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HomeMy WebLinkAboutRes 2010-01-05 Contract CMC Network Solutions- Network Wiring Services for PD Facilities.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010"()1"()S RESOLUTION APPROVING A CONTRACT AND AUTHORIZING EXECUTION OF SAME BETWEEN THE CITY OF ANNA AND CMC NETWORK SOLUTIONS, INC. FOR NETWORK WIRING SERVICES FOR POLICE DEPARTMENT FACILITIES WHEREAS, the City of Anna (City) has recently been awarded a grant by the Criminal Justice Division of the Governor's Office for Policing Enhancements; and, WHEREAS, a portion of the grant is designated for certain computer and technology upgrades in the new Police Department building located at 101 S. Powell Parkway including the installation of network wiring necessary to support the upgrades; and, WHEREAS, the City Staff has solicited a proposal from CMC Network Solutions, Inc. through The Interlocal Purchasing System (TIPSrrAPS) purchasing cooperative for the installation of network wiring in the new Police Department building. WHEREAS, TIPSrrAPS Awarded Vendors have submitted proposals under the Competitively Bid Process and received a Contract of Award through TIPSrrAPS, and these Awarded Vendors have agreed to provide the best pricing, terms and conditions available to TIPSrrAPS Members. NOW THEREFORE, BE IT RESOLVED BY THE CITY COLINCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves a contract and authorizes the City Manager to execute the same between the City of Anna and CMC Network Solutions, Inc. for network wiring services for the Police Department facilities located at 101 S. Powell Parkway. PASSED by the City Council of the City of Anna, Texas, on this 26th day of January, 2010. PROFESSIONAL SERVICES AGREEMENT FOR INFORMA rlON TECHNOLOGY SERVICES TH IS AGREEMENT is made and entered into as of the 26th day of January, 2010, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER" and CMC Network Solutions, LLC with its corporate office at 2700 Research Drive, Suite 100, Plano, Collin County, Texas 75074, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, who shall at all times act only in the capacity of an independent contractor, and CONSULTANT hereby agrees to perform the services described herein in connection with the Project as stated in this Agreement, with diligence and in accordance with the highest professional standards customarily applicable to such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project is generally described as information-technology networking and installation services including networking wiring installation for the OWNER's Police Department facilities and shall include all services to be performed by the CONSULTANT as set forth in this Agreement. ARTICLE 2 SCOPE OF SERVICES A. For the fixed price set forth in Article 5 of this Agreement, CONSULTANT shall perform the services set forth in this Article, and as revised by mutual written consent of CONSULTANT and OWNER from time to time. B. CONSULTANT shall perform all those services, including provision of materials and labor, as necessary and as described in Exhibit A. a single page attached to and incorporated into this Agreement as if set forth in full. ARTICLE 3 ADDITIONAL SERVICES A. Additional services to be performed by CONSULTANT if not described in Article 2 of this Agreement must be authorized by OWNER. Such additional services are not included in the fixed price set forth in Article 5 of this Agreement and may only be performed under a change order or separate written agreement. B. The cost of any required enhancement or upgrades to any hardware or software required to provide functional, reliable, and stable LANIWAN environment are not included in the fixed price set forth in Article 5 of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 1 of9 C. D. A B. A B. CONSULTANT will not be responsible for the functionality and technical support of industry specific software. Example: Accounting or financial software, ERM, CRM, Database Software. CONSULTANT will, however, provide due diligence in working with the Software representatives to help in correcting any issues or problems with the software. After the successful completion of the Project and work described in Article 2 of this Agreement, support for the installed equipment and software reverts to the existing support and maintenance agreement between CONSULTANT and OWNER. Additional large scale customization or configuration changes must be treated as new projects. ARTICLE 4 SCHEDULE AND PERIOD OF SERVICE This Agreement shall become effective as of the date first written above and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. CONSULTANT agrees to perform the various services set forth in this Agreement according to the Schedule of Services set forth in Exhibit A, a single page attached to and incorporated into this Agreement as if set forth in full. The time period{s) set forth in said Schedule of Services shall not, except for reasonable cause, be exceeded by the CONSULTANT. Time is of the essence in this Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any of the services under this Agreement, CONSULTANT shall as soon as practicable notify OWNER of same in writing and an amendment to the schedule referenced above may be made by mutual consent. ARTICLES COMPENSATION COMPENSATION TERMS: For and in consideration of the professional services to be performed by CONSULTANT under this Agreement OWNER agrees to pay the fixed total sum of $3,985.71. OWNER further agrees to pay an additional fixed sum of $175 for 24"H x 25"Dx19"w Wall Mount Rack should it opt for said Wall Mount Rack. All above-referenced prices include materials and labor. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of receipt of detailed monthly invoices rendered to and approved by OWNER through the City of Anna City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City of Anna City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payment by OWNER for PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 2 of9 any charge, expense, or reimbursement above any fixed or maximum not-to-exceed fee as stated in this Agreement or any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City of Anna City Manager or his designee and shall be diligent in seeking such authorization when necessary to perform services under this Agreement. With respect to the services to be performed under Article 2 of this Agreement, the prior written authorization referenced above may be in the form of a notice to proceed with such services delivered by post, hand delivery, facsimile or electronic mail. C. