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HomeMy WebLinkAboutResolution 9293RESOLUTION 9293 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING NORTH SUBURBAN COMMUNICATIONS AGREEMENT WHEREAS, the Mounds View City Council is a member of the North Suburban Communication Joint Powers Entity; and WHEREAS, Franchise Fees have declined for a variety of reasons; and WHEREAS, North Suburban Communications has services marketable to other communities and entities that would generate revenue to replace that lost; and: WHEREAS, all participant members are being requested to amend the agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, Minnesota that the City of Mounds View authorizes the Mayor and City Administrator to affixes their signature to amends the North Suburban Communication agreement as attached to this packet at Attachment 1. Adopted this 27th day of July, 2020. ATTEST: (sea.l) Carol A. Mueller, Mayor ';kz NyleAikmL #nd, City A61ministrator a Schedule A. Services (City of Mounds View). North Suburban Access NSAC Professional and Technical Services Agreement This contract is between the North Suburban Access Corporation, a Minnesota Municipal Corporation, (herein "the NSAC") and the City of Mounds View, Minnesota (herein the City"). Recitals 1. Under Minnesota law, the NSAC is empowered to provide such professional and technical services as are desired by the City. 2. The City desires to engage the NSAC for video webcasting services and. archiving services (herein "the Services"). 3. The City represents that it is empowered to engage the NSAC. Agreement Term of Contract Duration. This Agreement will become at the signing of this contract and will remain in effect until all deliverables are met. 1. Services Provided 1.1. Services. The NSAC will provide the Services described in Schedule A attached). 1.2. Additional Services. The City may also request additional services during the term of the Agreement (see Section 1.1. Duration). If accepted by the NSAC, a change order will be required and Schedule A will be amended to include a description of the additional services and according compensation. Unless otherwise specified, all terms of this Agreement will apply to any amendments to Schedule A. 1.3. Standard of Care. To the extent any property, such as camera or computer equipment, is loaned by the NSAC to the City, the City will exhibit a standard of care consistent with Minnesota law. 1.4. City Assistance. Depending on the nature of the Services, the NSAC may from time to time require access to public and private lands or property. To the extent the City is legally and reasonably able, the City will provide access to and make provisions to enable the NSAC or its Schedule A. Services (City of Mounds View). agents or employees to enter upon public and private land and property as required for the NSAC to perform the Services. The City will furnish the NSAC with a copy of any special standards or criteria promulgated by the City relating to the Services, including, but not limited to, design and construction standards, that is necessary for the NSAC to prepare for its performance of the Services. Payment Compensation.. The City will pay for all Services to be performed by the Contractor as specified in Schedule A (attached). One half of the total payment for service will be received at the start of the project, the total amount due at the start of the project is 2,500.00. After all items are delivered, the remainder of the balance will be billed. If additional items or services are requested, a change order will be required. Invoices. The City must promptly pay the NSAC after the NSAC presents an invoice for those Services that have been actually performed. The NSAC must timely submit invoices. Assignment, Amendments, Waiver, and Completeness Assignment. The City may not assign, license, or transfer any rights or obligation under this Agreement without prior written consent of the NSAC and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. Amendments. Any amendments to this contract must be made in writing and will not be effective until executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 1.5. Waiver. If the NSAC fails to enforce in a timely manner any provision of this Agreement, that failure does not waive the provision or the NSAC's right to enforce the provision. 1.6. Completeness. This Agreement contains all negotiations and agreements between the NSAC and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 2. Liability The City must indemnify and hold harmless the NSAC, its agents, and its employees from any claims or causes of action, including attorney's fees incurred by the NSAC arising from performance of this Agreement by the City, its agents, or its employees. The clause must not be construed to preempt any legal remedies the NSAC may have for the City's failure to fulfill its obligations under this Agreement. Schedule A. Services (City of Mounds View). 3. Government Data Practices and Intellectual Property 3.1. Government Data Practices. To the extent applicable, the City and NSAC must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Clause by either the City or the NSAC. Each Party shall notify the other of any Data Practices Act request for video recordings created pursuant to this Agreement. All requests for the release or sale of video recordings created pursuant to this Agreement shall be directed to and fulfilled by the NSAC. 4. Endorsement The City must not claim that the NSAC endorses its products or services. 5. Governing Law, Jurisdiction, and Venue Minnesota Law governs this Agreement. Venue for all legal proceedings arising from this Agreement shall be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 6. Disclosure The City consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, to the Commission as is necessary for compliance with Minnesota and other applicable law. 7. Severability If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event that such a section or clause is essential or substantially alters the Agreement, the Parties shall negotiate a replacement section or clause that will achieve the intent of such unenforceable section or clause to the extent permitted by law. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Schedule A. Services (City of Mounds View). Dated: % North Suburban Access Corporation By: Its: Attest 1. Dated: 2-lo- 0 Its: City Administrator ZOZ- Cl By: Z4 Its:i Schedule A. Services (City of Mounds View). Service Due Project Management Services: The NSAC agrees to provide the following: Core Cities Project Management - GL 401801 @ 80.00 80/hour for 28 2,240 hour for 28 hours hours Equipment: NSAC agrees to provide the following: Equipment Pass-thru Host Computer Existing in room Not Charged Equipment Pass-thru @ 340.00 AJA U -TAP Video Interface 340.00 340 Equipment Pass-thru @ Audinate Dante Avio USB audio interface 144 Equipment Pass-thru @ 150.00 Cables and Supplies 50.00 150 Equipment Pass-thru @ 2,300.00 AW-RP60 PTZ controller 2,300 Equipment Pass-thru @ 500.00 42" Flat Screen TV 500 Fees: 30 Admin Fee Total Due to 5,704 NSAC