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06-196Council Ftile # RESOLUTION OF SAINT PAUL, NIINNESOTA Presented By: Referred To: � 3029131 0 1 BE IT RESOLVED, that the City Council authorizes the City of Saint Paul, Police Department to enter Z into the attached agreement with Qwest Governmeut 5ervices, Inc., which includes an indemnificarion 3 clause. A copy of said agreement is to be kept on File and on record in the O�ce of Financial Services. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Green Sheet # Committee:Date: 27 28 29 30 Yeas Benanav ✓ Bostrom �/ Harris Helgen �/ Lantry �/ Montgomery ` Thune Adopted by Council: Date: Adoption Certified by Cou: By: Approved by r: Dat : BY� _ � Absent Secretary: Requested by Deparhnent of: Q�\FiscaMO&CFn2005�E91 t.cc2006.x1s Appro d y ayor for Submission to Council: By: ��-�� Green Sheet Green Sheet Green Sheet Green Shee; Green Sheet Green Sheet � ' N _-Iq/� DepartmenUOffice%ouncil: Date Initiated: � � �� pD — poi��[x�,a�m,�c 2aoE� Green Sheet NO: 3029131 ConWCt Person & Phone: Deoartrnent Sent To Person Inkial/Date Chief John Harrington � 0 ' D a t P li e D t 266-5588 qu�9n 1 o'ce D artment arRnen[ Dir or Must Be on Council /�enda by(Date): Number 2 m ci Fn n'ai rvi For � RoUting 3 Attorne Ci Att rne Orde� - 4 a 's Offi Ma or/ sista t 5 o ncil Ci Council 6 i C7er i C rk 7 a' D rtment Poli ➢ rtme t Totai # of Signature Pages _(Clip NI Locations for Signffiure) Action Requested: Signature on the attached council resolution authorizing the Ciry of Saint Paul, Police Departmern, to enter into the attached agreement with Qwest Govemment Services, Inc. (Qwest) for the maintenance of 911 telephone equipment. RecommendaUons: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning,Commission 1. Has this persoNfirm ever worked under a contrad for this department? CIB Committee Yes No Civil Sennce Commission 2. Has this personlfirm ever been a city empbyee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Qwest provides 911 telephone equipment maintenance and repair support to the Saint Paul Police Department's Emergency Communications Center (ECC) for departinent-owned 911 telephone equipment. This maintenance and repair service is provided under the authority of an annual maintenance agreement. The' attached council resolution authorizes the agreement for the calendaz yeaz 2006. For more information regarding this council resolurion give Denise O'I,eazy a call at 651-266-5890. Advantape5lfApproved: Qwest will provide 2417 response to 911 telephone equipment problems and outages, ensuring rapid response and continuation of essential 911 telephone service for the publia Service, maintenance, and repairs provided under this annual maintenance agreement cost significantly less than services provided on a"time and materials" basis. DisadvanWgeslfApproved: �� , None. � ,�, ^ p ; ��` � Disadvantages If Not Approved: �} �� Repair tec}uucian response to 911 outages and problems would be delayed, and would cost the depai4ment faz more than with t6is maintenance agreement. Service to the public would be significantly reduced or interrupted completely while waiting for an available repair technician. Total Amount of iransaction: ��32'88 CosURevenue B�dgeted: Funding Source: SpeCial FUnd Activiri Number: 436-34911-0275 �� y�� Financiallnformation: �� 1 � ��L (Ezplai�) U .. �.l� 1 1l t�11 1 4,��8�� PUBLICSAFETYPRODUCT �_ �� CPE E911 FULL REMEDIAL MAINTENANCE AGREEMENT Qwest Interprise America, Inc.. (°Qwest"), 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 Minnesofa hereby enter into this Public Safety Product Maintenance Agreement ("AgreemenY'). 1. Products and Services Supplied underthis Agreement. Qwestwiil provide maintenance service on the Public Safety Product(s) specified in Attachment 1 to this Agreement, referred to hereinafter as "Service", according to the terms described in Attacfiment 2, titled, "Maintenance Provisions" 2. Term. The term of this Agreement wili be deemed to have commenced on January 1, 2006, and end on December 31, 2006. 