide 15 year component and lifetime application warranties. f -..