Loading...
HomeMy WebLinkAbout15.F.4. INET Locate Agreement CONSENT City of Shakopee IS.F.1, Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: INET Locate Agreement - Access Communications DATE: June 3, 2003 Introduction INET construction is completed, so the INET needs to be located by a professional locating company to ensure security, reliability and maintenance of the City's new INET. Background City, School District and Scott County received two quotes from locating companies to locate the INET. Locating ofthe INET is needed when a call is made to Gopher One, if digging is going to occur near the INET. Staff looked into having city, school or county staff locate the INET; however, due to the growth in the city it would require hiring a full-time position and significant increases in insurance costs due to the liability and high INET repair costs, if the INET were to be damaged. It was determined that it was more cost effective to hire a professional company. During INET construction, over 400 locates were done alone in August 2002. After reviewing the two bids, staff recommends Access Communications to locate the INET. Access Communications is the company that constructed the INET, thus is extremely familiar with locations and operations of the !NET. Access Communications was also the lowest bidder and is able to provide maintenance, if needed, of the !NET. The contract is for a five-year period from June 1,2003 -: May 31,2008. Each entity will be responsible for paying for its percentage of fiber that is located throughout the INET. Much ofthe fiber overlaps in many areas, so those areas were equally divided. The City will be responsible for 8% ofthe contract each year. The School District is responsible for 44% and Scott County 48%. Budget Impact The five year contract will cost the three entities $23,900/year, with annual inflationary adjustments. The city of Shako pee will be responsible for $1,912 for 2003, which will be taken from the Telecommunications Fund. Action Direct appropriate city officials to enter into a five-year contract awarding the locating work to Access Communications, for the amount of $23,900/ year, which the City is responsible for $1,912 (8%) for 2003 with annual inflation adjustments for the subsequent four years from the Telecommunications Fund. I Ma~ 29 03 01:1410 10.2 , ,.. ~;~~~=~~~Zi(~S/. ''', ~.""/~'f1i8 ~r~ ..-e.-iCilMns .._..",.,j~}i1";'!~{.Jl...:,:.'_..~'.._~_~~~~.. ~ ,.h_..~. .......__...,.. ...." 1i'~W'~~r_~- ~ ';II.. A"' 'tiiJ .," k;lt. ~. ; . M ... l&I1JIIfI, "it~;~~"'i' ><.j. ,w, '[lifW . . .. .," .~ j~l~ ., " A\ll. ,. ~. . ""~ A\\OI' . ..l1!'&.i -;-~ ;;.;.:,~.:.:,~: ~.~,..,... 0.':""''-:'" MAINTENANCE AGREEMENT (FIBER CABLING) I-NET ("Customer'') at 505 south Holmes St Shakopee MN 55379 does hereby retain the maintenance services of Access Communications. Inc.. a Minnesota corporation, 2415 Annapolis Lane North, Suite 170, Plymouth, MN 55441 ("Access") pursuant to the temlS and conditions set forthhercin. RECITALS Access has installed or certified cabling and/or fiber optics ("cabling'') more particularly described on Attachment A attached ("System"). Customer is the owner of the System. The System is limited to cabling and does not include the equipment, including hubs, amplifiers, routers and all other equipment associated with or connected to the cabling. Customer desires to retain the services of Aecess to maintainlhe System pursuant to the conditions set fOlth llereill. AGREEM.ENT Deji."ititms. . Business Hours. 7:30 a.m. to 5:00 p.m., Central Time. . Coverage Period. June 1,2003 to May 31, 2008. TIle Coverage Period shall automatically renew for continuing ,Uld consecutive five (5) year periods unless either party provides wriUennotice to the other of its election to discontinue sllch automatic renc\'val and unless either party cancels this Agreement as hereinafter provided. . Emergency Repair Se,,'ices. Telephone Support ,Uld repair or replacement of cabling within the System witllin a four (4) hour period (business hours and nOll-business hours). To the extent that the emergency repair services or other services hereunder are needed as a result of the insured acts of a Uurd party, Access shall be entitled to subrogation by the Customer to tile claims for recovery against the insurance company to the extent of the cost of any and all repairs or services provided by Access hereunder. . Location Services. Telephone Support and location of the cabling on the System in response to all Gopher-One calls. . ll.lainlenance. Furnishing aU parts and labor necessary to maintaillthe System in good operating condition, including unscheduled oll-call service to repair or replace (at the option of Access) broken components ofllle System. (Replacement parts will be provided by Access on an e.xchange basis.) Maintemmce specifically excludes: Electrical work extemallo the System: " Repainting and refinishing services and materials; " Installation of all)' software or finnware updates or releases: Confidential Page I 5/29/2003 -*......-......-...--......... .. .......,...... .....,..--.... ............_~..__._._.._........ Ma~ 29 03 01:1410 10.3 # c Unnecessary or repetitive service Wllich, in Access' reasonable judgment. result from failure of Customer to have its employees andlor teclmical contact adequately traincd in Ille operation and usc of thc System: c Any services related to installation, relocation, reconfiguration or removal of any hardware or software or any accessories or attachments thereto; or 0 Any network design, configuration, traffic analysis or similar consulting services. c jVon-busine.