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HomeMy WebLinkAbout4493 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4493 BREMERTON - PORT OF Computer - Maintenance & Repair Services Info Services GOV File Class LEG 12-1 $55.00 05/01/2005 06/30/2006 02/15/2008 GL $ AL $ E&O $ Insurance Total $ Insurance Review Date Hourly Charge - CPI - Termination w/30 days notice Vault 01/01/2008 INTERLOCAL AGREEMENT WHEREAS, the Port of Bremerton owns and operates computer equipment and related software situated within the City of Bremerton and surrounding areas of Kitsap County; and WHEREAS, The City of Bremerton has personnel skilled in maintaining computer equipment and related software and is willing to provide maintenance services to the computer equipment and related software owned and operated by the Port of Bremerton; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOllOWS: Section 1: Parties. This Agreement is by and between the City of Bremerton, hereinafter referred to as "the City", and the Port of Bremerton, hereinafter referred to as "the Port". Section 2: Term. This Agreement shall become effective on May 1, 2005 and shall remain in effect until cancelled by either party. Each party shall give the other thirty (30) days notice in the event that they wish to cancel the Agreement. Section 3: Payment. The City will be compensated for time spent providing services to the Port in the amount of fifty five (55) dollars per hour. This fee will also be charged for time spent by City personnel traveling to Port facilities. This fee will be reviewed each December and adjusted each January by the percentage change in the "All Items" category of the Consumer Price Index for All Urban Consumers (CPI-U) as published by the Bureau of labor Statistics of the U.S. Department of labor for the Seattle-Tacoma metropolitan statistical area (1982-84 = 100) as published for the month of June preceding. If at any time during the term of the contract the practice of computing the Index for the City of Seattle shall be abandoned or altered by the U.S. Department of labor, and not assumed by some other Federal or State governmental agency, then there shall be substituted therefore at the City's sole discretion the then most nearly comparable cost of living index. Further, the Port shall reimburse the City for all computer related hardware and software provided to the Port by the City, for the purpose of providing computer service 1 on the basis of cost to the City plus ten (10) percent. This provision is made to cover personnel costs incurred by the City in the acquisition and handling of such items. Section 4: Service Provided. a. The City shall provide repair, routine periodic maintenance, and support for the network and application servers, desktop PCs, printers and peripherals associated therewith. b. The City shall provide maintenance and support for all network equipment that would otherwise be the responsibility of the Port to maintain. c. The City shall provide support for network and desktop operating systems and any application that is a component part of Microsoft Office. d. The City shall acquire the necessary components to perform the support listed in 4a through 4c above. In addition, the City shall recommend equipment and software replacement when it deems necessary and/or desirable to do so, and will, if requested by the Port, acquire that replacement equipment and software. e. The City shall provide the above services at the Port's facilities at the Bremerton National Airport, within the City of Port Orchard and in Bremerton. f. Requests for service should be bye-mail to heiodesklQRcLbremerton.wa.Uis or by calling (360) 473-5475 and leaving a message. g. Billing will be on a monthly basis and the City will provide a log of the work performed corresponding to the hours billed. Section 5: Time of Service. The services set forth in Section 4 shall be available during regular business hours. on the City's normal business days. The City will make a good faith effort to respond within four (4) hours of a request for service during those days and times. Section 6: Hold Harmless. The Port agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, cost, damage and expense, including costs and attorney's fees in defense thereof because of actions, claims or lawsuits for damages resulting from any loss caused by the loss of computer service and/or data, unless such loss is directly attributable to the negligence of the City's personnel. Section 7: General Conditions. 2 a. Entire Aareement. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. b. Amendments. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. c. Notices. Any notices required to be given by the City to the Port, or by the Port to the City, shall be in writing and delivered to the following parties at the following addresses: City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton WA 98337-1873 Director Finance & Administration Port of Bremerton 8850 S.W. St. Hwy 3 Port Orchard WA 98367 d. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. e. Compliance with State. Local and Federal Laws. Parties agree to comply with all applicable local, State and Federal laws in performance of all services under this Agreement. f. Applicable Law: Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of a dispute, the venue of any action brought hereunder shall be in Kitsap County. Section 8: Nondiscrimination. The City shall not discriminate in employment or services provided on the basis of race, color, national origin, sex, religion, age, marital status, or disability in employment or the provision of services unless an employment action is based on a bona fide occupational qualification. Section 9: Termination. This Agreement may be terminated by either party, without cause, upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. 3 IN WITNESS WHEREOF the parties have executed this Agreement, the dates and year written below. CITY 0 ERT~ By: r:;;ro ~ -----., CARY B ZEMAN, Mayor Date: tA~~-- " ~ 4 P010F BREMERTON . By: ~~. Q~ Date: S /4/ oS t ( DATE SUBMITTED: 5-19-05 BILL # 05 - I a 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...........................................................................................1 SUBJECT: Interlocal Agreement between the City ofBremerton and the Port of Bremerton for Computer Maintenance & Repair Services Committee Meeting Date: 5-25-05 COUNCIL MEETING Date: 6-1-05 Department: Financial Services Presenter: Bill Eley J.:;2:.. Phone: 473-5293 SUMMARY: Staff is recommending that the City of Bremerton enter into an Interlocal Agreement with the Port of Bremerton to provide the Port with computer and related software maintenance and repair. The City will be compensated at $55.00 per hour. ATTACHMENTS: InterlocalAgreement ': "t>\$C.U'::>oS\ON """e."'^-o . FISCAL IMP ACTS (Include Budgeted Amount): Will provide a revenue increase of about $5,000 annually for Fund 511 - Information Technology. No material impact on expenditures. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ FINANCE DIRECTOR: MAYOR: FISCALfBUDGET: .~' OPERATIONS: ~. COUNCIL PRESIDENT: -:J>",,-- ~~ RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Port of Bremerton for computer maintenance and repair services and authorize the Mayor to execute the agreement in substantially the same form as presented. &k~ CONSENT AGENDA AS( COUNCIL ACTION: ~prove D Deny D Table D Continue D No Action Port of Bremerton Support Agreement The Port of Bremerton has a very small computer network (approximately the same size as Gold Mountain Golf Course). Theirs is a Microsoft network and because of its size they have no in-house support staff. This is a great opportunity for both parties to benefit from this agreement. The Port benefits by: 1. Obtaining reasonably priced support without entering into a major support contract. 2. Having expertise close at hand (we both have offices on the 5th floor). The City benefits by: 1. Gaining/retaining valuable hands-on experience in the Microsoft arena (We are currently a Novell shop, but it is highly likely that we will move to Microsoft in the near future.) 2. The additional revenue from support work performed will help offset the City's labor costs without degrading the core support provided to the City. 3. The Port's network is small and simple enough that we can use that installation to improve the network skills of our more junior staff members. This agreement does not jeopardize the support that will be provided to the City. It is understood that support will only be provided when support obligations to the City have been satisfied. In the event that providing support to the Port becomes a burden, we can terminate the agreement with 30 days notice.