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05-179Council File # �y��19 Green Sheet # 3025126 RESOLUTiON CITY QF SAINT PAUL, MINNESOTA Presented By: 22 Referred To: ` Committee:Date: 1 BE I1' RESOLVED, that the City Council authorizes the City of St. Paul, Police Department to enter 2 into the attached agreement with Qwest Govemment Services, Inc., w6ich includes an indemnification 3 clanse. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ai az 23 24 25 26 27 28 29 30 31 32 33 Yeas Nays absent Requested by Department o8 Benanav ✓ v Adopted by CounciL• Date: ��r/� � Adoption Certified by Couucil Secretary: � � by City Approved by5']�yoc Date: _,�'������ � A�4�d�by Mayor for By: Qwest 911 � Green Sheet Green.Sheet Green Sheet Green Sheet Green Sheet Green Sheet � pp — POticeDepaztrnent Contact Pe'son & Phone: Chief John Harrington 266-5588 Must Be on Council Aaen Date initiated: 04-FEB-0S � Assign Number For Routing Order Total # of Signature Pages _J_ (Clip All Locations for Signature� Action Requested: Approva] of fhe attached counci] resolution authorizing the City of St. Paul, Police Department, to enter into an agreement with Qwest Government Services, Inc. ((Qwest) for the maintenance of 911 telephone equipment. (Copy of agreement attached). idations Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission �f�� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Qwest provides 911 telephone equipment maintenance and repair support to the St. Paul Po]ice DepartmenYs Emergency Communications Center (ECC) for deparhnent-owned 911 telephone equipment. This maintenance and repair service is provided under the authoriry of an annual maintenance agreement. The attached council resolution authorizes the ageement for the calendar yeaz 2005. AdvanWqes If Approved: ' Qwest will pravide 24/7 response to 911 telephone equipment problems and outages, ensuring rapid response and continuation of essential 911 telephone service for the public. Service, maintenance, and repairs provided under this annual maintenance agreement cost significantly less than services provided on a"Yime and materials" basis. Disadvantages If Approved: None. Sr -" �. Disadvantages If Not Approved: � Repa'v technician response to 911 outages and problems would be delayed, and would cost the deparhnent far more than with #his maintenance agreement. Service to the public would be significantly reduced or interrupted completely while waiting for an available repair technician. 7otat nmount ot 12264.96 Transaction: Funding source: Special Fund Fina�ial lnformation: (Explain) CasURevenue Budgeted: �� Q(j-l Green Sheet NO: 3Q25126 0 IiceDe a ent P IiceDe artpeot 1 oliceD a ent De artmentDirector 2 i A me i ttoro __�� 3 a oYs Oflice Ma od ssistant 4 ouneil Co ncil 5 i Clerk Ci Clerk 6 o i D ent P lice De a ent Personal Service Contracts Must Answer t. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personffirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet nctivity Number: GL 436-34911-0275 &�C"!R>�r;+ ''} � i_ o I _ ; _ , - .. .. ? ��`-. �.,_. x y.�_ � � � �� '$ .. .��i;; FEB 2 8 2�05 ��� � ��` ������ �; ven�ar v �ea� y-� � w�4v ai. rew ivu� i � v i reaune u i-u4 u5� aoc Page 1� (Yj ll°� PUSLIC SAFETY PRODUCT CPE E911 FULL REMEDIAL MAINTENANCE AGREEMENT Qwestinterprise America, Inc.. ("QwesY), a corporation organized under the laws of the State of Colorado, and City of Saint Paul, Police & Fire Departments, ("Customer'�, a public entity organized under the laws of the State of Minnesota hereby enter into tfiis Public Safety Prod�ct Maintenance Agreement ("AgreemenY�. 7. Products and Services Supplied under this Agreement. Qwest wilt provide maintenance seniice on the Public Safety Product(s) specified in Attachment 1 to this Agreement, referred to hereinafter as "Service", according to the terms described in Attachment 2, titled, "Maintenance Provisions." 