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HomeMy WebLinkAbout4.406 Original Contract ~ <It <f tJt.p TELECOMLABS 'NC TLI Maintenance Advantage Plan The followmg Customer agrees to purchase from TELECOM LABS, INC (TLI) eqUipment and services m the quanl1l1es and models desIgnated below, m accordance with the terms and condItIOns set forth on thIs page, on the reverse SIde, and any schedule(s) attached hereto Customer agrees to pay TLI the total purchase pnce as set forth below AddItIOnal terms on reverse of thIs document are a part of thIs agreement CUSTOMER: PLAN COMMENCEMENT DATE: City of Port Angeles October 12, 2002 BILLING ADDRESS: EQUIPMENT LOCATION ADDRESS: 321 East 5th 321 East 5th BILLING CITY/STATE/ZIP: EQUIPMENT LOCATION CITY/STATE/ZIP: Port Angeles W A. 98362 Port Angeles W A. 98362 CONTACT NAME/PHONE: SPECIAL INSTRUCTIONS: 3 year Maintenance Agreement with an option to get out of the contract Jim Harper (360) 417-4513 after 1 year Equipment covered as per attached Equipment List Coverage Options (Customer initial two): __ _ _ ~ Business Day (8:00 am - 5:00 pm, M - F, excluding H~~ Every Day (24 X 7, including Holidays) Switch Only Term: 1 yr. 2 yr. ~~~ ~~ 5 yr. Switch and Terminals ..- Total Contract Value: ($1.086.75/Mth) ($13.041.00/Yr) ($39.123/3 Yrs) After the first initial year o(this contract, the customer may cancel this agreement with thirty day written notice to TLI. There will be no penalty for early termination as long as TLI has 30 days written notice. ~""Jl.I !v,trtrF'#5 ,lJJ1?y t'/C. TELECOM LABS, INC. .,;,' ",~rf!::"- ~eE.51J.)WJ CUSTOMER Print name & title ~ ~ /i::> -/~ -0 z..-- {Jo.{ V ~ Date Signature Date AVAYA Gold B USIN ESSP ARTN ER D.. TLI Maintenance Advantage Plan (MAP) Standard Specifications . Parts and Labor Warranty - TLI will ensure the operation of your telephone system by repairing or replacing any components that have failed and are covered by the Maintenance Advantage Plan. . Remote Monitoring - Your Definity system wIll be monitored 24 hours a day, 7 days a week, 365 days a year by TLI's exclusive Advantage Momtoring ServIce (AMS). . Technical Support Hotline - TLI's hotline is answered by expenenced professionals trained to assIst you in diagnosmg or troubleshooting problems with your system. . Investment Protection- TLI WIll provide free installatIOn for any version upgrades to your sWItch at your request. . Instant Exchange - If you have a defective component we will exchange it for a working model within one business day. . Local Single Point of Contact - Each customer is assigned a local Account Manager who knows your system and your expectations. Your Account Manager will handle every service request quickly and efficiently. . Free Training - Upon request, TLI will provIde free end user training during the term of the Maintenance Advantage Plan. . Free System Inspection - Upon your request, TLI will provide annual system inspections to troubleshoot, clean and maintain all common system components. . Free System Analysis - Your Account Manager will reVIew, at no charge, all system functionahty and operability to assure that your applicatIOns are properly addressed. . Free Network Analysis - Your Account Manager will provide a consultative review of your local and long dIstance telephone bills upon request. TLI will suggest alternatIve solutions that may be beneficial from a functionahty and/or economic standpoint. . Guaranteed Service Response - TLI guarantees the following response tImes. If TLI fails to meet response times, TLI will credit your account $500.00. M-F 2-hour response for emergency (major system failure-25% of system down), next business day response for all others. 4-hours response for emergency (major system failure-25% of system down), next business day response for all others. M-F after 5:00/Weekends TLI Maintenance Advantage Plan City of Port Angeles Schedule A - Equipment List - City of Port Angeles <JIJ;rt III' Descripti. 18:' :'. . IQty. ' < y ,-{it ,,,' Ports Total ' , ".