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BILL NO. 91-34
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. 11601
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TOWNER
COMMUNICATION SYSTEMS FOR TELEPHONE SYSTEM MAINTENANCE.
y? BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Towner Communication Systems for telephone system
maintenance. The amount expended for the contract shall not exceed $6,369.00.
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: July 15, 1991 Approved: July 16, 1991
$ O
ayor
resi fficer
ATTEST:
City Clerk
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TELE COMMUNICATIONS SYSTEM MAINTENANCE CONTRACT
092
THIS CONTRACT is made and entered into this day of
1993, by and between the City of Jefferson, Missouri, a Municipal Corporation,
hereinafter ref "
erred to as "City," and Towner Communications System, hereinafter
referred to as "Contractor.
NOW, THEREFORE, in consideration of the covenant and agreements
hereinafter set forth, it is agreed as follows:
SCOPE OF WORK. The work of this Agreement consists of the
1. maintenance service the 'performance of authorized on site ot provided by Contractor's Telecommunications System. If the service is n at will be
company, the Contractor must provide the name of the organization that
responsible for the maintenance and the type of agreements the Contractor's company
has with said organization. The Contractor shall provide an emergency maintenance
twenty-four (24) hours per day, seven (7)
re than two (2) hours,
response of no more 'T
days per week. Response shall be defined as a qualified technician certified on the
installed equipment on site or the problem resolved. An emergency shall be
considered to exist when one or more of the following conditions exist:
A. Ten percent (10%) or more of trunks are inoperative. Inoperative shall
be defined as the inability to either originate or receive calls.
B. Five percent (5%) or more of lin es or stations inoperative. r l
C. Any attendant pos ition incapable of either answering or extending calls.
af
D. Any station(s) specifically desiged by the City as critical to the s ety
Jeffers City area.
of City personnel and the citizenatns oft e greater
E. Eighty-five percent (85%) of all other out-of-service trouble reports in
any month not requiring unusual repair shall be cleared within twenty
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four (24) hours from the time the report is received by the Contractor.
F. The Contractor must provide and maintain written assurance of
continuing engineering, spare parts, and back up support from the
equipment manufacturer.
G. The Contractor shall install and/or remove services and/or devices for
which a firm, fixed price has been quoted.
H. Any addition or change to the telephone system for which prices are not
in the contract shall require an amendment to the
specifically quoted
contract. All amendments to the contract must be processed and
approved by th e City of Jefferson prior to the performance by the
Contractor.
contract\services\towner.93
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I. The City of Jefferson reserves the right to procure system components
from other sources.
J. At least thirty (30) days prior to the termination date of the contract or
thirty (30) days prior to the termination of any renewal period thereto,
the Contractor agrees to provide to the Finance Department a complete
list of adjustment by addition or deletion.
2. CONTRACT PERIOD. This contract will be in effect from May 16, 1993,
?` through January 15, 1994.
3. REPORTS. Contractor shall submit, on a monthly basis, a detailed report
listing corrective or preventive action taken. Copies of the service tickets may serve
as these reports.
4. VISIT NOTICE. Contractor shall post in a conspicuous place, at site
locations, a check sheet and enter thereon the date of each service visit, the name of
the individual performing the service and the time of the service.
5. IDENTIFICATION. Employees of the Contractor shall have proper
I identification and present same prior to servicing.
6. RESPONSE TIME. Repair service is to be provided on the same day the
. call is received or on the next regular work day. In the event emergency service is
required, after regular work day, the Contractor will be paid overtime labor rate.
' 7. AUTHORIZED PERSONNEL. Only authorized City personnel will make
requests for services. Any service work requiring replacement parts will be verified
by the City Administrator or his designee and authorized by the appropriate
department director.
x 8. RATES. Service will be provided at the following rates:
r Monthly Maintenance Fee (Parts & Labor) $616.25
Labor Rate (8:30 a.m. to 4:30 p.m.) $ 40.00 1st hour
$ 32.00 addl hour
Overtime rate (4:30 p.m, to 8:30 a.m. $ 60.00 1st hour
$ 48.00 addl hour
Holidays & Sundays $ 60.00 1st hour
$ 48.00 addl hour
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contract\serviceAtowner.93
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9. MAXIMUM AMOUNT OF CONTRACT, Contractor shall not perform more
than Four Thousand Nine Hundred Thirty Dollars ($4,930.00) of work during the
contract period without first obtaining consent of the City Council.
10. PAYMENT. Payment shall be made on a monthly basis to Contractor by
City upon submission of an itemized monthly invoice,properly signed and submitted,
with the report required in Section 3, in duplicate, to the Finance Director, 320 East
McCarty Street, Jefferson City, Missouri 65101.