2. Term. The term of this Agreement will be deemed to have commenced on January 1, 2005, and end on December 3�, 2005. Thereafter, the parties may renew this Agreement for annual terms by written agreement. The rates and charges may be revised at the time of renewal and any renewal will specify any change in compensation or charges payable to Qwest. 3. Maintenance Charges and Payment Terms. 3.1 QwesYs charges for maintenance performed under this Agreement are set forth in Attachment 3. Ail charges will be invoiced monthly and paid within thirty (30) days after receipt of the invoice and in accordance with the Payment Schedules referenced in Attachment 3. 3.2 Late Payment Charge - Qwest will apply a service charge of 1-1/2% per month on any unpaid bafance noi received by Qwest within thirty (30) days of the invoice date. 4. Taxes and Fees. Prices do not include taxes or fees, of any kind, established by governmental authorities. Customer will pay all such applicable taxes and fees when billed by Qwest. Alternatively, Customer may supply Qwest a tax exemplion cert�cate in a form satisfactory to Qwest. 5. Customer Resgonsibilities. 5.1 Customer will be responsible for maintaining proper environmental conditions at SITE, including but not Iimited to, air conditioning, (if applicable), cleanliness, and temperature requirements, and for meeting electrical requirements. 52 Customer wilf ensure its personnel are available at SlTE when maintenance is needed, providing free access for Qwest personnel to supply maintenance services. 6. Lawfulness. This Agreement and the parties' actions under this Agreement will comply with all applicabie federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or re�ulations mandated by the legalfy constituted authorities will act as a modificafion of a�y agreement to that extent without further notice. 7. Force Majeure. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by an unforeseeable event (other than a failure to comply with payment obligations) beyond the reasonable controf of a party, including without timitation: act of God; fire; flood; labor strike; sabotage; fiber cut, material shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely piace orders therefor; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions; war or civii disorder; or failures of suppliers of goods and services ("Force Majeure Event°). DGM/OMR #'1103240 replaces expired OMR # 95845 Page 1 Copyright �O 2004 Qwest. All Rights Reserved. v1 1405 Denise O'Lea 1103240 St. Paul MNTC v1 redline 01-04-051.doc rage � p5-t'1'� 8. Heaith and Safety Compliance. Qwest and Customer will adhere to all applicable health and safety laws, rules and regulations including the Occupational Safety and Health Administration's ("OSHA") rules and regulations. Customer agrees to certify that there is no asbestos on any premises in any areas where Qwest will be working. In the event Customer will not certify an asbestos free environment or asbestos is discovered in the Qwest work area, there may be additional costs to perform under this Agreement in compliance with OSHAs rules and regulafions. Customer underetands and agrees this Agreement does not include the prices attributable to working in an asbestos environme�t including, but not Iimited to, asbestos sampling, testing, cleanup, or rerouting or delays caused by any of the above. Customer understands and agrees that prices attributable to any of the above will be in addition to the price agreed to herein and Customer agrees to pay the additional amounts. Customer's noncompliance with this provision will be considered as Customer's default under this Agreement. 9. Limitation of Liability. 9.1 OPERATION OF PUBLIC SAFE7Y SVSTEMS, AND PUBLIC SAFETY PRODUCTS IS 7HE COMPLEfE AND SOLE UNDERTAKING OF CUSTOMER. QWEST'S SOLE UNDERTAKING IS LIMITED TO PROVIDING MAINTENANCE SERVICE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. 