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HomeMy WebLinkAboutRes1995-014 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 95-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A COMPUTER CONSULTING CONTRACT WITH MWM CONSULTING WHEREAS, the City's former computer consultant has moved out of state and the City is in need of computer servicesj and WHEREAS, the City properly advertised for requests for proposals for computer consulting services and one proposal was received from Michael W. Meeks dba MWM Consultingi and WHEREAS, since the original contract period would end in June 1995, which is a short period of time, the administration recommends approving the contract through June 30, 1996j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to enter into a computer consulting services contract, a copy which is attached and incorporated herein by reference, with Michael W. Meeks dba MWM Consulting. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th day of February, 1995. THE CITY OF SEWARD, ALASKA ;SJ(,JJ.~ \~. C~ / Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Deeter, King, O'Brien, Sieminski None Darling None CITY OF SEWARD, ALASKA RESOLUTION NO. 95-014 . ATTEST: p~ j. ~.~ Linda S. Murphy, CMC/ AAE o...c.k~""-'ety Clerk (City Seal) . I. . P.O. BOX 167 SEWARD, ALASKA 99664 .. / . ( '.. . ~ ~ I - / ~ . Main Office (907) 224-3331 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . Telecopier (907) 224-3248 CITY OF SEWARD CONTRACT FOR PROFESSIONAL COMPUTER CONSULTING SERVICES This Contract between the City of Seward, Alaska and Michael W. Meeks dba MWM Consulting ("Contractor") is effective on February 15, 1995 through June 30, 1996 unless otherwise terminated as provided for. This Contract is for professional computer consulting services for the City of Seward, Alaska. The Contract is not valid until it has been signed by all parties. The Contract may be terminated a) immediately, for cause; b) by the City upon sixty (60) days written notice; and c) by mutual consent of both parties. This agreement can be extended each year for up to four additional years by approval of the City and Contractor. . Article 1. Summary of Services 1.1 The scope of work to be performed hereunder is more completely described in Appendix "A" which is incorporated herein by reference. Article 2. Compensation 2.1 Contractor will be compensated at the rate of $2,420 per month. Additional hours over forty four (44) hours per month will be compensated at $40.00 per hour. Holiday hours (Thanksgiving and Christmas) will be compensated at $60.00 per hour. Contractor shall submit invoices detailing work performed biweekly with the city of Seward to make payment within thirty (30) days of receipt of the invoice. Article 3. Insurance 3.1 It is understood by the Contractor that no City insurance coverages, including Workers' Compensation, are extended to the Contractor while completing the terms of this Contract. The Contractor shall purchase and maintain the following insurance during the term of the Contract: A. Workers' Compensation Employer's Liability . Workers' compensation and Occupational Disability Insurance III COMPUTER SERVICES CONTRACT CITY OF SEWARD Pa~e 2 compliance with all state and federal regulations in the jurisdiction where the work is to be performed, including the following special coverage extensions: 1. Employer's Liability coverage with limits of not less than: --$I,ODO,OOO/accident --$I,ODO,OOO/disease --$I,ODO,ODO/policy limit Special Provisions: (1) If coverage is provided by a State Fund, or if Contractor has qualified as a self-insurer, separate certification must be furnished that coverage is in the State Fund or that Contractor has approval to be a self-insurer. (2) Any policy of insurance must contain a provision or endorsement providing that the insurer's rights of subrogation against the City of Seward and its employees are waived. B. Comprehensive General Liability Comprehensive General Liability Insurance with limits of: --$I,OOO,OOO/person and $1,ODO,OOO/occurrence for bodily Injury, sickness, or death, and $1,OOO,DOO per occurrence for damage to property, or $1,000,000 per occurrence combined single limit for bodily injury and property damage. or: Commercial General Liability Insurance with limits of: --$1,000,000 General Aggregate Limit (Other than Products-Completed Operations) --$1,000,000 Products-Completed Operations Aggregate Limit --$1,000,000 Personal and Advertising Injury Limit --$1,000,000 Each Occurrence Limit --$ 50,000 Fire Damage Limit (Any One Fire) __$ 5,000 Medical Expense Limit (Any One Person) Including the following coverage: . . . COMPUTER SERVICES CONTRACT CITY OF SEWARD Pa~e 3 (1) Contractual Liability covering the liability assumed in the Contract. (2) Deletion of any exclusion for explosion, collapse, and underground damage. Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. (2) Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. C. Automobile Liability (All owned, hired, and non-owned vehicles - $1,000,000 combined single limit each occurrence for bodily injury and property damage.) Special Policy Provisions: This insurance policy and any extension or renewals thereof must contain the following provisions or endorsements: (1) City of Seward is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor or City. (2) Insurer waives all rights of subrogation against City of Seward and its employees and elected officials. (3) The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. D. Professional Liability -- $1,000,000 minimum limit. Prior to commencement of any work under this Contract by Contractor or any of its subcontractors, Contractor will provide the City with certificates COMPUTER SERVICES CONTRACT CITY OF SEWARD Pa~e 4 of insurance evidencing that Contractor and its subcontractors are in compliance with all of the above requirements. Said certificates will provide that the City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Contract