-,~,~ ,,'-, '0' " 'UOlt ,~ , ,~ 16 TN746B 16 Port Analog Circuit Pack 16 $ 2.64 $ 675.84 2 TN747 8 Port CO Trunk Circuit Pack 8 $ 2.64 $ 42.24 2 TN753B 8 Port DID Circuit Pack 8 $ 2.64 $ 42.24 1 TN754C 8 Port Digital Line Circuit Pack 8 $ 2.64 $ 21.12 1 TN760E 4 Port Tie Trunk Circuit Pack 4 $ 2.64 $ 10.56 1 TN763 4 Port Aux Trunk Circuit Pack 4 $ 2.64 $ 10 56 4 TN2181 16 Port Digital Line Circuit Pack 16 $ 264 $ 16896 1 VOICEMAIL Intuity Audix 6 $ 31.59 $ 189.54 /subtotal 1$ 1,161.061 Coverage Options /' Business Dav (8:00 am - 5:00 pm, M - F, excluding Holidays) Inc Every Day (24 X 7, including Holidays) $ - Switch Only 1 Switch and Terminals /' Subtotal $ 1,161.06 1 3 -Year Loyalty Discount $ (74.31) /' Subtotal $ 1,086.75 I-Year Pre-payment Discount /' Subtotal $ 1,086.75 ITotal Purchase Price 1$ 1,086.751 Above pncmg does not mclude applicable sales tax Initial~ .,-/ . Telecom Labs Inc ("TLI") and you, the Customer, agree that the following terms and conditions will apply to TLI Mamtenance Advantage Plan ("MAP") and related services listed on the front of this Agreement and any additional attachments that may apply 1 CONTRACT PERIOD - This Agreement shall be effective when signed by you and accepted m wntmg by TLI until termmated as set forth m Section 8 of this Agreement BasIc Warranty services Will be cotermmous With the applicable product warranty penod MAP services Will be for an Initial term as specified on the reverse hereof, (one (1) year mmlmum) MAP service shall be automatically renewed for successive one (1) year terms at the charges and under the terms and conditions applicable to TLI's standard one (1) year MAP 'agreement at the time of renewal, unless either party gives the other wntten notice of ItS Intent not to renew at least thirty (30) days pnor to the eXpiration of any mltlal or renewal term TLI can also notify you ninety (90) days m advance of the time of renewal that Service for specific Products covered under this Agreement Will not be renewed 2 CUSTOMER RESPONSIBILITIES - You agree to (I) provide the proper enVIronment, electncal and telecommUnications connections, (II) provide access and work space, and (III) malntam a procedure external to the software program(s) and host computer for reconstruction of loss or altered files, data or programs You are responsible for notlfymg TLI of the presence of any hazardous matenal (e g , asbestos) on your premises pnor to the commencement of any Services You are also responsible for removal of any such hazardous matenal or correction of any hazardous condition that affects TLI's performance of Services Services Will be delayed until you remove or correct the hazardous condition, TLI shall not be liable to you as a result of such delays 3 WARRANTY - A When a MAP service agreement eXists, TLI warrants that dunng the warranty penod the Products Will operate m accordance With the manufacturer specifications If a Product does not operate In accordance With manufacturer specifications dunng the warranty penod, you must promptly notify TLI TLI, at ItS option, Will either repair or replace that Product Without charge You have the nght, as your exclUSive remedy, to return that Product for a refund of the purchase pnce or license fee If TLlls unable to repair or replace the Product B The warranty penod shall begin on the Delivery Date for Customer-mstal'ed Products TLI's standard warranty penod Will apply If none IS specified 4 MAP SERVICE - A TLI Will provide Services dunng the Contract Penod m accordance With TLI's standard specifications subject to the exclUSions set forth m this Section B MAP service Includes preventive mamtenance as deemed appropnate by TLI and remedial mamtenance, mcludmg replacement parts reqUired for Products used under normal operatmg conditions C If you subsequently purchase products ("Added Products") from TLI or a third party and co-locate those products With the eXisting ones, those Added Products purchased from a party other than TLI or authonzed TLI Contractor, are subject to certification by TLI at TLI's then current rates for such certification, MAP service coverage Will be effective Immediately after TLI certifies the Added Products Charges for Added Products Will be at the then current rate and coverage Will be cotermmous With the coverage for the eXisting Products D Purchased or replacement parts and products may be new, remanufactured or refurbished Any removed parts and/or Products Will become the property of TLI E MAP service coverage Will be In accordance With the optlon(s) you have selected as listed on the front of thiS Agreement F Power Surges - MAP service does not cover