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 pertormed under this Agreement are set forth in Attachment 3. Ail charges will be invoiced monthiy 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 balance not received by Qwest within thiriy (30) days of the invoice date. 4. Taxes and Fees. Prices do not include taxes or fees, of any kind, established by governmentaf authorities. Customer will pay ail such applicable taxes and fees when billed by Qwest. Alternatively, Customer may supply Qwest a tax exemption certificate in a form satisfactory to Qwest. 5. Customer Responsibilities. 5.1 Customer will be responsible for maintaining proper environmental conditions at SITE, inciuding but not limited to, air conditioning, (if applicable), cleanliness, and temperature requirements, and for meeting electrical requirements. 5.2 Customer will ensure its personnel are available at SITE when maintenance is needed, providing free access for Qwest �a�c��P� r� ��p�i� m��nro ss�,�ices. 6. Lawfulness. This Agreement and the parties' actions underthis Agreementwill complywith ail applicable federal, state, and focal laws, rules, regulations, court orders, and governmental agency orders. Any change in rates, charges or regulations mandated by the legally constituted authorities will act as a modification of any agreement to that extent without further notice. 7. Force MaJeure. Neither party will be �iable for any delay or failure to pertorm its obligations hereunder if such delay or failure is caused by an unforeseeabie event (other than a failure to comply with payment obligations) beyond the reasonable control of a par[y, inciuding without limitation: 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 place 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 EvenY'), 8. Health and Safety Compliance. Qwest and Customer wili adhere to aii 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 Customerwili not certify an asbestos 4ree environment or asbestos is discovered in the Qwest work area, there may be additionai costs to perForm under this Agreement in compiiance with OSHA's rules and regulations. Customer understands and agrees this Agreement does not include the prices attributabie to working in an asbestos environment inciuding, but not limited 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. Customers noncompliance with this provision wil{ be considered as Customer's defauit under this Agreement. OMR 1109940 replaces expired OMR #1103240 Page 1 Copyright OO 2004 Qwest. All Rights Reserved. v1 1-4-05 (S6-��rb 9. Limitation of Liability. 9.1 OPERATION OF PUBLIC SAFETY SYSTEMS, AND PUBLIC SAFETY PRODUCTS IS THE COMPLETE AND SOLE UNDERTAKING OF GUSTOMER. QWESTS SOLE UIVDERTAKING IS LIMITEDTO PROVID{NG MAINTENANCE SERVICE IN ACCORDANCE WITH THE TERMS AND CONQITIONS OF THIS AGREEMENT. 92 THE PROVISION . OF 9-1-1/E 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 CREATII3G ANY QWEST OBLIGAffON TOWARD ANY THIRD PARTY OR LEGAL ENTITY OTHER THAN CUSTOMER. THIS AGREEMENT BENEFITS ONLY QWEST AND CUSTOMER; THERE ARE NO THIRD PARTY BENEFICIARIES. 9_3 IN NO EVENT WILL QWEST BE LIABLE TO GUSTOMER, 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, OFANY KIND, ARISING IN CONNECTION WITH, OR AS A RESULT OF THIS AGREEMENT. 9.4 QWEST'S SOLE LIABILITY WILL BE FOR ANY DIRECT 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 DAMAGESARISING FROMANY CAUSE WHATSOEVER EXCEED THE HIGHER OF THE REPAIR COST OR THE REPLACEMENT COST OF THE PRODUC7 FROM WHICH THE CLAIM 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 will be in writing, will reference this Agreement, and will be signed by authorized representatives for both parties. 