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTANTs undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1%) per month from the said 60th , day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANTs subcontractors or subconsultants) pursuant to this Agreement shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project and Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, with no right of indemnification against CONSULTANT, notwithstanding any other provision of this Agreement. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE B INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT is not an employee of OWNER and shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 3 of9 ARTICLE 9 AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this Article shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, defend, and save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under contract, or another entity over which the CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A-or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION "rECHNOLOGY SERVICES Page 4 of9 B. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. C. Workers Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $500,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final invoice for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. AR1"ICLE 13 WARRANTY AND RESPONSIBILITY FOR CLAIMS AND LIABILITIES A. The CONSULTANT warrants to the OWNER that materials, equipment and labor furnished under this Agreement are of good quality and new unless otherwise required or permitted under this Agreement, that such materials, equipment and labor will be free from defects not inherent in the quality required or permitted, and that the materials and equipment will conform to the requirements of this Agreement. Materials, equipment or labor not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The CONSULTANT's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the OWNER, the CONSULTANT shall furnish satisfactory evidence as to the kind and quality of labor, materials and equipment. B. Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 5 of9 subconsultants for the accuracy, competency or quality of their of labor, materials and equipment; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the labor, materials and equipment provided by CONSULTANT, its employees, subcontractors, agents, and consultants. C. Any warranties contained elsewhere in this Agreement or in any exhibit to this Agreement shall be cumulative of the warranties described in this Article and in a manner that provides the most favorable warranty(ies) to the OWNER in terms of scope of time and coverage. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: To OWNER: CMC Network Solutions, LLC 2700 Anna Community Development Corp. Research Drive, Suite 100, clo City of Anna City Manager Plano, Texas 75074 P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing, whichever occurs first. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 6 of9 ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment. novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ariSing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibit is attached to and made a part of this Agreement: Exhibit A -Scope of Services and Schedule of Services (one page). PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 7 of9 B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be: Bobby Walls (superintendant); Richard Fuentes (cable lead); and, Jeff Graves (cable installer). However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the OWNER has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer to be effective as set forth earlier in this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 80f9 CMC Network Solutions, LLC By: Scott Broekemeier, its Vice President PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES Page 9 of9 CMCJ EXHIBIT A -SCOPE OF 972.203.3396 Fax 972.203.3489Net1I(ork SERVICES AND SCHEDULE www.cmcns.comSolutions solutions@cmcns.comOF SERVICES Scope of Services: CMC Network Solutions will provide at the City of Anna's new police department all the necessary labor and materials to install qty. 19 Cat6 Data, and qty. 20 Cat6 Voice Lines. All work will meet and exceed the TIA1E1A-568-B telecommunications standards and address commercial building cabling for telecom and products and services. The below are the following list of materials. MATERIAL CATEGORY 6 PLENUM COMPONENT -Part Number Category 6 Plenum Rated Cable -Blue CommScope Category 6 -24 Port Patch Panel ­ Data 7' Freestanding Rack: ladder Rack: CommScope Category 6 RJ45 Jacks CommScope 2 Port Face Plate wllable 10 Category 6, 3' Patch Cables (Patch Panel) category 6, 7' Patch Cables (Wall Outlet) J-Hooks latch Duct Surface Mount Boxes Velcro Consumables Shipping Freight On Product Travel Cable Services for installation, punch down, testing, of cable, Documentation Cost Ea. $0.31 EA EA FT EA EA EA EA EA FT EA EA EA EA EA HRS 5 39 16 19 19 25 8 1 5 34 Ext. Cost $1,000.00 $284.09 $130.68 $255.68 $292.50 $30.00 $142.50 $142.50 $53.57 $22.86 $6.67 $13.33 $26.67 $31.25 $162.50 $1,870.00 $284.09 $130.68 $51.14 $7.50 $1.88 $7.50 $7.50 $2.14 $2.86 $6.67 $13.33 $26.67 $31.25 $32.50 $55.00 . I $4,464.80 Schedule of Services (to complete the inside plant installation): 1) City of Anna will notify CMC Network Solutions when the inside wiring is ready to be installed. 2) The total number of days to complete the inside wiring project will not exceed (5) business days. 3) CMC Network Solutions will provide all ofthe following materials to fully complete the cabling project 4) Any additional cable runs/drops will be considered a change order and will be billed at the following rate: A) Category 5E ($110.00 per cable run to include all materials to fully complete add-on cable drop) B) Category 6 ($145.00 per cable run to include all materials to fully complete add-on cable drop) C) Ifadd-on cable runs/drops exceeds a total amount of 24 a 2nd (24) port patch panel will be required at a price of ($284.09 per patch panel) GuaranteeiWarranty CMC Network Solutions is committed to customer satisfaction and stands 100% behind its products and services. Our customer's complete satisfaction with CMC Network Solutions products is extremely important. If there are questions, discrepancies, or problems with performance, customers are encouraged to contact Scott Broekemeier, or Chuck McLaughlin. In addition, CMC Network Solutions will warranty all labor and parts used for a period of 20 years. During the warranty period, CMC Network Solutions will respond to emergency service calls within 4 hours and at a minimum return the defective equipment or system to usable operation within 48 hours until a permanent remedy can be performed. Non-emergency service calls shall be answered within 24 hours and corrected within 72 hours.