any equipment damage or failure that occurs as a result of a power surge G TLI may, at ItS discretion, electronically mOnitor your system for the sole purpose of collectmg and recordmg the configuration of and the number and kinds of products m your system Such mOnltonng Will serve two (2) pnnclpal purposes (1) the mformatlon Will permit more accurate remote diagnostics and corrective actions, and (2) the mformatlon Will be used once a year, before the renewal date of any Service Agreement, or the annual anniversary date of a multi-year Agreement, to determine applicable charges Products Identified m the data collection Will be treated as Added Products under Section 4 C You Will cooperate With TLI m such data collection, Includmg making remote access available to TLI for thiS purpose 5 WARRANTY/MAP SERVICE EXCLUSIONS - A Except as stated In Section 5, TLI, ItS subsldlanes and their affiliates, subcontractors and suppliers, make no warranties express or Implied, and specifically disclaim any warranty of merchantability of fitness for a particular purpose B The warranty provided In Section 3 and MAP service do not cover repair for damages, or malfunctions, or performance charactenstlcs caused by (1) use of non-TLI furnished eqUipment, software, or faCilities With the Product(s), (2) your failure to follow TLI's Installation, operation or maintenance mstructlons, Includmg your failure to permit TLllimely remote access to your Product(s), (3) failure or malfunction of eqUipment, software, or facilities not serviced by TLI, (4) actions of non-TLI personnel, or (5) force majeure conditions as stated In Section 10 TLI does not warrant unmterrupted or error free operation of the Product(s) In addition, TLlls not obligated to prOVide warranty or MAP service If you modify the Product(s) If you request, TLI Will perform repair or other services not covered by thiS Agreement to your TLI Product(s) at TLI's standard rates for such service C Although Products are designed to be reasonably secure, TLI makes no express or Implied warranty that Products are Immune from fraudulent mtruslon, unauthonzed use or disclosure or loss of propnetary Information Certam features, If purchased, such as Password Reset, Conference Mailbox, Skip Password and MOnitor Mailbox, when enabled, could be Improperly used m Violation of pnvacy laws By ordenng Products With these features or separately ordenng such features, you assume all responSibility for assunng their proper and lawful use D You agree to notify TLI pnor to moving a Product Additional charges may apply If TLI mcurs additional costs m prOViding warranty or MAP services as a result of a move of a Product E If the Product supports Telephony or Transmission Control Protocol/lnternet Protocol (TCP/lP) facilities, you may expenence certam compromises m performance, reliability and secunty, even when the Product performs as warranted These compromises may become more acute If you fall to follow TLI's recommendations for configuration, operation and use of the Product You acknowledge that you are aware of these nsks and that you have determmed that they are acceptable for your application of the product You also acknowledge that, uhless expressly provided In another agreement, you are solely responSible for (1) ensunng that your networks and systems are adequately secured agamst unauthonzed mtruslon, and (2) backmg up your data and files 6 PRICE AND PAYMENT - A Payment of mvolces IS due Within thirty (30) days from the Invoice date Delinquent payments on any undisputed balance are subject to a late payment charge of the lower of one and one half percent (1 5%) per month or portion thereof, or the maximum amount allowed by law Restnctlve endorsements or other statements on checks Will not apply You agree to reimburse TLI for reasonable attorneys' fees and any other costs associated With collectmg delinquent payments B You shall pay taxes levied upon the sale, transfer of ownership, mstallatlon, license or use of Products or Services unless you prOVide TLI With a tax exemption certificate Excluded are taxes on TLI's net mcome 7 EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY - A The entire liability of TLI and ItS subsldlanes, affiliates and subcontractors, (and the directors, officers, employees, agents, representativeS, subcontractors, and