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HomeMy WebLinkAboutReg 2004-01-20 Item 5A - Contract - Tukwila Fiber Network Deployment with Asset Analytics Inc for $59,500w!A.w� COUNCIL AGENDA SYNOPSIS t rw CAS Number: 04-004 I Original Agenda Date: January 20, 2004 Agenda Item Title: Original Sponsor: Council Timeline: Sponsor's Summary: Asset Analytics Contract No. 02 -015 expired on November 30, 2003. Contract renewal will allow Asset Analytics to continue with tasks associated with the deployment of the Tukwila Fiber Network as approved by City Council. Total cost for the contract through June 30, 2004 is $59,500 (continues the monthly charge of $8,500). If Council chooses not to proceed with the connectivity project, the contract can be terminated sooner. The total contract with Asset Analytics will be amended to.$294,208. Recommendations: Sponsor: Authorize Mayor to sign Contract Renewal. Committee: Administration: Cost Impact (if known): $59,500 Fund Source (if known): 302.00.532.200.41.03 Meeting Date 1/20/04 1 Meeting Date 1 1/20/04 Initials Meeting Date Prepared 10 I Mayor's review 1 Council review I 1/20/04 Fl ff I I SAW I I Connectivity Approve Asset Analytics Contract Admin. Information Memo dated January 13, 2004 Asset Analytic's Contract with Exhibits A and B Action Attachments Public Works ITE 5' a To: Mayor Mullet From: ,�r�'ublic Works Directo U Date: January 13, 2004 Subject: Asset Analvtics Consultant Contract ISSUE The current contract with Asset Analytics (David Luman) has expired and needs to be renewed to accommodate expanded scope of work. BACKGROUND INFORMATION MEMO The City has entered into an agreement with Asset Analytics to achieve City's goal of deploying a metropolitan area network and providing gigabit Ethernet connectivity to Tukwila citizens and businesses. The Contract expired on November 30, 2003. DISCUSSION The contract between the City and Asset Analytics was approved in January 2002. Since the approval of the basic contract, five amendments have been executed. These amendments allowed critical tasks associated with the connectivity initiative to be accomplished. Through the efforts of Asset Analytics, the connectivity project has reached a significant milestone. The City's conduit system has been audited and proofed, the network design has been completed, and the Bill of Materials has been developed. On January 20, 2004, the Council will be briefed on the network design, and the proposed deployment of the Tukwila Fiber Network. They will be provided with critical information that they will need to make an informed go /no -go decision. Council's decision to move forward with the project will require renewal of the Asset Analytics contract. The new contract (Attachment 1) has been crafted to accommodate Council's decision. The contract would be in full force and effect from December 1, 2003, to June 30, 2004. If Council chooses not to proceed with the project, the contract could be terminated sooner. RECOMMENDATION Present to Council for discussion and approval /disapproval. attachment: Contract Asset Analytics Contract For Services This agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Assets Analytics, Inc hereinafter referred to as "the Contractor" whose principal office is located at 16004 Tualatin Sherwood Road, Suite 505, Sherwood, OR 97140. Whereas, the City has determined the need to have certain services performed for its citizens but does not have the staffing or expertise to perform such services, and Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and conditions, now, therefore, in Consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described in Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statues, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed fifty -nine thousand, five hundred dollars ($59,500) at a rate of eight thousand, five hundred dollars ($8,500) per month. This compensation includes all incidental expenses except those agreed to in advance that will be reimbursed by the City. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing December 1, 2003 and ending June 30, 2004 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, agents and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against he City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Record Keeoino and Reoortina. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and services in the performance of this Agreement. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the City. Audits and Insnections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by law during the performance of this Agreement. Termination. The City giving to the Contractor thirty days written notice of the City's intention to terminate the same may at any time terminate this Agreement. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. Entire Aoreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor identified in the introductory paragraph above. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or the proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attomey's fees and costs of suit. DATED this day of CONTRACTOR: CITY OF TUKWILA Analytics, Inc. Steven M. Mullet, Mayor ATTEST /AUTHENTICATED: City Clerk, lane E. Cantu APPROVED AS TO FORM: Office of the City Attorney For Assets EXHIBIT A Scope of Services 1. Contractor shall coordinate, validate, schedule, oversee, and complete the construction and deployment of the Tukwila Fiber Network (TFN) as directed by the Tukwila City Council. As part of this Statement of Work, Contractor shall: Validate business model prior to development of Request for Bids (RFB) or Request for Proposals (RFP). Finalize list of vendors for each component (fiber, electronics, content providers, etc.). Continue discussions with long haul fiber companies in Tukwila and explore options for bandwidth agreements as well as lease /purchase of fiber. Complete development of RFB /RFP documents. Participate in the RFB /RFP evaluation process. Determine (with close coordination with City's Finance Director) financing /funding strategy. When directed by the City, help obtain project funding. Determine optimal legal structure for TFN. Oversee the development of a marketing strategy for the project. Oversee the deployment of outside plant, support software, and electronics. Develop service agreements as required. Submit update reports detailing the progress of the connectivity project. Submit update reports to the Public Works Director via fax or electronic mail. Perform other tasks deemed necessary by the City. 2. Contractor shall attend meetings with City Staff, Connectivity Committee, and City Council as required with respect to this Statement of Work. EXHIBIT B Terms of Payment The Consultant will invoice the City each month for work completed as described in Exhibit A. Said invoice shall not exceed eight thousand, five hundred dollars ($8,500) per month. Invoices will be paid within twenty (20) days of receipt.