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HomeMy WebLinkAbout1994-03-01; City Council; Resolution 94-62I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. lt-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF DESKTOP COMPUTERS AND PERIPHERALS NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl! California, as follows: 1. That the proposal of Morrow Microcomputer Service, 1232-D Village Way, E Ana CA 92705 is hereby accepted. 2. That a contract between the City of Carlsbad and Morrow Microcomputer Se for maintenance of desktop computers and peripherals for a period of one year commel March 14, 1994 through March 13, 1995, with the option for the City Manager to renew fo additional one year periods and to approve price increases, a copy of which is attached made a part hereof, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directc execute said contract for, and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ( City of Carlsbad on the Ist day of MARCH , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: aQ=at, 4. * ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 0 0 CONTRACT FOR ON-SITE MICROCOMPUTER AND PRINTER MAINTENANCE THIS CONTRACT, is made and entered into thisuday of MARCH, 1994 , by and between the City of Carlsbad, a Municipal Corporation, hereinafter referred to as "City' and Morrow Microcomputer Service Inc., hereinafter referred to as "Contractor". WHEREAS, the Contractor has submitted to'the City a proposal to provide microcomputer and printer maintenance. WHEREAS, it has been determined that it is in the best interests of the City to enter into the contract hereinafter contained. NOW, THEREFORE, in consideration of the mutual'promises, conditions, and covenants herein contained, the parties hereto agree as follows: 1. Term of Contract This contract shall be for a period of one (1) year commencing on March 14, 1994 and ending March 13, 1995. At the end. of the year the City has the right to rebid, or the City Manager to renew the contract for two (2) additional one (I] year periods. 2. Compensation for Labor The Contractor shall provide maintenance for $60 per hour for all equipment. The time starts when the technician reaches the site, and there will be a minimum of one (1) hour charged. No additional "trip charges" will be billed. 3. Escalation Clause A request for a cost increase, if desired, must be submitted in writing thirty (30) days prior to the beginning of each. contract year by the Contractor, Any request for a cost increase will be negotiated and must be evidenced to the satisfaction of the City, and be directly related to and not exceeding the US Bureau of Labor Statistics Consumer Price Index for San Diego County, and in any event may not exceed the actual increase in Contractors' cost. Cost increases will take effect only after approval by the City of Carlsbad City Manager or an authorized representative. 1 of6 0 0 . 4. Duty of Contractor a. A technician qualified to diagnose and repair the indicated problem shall arrive on site within eight (8) working hours of a request for service by the City on 95% or more of all service calls. b. The Contractor will provide a warranty for all labor for ninety days after completion of work and proper operation of-the repaired equipment.. Warranties on parts supplied by the Contractor will be honored by the Contractor for no less than the length of time the manufacturer originally covered the part. The Contractor will not be responsible for warranties on parts installed by the Contractor but not supplied by the Contractor, except for problems arising from installation. c. The Contractor will make a good faith effort to bring necessary parts on all service calls. Otherwise, the Contractor will obtain parts for repairs within 48 hours of the determination of need. The Contractor will maintain whatever relationship is necessary with the various manufacturers and other parts suppliers to assure rapid parts availability. Unless otherwise approved by the Information Systems department, all parts must be new and unused and will be subject to approval by the Information Systems Department or their designated representatives, before ordering and/or installation. The acceptability of the cost of parts will be determined at the time the Contractor quotes the cost to the City. The City will have the right to reject the price quoted by the Contractor and obtain parts elsewhere. When the Contractor quotes parts prices as a fixed percentage above cost, the Contractor must be willing to show proof of cost. d. The Contractor will maintain relationships with Compaq, Apple and Hewlett Packard that. give the Contractor access to information on recalled parts, new, technical data releases, direct service calls to the manufacturer for information, etc. e. The Contractor will employ technicians that have experience repairing the types of equipment the City uses. Upon request by the City, the Contractor will provide proof of experience. The Contractor will regularly assign the same technicians to repair the City's computers. The assigned technicians will be dispatched to the City on least 95% of all service calls. New technicians will be assigned upon the City's request. f. The Contractor will provide "loaners" upon request of the Information Systems department. The loaned equipment