92 THE PROVISION OF 9-1-1lE 9-1-1 MAINTENANCE SERVICES BY QWEST TO CUSTOMER WILL NOT BE INTERPRETED, CONSTRUED, OR REGARDED, EITHER EXPRESSLY OR IMPLIED, AS BEING FOR THE BENEFIT OF, OR CREATING ANY QWEST OBLIGATION 70WARD ANY THfRD PARTY OR LEGAL ENTITY OTHER THAP! CUS70MER. THIS AGREEMENT BENEFITS ONLY QWEST AND CUSTOMER; THERE ARE NO THIRD PARTY BENEFICIARIES. 9.3 IN NO EVENT WILL QWEST BE LIABLE TO CUSTOMER, OR TO ANY PERSON OR COMPANY USING ANY PRODUCT MAINTAINED HEREUNDER, OR TO ANY PERSON TO WHOM CUSTOMER FURNISHES A PRODUCT OR SERVICE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OF ANY KIND, AR{SING IN CONNECTION WITH, OR AS A RESULT OF THIS AGREEMENT. 9.4 QWEST'S SOLE LIABiLiTY WILL BE FOR ANY DfRECT OR ACUTAL DAMAGES RESULTING FROM ANY QWEST NEGLIGENCE, INTENTIONAL ACTS, OR MATERIAL BREACHES OF THIS MAINTENANCE AGREEMENT. AND IN NO EVENT WILL QWEST' LIABILITY FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER EXCEED TNE HIGHER OF THE REPAIR COST OR THE REPLACEMENT COST OF THE PRODUCT rROM WHICH T1iE CLAfM ARISES. 10. Subsequent Changes and Additions. 10.1 Amendments, modifications and supplements to this Agreement will be enforceable provided any amendments, modifications or additional schedules or supplements wifl be in writing, wilf reference this Agreement, and wilV be signed by authorized representatives for both parties. 102 PAodifications or additionaf schedufes will not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification or supplement. The term "this AgreemenY' as used herein will be deemed to include any future amendments, modifications and additional schedules made in accordance herewith. 10.3 The parties may make rearrangements, additio�s, changes and modifications to the equipment and any other service modification, and may make such changes or additions upon the verbal request of Customer, but such rearrangements, additions, changes and modifications may occur no more than four (4) times a year. 11. Assignment & Right to Subcontract. tVeitfier party witl assign, sublet, or transRes any interest in this Agreement without the prior written consent of the other party, which consent will not be unreasonabiy withheld; provided, however, that Qwest may assign and transfer this Agreement to any parent, subsidiary, successor, affiliated company or other business entity without the prior written consent of Customer. lt is specifically agreed that Qwest may subcontract all or any portlon of the work without the prior written consent of Customer. Qwest will remain responsible for the work of any subcontractor. 12. 6cclusive Provider. Qwest agrees that it will, during the term of this Agreement, purchase the Services DGMlOMR # 1103240 replaces expired OMR # 95845 Page 2 Copyright OO 2004 Qwest. Afl Rights Reserved. v1 1-4-05 � Denise O'Leary n 1103240 St. Paul MNTC v1 redline 01-04-051.doc Page 3, described herein, only from Qwest Corporation ("Qwest Corporation°); except in the event of emergency circumstances in which Qwest Corporetion advises Qwest that it cannot provide such Services within the reasonabiy requested time period required by Customer. Qwest will notify Customer, in writing, in the event Qwest Corporation cannot perform such Services. 73. No License of Name. This Agreement will no{ consiitute a license to either party of the other partys trade name, trademark, or any related property. Neither party will have the right to use the other party's name in any way whatsoever without the prior written consent of the other party. 