10.2 Modifications or additional 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 Agreement" as used herein will 6e deemed to include any future amendments, modifications and additional scheduies made in accordance herewith. 10.3 The parties may make rearrangements, additions, changes and modifications to the equipment and any other service modification, and may make such changes or additions upon the verbai request of Customer, but such rearrangements, additions, changes and modifications may occur no more than four (4) times a year. 11. Assignment&RighttoSubcontract. Neitherpartywillassign,sublet,ortransferanyinterestinthisAgreementwithout the prior written consent of the other party, which conse�t will not be unreasonably 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. It is specifically agreed that Qwest may subcontract all or any portion of the work without the prior written consent of Customer. Qwest will remain responsible for the work of any subcontractor. 12. Exclusive Provider. Qwest agrees that it will, during the term of this Agreement, purchase the Services described herein, only from Qwest Corporation ("Qwest Corporation"); except in the event of emergency circumstances in which Qwest Corporation advises Qwest that it cannot provide such Services within the reasonably requested time period required by Customer. Qwest will notify Customer, in writing, in the event Qwest Corporation cannot pertorm such Services. 13. No License of Name. This Agreement will not constitute a license to either party of the other party's trade name, trademark, or any related property. Neither party wili have the right to use the other party's name in anyway whatsoeverwithout the prior written consent o4 the other party. 14. Qwest Obligations. Qwest will pertorm ordinary maintenance on, and repairs to, Products listed in Attachment 1 as to manufacturer's original performance specifications. Qwest has no obiigation to replace Product which can reasonabiy be repaired in the ordinary course of performing maintenance services. Qwest will not maintain, repair or repiace software resident within or added to Product; the responsibilities of Qwest with respect to resident software wili be limited to any remedies provided by the manufacturer of the resident software, which will be passed through directiy to Customer. Qwest has no responsibilities under this Pgreementwith respect to add-on software unless such responsibif'dies are specficaify agreed to by both parties and incorporated via Supplement to this Agreement. OMR 1109940 replaces eupired OMR #7103240 Page 2 Copyright �02004 Qwest. All Rights Reserved. v1 1-4-Q5 c�-� q� 15. Indemni£cation for Claims Associated with Personal Injury, Death, or Property Damage Only. Each party will indemnify and hold harmless the other party in connection with c{aims, {osses, damages, liabilities, and law suits to the extent they arise from, or are alleged to arise from, negligent acts soleiy in connection with a partys performance under this Agreement or a pariy's use of , or operation of , the Products) sold, installed, and maintained under this Agreeme�t. This indemnify eutends solely fo claims and lawsuits for personal injury, death, or destruction of tangibie property. IN NO EVENT WILL QWEST BE LIABLE FOR ANY INDRIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER. 76. Qwest ResponsibiliEy. Qwestwili be responsible for any actual, physical damages Qwest directly causes in the course of its performance under this Agreement, limited to damages resuiting from personal injuries, death, or property damages arising from QwesY negligence or wrongful acts to the extent of such negligence, PROVIDED, HOWEVER, THAT QWEST, W4Ll NOT BE LIABLE FORANY INCIDENTAL, CONSEQUENTfAL, INDRIECT, OR SPECIAL SDAMAGES, INCLUDING 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 PAR,4GRAPH IS LIMITED AND EXCLUSIVE NO OTHER WARRANTIES OF ANY KtND, EXPRESS OR {MPLIED, INCLUDING, BUT NOT LIMITED TO, WARANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY TO MAIINTENANCE SERVICES RENDERED UNDER THIS AGREEMENT. 