11. INSURANCE. Contractor agrees to completely indemnify and hold
1r' harmless the City for any and all damages,injuries,actions,costs, attorney's fees and
all other expenses whatsoever, arising out of the performance of said work, whether
the property or persons damaged are the servants and employees of the Contractor
or third parties in no manner connected with said work.
Contractor shall procure and maintain during the life of this contract:
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A. Workmen's Compensation Insurance for all of its employees to be
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engaged in work under this contract.
B. Contractor's Public Liability Insurance in an amount not less than One
Million Dollars ($1,000,000.00) for all claims arising out of a single
occurrence and One Hundred Thousand Dollars ($100,000.00) for any
one person in a single accident or occurrence, except for those claims
governed by the provisions of the Missouri Workmen's Compensation
i Law, Chapter 287,RSMo.,and Contractor's Property Damage Insurance
in an amount not less than One Million Dollars ($1,000,000.00) for all
claims arising out of a single accident or occurrence and One Hundred
Thousand Dollars ($100,000.00) for any one person in a single accident
or occurrence.
C. Automobile Liability Insurance in an amount not less than One Million
Dollars ($1,000,000.00) for all claims arising out of a single accident or
occurrence and One Hundred Thousand Dollars ($100,000.00) for any
one person in a single accident or occurrence.
D. Owner's Protective Liability Insurance--The Contractor shall also obtain,
at its own expense, and deliver to the City an Owner's Protective
Liability Insurance Policy naming the City of Jefferson as the insured,
in an amount not less than One Million Dollars ($1,000,000.00) for all
: claims arising out of a single accident or occurrence and One Hundred
Thousand Dollars ($100,000.00) for any one person in a single accident
or occurrence, except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law,Chapter 287,RSMo. No policy
will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
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contract\services\towner.93
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E. The Certificates of Insurance furnished to the City showing proof of
tr K' compliance with these insurance requirements shall contain a provision
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that coverage under such policies shall not be canceled or materially
changed until at least fifteen (15) days prior written notice has been
¢" n given to the City.
12, FAILURE TO PERFORM. Should Contractor fail to provide services as
t4 set forth pursuant to this contract, or fail to meet any of the contract provisions, this
+i contract may be canceled at the sole option of the City upon giving five (5) days
written notice to Contractor.
``.
� 13. CANCELLATION. This contract shall be subject to cancellation by the
City at any time following fifteen (15) days notice.
+` 14, NOTICES. All notices, consents, authorizations, requests and statements
hereunder shall be deemed to have been properly given if delivered by and/or mailed
by first class United States mail, postage prepaid, if to the City, to the Finance
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,. Director, 320 East McCarty Street, Jefferson City, Missouri 65101, and if to the
Contractor, to 2511 B, Industrial Drive, Jefferson City, Missouri 65101.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
on the day and year first above written.
CITE' OF JEFFERSON, MISSOURI CONTRACTOR
7
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.. Mayo
ATTEST:
ATTEST:
ATTEST:
City Clerk Title
APPROVED FORM•
�t.
City Counselor
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AMENDMENT TO CONTRACT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation
hereinafter designated "City" , entered into a Contract with Towner
Communications Systems, hereinafter referred to as "Contractor", on
August 5, 1991; and
WHEREAS, the Contract was for the provision of maintenance of the
City' s Telecommunications System; and
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WHEREAS, the City is desirous of continuing with the maintenance
services by Contractor.
NOW, THEREFORE, be it agreed as follows :
1. Section 2 of the Contract dated August 51 1991, is amended to
read as follows:
2 . CONTRACT PERIOD. This contract will be in effect from
May 16 , 1992, through May 15, 1993 . The City retains the
right to extend this contract for two (2) additional one ( 1)
year periods . Increases, if any, may be requested by the
Contractor and negotiated with the City ninety (90) days prior
to the Contract termination, provided any increase shall not
{ exceed the terms of the renewal option dated April 12, 1988,
and attached hereto as Exhibit A.
`A 2 . Section 8 of the Contract dated August 5, 1991, is amended to
read as follows:
1
8. RATES. Service will be provided at the following rates :
Monthly Maintenance Fee (parts & labor) - $612 .86
Labor rate (8: 30 a.m. to 4 :30 p.m. ) - $ 40. 00 1st hour
Overtime rate 4 .30 $ 32.00 addl hour
( p.m. to 8 :30 a.m. ) - $ 60. 00 1st hour
$ 48.00 addl hour
Holidays & Sundays $ 60. 00 1st hour
$ 48.00 addl hour
3. Section 9 of the Contract dated August 5, 1991, is amended to
read as follows:
9 . MAXIMUM AMOUNT OF CONTRACT. Contractor shall not perform
more than Seven Thousand Three Hundred Fifty-Four and 32/100
Dollars ($7, 354 .32 ) of work in one year without first
obtaining consent of the City Council.