suppliers of all of them) and your exclUSive remedies for any damages caused by any product defect or failure, or ansmg from the performance or non-performance of any work or service, regardless of the form of action, whether m contract, tort mcludmg negligence, stnct liability or otherwise shall be (1) For failure of products dunng the warranty penod, the remedies stated In Section 3, (2) for TLI's failure to perform any matenal term of thiS agreement (e g , TLI's MAP Service obligations), your sole remedy shall be to cancel thiS agreement Without mcurnng cancellation charges If TLI falls to correct such failures wlthm thirty (30) days of receipt of your wntten notice, (3) for damages to real or tangible personal property or for bodily mJury or death to any person for which TLI's sole negligence was the proximate cause, your nght to proven damages to property or person, and (4) for claims other than set forth above, TLI's liability or $100,000, whichever IS less B Except to the extent prOVided In subsection 7 A (3), TLI shall not be liable for the followmg types of damages (1) mdlrect or mCldental damages, and (2) speCial or consequential damages, mcludmg but not limited to lost profits, savings or revenues of any kind, lost, corrupted, misdirected or mlsappropnated data or messages, and charges for common carner telecommUnication services or facilities accessed through or connected to products ("toll fraud") TLI shall not be liable for the types of damages enumerated above whether or not TLI has been adVised of the pOSSibility of such damages ThiS paragraph shall survive the failure of any exclUSive remedy 8 CANCELLATION/TERMINATION - A Pnor to the commencement of MAP service, you may cancel coverage and receive a full refund of any prepaid amount After commencement of any mlllal or renewal term of MAP service, you may terminate Service coverage upon thirty (30) days wntten notice If you provide notice of your Intent to termmate dunn9 the first thirty (30) days of coverage, you Will only be responSible for the charges for the penod of coverage up until the effective date of termmalion After the first thirty (30) days of coverage, you may provide notice to termmate the Agreement subject to a termination charge equal to the monthly charges for twelve (12) months or the penod remammg, whichever IS less For prepaid agreements, TLI Will refund or credit the pro rata pnce of the remaining term less the applicable termmatlon charge B If you fall to perform any matenal term or condition of thiS Agreement (e g , fall to pay any charge when due) and such failure continues for thirty (30) days after receipt of wntten notice, you shall be m default and TLI may terminate thiS Agreement and exerCise any available nghts Upon termmalion by TLI, you shall be liable for cancellation and/or termination charges and any other applicable charges 9 DISPUTES - A Any controversy or claim, whether based on contract, tort, stnct liability, fraud, misrepresentation, or any other legal theory, related directly or Indirectly to thiS Agreement ("D,spute") shall be resolved solely In accordance With the terms of thiS Section 9 B If a Dispute anses, the parties Will endeavor to resolve the dispute through good faith negotiation Within forty-five (45) days of notification of the Dispute If the Dispute cannot be settled through good faith negotiation, TLI and you Will submit the Dispute to non- blndmg mediation conducted by the Amencan Arbitration Association ("AAA") or any other mutually acceptable alternate dispute resolulion organization Each party shall bear ItS own expenses but those related to the compensation of the mediator shall be borne equally The parties, their representatives, other partiCipants and the mediator (and arbitrator, If any) shall hold the eXistence, content and result of mediation m confidence If the Dispute IS not resolved through mediation, claims may be brought In a state or federal court of competent Junsd,clion or resolved through blndmg arbitration C Any Dispute you have against TLI With respect to thiS Agreement must be brought In accordance With thiS Section 9 wlthm two (2) years after the cause of action anses 10 FORCE MAJEURE - TLI shall have no liability for delays, failure m performance or damages due to fire, explOSion, power failures, pest