172 QWEST'S WARRANTY EXTENDS FOR NINETY (90) DAYS FROM THE DATE OFA MAINTENANCE SERVICE VISI7 BY QWEST. fF QWEST MAINTENANCE SERVICE 1S NOT CONDUCTED fN 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 MAINTENANCE SERVICE, CORRECT EARLIER MATERIAL DEFECTS IN SUCH SERVICE, AND REPLACE ANY MATERIALLY DEFECTIVE MATERIALS USED. 17.3 QWESTWARRANTSMAINTENANCESERVICEQWESTPROVIDESUNDERTHISAGREEMENTWILLCONFORM TO MANUFACTURER'S SPECIFICATIONS, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. 17.4 QWEST WARRANTS THAT PERSONNEL WHO PERFORM MAINTENANCE TASKS AND FUNCTIONS FOR QWEST fN COPJPJECTION WITFi THIS WARRANTY UNDER TH1S AGREEMENT WILL BE QUALIFIED TO PERFORM ASSIGNED TASKS AND FUNCTIONS IN A PROFESSIONAL MANNER. 17.5 IF THE SERVICES PROVIDED BY QWEST UN9ER THIS AGRFFMFNT FAii TQ MFFT THF TFF2f,AR QF TNIR WARRANTYAS A RESULT OF FORCE MAJEURE CONDITIONS, ACTIONS OR NEGLIGENCE 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 PAYALL COSTSAND CHARGES ASSOCIA7ED WITH MAINTENANCE AND REPAIR ACTIVITIES. 17.6 THIS WARRANTY EXCLUDES, AMONG OTHER THINGS: 1) ELECTRICAL WORK OF ANY KIND EXTERNAL TO MAINTENANCEPERFORMEDUNDERTHISAGREEMENT; 2)ANYWORKORPRODUCTRELATINGTOMAINTAININGA PROPER ENVIRONMENTAT SITE; 3) SUPPLIES AND MATERIALS FOR PAINTING OF, OR REFINISHlNG OF, PRODUCT SERVICED UNDER THIS AGREEMENT, 4) WARRANTYAND MAINTENANCE ON UNINTERRUPTIBLE POWER SUPPLY (UPS) ARE THROUGH THE MANUFACTURER AND DOES NOT INCLUDE BATTERY REPLACEMENT. 17.7 THIS WARRANTY ALSO EXCLUDES ANY DIFFICULTIES WITH PRODUCT ARISING FROM TELECOMMUNICATIONS SUPPLIED TO CUSTOMER BY TELECOMMUNICATIONS COMMON CARRIER, CONTRACT CARRIER, OR PRIVATE CARRIERS INCLUDING BUT NOT LIMITED TO INTERRUPTIONS IN LOCAL EXCHANGE TELEPHONE SERVICES. 17.8 QWEST DOES NOT WARRANT THAT MAINTENANCE SERVICE WILL PERMIT PRODUCT 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 ot, or relating to, this Agreement will be in Ramsey County, Minnesota. ' OMR 1109940 repiaces expired OMR #1103240 Page 3 Copyright OO 2004 Qwest. All Rights Reserved. v1 1-405 ! � . 19. Notices. Except as othernrise provided herein, all required notices wifl be in writing, transmitted to Qwestat 1801 Califomia Street, Suite 3500, Denver, Colorado 80202; Facsimile #: (303) 295-6973; Attention: Legal Department, and to Customer at QwesYs then current address of record for Customer, Attention: General Counsel or other person designated for notices. Notices will 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. Maii, return receipt requested, postage prepaid; or (c) when delivered to an overnight courier serv7ce. 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 Butier, Director. 20. Publicity. Neither party will, without the prior written consent of the other, use the name, trademarks, or other proprietary identifying symboi of the other party or its a�iiates. Such consent by Qwest may be given in writing by the Erecutive Vice Presidenf of Corporate Communications or his or her designee. 21. Confidentiality. Qwest agrees to abide strictly 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. AIt of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing functions underthe Agreement is subject to the requirements of Minnesota Govemment Data Practices Act and Qwest must comply with those requirements as if it were a government entity. The remedies in Minn. Stat. § 13.08 apply to Qwest. If any provision in this Agreement is in conflict with the Minnesota Govemment pata Practices Act or other Minnesota state laws, incfuding definitions of confidential information, state law will control. 22. Qwest Insurance Requirements. Qwest wili 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 o�cials, employees, agents and representatives are named as Additional Insureds. 