will be of like type to the 2 of6 0 e equipment in need of repair. The loaned equipment will be delivered to the requested site no later than 8 business hours after the request has been made. The loaned equipment will be provided free of charge and the Contractor will retain responsibility for loss of the equipment due to fire, theft, vandalism or any other damage not caused by the gross negligence of the City. g. The contractor will provide at least one technician for a familiarization tour of City facilities for up to four hours at no cost to the City. This time will be used by the Contractor to learn the locations of equipment, examine equipment, meet City employees who will act as contacts, etc. h. At the request of Information Systems personnel, the Contractor will make a representative available for face-to-face meetings to discuss topics related to .the Contractor's service to the City. The Contractor will arrange to meet with City personnel within 30 days of receiving a request. These meetings will not be used as a substitute for more urgent communications needed to resolve problems that may occur. I. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements including but not limited to verifying the eligibility for employment for all agents, employees and subcontractors that are included in the contract. 5. Hold Harmless The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of the Contractor or the Contractors agents, employees, or representatives. Contractor agrees to defend, indemnify, save free, and hold harmless the City and its officers, agents, and employees against any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any -cost, expense or attorney's fees which are incurred by the City on account of any of the foregoing. 6. insurance The contractor shall obtain and maintain policies of general liability insurance, and a combined policy of worker's compensation and employers liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 91-403 in an insurable amount of not less than one million dollars ($1,000,000) each, 3 of6 0 0 unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of the contract and shall not be canceled without thirty (30) days prior written notice to the City sent by certified mail. 7: Business License Contractor shall maintain a business license to.operate in the City of Carlsbad. 8. Cancellation Clause At any time during the term of this contract, the City may cancel this contract if the Contractor fails to perform in accordance with the provisions of.this contract, with thirty (30) days written notice. 9. Pavments Contractor shall submit invoices, itemized by department, to the Information Systems department. Payment shall be made in full by the City within thirty (30) days after receipt of invoice. 10. Independent Contractor It is expressly understood and agreed that. the Contractor herein named is acting as an Independent Contractor and not as an agent, servant, or employee of the City. I 11. Assiqnment of Contract Contractor may not transfer, assign, or subcontract this contract without prior written consent of the City. 12. Notice Any and all notices, notifications, changes or other matters relating to this contract shall be given in writing by the individual designated by the Contractor and, if agreed to, shall be effective only when received by the City at the following address: Purchasing Department, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008. All notices to the Contractor from the City will become effective when mailed to the following address: Morrow Microcomputer Service Inc, 1232-D Village Way, Santa Ana CA 92705. 4 of 6 4 0 -0 13. Governinq Law All matters regarding this contract shall be interpreted in accordance with the laws of the State of California, and any controversy that cannot be settled directly shall be settled by arbitration in accordance with the rules then prevailing of the American Arbitration Association, and judgement upon the award rendered may be entered in any court having jurisdiction thereof. 14. Chanqes in Contract If, in the course'of this contract, changes seem merited by the Contractor or the City, and informal consultations by one party with the other indicate that a change in the conditions of the contract is warranted and is mutually agreed to, the Contractor or the City may request a change in this contract. Such , changes shall be.processed by the City in the following manner: A letter outlining the changes shall be forwarded to the City by the Contractor describing the changes along with any updates to charges or level of service. A supplemental contract shall be prepared by the City and approved by the City in accordance with applicable City codes. Such supplemental contract shall not render ineffective or invalidate unaffected portions of this contract. ... ... ... ... ... ... ... ... ... ... ... 5of6 b e e '* 15. Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Consultant to any additional payment whatsoever under the terms of this contact. IN WITNESS WHEREOF, the parties hereto have executed the contract at Carlsbad, California, the day and year first above written. City of Carlsbad California A Municipal Corporation - . . (7g!Lqw Claude A. Lewi;, Mayor - Con ctor 0 ". . Attest: Aletha L. Rautenkranz, City Clerk I AD tzm: City Attorney QL +/GY. 6 of6