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HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1501 2 3 4 5 6 8 3o 33 34 1 35 Temp. Reso. #5442 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-89- es, O A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE TURBITROL COMPANY PERTAINING TO MAINTENANCE OF THE TAMARAC UTILITIES WEST WATER TREATMENT PLANT COMPUTER SYSTEM; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Agreement with The Turbitrol Company pertaining to maintenance of the Tamarac Utilities West Treatment Plant computer system in the amount of $4,500.00 as a sole source purchase, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This Resolution shall become effective immediately upon adoption. vtl PASSED, ADOPTED AND APPROVED this /V- day of 1989. k ATTEST: C� CA L A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. I RICHARD DOODY Cj CITY ATTORNEY NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR AB AMOWI DISTRICT 1, C/M _ROHR DISTRICT 2: 61 _949 OM �. r DISTRICT 3: .,g4M UgEEW „ DISTRICT 4: yLm BEN i R, FY- ISM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE TURBITROL COMPANY RELATING TO THE PURCHASE OF SCHEDULED AND UNSCHEDULED SERVICE ON SELECTED COMPUTER EQUIPMENT • This is an Agreement between the City of Tamarac, a 1 Florida municipal corporation ("City"), and The Turbitrol Company, a Florida corporation, its successors and assigns. W I T N E S S E T H: WHEREAS, the City of Tamarac has determined that it must obtain a contract for scheduled and unscheduled service on selected computer equipment in the Utilities Water Plant by purchasing the noted service as hereinafter described. WHEREAS, the required scheduled and unscheduled maintenance must be compatible with the existing computer and telemetering system used by the Water Treatment Plant, and therefore, the purchase of this service is a sole source purchase; and . WHEREAS, Section 9-39 of the City of Tamarac Code of Ordinances requires that sole source purchases in an amount over two thousand ($2,000.00) dollars be the subject of a formal written contract approved by the City Council. NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants and payment hereinafter set forth "City" and The Turbitrol Company, agree as follows: 1. The above recitals are incorporated herein and are made a part of this Agreement. 2. The Turbitrol Company agrees to provide and the "City" to purchase a scheduled and unscheduled maintenance agreement as attached herewith and be made a part of this agreement hereinafter. The price for this service is seven hundred and fifty dollars ($715D) per month for the period from July 1, 1989 tbrourjh December 30, 1989, for a total e. of four thousand five hundred dollars ($4,500.) 3. The "City" and The Turbitrol Company, agreed that the above quoted price shall include on site maintenance of the noted equipment. MOR -$ ' 39 15: 33 TWULf 1AN HTLAIdTy_ 404 Z66 27310777 IIhR Gu G:� i✓•wv P.4/4. A)- V V Ym wiTamalo whereof, the parties hereto have made and exeaatad this agreoment Oh tht reapectivO dates under "ch signature- The City of TamaV*c signing by and tkrough its Mayor, authorised to exeaut• same by CitY COunail nation on tho ,_....t_ H daY of 19 M , and The Tutbitrol Camrany signing by and t rouuq itsl repre80ntat3v• duly auth6ri saa to exeute sir►.. ATTEST: ar0 , A. Fans, City Clask AtPItOVRD is To PORN: ohs 16 Doo ftd City #ttoroey sign*d, **&led And dalivaved in the esenee of; wry pe►blic, Fulton County, orgia Crlmission Expires Jan. 31,1993 pr K.RBTL"R-DOC Qxv2AkLA4U9 i" CITY or '1'i1WIRAC eta yr Norman A ramowItz TRZ Tf, MITSOL COXPAWY SIZED N T DD VE I • 0 TIE COMFDANY A WVISFOM Or THE TI,OLMMN COWANY MAINTENANCE AGREEMENT (FULL SERVICE) This Agreement, when accepted by you, shall constitute the entire agreement between us, and all prior representations or agreements not incorporated herein are superseded. If any or all of the Attachments listed below are checked, they will be at- tached hereto and will be a binding part of this Agreement. Attachment A X Attachment B F1 Attachment C❑ Attachment D GENERAL CONDITIONS The customer will receive a program of preventive main- tenance and repair which shall include all needed parts, labor and travel expenses. One monthly charge shall provide for the proper maintenance and needed repairs of all covered equipment in a timely fashion. These services shall be provided to cover all equipment listed in Attach- ment Equipment to be maintained is located at 7 8 0 3 N.W. 321 In Addition to maintenance and repair service, Turbitrol will provide at no additional cost: A. All replacement parts. B. NOT aAY�Ll� .1dL on Attachment C. Record of maintenance and repairs. D. Inventory of components, parts, supplies and ex- pendableitems. E. Software support. F. On -site diagnostic software. DETAILED CONDITIONS A. SCHEDULED PREVENTIVE MAINTENANCE 1. Turbitrol will provide the services of a factory trained representative for preventive maintenance, calibration and repair, 2. All equipment will be inspected, tested, and/or calibrated in accordance with accepted industry stan- dards. 3. The customer agrees to provide Turbitrol technicians any available manuals or drawings needed to accom- plish repairs. 