1. Pubtic Liabilitv Insurance a) Bodily Injury $ 1,000,000 each occurrence $ 2,000,000 aggregate b) Property Damage $ 1,000,000 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 $ / 7 � 50,0 / 0 � 0 per person �9 ��L�n�QYn �P('�r�l(�PIt} b) Property damage not less than $100,000 per accident c) A combined single limit policy of $1,000,000 per accident is acceptable. 3. Workers Compensation and Emolover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Empioyer's Liability shali have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4. General I�surance Reauirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurre�ce basis. All certificates of insurance shall provide that the City be given not less than thirty (30) days prior written notice of canceliation or non-renewal Agent must state on the certificate if poiicy includes errors and omissions coverage. b) Qwest shall not commence work until a Certificate of Insurance covering aii of the insurance required for this project is approved and the project manager has issued a notice to proceed. Insurance must remain in p�ace for the duration of the originai contract and any extensions periods. 23. General Provisions. 22.1 This Agreement will be govemed 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. OMR 1109940 replaces expired OMR #1103240 Page 4 Copyright OO 2004 Qwest. All Rights Fteserved. v1 1-4-05 O(�,-LQ,6 222 Neither partys failure to insist upon strict performance of any provision of this Agreementwill be construed as a waiver of any of its rights hereunder. 22.3 {f any term of this Agreement is heid to be unenforceable, ihe unenforceable term wi11 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 this Agreement which should by their nature survive the termination of this Agreement will so survive. 22.5 This Agreement is intended solely for Qwest and its a�liates and Customer and it will not benefit or be enforceable by any other person or entity. 22.6 This Agreement, its Attachments and references, represent the entire agreement between Customer and Qwest with respecttothesubject matter hereof, and supersede afl prior agreements orunderstandings, whetherorai orwritten, reiating to the subject matter hereof. Except for Service modifications initiated by Qwest, all amendments to this Agreement wili be in writing and signed by the parties' authorized representatives. Qwest may act in reliance upon any instruction, instrument, or signature reasonabiy beiieved by Qwest to be genuine. Customer agrees thaf any employee of Customer who gives any written notice or other instruction in connection with this 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: For the City of Sairrt Pauf: Qwest Interprise America, Inc. Approved as to form: Assistant City Attorney Date Authorized Signature Executed.� Director, O�ce of Financial Services Date Department Director Signature Date Funding: Activity # and Activity Manager Signature Reviewed by CAS on 2/9/06 �'� ✓ Name Typed or Printed Offer Management Title 17aie OMR 1109940 replaces expired OMR #1103240 Page 5 Copyright O 2004 Qwest. All Rights Reserved. v1 1-4-05 G�-l96 ATTACHMENT1 TO PUBLIC SAFETY PRODUCT MAINTENANCE AGREEMENT SETWEEN CUSTOMER AND QWEST ItSTERPRfSE AMERICA, fNC. CONFIDENTIAL INFORMATION PRODUCTSCHEDULE SITE CODE: 2111063100 CUST NAME: E911 St Paul Police & Fire Dept ADDRESS: 100 E 11th Street St Paul, MN 55101 CONTACT: Cmdr. Fred Fisher PHONE: 651-292-3567 SYS TYPE: E911 Positron Phones SYS NO: E911CONTC SYS S/N: 9110029 New Contract Term: 12 Months NewContractAnnual Amount: $12,632.88 AE: Glenna Thurlin AE Phone#: 612-664-2463 SOFI PART NO. DESCRIPTION Q�'y 3500221 N KSU 50LN W/PWRSUP RING GEN 1 3500224N CRD KTU LN CKT 43 3500248N 1A21NTERRUPT MECH 4517-9 3 3550377N LINE LAMP CONCTRTR IAP (PWR) 13 3560029N IAP INTERCONNECT PANEL (2X240) 7 3560054N IAP+ SERIAL MODULE DESK 13 35$^v05Siv {i-�? LPi IVIVGULC JV LIV LJEJK i3 