1A. Qwest Obligations. Qwestwili perform ordinary maintenance on, and repairs to, Products listed in Attachment 1 as to manufacturer's originai performance specfications. Qwest has no obligation to replace Product which can reasonably be repaired in the ordinary course of performing maintenance services. Qwest will not maintain, repair or replace software resident within or added to Product; the responsibilities of Qwest with respect to resident software will be limited to any remedies provided by the manufacturer of Yne resident Software, which witf be passed through directty to Customer. Qwest has no responsibilities under this Agreement with respect to add-on software unless such responsibilities are specifically agreed to by both parties and incorporated via Supplement to this Agreement. 15, fndemnification for Claims Associated with Personal fnjury, Death, or Property Damage On1y. Each party will indemnify and hold harmless the other party in connection with claims, losses, damages, liabilities, and law suits to the extent they arise from, or are alleged to arise from, negligent acts solsly in connection with a party's performance under this Agreement or a party's use of , or operation of , the Ptrduct9s) sold, installed, and maintained under this Agreement. This indemnity extends soleYy 10 claims and laws�its for personaf injury, deatfi, or destrudion of tangible property. IN NO EVENT WILL QWEST BE LIABLE FOR ANY INDRIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. 16. Qwest Responsibility. Qwest wilV be responsible for any actuaf, physical damages Qwest directiy causes in the course of its performance under this Agreement, limited to damages resulting from personal injuries, death, or property damages arising from QwesY negligence or wrongful acts to the extent of such negligence, PROVIDED, HOWEVER, THAT QWEST, WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDRIECT, OR SPECIAL SDAMAGES, INCtUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSiNESS, OR LOSS OF PROFIT. 17. Limited and Exclusive Warranty; Exclusions. 17.1 THE WARRANTY PROVIDED IN THIS PARAGRAPH IS LIMITED AND EXCLUSIVE NO OTHER WARRANTIES OF ANY KINp, EXPRESS OR IMPLIED, INCLUDING, Bt1T NOT LIMITED TO, WAftANTIES OF MERCHANTABfLITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY TO MAIINTENANCE SERVICES RENDERED UNDER THIS AGREEMENT. 172 QWEST'S WARftANTY EXTENDS FOR SVINETY (90) DAYS FROM THE DATE OF A MA�NTENANCE SERVtCE VISIT BY QWEST. IF QWEST MAINTENANCE SERVICE IS NOT CONDUCTED IN A PROFESSIONAL MANNER OR IT IS MATERIALLY DEFECTIVE, OR IF MATERIALS USED BY QWEST IN SUPPLYING MAINTENANCE SERVICE ARE MATERIALLY DEFECTIVE, CUSTOMER'S SOLE REMEDY WILL BE TO REQUIRE QWEST TO AGAIN PERFORM MA4NTENANCE SERVlCE, CORRECT EARtfER MATERIAL DEFECTS tN SUCH SERVICE, AND REPLACE ANY MATERIALLY DEFECTIVE MATERIALS USED. 17.3 QWEST WARRANTS MAINTENANCE SERVICE QWEST PROVIDES UNDER THIS AGREEMENT WILL CONFORM TO MAfVUFACTURER'S SPECIF4CATIQNS, TERMS AN� CONDITIONS SET FORTH IN THIS AGREEMENT. 17.4 QWES7 WARRANTS THAT PERSONNEL WHO PERFORM MAINTENANCE TASKS AND FUNCTIONS FOR QWEST fN CONNECTION WITH THIS WARRANTY UNDER THIS AGREEMENT WILL BE QUALfF1ED TO PERFORM ASSIGNED TASKS AND FUNCTIONS IN A PROFESSIONAL MANNER. 17.5 IF THE SERVICES PROVIDED BY QWEST UNDER THIS AGREEMENT FAIL TO MEET THE TERMS OF THIS WARRANTY AS A RESULT OF FORCE MAJEURE CONDITIONS, ACTIONS OR NEGLfGENCE BY CUSTOMER, ACTIONS OR NEGLIGENCE BY THIRD PARTIES OR UNRELATED PERSONS (OTHER THAN AN AGENT OR INDEPENDENT CONTRACTOR OF QWEST), OPERATOR ERROR, USE OF IMPROPER SUPPLIES, OR CUSTOMER'S CONNECTION OF PERIPHERAL PRODUCT, CUSTOMER WILL PAY ALL COSTS AND CHARGES ASSOCIATED WITH MAINTENANCE AND REPAIR ACTIVITIES. DGM/OMR # 1103240 replaces expired OMR # 95845 Page 3 Copyright � 2004 Qwest. All Rights Reserved. v'I 'I-4-05 ; Denise O'Leary - 1103240 St Paul MNTC v1 redline 01-04-051 doc Page 4� � "�� \ 17.6 THIS WARRANTY IXCLUDES, AMONG OTHER THINGS: 1) ELECTRICAL WORK OF ANY KIND DCTERNAL TO MAINTENANCE PERFORMED UNDER THIS AGREEMENT; 2) ANY WORK OR PRODUCT RELATING TO MAINTAINING A PROPER ENVIRONMENT AT SITE; 3) SUPPLIES AND MATERIALS FOR PAINTING OF, OR REFINISHING OF, PRODUCT SERVICED UNDER THIS AGREEMENT, 4) WARRAN7Y AND MAINTENANCE ON UNINTERRUPTIBLE POWER SUPPLY (UPS) ARE THROUGH THE MANUFACTURER AND DOES NOT INCLUDE BATTERY REPLACEMENT. 