\:~ Hours. 5:00 p.m. to 7:30 a.m., Central Time. D Same Day On-site Services. Telephone Support and hardware repair or replacement within eight (8) business hours. 0 Telephone Support. Technicians and support personnel available by telephone during business hours and telephone answering during non-business hours. 1 Maintenance. Customer does hereby hire Access to perfoml: . Maintenance on the System throughout the duration of the Covemge Period: . Emergency repair scrvices on the System during tile Coverage Period: and . Location services on the System during the Co\'cmge Period. 2 MlIultellllnCe Fee. Five (5) annual installments o[twenty three tllousand nine hundred Dollars ($23,900.00) each, payable OIl June 1, 2003, and on each June lllcreafter, until and including May 3 L 2008. 3 Mainten/lnce Fee Atl;u.\1ment. TIle adjustment shall become effective on each anniversary, beginning June 1, 2003. Access shaH provide ,,,,rincH notice to Customer of each such adjustment at any time twenty (20) days beforc the aqjustment date or six (6) months thereafter. In 110 event shall the adjustment for anyone year period excecd four (4-%) percent 4 ('ancel/a/ion Bv Cu.\1:omer. Notwithstanding anything herein to thc commry, Customer shall be entitlcd to C<tncel this Agreement upon sixty days (60) written notice to Access. Upon cancellation, Customer sllaU be liable for payment of the one-year maintenance fee for that portion .5 Cancellation Bv Acce~~~. Access shall be entitled to cancel this Agreement on each annivcrsary of the Agreement by providing sixty days (60) written notice to Customer. Upon such written notice, this Agreement shall automatically lenninate upon the next June!, and the Customer sllall not be liable for any maintenance fees which would have accrued but for the cancellation. Confidential Page 2 5/29/2003 .__....H...H____................................. ................-._---_......... Ma~ 29 03 01 : 14p p.4 . 6 Cantacts. Customer and Access shall be available at the folloviiug connection during Business Hours clOd Non-busincss Hours; Access Communications, Inc. 2415 Annapolis Lane, Suite l70 Plymouth. Minnesota 55441 Business Hours: Telephone: 763-545-9998 Facsimile: 763-545-1494 Non-business Hours: Arlyn Birkholz Telephone: 612-325-0151 Pager: 1-888-444-9248 Randy Herman Tclephonc: 612-325-0152 Trent Knutson Telephone: 612-490-5497 Customer: I-NET 50S South Holmes St Shakopee, Minnesota 55379 Business Hours: WadePhiUips Telephone: 952-496-5174 Non-busincss Hours: Or such other contacts as may be hereafter provided by either party to the other in writing. 7 Non-covered Services. Customer 51m11 pay Access its then-current standard rates for Maimenance or repair services provide outside the Covcrage Pcriod or otherwise not covered by this Maintcnance Agreement or for other requested services beyond the scope ofthis contracL Fees for such services will be invoiced by Access to Customer and payable within thirty (30) days following invoicing. 8 Exclusions. Services hereunder do not include repairs, replacements or other remedial maintenance whicll may be necessitated by: . Accident, act of God, tnlnsportation, handling, neglect, misuse, abuse or operator error; . Failurc of elcctrical power, air conditioning, humidity control or olher cllvironmcntal conditions; . Use of any Imrdn'are or software Products in an operating environment, configuration, manner or purpose other than that for which it was designed; or . Repair, alteration, damage or other service peTfoollcd by any party other than Access or it's authorized agents. In addition, services provided hereunder do not include services outside the Coverage Period, or service to any hardware or software that arc not Products. Confidential Page 3 5/29/2003 .~........."...u>......,....,... . . .......,.. ....~.......__.-..-............ . . .... ...~." . ........,.., ......._.n_.... . .........,.....,...... Ma~ 29 03 01: 1510 10.5 9 Notices. Any notice to be given hereunder shall be sent by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses above given. Either par!.v ma~' designate a different <lddrcss by notice so given. 10 Waiver or Motlific(dion. TIle waiver of a breach of any tenn hereof or of any default hereunder shaH not be deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and shall not jll any \vay affect Ole olher terms hereof. No waiver or modification shall be valid or binding unless ill "vriling and signed by the parties. 1 / Applicable Law. TIlis Agreement and all collateral matters and issues shall be governed by the laws oHhe State of Minnesota. /2 Arbitration. Any claim, dispute, or controversy arising out of or in cOlIDeeLion with litis Agreement, or any breach thereof, shall be arbitrated at the agreement of all parties before lile American Arbitmtion Association. under its governing mles. The arbitration shan be held in the City of Minneapolis. Judgment may be entered on the award in any court of competent jurisdiction. 13 Bindi,,!! Effed. This Agreement shaH be binding upon and inure to the benefit of the executors, administrators, and assigns of the parties. 14 Entire Af!1'eement. 'Illis Agreement supersedes all agreements previously made between the parties relating to its subject matter. There are no otller understandings or agreements. 