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HomeMy WebLinkAbout10-061 - Telecom Services - Telephone Maintenance10 -061 Council Approval N/A 2010 -2011 CITY TELEPHONE SYSTEM MAINTENANCE CONSULTANT AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City ", and Telecom Services Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform maintenance and repair of the City's Executone Telephone system. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services required pursuant to this Agreement immediately after written notice is given to proceed, unless an extension of such time is granted in writing by the City. This Agreement shall be for a term not to exceed 12 months from the "Notice to Proceed" date. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall not exceed $13,140 (includes 9.5% taxes) without express written modification of the Agreement signed by the City. B. The Consultant will submit invoices to the City once per month. Such invoices will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is ���� Gik 16 /NHS executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. Indemnification. The Consultant 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 Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant 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 Consultant. 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 Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $50,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Prevailing Wages. The Consultant shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required, "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 10. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 the Consultant nor any employee of the Consultant shall (W:PW Eng /Projects /Communications /Consultant Agreement Telephone System) 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 11. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. (W:PW Eng /Projects /Communications /Consultant Agreement Telephone System) • 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Telecom Services Inc. 4227 S. Meridian Ste #213 Puyallup, WA 98373 18. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 1 day of CITY OF TUKWILA Mayo /17 Attest/Authenticated: CONSULTANT By: g 1a Printed Name: RO AL ll y Title: il-icCe7 Approved as to Form: (W:PW Eng /Projects /Communications /Consultant Agreement Telephone System) •ECEIVEn (NAY 2 4 2O10 TUKWILA PUBLIC WORKS • Telecom Service Inc. 4227 S.Meridian Ste. #213 Puyallup, wa. 98373 253 - 208 -5317 Maintenance Terms & Conditions Client Information Name City Of Tukwila Address 6300 Southcenter Blvd. Tukwila, WA.98188 Phone 206 -433 -0179 FAX 206 -431 -3665 Date 05/04/10 Contact Frank lriarte Customer 107 Phone 206 -431 -2445 Regular Service : Parts and Labor coverage is provided within 24 hours during normal working hours (8:00 AM to 5:00 PM. Monday through Friday), excluding Federal holidays Moves,Adds, and Changes are not included. MAC rate is $70.00 a hour. Major Outage Service : Major outage coverage is provided within 3 hours during normal working hours (8:00 AM to 5:OOPM, Monday through Friday), excluding Federal holidays. Responsibilities Of Telecom Services Inc. : Company shall perform all maintenance service and repair and fumish all labor, materials and replacement parts necessary to keep the product in satisfactory working condition as described in the manufactures specifications. Responsibilities Of Customer : 1. Vandalism, fire, water damage, acts of God. 2. Negligence of Company or non - Company Personal. 3. Lightning and power surges (Items 1, 2, and 3 are NOT covered) Locations : 6300 Southcenter Blvd. Tukwila, WA. 98188 System is Executone IDS 432 Executone Voicemail VX2 With 259 phones & 96 lines 14000 Interurban Ave. Tukwila, WA. 98168 System is Executone IDS 108 24 phones & T1 point to point Maintenance agreement is from 5/29/10 to 5/28/11 Invoice Amount $12,000.00 plus tax 600 Minkler Blvd. Tukwila, WA. 98188 System is Executone IDS 108 11 phones & T1 point to point Respectfully Submitted ted64---t Customer Signature Date Date