Loading...
HomeMy WebLinkAbout14.G. Purchase Equipment to Complete INET \L\. 6 i City of Shakopee CONSENT Memorandum TO: Mayor, City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator Kim Henke, MIS Coordinator SUBJECT: Purchase Equipment to Complete !NET MEETING DATE: February 18, 2003 Introduction City Council should approve hiring Eschelon Telecom, Inc. to purchase INET equipment and specialized labor in an amount not to exceed $29,000. Background On March 12, the Telecommunications Commission unanimously recommended purchasing the INET equipment in an amount not to exceed $29,000 from Eschelon. On October 3,2002, the Cable Access Corporation approved an amount not to exceed $165,000 to build and construct a fiber INET, purchase the necessary equipment to hook up the !NET, and hire specialized services to connect the !NET. To date, roughly $106,000 has been spent for the construction ofthe City's portion of the INET. Construction of the !NET is completed to all City locations. The School District and Scott County are currently successfully utilizing the INET for various functions. This phase of equipment purchase and hook-up is needed to make the INET operational for the City and to complete Phase III of installing IP/Telephony (new phone system) citywide. If the City Council approves this recommendation, Phase I of the INET will be functional as soon as mid-May. This will eliminate the City's reliance on T1lines, thus realizing the cost savings and operational benefits of the INET. Phase I will include hooking up City Hall, Community Center, Public Works, and the current Police Station. Phase II will add the new Police Station to the !NET. If Time Wamer agrees to provide the City with two strands of fiber as part of the cable franchise agreement, the Fire Station could be hooked up as early as this fall, making the system complete. Attached to this document is a copy of the Eschelon quote and equipment diagrams for Phases I and II. 1 Budget Impact $45,000 was budgeted from the 2003 Telecommunications Fund to purchase INET equipment and specialized services. Due to three favorable quotes, staffhas received the lowest quote from Eschelon that would not exceed $29,000 to finalize the INET for operation. Within that amount, $3,771 has been added as an option to connect the Fire Station No. 51 (Vierling), since staffhas been negotiating with Time Warner to receive 2 free strands of fiber. $29,000 will be funded from the Telecommunications Fund, not the General Fund. INET Equipment City Locations $19,363 INET Labor $5,000 INET Fire Station (alternate) $3,771 TOTAL $28,134 + sales tax Action Recommended City Council should approve hiring Eschelon Telecom, me. to purchase INET equipment and specialized labor in an amount not to exceed $29,000. 2 , ~eschelon. Preliminary Quote Page 1 March 5, 2003 telecom, inc_ Equipment to be installed at: CITY OF SHAKOPEE 129 Holmes Street South Shakopee. MN 55379 , 952-496-9679 IP Equipment 1 Cisco 2950G 12 Port EIIOS $1,763.53 ::> 1 Cisco 2950G 24 Port EIIOS--- $1,902.35.-: 1 Cisco 2950G 48 Port EIIOS--- $3,257.65- - 1 Cisco 3508 8 Port GBIC $3,790.00 9 1000 Base LX GBIC $6,787.06 1 Cisco Works For Windows $1,872.22 40 IP Technician labor $5000.00 Option Add 1 Cisco 2950G 12 Port EIIOS $1,763.53 2 1000 Base LX GBIC $1,508.24 4 IP Technician labor $500.00 Note: All fiber work is to be performed by existing vendor. Note: All GBIC ports have SC-type connectors $24,363.00 Investment, with terms as follows: $7,309.00 Down Payment, $14,618.00 Upon delivery, $2,436.00 Upon completion, plus tax. ANY ADDITIONS TO THIS CONTRACT WILL BE BILLED AT STANDARD TIME AND MA TERIALS RATES, THESE ADDITIONS WILL BE PRESENTED TO THE CUSTOMER ON AN ADDITIONS/DELETIONS FORM TO BE APPROVED PRIOR TO COMMENCEMENT OF THE WORK. RESTOCKING CHARGES WILL APPL Y TO ALL SPECIAL ORDER AND CUSTOMIZED PRODUCTS. SUBJECT TO CREDIT APPROVAL BY ESCHE LON TELECOM, INC. (HEREINAFTER THE 'COMPANY") AND ALL OF THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT, THE CUSTOMER AGREES TO PURCHASE THE ABOVE EQUIPMENT FROM THE COMPANY AT THE PRICES AND ON THE TERMS SET FORTH HEREIN. Customer agrees at their own cost, to provide a dedicated electrical outlet and, if necessary, a company-specified AC line conditioner. This proposal may be withdrawn by Eschelon Telecom, Inc. if not accepted within 30 days. (091683)(tgg)(hks)( IPEquip_P} ESCHELON TELECOM, INC. Accepted (Firm Name) Customer Signature aoo;or~en Hills Drive · Goldeh>~!ftey, Minnesota 55416 . Tel~j{JJi@~~06it~ Facsimile: 763-553-2724 PURCHASE AGREEMENT 1. Payment Full payment shall be due on the date installation is completed. Any additions or deletions of or to the equipment or services described on the front side hereof will adjust the total price. 