and any extension hereof, a level of protection consistent with good business practice and accepted standard of the industry. Such factors as increases in the cost of living, inflationary pressures, new risk and other conditions shall be utilized in assessing whether the minimum insurance requirements should be increased or changed from the types and amounts noted above. Article 4. Hold Harmless Clause 4.1 The Contractor shall hold the City, its agents, officers, employees and volunteers, harmless from, save, defend and indemnify the same against, any and all claims, losses, and damages for every cause, including but not limited to injury to person or property, and related costs and expenses, including reasonable attorneys fees, arising directly or indirectly out of any act or omission of Contractor, its agents, officers, employees, or volunteers, during the performance of its obligations under this Contract. Article 5. Independent Contractor 5.1 The parties intend that the Contractor, in performing the services specified in the Contract shall act as an independent contractor and shall have full control of the work and the manner in which it is performed. The Contractor and Contractor's employees are not to be considered agents or employees of the City for any purpose. Article 6. Ownership of Work Products 6.1 Work products produced under this Contract, except items which have preexisting copyrights, are the property of the City. Payments to the Contractor for services hereunder includes full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Contract. . . . COMPUTER SERVICES CONTRACT CITY OF SEWARD Pa~e 5 Article 7 Claims and Disputes 7.1 If the Contractor becomes aware of any act or occurrence which may form the basis of a claim the Contractor shall immediately inform the Finance Director. If the matter cannot be resolved within seven (7) days, the Contractor shaH, within the next fourteen (14) days submit written notice of the facts which may form the basis of the claim. 7.2 In presenting any claims, the Contractor shaH, specificaHy include the provisions of the Contract, which apply, the specific relief requested, including any additional compensation claimed, and the basis upon which it was calculated and/or the additional time requested and the basis upon which it was calculated. Article 8 Governin~ Laws 8.1 This Contract is governed by the laws of the State of Alaska and such federal and local laws and ordinances as are applicable to the work performed. Article 9 Notices 9.1 Any notices, bills, invoices, or reports required by the Contract shaH be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Rick L. Gifford, Director of Finance & Administrative Services City of Seward P.O. Box 167 Seward, AK 99664 Michael W. Meeks dba MWM Consulting P.O. Box 3435 Seward, AK 99664 COMPUTER SERVICES CONTRACT CITY OF SEWARD Pa~e 6 In witness whereof, the parties have executed this Agreement. CITY OF SEWARD, ALASKA '/i!e ~ h ,"- Tyler ones City Manager ~tL/ /1-':r ate A ITEST: -?~; ,-,~ ..J. ~~..l)Af~' Linda S. Murphy, CMC/ AAE - cr City Clerk (citv\,~~el~", '. ..~,. (. '\'\ .... - ' . &'\.", . ...~ ...., . ,.,::' t ;' " ~ . ~... , ,\ ." '':t~'~.,~ . . ; ~... _ to; : " .' I,.", . CONTRACTOR: . ~, t.. >tu l 1/):; LId- -()8'. <{ S M'i ael W. ~' Date dba MWM Consulting City Business License No. I.L/ q ~ . . . APPENDIX "A" SCOPE OF WORK Contractor shall provide professional computer consulting services to the City of Seward upon the request of the Finance Director or designee. The computer consulting services are primarily for the City's personal computers, however based on the capabilities of the contractor some services would include the City's DEC computer, the Harbor's network computer system and the Library's network computer system. Computer services include but are not limited to the following: 1. Maintain, troubleshoot and repair city PC systems based on capability, ie: repair, replace, and/or ship to service center, if necessary. Repair work that will void warranties will require written authorization from the department head. Routine maintenance and troubleshooting will be on-site of the physical location of the computer. If computer needs to be taken to contractor's shop for further repairs, contractor will transport computer to and from location and will be responsible for the computer when in the custody of the contractor. Routine maintenance and troubleshooting will be coordinated with the computer operator in order to minimize interruptions to the operator's other work activities. This could mean after hour services of computers. 2. Recommend and implement a schedule for performing various preventive maintenance procedures on PC's to protect data and system. 3. Manage City PC systems including system optimization, backup checks, maintain software and data integrity. 4. Recommend PC software, hardware and accessories purchased by the City install such purchases. Obtain City approval for all hardware, software and peripheral purchases prior to ordering and/or installing. 5. Train and assist City PC operators to operate their own PC's and use of software in the performance of City tasks. 6. To provide necessary software and/or hardware adjuncts to provide for effective solutions to user and/or system problems within the City's PC environment. Contractor will provide programming to enhance all systems, networks and programs, however, contractor will not (under this agreement), write a complete program unless provided under a separate contract. 7. To provide assistance to the Finance department In operating the accounting computer system. 8. To provide assistance to the Harbor and Library In maintaining and operating their computer network systems. 9. To provide telephone support to City PC operators. 10. Monitor annual computer services budget to maximize available resources through the entire year. 11. Other computer services as agreed upon by the Contractor and City Finance Director.