4. All other sections of the Contract dated August 5, 1991, shall
remain in effect as stated.
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y it 37:P Fr ,IN TESTIMONY WHEREOF, the parties have hereunto set their
hands and seals this ol-2. day of 1992.
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TOWNER COMMUNICATIONS SYSTEMS CITY OF JEFFERSON, MISSOURI
TEST*. . ATTEST:
Title: City Clerk
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TELECOMMUNICATIONS S'�STEM MAINTENANCE CONTRACT
t 1991 x;
This contract is made and entered into this day
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by and between the City of Jefferson, Missouri, a municipal Corporat on, hereinafter F,
referred to as "City" and Towner Communications Systems, hereinafter referred to
as "Contractor."
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NOW,THEREFORE,in consideration of the covenant and agreements hereinafter se
forth, it is agreed as follows. :
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L;y or
z. 1, SCOPE OF WORK. The work of this agreement consists of the performance
of authorized on site maintenance service on the City's Telecom he Contractor smut
f` If the service is not provided by the Contractors company,
provide the name of the organization thatcompany
' responsible
has w th said organization. The
the type of agreements the Contractors
provide an emergency nse of no more than two
. ; Contractor shall p maintenance respo week. Response shall U.1 ;
(2) hours, twenty-four (24) hours per day, seven (7) days p er
' be defined as a qualified technician certified on the installed equipment on site or the
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problem resolved. An emergency shall be considered to exist when one or more of the
following conditions exist:
A. Ten percent (lU�I�) or more of trunks are inoperative. Inoperative shat
be defined as the inability to either originate or receive calls. Irl
B. Five percent (5%) or more of lines or stations inoperative.
answering or extending calls.
` C. Any attendant position incapable of either g
as critical to the safety
ll. Any station(s) specifically designated by the Jefferson City area.
citizens of the gr
}_ of City personnel and the
E. Eighty-five percent (85%) of all other out-of-service trouble reports in
any month not requiring unusual repair shall be cleared within twenty-
four (24) hours from the time the report is received by the Contractor.
� = as
provide and maintain written assurance of
F. The Contractor must
support from the
continuing engineering, spare parts, and back up supp
s `x� equipment manufacturer. ..
remove services and/or devices for
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G. The Contractor shall install and/or +�
.: which a firm, fixed price has been quoted.
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H. Any addition or change to the telephone system for which prices are not
specifically quoted in the contract shall require an amendment to the
" ;,4, contract. All amendments to the contract must be processed and #tl
approved by the City of Jefferson prior to the performance by the .f
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t I. The City of Jefferson reserves the right to procure system components ;
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from other sources.
J. At least thirty (30) days prior to the termination date of the contract or
t thirty (30) days prior to termination of any renewal period thereto the
Contractor agrees to provide to the Finance Department a complete list
of adjustment by addition or deletion.
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2. CONTRACT PERIOD. This contract will be in effect from July 15, 1991, .
through May 15, 1992. The City retains the right to extend this contract for three
(3) additional one (1) year periods. Increases, if any, may be requested by the1;
Contractor and negotiated with the City ninety (90) days prior to the Contract
termination, provided any such increase shall not exceed the terms of the renewal "? r
option dated April 12, 1988, and attached hereto as Exhibit A. `
3. REPORTS. Contractor shall submit, on a monthly basis, a detailed report
listing corrective or preventive action taken. Copies of the service tickets may serve
I;
as these reports. °1
4. VISIT NOTICE. Contractor shall post in a conspicuous place, at site locations,
ii a check sheet and enter thereon the date of each service visit, the name of the
I
individual performing the service and the time of the service.
5. IDENTIFICATION. Employees of the Contractor shall have proper
identification and present same prior to servicing.
6. RESPONSE TIME. Repair service is to be provided on same day the call is t
received or on the next regular work day. In the event emergency service is required,
after regular work day, the Contractor will be paid overtime labor rate.
7. AUTHORIZED PERSONNEL. Only authorized City personnel will make
requests for services. Any service work requiring replacement parts will be verified
by the City Administrator or his designee and authorized by the appropriate
department director.
8. RATES. Service will be provided at the following rates:
Monthly Maintenance Fee (parts .& labor) - $530.75 '
Labor rate (8:30 a.m. to 4:30 p.m.) - $ 40.00 1st hour
$ 32.00 addl hour
Overtime rate (4:30 p.m. to 8:30 a.m.) - $ 60.00 1st hour
$ 48.00 addl hour
Holidays & Sundays - $ 60.00 1st hour
$ 48.00 addl hour
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9. MAXIMUM AMOUNT OF CONTRACT. Contractor shall not perform more
than Six Thousand Three Hundred Sixty-nine Dollars ($6,369.00) of work in one year
>: .. without first obtaining consent of the City Council.