2. Credit. Company is authorized to investigate or appoint an agent to investigate Customer's credit standing. 3. Insta1lation. Unless a specific installation date is provided, the Customer shall give the Company reasonable notice that the premises are ready for installation of the equipment. The Customer agrees to provide installation directions and a suitable place for installation, including (a) wiring from the local telephone company's point of presence to the desired location of Customer's equipment (b) all conduit, carpenter work and openings except as specified on the reverse side; (c) appropriate electrical outlets or AC power hookups; (d) working conditions in compliance with current OSHA requirements; (e) adequate light, heat, power, shelter and other services, access and utilities necessary for installation. The purchase price set forth in this Agreemeltt is based upon an orderly and economic progress of work. The Customer shall reimburse the Company for excess installation costs due to shutdowns, standby, out of sequence or piecemeal work, or failure of the Customer to provide agreed items. The Customer shall also reimburse the Company for additional costs incurred by the Company for time and material necessitated by the installation and trouble shooting of any voice and data services not provided to the Customer by the Company. 4. Title to and Return of Equipmmt (a) Title to the equipment described on the front side hereof, including all wiring and jacks used in the operation of such equipment, and any and all replacements, substitutions, and repairs thereto (the "Equipment"), shall at all times remain with the Company until paid for in full (b) Default -- The Customer shall be in default under this Agreement upon the happening of any of the following events: (i) nonpayment when due of any amount owing by Customer to the Company hereunder; (ii)Customer's failure to observe or perform any of its obligation under this agreement; (iii)if any warranty or representation of Customer shall be untrue in any material respect; (c) Remedies in Default -- In the event of a default, the Company shall have the right, at its option and without demand or notice, to declare all or any part of the obligations of the Customer to the Company immediately due and payable, and, in addition, the Company may exercise all of the rights and remedies ofa secured party under the Uniform Commercial Code or any other applicable law. The Customer agrees that in the event of a default, it will make the Equipment available to the Company at a place to be designated by tlle Company which is reasonable and convenient. The Customer further agrees that the Company may, with or without legal process, enter any premises where the Equipment may be and take possession of it, or render it unusable or, to the extent the Company has provided only services, to undo those services, and retain all prior payments as partial compensation for use and depreciation of the Equipment. The Customer further agrees to pay all costs and expenses of the Company, including reasonable attorneys' fees and legal expenses, in the collection of any of the obligations of the Customer to the Company or the enforcement of any of the Company's rights under applicable law Ifmore than one party shall sign this Agreement, the term "Customer" shall mean all such parties and each of them and all such parties shall be jointly and severally obligated hereunder. All rights of the Company shall inure to the benefit of its successors and assigns, and all obligations of the Customer shall bind the Customer's heirs, executors, administrators, successors and assigns. 