17.7 THIS WARRANN ALSO EXCIUDES ANY DIFFICULTlES WITH PRODUC7 ARISING FRQM TELECOMMUNICAT�ONS SUPPLIED TO CUSTOMER BY TELECOMMUNICATIONS COMMON CARRIER, CONTRACT CARRIER, OR PRIVATE CARRIERS IMCLUDING BUT NOT LIMITED TO INTERRUPTIONS IN LOCAL EXCHANGE TELEPNONE SERVICES. '17.8 QWEST DOES NOT WARRANT THAT MAINTENANCE SERVICE WILL PERMIT PRODUC7 OT OPERATE FREE FROM ERROR OR INTERRUPTION. THIS WARRANTY DOES NOT COVER SITUATIONS ARISING FROM EVENTS, FAILURES, OR ACTNS CONCERNING SALES, DELIVERY, INSTALLATION OR OPERATION OF PRODUCT. 18. Dispute Resolution. Jurisdiction for any dispute arising out of, or rela5ng to, this Agreement wilf be in Ramsey County, Minnesota.- 19. Notices. Excepi as otherwise provided herein, all required notices will be in writing, transmitted to Qwest at 1801 California Street, Suite 3800, Denver, Colorado 80202; Facsimile #: (303) 295-6973; Atte�tion: Legal Department, and to Customer at QwesYs then current address of record for Customer; Attention: General Counsel or other person designated for notices. Notices witl be considered given either: (a) when delivered in person to the recipient designated for notices; (b) when deposited in either registered or certified U.S. Mail, return receipt requested, postage prepaid; or (c) when delivered to an ovemight courier service. Customer's current address, facsimile number and person designated for notices are: 100 E 11'" Street, St Paul, MN 55101, FAX: 651- 292-3547,Tim Butler, Director. 20. Publicity. Neither party will, without the prior written consent of the other, use the name, trademarks, or other proprietary identifying symbol of the other party or its affiliates. Such consent by Qwest may be given in writing by the Executive Vice President of Corporate Communications or his or her designee. 21. Confidentiafity. Qwest agrees to abide strietly by Chapter 13 Chapter 13, Minnesota Government Data Practices Act, and in particular Minn. Stat. §§ 13.05, subd. 6& 11 and 13.37, subd. 1(b) and Minn. Stat. §§ 138_17 & 15.17. All of the data created, col{ected, eeceived, stored, used, maintained, or disseminated by the private person in performing functions under the Agreement is subject to the requirements of Minnesota Government Data Practices Ac4 antl Qwest must comply with those requirements as if it were a government entlty. The remedies in Minn. Stat. § 13.08 apply to Qwest. If any provision in this Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota state laws, including defnitions of confidential information, state law will control 22. Qwest Insurance Requirements. Qwest will be required to carry insurance of the kind and in the amounts shown below for the life of the agreement. Insurance certificates should state that the City of Saint Paul, its officials, employees, agents and representatives are named as Additional Insureds. 1. Public Liabilitv Insurance a) Bodily injury $1,000,000 each occurrence $ 2,000,000 aggregate b} Property Damage $1,060,000 each accident $2,000,000 aggregate c) Policy must include Products-Completed Operations coverage. d) Aggregate may be met through an excess policy. 2. Automobile Insurance a) Bodily Injury $ 750,000 per person $ 1,000,000 per accident b) Property damage not less than $100,000 per accident c) A combined single limit policy of $1,000,000 per accident is acceptable. DGNJOMR # � 103240 replaces expired OMR # 95845 Page 4 Copyright � 2004 Qwest. All Rights Reserved. v1 'I-405 Denise O'Leary - 1103240 St. Paul MNTC v1 redline 01-04-051.doc _ _ _ rage o; 3. Workers Comoensation and Emolover's Liabilitv a) Workers Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease po�icy limit. 