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HomeMy WebLinkAboutPEAK TO PEAK - CONTRACT - RFP - P694 REMOTE ACCESS PROVIDERSERVICES AGREEMENT REMOTE ACCESS THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Peak -to -Peak Internet, hereinafter referred to as "Service Provider" WITNESSETH- In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide Remote Access services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference 3. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within fifteen (15) days following execution of this Agreement Time is of the essence Any extensions of the time limit set forth above must tie agreed upon in a writing signed by the parties 4. Contract Period This Agreement shall commence October 26, 1998, and shall continue in full force and effect until October 25, 1999, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties Written notice of renewal will be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end 5. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 6 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses SA 7/93 1 C C City' City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider - Peak -to -Peak Internet 3307 S College Ave Fort Collins, CO 80525 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 7. Contract Sum The City shall pay I he Service provider for the performance of this Contract, subject to additions and deletions provided herein, as set forth in Exhibit A 8. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 9 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 10 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City 11. Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 12 Warranty a Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature b Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship SA 7/93 2 shall be acceptable to City c Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 13. Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 14. Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to a Terminate the Agreement and seek damages, b Treat the Agreement as continuing and require specific performance, or c Avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting parity shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 15. Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 16 Indemnity/insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Service SA 7/93 3 Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 17. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 18. Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 19. Privacy All information provided to the Service Provider by the City or at the City's request or instruction and information generated in the course of providing services, including but not limited to, employee names, account numbers, email addresses, mailing addresses, and statistical information specific to the City's remote access project, shall not be sold or otherwise released) to third parties, including other Service Provider customers This provision shall survive the termination of the Agreement In the event of such termination, Service Provider shall make its best efforts to remove all such information from all files, databases, and other media SA 7/93 4 C THE CITY OF FORT COLL INS, COLORADO By John Fischbach City Manager By Jams O'Neill II, CPPO Dire r of Purchasing & Risk Management DATE__ City Clerk APPROVED AS TO F M Assistant City Attorney Peak -to -Peak Internet ATTEST (Corporate Seal) Corporate Secretary SA 7/93 C Exhibit A Service Test Period The Service Provider shall allow a test period of thirty days to prove capability If the company can not successfully perform the services and meet the requirements described in the Scope of Work, this agreement may be terminated at the City=s discretion Scope of Work The Service Provider shall provide the following a) Frame Relay access at T-1 or better bandwidth, to be used to create a Private Virtual Circuit with the City=s network b) Dial up modem connections at 28 8 Kbps, 56 Kbps (V 90) and ISDN with access to faster speeds, as the technology becomes available in the area c) Appropriate authentication of incoming calls with passwords for the different accounts and appropriate security audit capabilities d) Network connectivity allowing TCP/IP and Novell IPX Microsoft NT domains within the City shall be accessible from the dtakin client e) City users must be isolated from Internet access on the providers network and from any other networks served by the provider f) City users must be able to access the Internet via the City=s current connection and firewall g) Telephone accessible user support, maintained twenty-four hours a day seven days per week The Service Provider will offer support to dial -in users to help with client connectivity setup and access h) All hardware and software used to provide services to the City must be Year 2000 compliant Q Service billing shall be made to individual departments SA 7/93 6 Price Schedule - Non -recurring costs Service Pricing Frame Relay PVC $295 Modem Dialup User Accounts No Charge ISDN Setup No Charge Recurring costs Dialup Services Description Price Dial -up Access, Active Unlimited 28 8K, 33 6K, and 56K (Flex & V90) $19 75/month modem dialup ISDN Services Description Price Dial -up ISDN Access, Metered Up to 80 hours/month online ISDN $35/month Plan, 64K single B channel (64K) Plus $20 set up fee Additional hours $1/hour Dial -up ISDN Access, Metered Up to 40 hours/month online ISDN 2 B $35/month Plan, 128K channel (128K) Plus $20 setup fee Additional hours $2/hour Dial -up Access, Unlimited Active Unlimited active access ISDN, single $47/month Access, 64K channel B (64K) Plus $20 set up fee Dial -up Access, Unlimited Active Unlimited active access ISDN, 2 B $83/month Access, 128K channels (128K) Plus $20 setup fee T1 Frame Relay PVC & Routing $129/month Up to 300 users SA 7193 Exhibit B INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement 2 Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SA 7/93