3560057N IAP+ pOSITRON CONTROLLER � 356�O60N 3560063N 6700030N 3550237N 8080034N 3550426N 8100196N 3560057N IAP+ ALI DISPLAY EL — PNL IAP+ CNTRL MOD W/4 WRE JK-DESK PWRSUP 48VDG 1�A- 19/23 EXPRESS 4W HNDST INTERFA RACK EQUIP 19"X7' EXPRESS TDD KYBD W/PRINTER FUSE PNL GMT DUAL 20/20 W/ALM IAP+ POSITRON CONTROLLER 13 13 4 New Contract Annual Amount: $12,632.88 oC�-lSrb ATTACHMENT2 TO PUBLIC SAFETY PRODUCT MAINTENANCE AGREEMENT BETWEEN CUSTOMER AND QWESTINTERPRISE AMERICA, INC. y CONPIDENTfAL INFORMATION MAINTENANCE PROVISIONS General. After expiration of the warranty period all Product(s) listed in Attachment 1 wilf be maitttained in accordancewith the manufacturer's original performance specifications. Service and Scope. 1.1 Qwest will provide remedial maintenance on Product(s) listed in Attachment 1, twenty-four (24) hours a day, seven (7) days a week on a call out basis. 1.2 Qwest will use its "best effort" to respond to service-affecting call outs within two (2) hours from receipt of call. 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 pertormance specifications. 1.4 Prior to call-out, Customer wili follow routine test procedures, as specified by Qwest, to localize the cause of a problem. 1.5 After localization of troubie 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. 2.2 When Qwest replaces parts or Product(s), the replacement parts become the property of Customer and the replaced parts become 4rre properiy ot �west. 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 will notify Customer and Customerwill have the op6on to choose the exact replacement part or the new, more reliable repiacement part. 3. Exclusions from Covered Maintenance. 3.1 Service cails as a result of Product(s) not listed in Attachment 1, misuse of the Product(s), abusive environment, Customer modification, Customer intertaces with peripheral Product(s), moves, vandalism, operator error, use of improper supplies, Force Majeure events as described in Paragraph 7, or other causes beyond normai usage of the Product(s) are not covered by this Agreement. 3.2 Service calls to locations which are remote from the primary locations listed herein are not covered by this Agreement. 3.3 Headsets, Uninterruptible Power Supplies (UPSj, Persona! Computers (PC), and printers are not covered by this Agreement. 3.4 For Product(s) NOT exciuded from maintenance coverage for reasons listed above in subparagraphs 3.1. - 3.3., Qwest will provide repair at QwesYs then current hourly charge rate for service technician and ail parts required to repair the Product(s) wilt 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 Customer, in writing, thirty (30} days in advance of any such increase. • ' 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 Schedule. Customer wiil pay the following charges on a monthly bases. Monthly: $1,052.74 Customer Qwest (Initials) (Initia{s) d(o �il� :�' .¢`� Hardware provided by Client (1) Minimum 3.OGHz Pentium 4 with Hyper Threading txhnology 32-bit required. 64 bit extensions will not work Minimum 1GB RAM and 36GB disk (RAID t recommended) Windows Server 2�03 Software MediaManager Basic (one encoder/parser) MinutesMaker MediaManager Enterprise Configuration Hardware Granicus MediaManager $0.00 $7,500.00 $11,250.00 $6,000,00 .� �� Software $75 Bundle Discount ($3,750.00) Subtotal $21,750.Q0 Software MediaVault Configuration Nardware Granicus MediaYault $9,000.00 50.00 Software 590 B Dis ($3,750.00) Subtotal $6,150.00 Software Stream Replicator Configuration Hardware �ranicus Stream �ep[icator $3,750.00 S0.00 Software $375.00 Subtotal $4,125.00 Professional Services Training Onsite (1 Days) $1,600.00 Instat(ation (Remote) $1,250.00 Application and Web Site Integration $ 8, 7 00.0 0 Subtotal 511,550.00 Granicus Managed Services First Month Managed Service Subtotal $1,850.00 Total Initial Cost $45,425.00 Ongoing Month(y Managed Service $1,850.00