5. Taxes. Unless otherwise provided, the prices quoted do not include sales or local taxes. All taxes imposed upon the purchase of the Equipment and services referred to in this Agreement (regardless of the designation of the tax) shall be paid by the Customer. If the Company is required to pay any of such taxes, the amount paid shall be immediately due from the Customer to the Company. 6. Risk of Loss. Risk ofloss or damage to the Equipment and any and all replacements, substitutions and repairs shall pass to the Customer upon delivery of the Equipment to the job site or to the Customer, whichever shall occur first. 7. Warranty. The Company hereby warrants the Equipment against defective parts or workmanship for the period of one (1) year from the date of its installation, or for the period of ninety (90) days from the date of installation in the case of used or refurbished equipment, in any event provided that no repairs, replacements or alterations shall have been made except by the Company or its authorized service representatives. The Company's sole liability under this warranty shall be to replace or repair the Equipment at its own expense, and shall not extend to any Equipment damaged or rendered inoperative by negligence, tampering, connection to direct current, connection to incompatible equipment, lightning, power surges, water damage, fire, temperature over 90' F or relative humidity exceeding 80%. In no event shall the Company be responsible for any damage to the Equipment or failure of the Equipment due to its connection to any incompatible equipment of the Customer. TillS WARRANTY IS THE ONLY WARRANTY GIVEN BY THE COMPANY, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF :M.ERCHANTABll.ITY OR ANY IMPLIED WARJRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMl\tlON LAW, CUSTOM OR OTHERWISE. 8. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: (a) LOSS OF TIME, ANTICIPATED PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS OR OTHER LOSSES INCURRED IN CONNECTION WITH THE PURCHASE, SALE, POSSESSION, OPERATION OR USE OF THE PRODUCTS, SUCH CLAIMS BEING EXPRESSLY WAIVED; (b) FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING FROM THE USE OR INABll.ITY TO USE THE PRODUCTS, EITHER SEPARATELY OR IN COMBINATION WITH OTHER PRODUCTS; (c) ROUTING OR PROGRAMMING ERRORS; (d) UNAUTHORIZED USE OR ACCESS OF ALL INTRASTATE, INTERSTATE, INTERNATIONAL, "800," OR "900" SERVICES OR SUCH ACCESS OR USE BY VOICE MAIL, DISA, OR AUTO ATTENDANT (e) USE OF COPYRIGHTED MUSIC WITH THE PRODUCTS; (f) DAMAGES RESULTING FROM PHYSICAL INJURY TO TANGmLE PROPERTY OR DEATH OR INJURY OF ANY PERSON WHETHER ARISING FROM THE COMPANY'S NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE; OR (g) FAILURE IN PERFORMANCE OF TIDS AGREEMENT DUE TO CAUSES BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, WORK STOPPAGES, FIRES, CML DISOBEDIENCE, RIOTS, REBELLIONS, ACTS OF GOD, WEATHER, ACTS OF THIRD PARTIES, AND SIMILAR. OCCURRENCES.. 9. Assignment. The rights and obligations of the Customer under this Agreement may be assigned by the Customer only with the Company's prior written consent. n. MiscellaneolJS. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, in each case, with respect to the subject matter hereof. Except as otherwise provided herein, this Agreement may be modified only by a written instrument executed by both parties. This Agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the laws of Minnesota. If any part of this Agreement shall be adjudged invalid, the remainder shall not thereby be invalidated. The signatures of authorized signors of Customer may be facsimiles and the facsimile signatures on any instruments delivered by the Customer to the Company are deemed the equivalent of and constitute the written signatures of the person executing the same for all purposes. City of Shakopee ~eschelon- telecom, inc. State High School Scott County I Server Community Center 3548XL Police Department Public Works Department Server Internet - Single mode fiber ~ Existing City Equipment Phase I ~ New Equipment City of Shakopee ~esc,ehleCeolmo, ".SM Scott County State High School I 3524XL Community Center Public Works Department City Hall Police Department Internet Server - Single mode fiber Phase II "., Existing City Equipment ~ New Equipment