4. General Insurance Reauirements a) The poficy is to be written on an occurrence basis or as acceptabte to the City. CeRificate of insurance must indicate'rf the policy is issued on a claims-made or occurrence basis. AII certificates of insurance shall provide that the City be given not less than thirty (30) days prior written notice of cancellation or non-renewal Agent must state on the certificate if policy includes errors and omissions coverage. b) Qwest shall not commence work until a Certificate of Insurance covering al� of the insurance required for this project is approved and the project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extensions periods. 23. General Provisions. 22.1 This Agreement will be governed by the laws of the state where Service is provided, without regard to its choice of law principles; provided however, that Service may also be subject to the Communications Act of 1934, as amended. 22.2 Neither partys failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. 22.3 If any term of this Agreement is held to be unenforceable, the unenforceable term will be construed as nearly as possible to reflect the original Intent of the parties and the remaining terms will remain in effect. 22.4 All terms of ihis Agreement which should by their nature survive the termination of this Agreement wi{I so survive. 22.5 This Agreement is intended solely for Qwest and its affiliates and Customer and it will not benefit or be enforceable by any oYher person or entity. 22.6 This Agreement, its Attachments and references, represent the entire agreement beriveen Customer and Qwest with respect to the subject matter hereof, and supersede all prior agreements or understandings, whether oral or written, relating to the subject matter hereof. Except for Service modifcations initiated by Qwest, a0 amendments to this Agreement will be in writing and signed by the parties' authorized representatives. Qwest may act in reliance upon any instruction, instrument, or signature reasonably believed by Qwest to be genuine. Customer agrees that any employee of Customer who gives any written notice or other instruction in connection with lhis Agreement has the authority to do so. IN WITNESS WHEREOF, Qwest and Customer execute and authorize this Agreement as of the last date shown below Cit� Aut Nai Titl Da Qwest Interprise America, Inc. Authorized Signature Name Typed or Printed Director of Offer Management Title Date �5-t1°l Page 5 (con't) Authorized Signature Name Typed or 'ntF Ma�or Title Date � Authorized Sign ture Name Typed or Pr tE Ci Attorne Title Date Authorized ignature Name Typed or P' tc Financial Servi� Title Date _ r nanicP [i�i PaN _ � �n��an St Paul MNTC v1 redline 01-04-051 doc �� � Page,6 � r �`� ` 1 A7TACHMENT1 TO PUBLIC SAFEfY PRODUCT MAINTENANCE AGREEMENT BETWEEN CUSTOMER AND QWEST INTERPRISE AMERICA, INC. ________=—__–��____=— -------------- ------------------------- CONFIDENTIAL INFORMATION PRODUCT SCHEDULE SITE CODE: 2111063100 CUST NAME: E911 St Paul Police & Fire Dept New Contract Term: 12 Months ADDRESS: 100 E 11th Street NewContractAnnual Amount: $12,264.96 St Paul, MN 55101 AE: Brian Kyllonen CONTACT: Cmdr. Fred Fisher AE Phone #: 612-664-2463 PHONE: 651-292-3567 SYS TYPE: E911 Positron Phones SYS N0: E9'11CONTC SYS S/N: 9110029 SOFI PART NO. DESCRIPTION QN 3500221N KSU 50LN W/PWRSUP RING GEN 1 3500224N CRD KTU LN CKT 43 3500248N 1A2 INTERRUP7 MECH 4517-9 3 3550377N LINE LAMP CONCTRTR IAP (PWR) 13 3560029N IAP INTERCONNECT PANEL (2X240) 7 3560054N IAP+ SERtAL MODULE DESK 13 3560D56N IAP+ LN MODULE 30 LN DESK 13 3560057N IAP+ POSITRON CONTROLLER 1 35G006�N IAP+ All DISPLAY EL– PNL 13 3560063N IAP+ CNTRL MOD W/4 WRE JK-DESK 13 6700030N PWRSUP 48VDC 10A- 19/23 4 3550237N EXPRESS 4W HNDST INTERFA 9 8080034N RACK EQUIP 19"X7' Z 3550426N EXPRESS TDD 4C(BD W/PRIIJTER 9 8100196N FUSE PNL GMT