damages, Iightnmg or power surges (except as prOVided In Section 4 F), stnkes or labor disputes, water, acts of God, the elements, war, CIVil disturbances, acts of CIVil or military authontles or the public enemy, Inability to secure raw matenals, transportation faCilities, fuel or energy shortages, performance or availability of communications services or network faCilities, unauthonzed use of the Products, or other causes beyond TLI's control whether or not Similar to the foregomg 11 ASSIGNMENT - Neither party may assign thiS Agreement Without the pnor wntten consent of the other party, which consent shall not be unreasonably Withheld However, TLI may assign thiS Agreement to a present or future affiliate, subSidiary, successor or dlstnbutor or may assign ItS nght to receive payment Without your consent 12 SUBCONTRACTING - TLI may subcontract work to be performed under thiS Agreement, but shall retam responSibility for the work 13 GENERAL - A Any supplement, modification or waiver of any provIsion of thiS Agreement must be In wntmg and Signed by authonzed representatives of both parties B If either party falls to enforce any nght or remedy available under thiS Agreement, that failure shall not be construed as a waiver of any nght or remedy With respect to any other breach or failure by the other party C ThiS Agreement shall be governed by the local laws (as opposed to the conflict of law prOVISions) of the State of Washmgton 14 NON-SOLICITATION OF TLI EMPLOYEES Dunng and for two (2) years after the term of thiS Agreement the Customer Will not soliCit the employment of, or employ TLI personnel Without TLI's pnor wntten consent The agreed upon penalty for Violation of thiS clause IS $50,000 00 for liqUidated damages 15 THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, COMMUNCIATIONS BETWEEN THE PARTIES AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL </. ~O& ~;- O'RT''P;.N"G'-'ELE'S'' ~,~ ~, < I> } ( ," ~ / ~ r ~ ,'_ ; jm , . _ _,,,_ }J - , " _I:,'U' _",: ' - ~ ,,' ,.-, "',' -,' WAS H I N G TON, U. S. A. , FINANCE DEPARTMENT Continuant, Inc. 700 Industry Drive Seattle, Washington 98188 June 18, 2007 ~ - C' /111 'x 1-4 ,/ /~. "" ''k. -f-e..( .;." ~ ) "'1.1. Q "'< Re: Cust. ID.: CITYOF06 Service Contract Number: ESP23287 Dear Continuant, Inc.: In a second request, as per the temfs of our contract and addendum, please terminate the above described maintenance agreement effective: 10/12/2005 An original termination letter dated September 6, 2005 was sent to your prior company name/address (Telecom Labs) on September 6, 2005, via regular mail. The contract termination date was October 12,2005 (see attachment). Voice mail messages in response to questions from Bob Creasey regarding contract renewal were left on two separate occasions informing him of our intent to not renew. Due to apparent clerical errors on both sides, erroneous payments had,been continued through April 2007. We did in good faith, request termination of your services at the end of the original three-year contract. We are requesting in all fairness, to terminate our apparent outstanding issue with the original termination date of October 12, 2005, and refund to the City an:)' overpayment from that date at the monthly rate of$1018.74. The need to share common contract services with our governmental partner, Clallam County, with whom we share A vaya Definity telecommunications equipment and software, was the reason for termination. We fully intend to reserve future possibilities to return to your company if situations, partnerships and agreements change. Should you have any questions, please feel free to call me at 360-417-4513. Regard~~~ Jim Harper Systems Coordinator Information Technology Department Attachment 1 '-. 321 EAST FIFTH STREET · P O. BOX 1150 · PORT ANGELES, WA 98362-0217 PHONE 360-417-4600. FAX 360-417-4609 · TTY' 360-417-4645 E-MAIL FINANCE@CI.PORT-ANGELES,WA US Becky Ueton;~ Contra~t wlthTelecom:Lab~ ,~ From: To: Date: Subject: Becky Upton Jim HARPER 7/14/053:18PM Contract with Telecom Labs I recently forwarded to you a copy of a notification dated July 1, 2005, from Telecom Labs, informing us they had assigned the contract rights to Continuant Inc. When I went to file the letter, I realized our current contract with Telecom Labs expires as of October 15, 2005. Just a heads up! Becky cc: Yvonne Ziomkowski '4. <I () t.tJ ~.. 