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10. PAYMENT. Pa
yment shall be made on a monthly basis to Contractor by City
Y , properly signed and submitted, withs -.
•,.,. upon submission of an itemized monthly invoice �" .
report per Section 5, in duplicate, to the Finance Director, 320 E. McCarty Street, ,
4 Jefferson City, Missouri, 65101.
11. INSURANCE. Contractor agrees to completely indemnify and hold harmless t°
the City for any and all damages, injuries, actions, costs, attorney's fees and all other &
x, arising expenses whatsoever, y.,
g out of the performance of said work whether the
,- property or persons damaged are the servants and employees of the Contractor or
third parties in no manner connected with said work. " , 4=
Contractor shall procure and maintain during the life of this contract: `
A. Workmen's Compensation Insurance for all of its employees to be
engaged in
work under this contract. µ>
B. Contractor's Public Liability Insurance in an amount not less than
$1,000,000 for all claims arising out of a single occurrence and $100,000
for any one person in a single accident or occurrence, except for those
claims governed b the ~"
g y provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo., and Contractor's Property Lr
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Damage Insurance in an amount not less than $1,000,000 for all claims <y
arising out of a single accident or occurrence and $100,000 for any one ?
. person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $1,000,000
�t for all claims arising out of a single accident or occurrence and $100,000
tr.
for any one person in a single accident or occurrence.
` D. Ow_ner's Protective Liability Insurance-The Contractor shall also obtain
at its own expense and deliver to the City an Owner's Protective
Liability Insurance Policy naming the City of Jefferson as the insured,
in an amount not less than $1,000,000 for all claims arising out of a
single accident or occurrence and $100,000 for any one person in a
single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law, Chapter 287,
RSMo. No policy will be accepted which excludes liability for damage
x5 to underground structures or by reason of blasting, explosion or collapse.
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E. The Certificates of Insurance furnished to the City showing proof of
compliance with these insurance requirements shall contain a provision
x that coverage under such policies shall not be canceled or materially
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that coverage under such policies shall not be canceled or materiallyk
changed until at least fifteen (15) days prior written notice has been
' given to the City.
12. FAILURE TO PERFORM. Should Contractor fail to provide services as set
forth pursuant to this contract, or fail to meet any of the contract provisions, this
contract may be canceled at the sole option of the City upon giving five
(5) days ;
t
written notice to Contractor.
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13. CANCELLATION. This contract shall be subject to cancellation by the City
at any time following fifteen (15) days notice.
14. NOTICES. All notices, consents, authorizations, requests and statements
hereunder shall be deemed to have been ro erl
p p y given if delivered by and or mailed
by first class United States mail, postage prepaid, if to the City at 320 E. McCarty,
Jefferson City, Missouri 65101, and if to the Contractor to 2511 B, Industrial Drive, i
Jefferson City, Missouri 65101. '
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IN WITNESS WHEREOF the parties hereto have set their hands and seals on the '
day and year first above written.
n
CITY OF JEFFERSON, MISSOURI CONTRACTOR
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Ma Titie V'ce President
ATTEST:
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City Clerk -� Title Secretary
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;7777--7
Exhibit A
RENEWAL OPTION
FOR
TELECOMMUNICATION SYSTEM MAINTENANCE
y 4A
Pursuant to the provisions stated in the contract , the City of
ct
Jefferson shall have the sole option to extend the contract
period in one-year increments for a total accumulative period of
six (6) additional years . this option shall apply to any or all
A of the equipment and services quoted herein.
If the option( s) is exercised, the contractor shall charge the
City the same prices as quoted herein except as modified in the
paragraphs below. All modifications shall be computed against
the ORIGINAL contract price .
4i
The option shall be executed at the same price( s ) quoted for
Equipment, , Maintenance , and Installation as listed herein subject
to a maximum percentage of increase and/or minimum percentage . of
decrease , if any, quoted by the contractor below for each
applicable option period.
Maintenance
1 . 1st renewal - 5-16-89 to 5-15-90 + 5 % 10
2. 2nd renewal - 5-16-9G to 5-15-91 + 10 % 10
3. 3rd renewal - 5-16-91 to 5-1-5-92 + 15 15
4. 4th renewal - 5-16-92 to 5-1-5-93 + 15
5. 5th renewal - 5-16-93 to 5-15-94 + 15 %
6. 6th renewal - 5-• 6-94 to 5-15-95 +_25 25
I hereby grant the City of Jefferson the options stated on this
page . If a percentage of increase or decrease is not quoted
( i . e . left blank) , the City shall have the right to e-,.,,ecute the
option at the same price( s ) quoted for the original contract
period.
L-02 r -1��
U RIZED SIGNATURE DATE NAME OF COMPANY
Kell
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