4. Included in this contract is telephone software support should problems relating to Turbitrol supplied ap- plications software arise. This support is not provided for the purpose of making additions or improvements to the system software, but is provided to assist the Owner in the recovery or correction of new problems that may occur requiring maintenance of the ap- plication software. Further, Turbitrol will advise and/or make suggestions as required to maintain a working software system. Telephone software support under this contract is limited to - _.. hours per month. Each c$ILfor software support shall count for a minimum of 1 y minute%thus limiting the number of calls to a maximum of per month. On -site software support is available at our prevailing software contract rate, plus actual expen- ses. B. UNSCHEDULED MAINTENANCE 1. Corrective maintenance will be provided during normal working hours. 2. It Is assumed that such calls will be for repair of equipment listed in Attachment -A-. If an unscheduled call is made at the customer's request and it is found that no defect exists on the equipment covered, additional costs to cover the unscheduled ser- vice shall be billed at the prevailing service rates. C. WORKING HOURS & WORKING DAYS 1. The service under this contract will be performed during normal working hours of 8:30 a.m. to 5:00 p.m., Monday through Friday excluding holidays. Service required outside of the previously stated business hours will be considered an additional cost to be billed at The Turbitrol Company's then prevailing service rates. D. PARTS & REPAIR 1. Turbitrol will provide necessary replacement parts and repair components at no additional cost. Replacement parts may be refurbished at Turbitrol's option. 2. All spare parts and components replaced or repaired under this contract will be due to normal aging, wear and tear. Parts or components replaced or repaired which are not due to normal wear and tear will be in- voiced at prevailing rates and installation will also be at Turbitrol's prevailing service rates. 3. If in our judgement conditions warrant, complete com- ponent replacement of equal or superior equipment will be made, subject to approval of the Owner. 4. An inventory of spare parts will be maintained to insure expedient field service repairs. E. CONTRACT EXCLUSIONS 1. Maintenance or repair of air piping or electrical wiring. 2. Damage caused be environmental conditions, heat, humidity, freezing, etc., or moisture intrusion. 3. Damage caused by anyone other than Turbitrol per- sonnel. 4. Any repairs due to lightning, flood, fire, theft or malicious damage. 3W 851025 0 F. TERMS, CANCELLATION 6. Terms of payment will be net amount of invoice not to exceed 30 days. 1. The terms of this contract will be renegotiated or can- celled in the event that any of the equipment covered 7. The terms of this contract will be modified by under this contract is subject to new operating con- agreement of both parties to provide for additional ditions, and will be modified in an agreement by both equipment or to delete equipment covered. parties that will permit extension of Coverage to the additional equipment. Notice of equipment additions or relocation will be given to Turbitrol at least 30 days in advance. 2. Full Servi�e4Maintenance under this cp�%t will begin on the day of J Une 11 and will continue for a period of one (1) year. Either party may terminate this contract by giving written notice at least 30 days prior to the anniversary date of this agreement. It is further agreed that the contract price may be adjusted annually based on changes in our prevailing cost of labor as compared to such costs at the beginning of this agreement. 3. Notice of an adjustment shall be given 45 days prior to contract expiration date. 4. Unless cancelled by one party or the other, this con- tract will automatically renew itself on a yearly basis. 5. Monthly cost� f r tht rvice provided under this con- tract is $ � • per month, which excludes taxes or Government charges. For this agreement to become effective at the price quoted, a signed copy must be received in our Atlanta office within 45 days. LIABILITIES Turbitrol will Indemnify Tamarac Utilities against any liability for expenses associated with repair of damage to property or persons when caused when caused by contractor's (Turbitrol) negligence. CONSEQUENTIAL DAMAGES. TURBITROL SHALL NOT BE LIABLE, IN ANY EVENT, FOR LOSS OF AN- TICIPATED PROFITS, LOSS BY REASON OF PLANT SHUT --DOWN, NON --OPERATION, OR INCREASED EXPENSE OF OPERATION OF OTHER EQUIPMENT, PROCESSES, OR SYSTEMS, OR OTHER INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER. rX4 THE TURBITROL COMPANY: Douglas M. Reel National._ Service Manager APPROVED: DATE: C� 11 TH COMPANY A DIVISION OF THE TAULMAN LOMPANV ATTACH M ENT "A" COVERED EQUIPMENT Customer Name TAMARAC UTILITIES Contract Number Equipment Location TAMARAC, FL Coverage Period Oty. Name, Model and Serial Number Loop 1 DIGITAL EQUIPMENT CORPORATION MODEL PDP/11-73 SIN WF64510354 CONSISTING OF: 1 KDJ11 CPU 2 MSV11 MEMORY 1 DHV-11 INPUT 1 DLVE--11 DRIVER 1 RQDX3-AA CONTROLLER 1 RX--50 DISK DRIVE 1 RD-53 DISK DRIVE 1 TCU-50 CLOCK BOARD 2 DIGITAL EQUIPMENT CORPORATION MODEL LA210 PRINTERS SIN TA70611 TA73214 1 DIGITAL EQUIPMENT CORPORATION MODEL VT220 TERMINAL SIN TA13913 1 INTELLIGENT SYSTEMS CORPORATION COLOR VIDEO MONITOR ------------------------------------------------------------------------- SIN 608576 3W 851026