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HomeMy WebLinkAboutResolution 2005-87 - Contract For Computer Services-J.O.T.S Computer ServicesCity of Corcoran County of Hennepin State ofMinnesota RESOLUTION NO. 2005-87 MOTION BY MEMBER: Thomas SECONDED BY MEMBER: Lymangood WHEREAS, the City of Corcoran finds that it is in its best interest to contract for services as they relate to Computer Server support and Desktop support, and other such services relative to the electronic operations of the City Office; and WHEREAS, J.O.T. S. Computer Services, Inc., owned and operated by John Hamilton, 23120 Garrison Road, Corcoran, MN has provided the City of Corcoran with a competitive contract; and WHEREAS, Owner John Hamilton is an employee of the City of Corcoran, but it is expressly agreed that as a Service Provider to the City under J.O.T.S. Computer Services, Inc., John Hamilton is acting as an independent contractor. NOW THEREFORE, BE IT RESOLVED, that the City Administrator is hereby authorized to enter into contract, hereto attached, with J.O.T.S. Computer Services, Inc. in the name of the City of Corcoran. VOTING AYE X Cossette, Tom X Grabowski, Chuck _X_ Jacobs, Paul _X_ Lymangood, Chuck X Thomas, Ron ATTEST: VOTING NAY Cossette, Tom Grabowski, Chuck Jacobs, Paul Lymangood, Chuck _ Thomas, Ron _ Whereupon, said Resolution is hereby declared passed on this 22"d day of December 2005. Bea Lindberg, City Cle Tom Cossette, Mayor City Seal r J. 0. T. S. Computer Services, Inc. MINIM .... ••■ 23120 Garrison Road • Corcoran • Minnesota • 55340 -9103 Bus # (763) 498 -6565 Fax # (763) 498 -6565 john@jotscomputerservices.com www.jotscomputerservices.com Annual Service Contract for 2006 THIS SERVICE AGREEMENT dated this _ _ day of December, 2005 BETWEEN: City of Corcoran, a local government under the laws of the State of Minnesota and having an office at 8200 County Road 116, Corcoran, Minnesota 55340 (the "Customer ") -AND- J.O.T.S. Computer Services, lnc., a corporation incorporated under the laws of the State of Minnesota and having an office at 23120 Garrison Road, Corcoran, Minnesota, 55340 -9103 (the "Service Provider ") WHEREAS the Customer carries on a business primarily consisting of local government. ; AND WHEREAS the Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide service in connection with the business of the Customer_ AND WHEREAS the Service Provider is agreeable to providing such services to the Customer, on such terms and conditions set out in this Agreement; IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: Encasement 1. The Customer hereby agrees to engage in a Service Contract to provide the Customer with services consisting of Server Support and Desktop support and such other services as the Customer and the Service Provider may agree upon from time to time (the "Services "), and the Service Provider herby agree to provide such Services to the Customer. a. Annual Contract includes the following; i. Discounted Hourly Rates — See Attached Rate Sheet. ii. Review of Daily Server Performance Reports iii. Minimum Billing 1 hr and .5 increments there after iv. Priority Service over clients with no contract v. No charge for drive time to / from business site vi. No charge for pick and delivery of computers repaired off site vii. No charge for off site back -up data storage in fire rated media vault Term of Agreement 2. The term of this Agreement shall begin on the date of this Agreement and shall remain in full force and effect one calendar year (January 1'`, 2006 thru December 31'x, 2006). Performance 3. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Compensation 4. For the Service rendered by the Service Provider as required by this Agreement, the Customer will pay to the Service Provider compensation in the amount of $4400700 5600.00. Compensation will be payable «ith the following frequency. quarterly payment of$300.00 $150.00 prior to begin of each three months quarter. Provision of Amenities 5. The Customer will not be providing the Service Provider with any amenities. Confidentiality 6. The Service Provider agrees that it shall not disclose any confidential information with respect to the business of the Customer except as may be necessary or desirable to further the business interests of the Customer. This obligation shall survive the term of this Agreement. Assignment 7. This Agreement is a personal one, being entered into reliance upon and in consideration of the personal skill and qualifications of the Service Provider. The Service Provider shall not voluntarily or by operation of law assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without prior written consent of the Customer. Capacity/Independent Contractor 8. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Service hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them. 2 Modification of Agreement 9. Any amendment of modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidence in writing signed by each party or an authorized representative of each party. Time of the Essence 10. Time shall be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement shall operate as a waiver of this provision. Entire Agreement 11. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it. Severability 12. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Currency 13. Unless otherwise provided for, all monetary amounts referred to herein shall be paid in US dollars. Governing Law 14. It is intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Minnesota, without regard to the jurisdiction in which any action or special proceeding may be instituted. IN WITNESS WHREOF the parties have duly executed this Service Agreement this day of. December, 2005. SIGNED, SEALED AND DELIVERED in the presence of Witness Witness 1.0 . . Co i'uter Services. Iac. V John ni ton, its reside t Per. Sue Vergin. City Administrator 3 J. 0. T. S. Computer Services, Inc. 23120 Garrison Road • Corcoran • Minnesota • 55340 -9103 Bus # (763) 498 -6565 Fax # (763) 498 -6566 johneotscomputerservices.com www.jotscomputerservices.com 2006 Rate Sheet mice .T `Emergency Service Call On -Site Server Support On -Site Client Support a wi :c traci $125.00 $125.00 $90.00 $95.00 $70.00 Remote Server Support $90.00 $70.00 Remote Client Support $75.00 $60.00 Off-Site All Support $75.00 $60.00 On -Site Training $75.00 $60.00 Trip Charge $40.00 No Charge Pick -up / Delivery PC $25.00 No Charge Minimum On -site Billing 2 hours 1 hour **Annual Contract Rate N/A $100.00 monthly *mai Contract. Rate Includes the Following: 1. Discounted Hourly Rates 2. Review of Daily Server Performance Reports 3. Minimum Billing 1 hr and .5 increments there after 4. Priority Service over clients with no contract 5. No trip charge for drive time to / from business site 6. No charge for pick and delivery of computers repaired off site 7. No charge for off site back -up data storage in fire rated media vault *Emergency Service Cali — when on site service is required without 24 hour notice. "`Annual Contract — required being pre -paid quarterly.