15 Nlm-wlIiver. No delay or failurc by either part)" to exercise any right under this Agreement. and no partial or single exercise of thaI right, shall constitutc a waiver of that or any other right, unless othenvise expressly provided herein. /6 Headin!!.... Headings in this Agreement arc for convenience only and shall not be used to interpret or construe its provisions. 17 CQullterpart..... TIus Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 18 I~Net llmI State Audit. Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of Access relative to this agreement shall be subject to examination by the I-Net and the State Auditor. Complete and accurate records of tIle work performed pursuant to this agreement shall be kept by Access for a minimum of six (6) years following the temlmation of this agreement for such auditing purposes. TIle retention period shall be automatically extended during the course of any administrative or judicial action involving 1- Net regarding matters to which the records are relevant. 19 Indemnity, Access agrees to defend, indcmni(y, and hold I-Net, its employees and official hannless from any claims, demands, actions or causes of action, including reasonable attomey's fees and expenses resulting directly or indirectly from any negligent acl or omission Oll the part of the providcr, or its subcontractors, partners or independent contraclors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by the vendor or tbe subcontrdctors, partners or independent COnlrdctors or any of their agents or employees under 111e agreement 20 InsuN1llce. Access shallllot commence work l.Ulder tIns agreement until it has obtained al its 0\'.11 cost and expense all insurance required herein. All insurance coverage is su~ject to approval of I-Net and shall be maintained by Access until final completion of tile work. Confidential Page 4 5/29/2003 "".,.....-....,..-..........-.-...-...-..-........... ................H ........._........_............. Ma~ 29 03 01:1510 10.6 . . A. Workers' C'ompensahOJ1. a. State: Minnesota. Statutory b. Employer's Liability with minimum limits of: Bodily InjUJ)' by Accident: $100,000 each Accident Bodily Injury by Disease: $100,000 each Employee Bodily Injury by Disease: $500,000 policy limit e. Benefits n,,'quired by union labor contracts: As applicable B. Commercial (,eJ1eral Liabilitl'. Including Premises, Operations, Products, Completed Operntiol1s, Advertising and Personal Injury Liability, with the following minimum limits of liability. $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Ir~iury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense 2 L Pr()of of ltl.fUrance. Insumnce certificates evidencing that the above insunmce is in force with companies acceptable to I-Net and in the amounts rcquircd shall be submitled to I-Net for cxamination and approval prior to the execution of tlle agreement, aftcr which they shall be fi.lcd with I-Net TIle insurmlce certificate sllall name I-Net as an additional insured and specUically provide that a certificate shall not be modified, canceled or non-rcnewed except upon sixty (60) days prior written notice to County. Neither I-Net's failure to require or insist upon certificates or other evidence of insumnce showing a variance from the specified coverage changes Access's responsibility to comply with the insur.mce specifications. 21. Dllta Prlu.1U:es. Access, its agents, employecs and ,my subcontractors of Access in providing all scrvi.ces hcrelmder, agree to abide by the provisions of tile Minnesota Government Dal1l Pmcticcs Act, Minn. Stat Ch. 13. as amended, and Minn. Rules promulgated pursuant to CIl. 13. Access understands that it must comply with those provisions as ifit were a govemment entity. Access agrees to indemnify and hold I-Nct, its officers, department heads and employces h,mnlcss from any claims resulting from the Access's unlawful disclosure or use of data protected under state and federal laws. 22. Independent ContraLtor. H is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a parlnership, ajoint venture, or an association with I-Net and Access. Access is an independent contractor and ncilller it its cmployces, agents, subcontractors nor rcprescntatives, shall be considered employees, agents or representatives of I-Net Except as othenvisc provided herein, Access shallmaintail1, in all respects, iiS present control over the means and personnel by which this agreement is performed. From any amounts due Access, thcrc shall be no deduction for federal income tax or FICA payments nor for any state income 1.lX, nor for any other purposes which are associated with an employer/employee relationship unless otherwise requircd by law. Payment offedeml income tax, FICA payments, Sl11tc income tax. unemploymcnt compcnsation taxes, and other payron deductions and 1a'Xcs are the sole responsibility of Access. Confidential Page 5 5/29/2003 --...................."...'''.........,... ......-...'---.. MB~ 29 03 01:16p p.? ; rN WITNESS WHEREOF the parties have executed this Agreement. Dated: Access Communicatioll, Inc. 5-22-2003 By: Randall l Hennan Its: CEO Duted: Shakopee Schools By: John McBroom Its: Superintcndcnt of Schools Dated: Scolt County By: David Unmacht Its: County Administrator Dated: City of Shakopec By: William Mars Its: Mayor G:\IYnK\A041 OJ 01001.wpd Confidential Page 6 5/29/2003 ,......,--_.....,,-- ... ......"..-......... .. ...."..... ... .....,,_.._.........._,~...~.... . .........,.~.~..........--~....-----._....