1o)~@~nJ~~ lJl) JUL I I 2005 ~ TELECOM LABS INC CITY OF PORT ANGELES CITY CLERK Notice of Assignment of Contract Date: July 1, 2005 To: City of Port Angeles 321 East 5th Port Angeles, W A 98362 Attn Contract Manager RE: Assignment of Contract This notice is in reference to all Telecom Labs, Inc. (TLI) Maintenance Advantage Plan contracts signed by the City of Port Angeles. Please be advised that as of July 1, 2005 all interest and rights under these Contract Agreements, which were formerly owned by Telecom Labs, Inc. (TLI) of 700 Industry Drive, City of Seattle, State of Washington, have been permanently assigned to Continuant Inc. of 700 Industry Drive, City of Seattle, State of Washington. Please be advised that all obligations and rights of the former party to this contract is now the responsibility of the new party to this contract. Sign~ iZ~ Kitty Riddle. Executive Manager Name-Title ~:to : ~ ?rff>-~ ~/ 1-11-06 ,6tt wwwteamTLLcom 700 Industry Dnve, Seattle, WA 98188 I Tel 206-575-9100 I Fax 206-575-9900 115 W. 8th Avenue, Suite 120, Eugene, OR 97401 I Tel 541-687-9100 I Fax 541-984-1456 4. </Olp ~ORTANGELES WAS H I N G TON, U. S. A. FINANCE DEPARTMENT September 6, 2005 Telecom Labs, Inc. 700 Industry Drive Seattle, Washington 98188-3408 Dear Telecom Labs, Inc.: As per the terms of our contract and addendum, please terminate our current maintenance agreement effective: 10/12/2005 Clallam County Courthouse/City of Port Angeles 321 East Fifth Street Port Angeles, Washington 98362 Client Telecom Labs, Inc. Cust. ID.: CITYOF06 Client-Telecom Labs, Inc. Service Contract Number: ESP23287 'Client Avaya Account Number: 01009044853 '-Sold To Number: '0002685041 ',...... , "~ .. - y our s~ee~ have been adequate but we find the need to share contract services with our govermilental partn,~r, Clallam County, whom we share oUr A vaya Definity telecommunications equipm'ent and software with. We fully intend to reserve future possibilities to return to your company if situations, partnerships and agreements change. Should you have any questions, please feel free to call me at 360-417-4513. " Regards, Jim Harper Systems Coordinator Finance Division, Information Technology Department \ 321 EAST FIFTH STREET · p, O. BOX 1 150 · PORT ANGELES, WA 98362-0217 PHON E 360-417-4600. FAX 360-417-4609 · TTY 360-417-4645 E-MAIL.FINANCE@CI.PORT-ANGEL.ES.WA.US CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES, PRESENTATIONS AND PROCLAMATIONS: 2002 Excellence m CommumcatIOn CompetitIOn A ward WORK SESSION: FINANCE: A ward Contract Pump StatIOn Retrofits Telephone PBX Hardware/Software and Support Contract <I, <lDu; CITY COUNCIL MEETING Port Angeles, Washington October 15, 2002 Mayor Wiggins called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Wiggms, Councilmembers Braun, Campbell, Erickson, Headrick, Rogers, and Wilhams. Members Absent None StafJPresent. Manager Quinn, Attorney Knutson, Clerk Upton, B. Collms, G. Cutler, D. McKeen, T. Riepe, Y. ZIOrnkowski,D. Miller, M. Sanders, L. Dunbar, T. Reid, and 1. Patterson. Public Present M. Schaad, K. Schroeder, E Carnveau, J. McGuffey, 1. Gustafson, A. Macomber, K. Puhl, and T. Pnce. The Pledge of Allegiance to the Flag was led by Clerk Upton. 2002 Excellence in CommunicatIOn CompetitIOn Award Pubhc Works & Utihties Dlfector advised the Council that the City was recently recogmzed by the Northwest Public Power AssoCiation for itS teleVisIOn and radio advertisements created to promote energy and water conservation programs. The City receIved four awards m different categones, and a Video was shown of the 151 Place award for the Budget Payment Program Director Cutler, Power Resource Manager Dunbar, and John Klemesrud from DenRee Productions presented the award to Mayor Wiggms. None. 1 Award Contract Pump Station Retrofits Director Cutler reViewed pnor bids sohcited for the pump statIOn retrofits wherem only one bid was received and was 73% above the engmeer's estllliate. That bId was, therefore, rejected. Bid documents for a second bId were clarified, four bIds were receIved, and the lowest responsive bId was 5% less than the engineer's estlfnate. Following bnef discussion, Councilman CampbelJ moved to award the bid to Aldergrove Construction of Port Angeles and authorize the Mayor to sign a contract in the amountof$64,020.86 for Pump Station Retrofits, Project No. 22-16. 