DUAL 20/20 W/ALM 2 3560057N IAP+ POSITRON CONTROLLER 1 New Contract Annual AmounY. $12,264.96 Denise O Leary - 1103240 8t. Peul MNTC v1 redline 01-04-051.doc rage i;� ATTACHMENT2 TO PUBLIC SAPEfY PRODUCT MAINTENANCE AGREEMENT BETWEEN CUSTOMER AND QWESTINTERPRISE AMERICA, INC. ____________________=___-__ ==---------------------------------------- CONFIDENl'tAL INFORMAT30N =______________________________� = =___—__------------------------ MAINTENANCE PROVISIONS General. After expiration of the warranty period all Product(s) listed in Attachment 1 will be maintained in accordance with the manufacturer's original performance specifications. Service and Scope. 1.1 Qwest will provide remedial maintenance on Product(s) listed in Attachment 1, riventy-four (24) hours a day, seven (7) days a week on a call out basis. �.2 Qwest wilf use its "best effort" to respond to service-affeding cafl outs within iwo (2) hours from receipt of ca0. 1.3 Remedial maintenance means maintenance Qwest deems reasonably appropriate and necessary to return Product(s) listed in Attachment 1 to proper operating condition as specified in the manufacturer's performance specifications. 1.4 Prior to call-out, Customer will foliow routine test procedures, as specified by Qwest, to localize the cause of a problem. 1.5 After localization of trouble to the Product(s), Customer will immediately notify Qwest, by phone, of any Product(s) malfunction. 2. Repair and Replacement of Parts. 2.1 Qwest will have the option to repair or replace Product(s) specified in Attachment 1, or parts thereof. 22 When Qwest replaces parts or Product(s), the replacement parts become the property of Customer and the replaced parts become the property of Qwest. 2.3 Qwest may, at its option, use reconditioned parts or components of Product(s) as replacements. In the event a better, more reliable replacement part becomes available, Qwest wili notify Customer and Customer will have the option to choose the exact replacement part or the new, more reliable replacement paR. 3. Ezclusionsfrom Covered Maintenance. 3.1 Service calls as a result of Product(s) not listed in Attachment 1, misuse of the Product(s), abusive environment, Customer modification, Customer interfaces with peripheral Product(s), moves, vandalism, operator error, use of improper supplies, Force Majeure events as described in Paragraph 7, or other causes beyond normal usage of the Product(s) are not covered by this Agreement. 32 Service calls to locations which are remote from the primary locations listed herein are not covered by this Agseement. 3.3 Headsets, Uninterruptible Power Supplies (UPS), Personal Computers (PC), and printers are not covered by this Agreement. 3.4 For Product(s) NOT exduded from maintenance coverage for reasons IisYed above in subparagraphs 3.1. - 3.3., Qwest will provide repair at QwesYs then current hourly charge rate for service technician and all parts required to repair the Product(s) will be paid by Customer at the then current parts list price. 4. Maintenance Price Adjustment. Qwest may initiate an increase on each anniversary of the effective date of the Agreement, not to exceed ten (10%) percent annually, provided Qwest notifies Gustomer, in writing, thirty (30) days in `Denise O'Leary_- 1103240 St. Paui MNTC v1 redline 01-04-061.doc _ rage o, p advance ofanysuchincrease. ; Denise O'Leary�- 1103240 St Paul MNTC v1 redline 01-04-051.doc raye a� �j�� ATTACHMENT3 TO PUBLIC SAFETY PRODUCT MAINTENANCE AGREEMENT BETWEEN CUSTOMER AND QWEST INTERPRISE AMERICA, INC. ______________-_______________=___-=___---------- ------ - - ---------------- CONFIDENTIAL INFORMATION MAINTENANCE CHARGES FULL REMEDIAL MAINTENANCE 1) MAINTENANCE SERVICE PRICES: (12 MONTHS) 2) Payment Schedufe. Customer witl pay the following charges on a monthfy bases. Monthlv_ $1,022.08 Customer Qwest (Initials) pnitials)