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85-917 WHITE - CI7V CLERK PINK - FINANCE G I TY O F SA I NT PA II L Council �.` �`� . CANARV - DEPARTMENT BLUE - MAYOR File NO. ✓ Coun 'l Resolution . . Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the proper City officials are hereby authorized and directed to execute an agreement with ITT TELECOM PRODUCTS CORPORATION, BUSINESS & CONSUMER COMMUNICATIONS DIVISION, for the providing of installation of and changes to certain ITT equipment in the Communication Center of the St. Paul Police Department, a copy of said agreement to be kept on file and of record in the Department of Finance and Management Services. COU[VCILMEN Requested by Department of: Yeas Nays � Drew �G l �l tvtasanz �_ In Favor Nicos�a B �A n- /!�J� IYI/� / Sche�be� __ Against Y !��—��-� Sonnen TAdesCp Wils n •�U�. - 9 1985 Form ove y Cit Attor Adopted by �ouncil: Date C Certified Y� - - b ouncil S� et BY ' {j By t�ppr ve y Mavor. Date � �U� � � Approved b Mayor f Su is ' n to Council . BY - — Y PUBLIS�iED ���� 2 �'� 1985 Po 1 i c��� _ DE PARTMENT `�`� -���= fi�""�' NO �.5 7`� P ' ll ' Sanders �� CONTACT �� hi ip L. 292-3599 PHONE June 7, 1985 DATE 1 e�� Qr �i,i ASSIGN NUMBER FOR ROUTING URDER (Clip All Locations for Signature) : � Department Director Director of Management/Mayor ,� Finance and Management Services Director City Clerk Budget Director � City Attorney WHAT WILL BE ACHIEVED BY TAKING AC7ION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The attached agreement will allow the St. Paut Police Department, Communications Services and Maintenance Unit to install standard telephone interface equipment when connecting to North- western Bell Telephone lines. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: None �i�Ct:i��i c.L7 JUPd .�$ ;qRS �.������ J �:;;�,� FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction; None quired if under $10,000) Funding Source: Activity Number: ATTACHMENTS (List and Nu�nber All Attachments) : . � r��r���r� � t . Four (4) Copies of Agreement a2,. C��;u��� -/�,F��u�� J UP� 18 19a5 OFFICE OF THE DIi�EC70R , DEPARTMGEM NT SERV.ICES pND M� DEPARTMENT REVIEW CITY ATTORIVEY REVIEW � :' Yes X No Council Resolution Required? Resolution Required? Yes No Yes �No Insurance Required? Insurance Sufficient? Yes No�/� Yes �No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN SHEET ` The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount; is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must•always be first signed by the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. -Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Manaqement/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHN�NTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship�with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. � . � . � �'j= �� 9�� '. � ' Pa�e 1 of 6 1TT Te%com Products Carporaiion P. O. Box 831, Fulton Drive Corinth, Mississippi 38834 (60�)287-5281 Telex 53-4435 ���E���A � MAY 0 6 �g$� sac�s ���: ��r ��l�T� THIS AGREEriENT is made as of this 12th day of April , 1985 between ITT TELECOM PRODUCTS CORPORATION, BUSINESS & CONSL^1ER CO:�gfUNICATIONS DIVISION (hereinafter referred to as "ITT") , with a principal place of business at Corinth, Mississippi, and Henry A. Schwartz, Jr. (hereinafter referred to as "Installation Supervisor"), with a principal place of business at - St. Paul, MN 55101 , who in accordance with the tera;s and conditions of the Agreement shall be appointed as a Limi�ed Agent o� ITT to supervise the installation of and changes to certain ITT Equipment (hereinatter referred to as "Equipr�ent") , set forth in Exhibit A attached hereto and as subsequently modified, in accordance with Section 68.214 and Section 68.215 of Part 68 of the Rules of the Federal Communications Commission, "Connection of Terminal Equi�ment to the Telephone �etwork", and City of St. Paul, MN (Comm. Ser & Maint) �hereinafter referred to as "Employer"), with its principal place of business at St. Paul. MN 55101 � .. . . � ' Page 2 of 6 ��3 - /�/7 1. ITT appoints Installation Supervisor as its Limited Agent to supervise operations associated with the installation, connections, reconfigurations, and removal of the Equipment to the extent required for Installation Supervisar to represent that any installation of and changes to the Equipment and associated wiring are in compliance with the rules of Part 68 of the Federal Communications Commission regarding connection of terminal equipment to the telephone network. 