2. Telephone PBX Hardware/Software and Support Contract Fmance DIrector ZIOrnkowskI explained that the current contract for hardware and software support for the telephone system expired as of October 11, 2002. The phone system is jointly operated by the City and County, and the City needs to proceed with a new contract for its share of the system. Director ZIOrnkowski noted that the proposed contractor is a local company and can respond wIthm a two-hour time frame. She noted the County also plans to enter mto a SImilar arrangement With the same company Bnef diSCUSSIOn followed, after which Councilmember Rogers moved to authorize the - 1 - .,. .. CITY COUNCIL MEETING October 15, 2002 Telephone PBX Hardware/Software and Support Contract (Cont'd) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: RESOLUTIONS: Mayor to sign the contract with TelecomLabs, Inc., for Telephone PBX Hardware/Software and Support in the amount of $13,041 per year. The motion was seconded by Councilman Braun and carried unanimously. Mayor Wlggms asked that the matter of 1-790 be added as Agenda Item 1.3 Paul Lamoureux, 602 WhIdby, spoke m support of the CIty-wIde efforts to bnng Westport Marme to Port Angeles. He also acknowledged Mayor Wlggms' letter to the editor, providing additional information to the public regarding Referendum 51. Mr. Lamoureux then directed attention to the 2003 Budget, offenng cautlOn WIth regard to the funding of future projects. Notmg vanous current cost overruns, such as on the constructlOn of the Rayonier portion of the Trall, he urged the Councll to lllltIate sound economIC thmkmg when prepanng the Budget. He asked that fundmg be provIded for only those Items and projects deemed to be necessary In consldermg the Consent Agenda, Councllman Braun referenced the Check LIst and noted an expendIture for an ad related to a lmeman. He spoke m support of future efforts to mvolve local talent m the apprentice program of the Light Department. Director Cutler summarized past and present efforts m that regard. CouncIlman Headrick responded to commentanes made earher by Mr. Lamoureux concerning cost overruns on the Rayolller portlOn of the Waterfront TraIl. Councilman HeadrIck reVIewed the expendItures, notmg the total project costs were approXImately $2,000 hIgher than originally anticipated. Bnef dlscusslOn was held concerning the jomt auction, and Mayor Wiggins noted the attendance thIS evelllng of Mehssa Schaad, applicant for the Law Enforcement AdVISOry Board Councilman Braun moved to accept the Consent Agenda, to include: 1) City CounCIl Mmutes of October 1,2002 regular meetmg; 2) Check Register - October 4,2002 - $498,212.16; 3) Electronic Payments - October 4,2002 - $117,650.52; 4) Appointment to Fill Vacancy on Law Enforcement AdVISOry Board; 5) A ward Contract 2002 Tree Trimming; 6) Port Angeles Landfill Co-compostmg Faclhty Improvements (Project 22-14) Fmal Acceptance; 7) Interlocal Agreement and Surplus LISt for Joint AuctlOn, 8) Rayolller Trall- Final Acceptance; and 9) Institutional Network Contract Changes. The motion was seconded by Council member Erickson and carried 6 - 0, with Councilmember Erickson abstaining from the vote relative to the approval of the October 1, 2002, Council minutes, as she was absent from the meeting. Councilman Braun attended a meetmg of the Real Estate Committee, as well as the A WC ReglOnal Conference. Several issues have been addressed by the Pubhc Safety CommIttee, and they w1l1 be forthcommg at the Counclllevel at a later date. On behalf of the CIty CounCIl, CouncllmanBraun attended a recognitlOn for former School Board member Dorothy Duncan. In that Ms. Duncan prevlOusly served on the City CounCIl and as Mayor, he suggested a proclamation hononng Ms. Duncan be prepared for the next meetmg. Councllmember Rogers referenced the A WC ReglOnal meetmg and was pleased with the recogllltlOn of Port Angeles regarding the Westport announcement. She IS workmg on other econonnc development issues and has also been workmg on the Budget Committee. She commended staff for ItS dlligence relative to the budget preparation. Mayor Wiggins attended the opelllng of the Story Telhng Festival, and he noted the success of the recent Crab FestIval. None. None. - 2 -