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HomeMy Public PortalAboutORD11035 BILL NO. 88-12 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. - 11o3 T� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SERVICE AGREEMENT WITH TOWNER COMMUNICATIONS SYSTEMS FOR TELECOMMUNICATIONS SYSTEM MAINTENANCE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Towner Communications Systems for Telecommunications System Maintenance for a sum not to exceed $5,820.00. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved _ eliding O cer ayor ATTEST: J ' City Clerk O TELECOMMUNICATIONS SYSTEM MAINTENANCE CONTRACT ® This contract is made and entered into this S'CIL day of 19 by and between the City of Jefferson, Miss uri, a mun cipal corporation, hereinafter referred to as "City" and Towner Communications Systems, hereinafter referred to as "Contractor. " NOW, THEREFORE, in consideration of the covenant and agreements hereinafter set forth, it is agreed as follows: 1. SCOPE OF WORK: The work of this agreement consists of the performance of authorized on site maintenance service on the City's Telecommunications System. If the service is not provided by the Contractor's company, the Contractor must provide the name of the organization that will be responsible for the maintenance and the type of agreements the Contractor's company has with said organization. The Contractor shall provide an emergency maintenance response of no more than two (2) hours, twenty-four (24) hours per day, seven (7) days per week. Response shall be defined as a qualified technician certified on the installed equipment on site or the problem resolved. An emergency shall be considered to exist when one or more of the following conditions exist: ( A ) Ten ( 10$ ) percent or more of trunks are ® inoperative. Inoperative shall be defined as the inability to either originate or receive calls. (B) Five ( 5$ ) percent or more of lines or stations inoperative. (C) Any attendant position incapable of either answering or extending calls. (D) Any station(s) specifically designated by the City as critical to the safety of City personnel and the citizens of the greater Jefferson City area. (E) Eighty-five (85%) percent 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. ( 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 specifically quoted in the contract shall require an amendment to the contract. All amendments to the contract must be processed and approved by the City of Jefferson prior to the performance by the Contractor. (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 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, 1988 through May 15, 1989. The City retains the right to extend this contract for six (6) one-year periods. Increases, if any, may be requested by the Contractor and negotiated with the City ninety (90) days prior to the Contract termination. REPORTS: Contraactor shall submit, on a monthly basis, a detailed report listing corrective or preventive action taken.,, Co !C3 oY , sext, C` T74CC,� G�&e- /3& S evo x i -4- ^x ' /t CY4� c m 0 4. VISIT NOTICE: Contractor shall post in a conspicuous place, ley;e?jct 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 identification and present same prior to servicing. 6. RESPONSE TIME: Repair service is to be provided on 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. 9. 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. 10. RATES: Service will be provided at the following rates: Monthly Maintenance Fee (parts & labor) - $485.00 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 11. MAXIMUM AMOUNT OF CONTRACT: Contractor shall not perform more than Five Thousand Eight Hundred Twenty Dollars ($5,820.00) ® of work in one year without first obtaining consent of the City Council. 12. INSURANCE: Contractor agrees to completely indemnify and hold 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: A. Workmen's Compensation Insurance for all its employees to be engaged in work under this contract. H. Contractor's Public Liability Insurance in an amount not less -than $800,000 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 by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single ® accident or occurrence. C. Automobile Liability Insurance in the amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 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 $800,000 for all claims arising out of a single occurrence and $100.000 for any one person in a single accident or occurrence. E. The Certificates of Insurance furnished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changed until at least fifteen ( 15) days' prior written notice has been given to the City. • M ' IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals the day and year first above Swritten. CITY OF JEFFERSON, MISSOURI r ATTEST: CITY CLERK TOWNER COMMUNICATIONS SYSTEMS By Title: )/ GGG ATTEST: Secretary •