2. The limited authorization set forth in Paragraph 1 hereof does not include an authorization to represent er to act on behalf of ITT or its affiliated companies other than as specifically stated above and without limitation d�es not include authority to amend any filings or alter any information provided by ITT to the Federal Communications CommisGion in conjunction with the registration of the Equipment, to enter into any contract, undertaking, or agreement of any kind whatsoever, or make any promise, warranty, or representation with respect to ITT or its affiliated companies or the Equipment other than the representation that the operations by installation personnel will be perf.ormed so as to comply with the rules of Part 68. This Agreement does not authorize the L:mited Agent or the Employer to hold themselves out as an authorized distributor, sales agent, or representative of ITT. No representations shall be made which incorrectly characterize the relationship between ITT, the Limited Agent, and Employer established by this Agree�ent. The ITT logo shall not be used by the Limited Agent or the Employer without advance written authorization from ITT. . ITT SHALL NOT BE LIABLE TO THE EMPLOYER OR THE LIMITED AGENT , FOR ANY ACTUAL, SPECIAL, OR CONSEQUENTIAL DA1�IAGES OR FOR ANY LOSS, DA.'�LAGE, OR EXPENSE DIRECTLY CR INDIRECTLY ARIS I�G FR0:1 THE PERFOR�fahCE OF ACTIVITIES QF INSTALLATION SUPERVISOR AS SET FORTH IN PARt1GRr1PH 1 HEREOF OR ARISING FROM ANY PERSON'S INABILITY TO USE THE EQUIPMENT, 3. Installation Supervisor and Employer jointly and severally shall at all times indemnify and hold harmless ITT from and against any and all claims, damages, liabilities, costs, and expenses (including hut _ _ - � . . . . . ��s 9,� ITT Te].ecom Products Corporation Page 3 oi b not limited to reasonable attorney`s fe4s) by reason of any and all actions or proceedings charging ITT with any Iiability caused by the failure or refusal of Installation Supervisor and/or Employer to comply with the terms hereof. � (See Exhibit C) � 4. Installation Supervisor, in performing activities as required by Section 1 hereof, shall conform to (a) all practices and instructions cortained in manuals prov�ded by ITT or generaily available in the trade, (b) the rules of Part 68 of the Federal Communications Commission as presently constituted and as amended, (c) the requ�re�ments and tariffs o� the local operating telephone company, (d) good ir.stallation and worl�anship practices, and (e) all relevant state and local laws relating to the activities of the Installation Supervisor. Installation Supervisor shall perform routine repairs of the Equipment as authorized by ITT solely in accordance wi.th Section 68.216 of Part 68. 5. Installation Superv�sor �and Employer shall keep a record of the Equipment installed or changed and sha1X provide such informatio� on a calEndar quarterly basis to ITT (as shown in Exhihit B) , and such other additional infox`mat�on as ITT may periodically request. Installation Supervisor further agrees to subscribe to a U.S. Government Printing Office publication which will provide a complete updated compilation of �.:� __i_•s of Part 68 of the Federal Communications Commission. 6. ITT shall at all times be permitted b.y Installation Supervisor and Enployer to inspect installed Equipment, and Installation Supervisor shall assist ITT in obtaining permission necessary to so inspect such Equipment. 7. The term of this Agreement commences of the date hereof and shall continue in full force and effect thereafter until December 31, 1986 : . . . . . �ir-' �.�_ ��7 � Page 4 of 6 unless terminated with or without cause by either party by giving to the other party fifteen (15) days prior written notice by registered or certi£ied mail, returrt receipt requested. Notwithstanding the foregoing, this Agreement sha�l terminate immediately upon Installation Supervisor no longer continuing in the enploytr.ent of Employer, upon the insolvency of the Installation Super�isor, or the insolvency of Employer, or the filing of a petition to decl.are Installation Supervisor or Employer as bankrupt or insolvent, or the esecution of an assigrunent by Installation Supervisor or Employer for the benefit cf credito�s, or upon the appointment of a receiver of Employer for any reason, or upon a breach by the Installation Supervisor or Employer of any of the terms and conditions of this appointment. 8. The expiration or termination of this Agency for any reason shall be without prejudice to the rights of ITT against the Install.ation Supervi�or or Employer and shall not relieve the Installation Supervisor or Employer of any of their obligations and guarantees under this Agreement. 9. The provisions herein contained constitute all of the tertns � and conditions of this A reement and su ersede an and all g p Y prior agreements and understandings, written or oral. No changes or additions hereto shall be binding upon either partS unless in writing and signed by an authorized representative of each party. 1Q. A11 notices given pursuant to this Agreement shall be in writing and, unless otherwise specifically provided herein, shall be deemed to have been given when delivered personally to a party or to an of�icer _� ' �he parry to be notified, or when sent by registered or certified mail, returr. receipt requested, to Installation Supervisor at: � ' ' � � Page 5 of 6 (��",s 9i� (To be completed by Installation Supervisor) Instailation Supezvisor _ Henry A. SchWartz, Jr Company Name City of St. Paul, Mn. Police CSM Address 100 E. lOth Street City/State/Zip Code St. Paul Mn. 55101 Telephone Number 612-292-3592 To Employer at: •(To be completed by Employer) Company Name City of St. Paul, Mn Address Police, C S M Uni[ - 100 E. lOth Street City/State/Zip Code St. Paul, Mn. 55101 Telephone Number 612 - 292-3599 To ITT at: ITT Telecom Products Corporation Business 8� Consumer Communications Division P. O. Box 83! Corinth, MS 38834 Attention Screening Co�nittee i7ritten notification must be provided by a party whose address, as listed above, is changed. �. , � _ . • � �'s-qi� Page 6 of 6 11. The validity, performance, and interpretation of this Agree�ent shaZl be governed by the Laws of the State of Mississippi. IN WITNESS WHEREOF, the parties hereto have caused these presenCs and their respective corporate seals (if available) to be hereunto affixed as of the da[e and year first abov� written. Company: Ci[y of St. Paul, Mn. BY=��� r {�1i tne s s: � �„�, � ���,,� nstallation Su isor T�^'" BY= �c h'`" �t�c.-� (.�11�_ Witness: ��C-�- '�/ /��t�� Police Chief BY= ess: /j/j,�.,� Director, De t. of Finance and nagement Services Y� � � " Witness: � � ���� Mayor Approved as to Form: � �../�" Assistant City A[torney Company: ITT TELECOM PRODUCTS CORPORATION BUSINESS d� CONSUMER COI�NUNICATIONS ' DIVISION BY= Fli tness: � , � ��, _ . . � �s_qi7 E:�IIBIT A - The aforementioned Installation Supervisor is hereby authorized to install and maintain the following "grandfathered" or registered Equipment, in compliance with Part 68 of the rules of the Federal Communications Commission. ITT KEY SYSTE�fS FCC REGISTRATION RINGER EQUIV. USOC lA2 (ineluding AS293P-b7148-IQV-E 0.8A RJ21X KSO1, K512 and K601) K76A AS293P-b7147-KN-E 0.8A RT21X K36A AS293P-67162-KN,E 0.8A RJ21X MKS 13I AS293P-67149-Kid-E 0.7A RJ2IX 584C AS293P-68181-KN-E O. 1B RJ21X . . . . � . . ��,�= 9�� Mail to: ITT Telecom Products Corporation ' P. O. 3ox 831 Corinth, ViS 38834 Attention: Agency Screening Committee EXHIBIT B RECORD OF EQUIPMENT INSTALLED QUARTERLY REPORT Company Addres s City State Zip Equipment Installed (1A2, K501, K512, K?bA, No. Customer Name K36A, MKS131) of StaEions No. of Lines Installation Supervisor (Type) Installation Supervisor's Signature NOTE• Please print or type all information and use additional pages as required. • Information should be submitted for the prior three monthe on April 1, July 1, October 1 ana January 1. . �.�, ., . . - � �- �s 9�7 E R H I B I r •C� Please be advised that in consideration of ___ ('" y of St Paul Mn. being authorized Lo install certain ITT equipment (as set forth in Exhibit A of the "Limited Agency Agreement") utiliziitg City of St. Paul. Mn. personnel trained in the installation and maintenaece of such equipment , Ci[y of St. Paul, tin. of St. Paul, Mn. agrees to indemnify and hoid harmless ITY Telecomsunications , its subsidiaries, successors in interest , agents, servants, attorneys and assigns, fros any and alt claims , ac[ioas , causea of action and liabilfties arising out of the instaliation and maintenance of said equipnent to tbe linits of dfnnesota Statutes, Cbapter 466. Please be furtber advised that City of St. Paul, Mn. is a corporation and is self-insured . Because of its status no certificate of insurance can be provided for you . Claims urill be settled and judgments satisfied on the basis of [6is self-insured status .