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HomeMy WebLinkAboutGaynor Telesystems, Inc. 2021-06-12 COU No.2021-240 ((G)) GAYNOR TELESYSTEMS Gaynor Telesystems, Inc. CORPORATE HEADQUARTERS 9650 Tanqueray Court Redding,CA 96003 PH:(530)223-2979 FAX:(530)224-9260 EMAIL: www.Gaynortelesys.com City of Ukiah 300 Seminary Ave October 20,2021 Ukiah, Ca 95482 Site# 006227 Dear Sir and/or Madam, Your Warranty will expire on 6/11/21, for your Paxton System. We are able to continue your SOFTWARE coverage with an Annual Maintenance Agreement and System Support Plan for an annual cost of$1393.70, This agreement will cover all Software and Labor associated with the Software. We will be available for training sessions at no additional charge and have a 48-Hour Remote Response Time for normal issues and Priority Response time for all Emergency Service,which is no more than 3 hours' Remote response time. And,you as the customer make the determination as to when it is an emergency for your service issues. (Hardware is not covered) Please sign and fax the enclosed agreement to 530-224-9260 THANK YOU FOR CHOOSING GAYNOR TELESYSTEMS! Sincerely, Wanda Carter GAYNOR TELESYSTEMS, INC. ANNUAL SOFTWARE ONLY MAINTENANCE AGREEMENT (Hardware is not covered) Between GAYNOR TELESYSTEMS,INC.9650 Tanqueray Ct.,Redding,CA 96003 And City of Ukiah,300 Seminary Ave,Ukiah,Ca 95482 (PAXTON) Gaynor Telesystems,Inc.,hereby agrees to provide Customer with labor for the software maintenance of the above-identified system(except equipment owned by the local telephone company)located at Customer's above address and Customer agrees to pay therefore in accordance with the following terms and conditions: I. Payment—Customer agrees to pay Gaynor Telesystems, Inc. the sum of 1393.70 annually, payable in advance, plus charges for"non-replacement parts"as defined in Section 5 below and related sales taxes. 2. Term,Option to Renew—The term of this agreement shall be from 6/12/21 until 6/11/22 the first anniversary thereof. 3. Maintenance Obligations—Gaynor Telesystems,Inc.shall keep the system in good working condition and repair,furnish all necessary labor, and load the most current software backup provided by customer. Gaynor Telesystems, Inc. shall provide regular service within 48 Remote hours of Customer's request and emergency service (that is,where there has been a total failure of the system)within 3 Remote hours of Customer's request unless,in either case,prevented by war, labor trouble,civil disturbance or other cause that is beyond the control of Gaynor Telesystems,Inc. 4. Customer's Remedies for Non-Performance—In the event of a material breach of this agreement by Gaynor Telesystems, Inc.,Customer may cancel this agreement.This remedy shall be Customer's exclusive remedy,and Gaynor Telesystems, Inc. shall in no event be liable for consequential damages for commercial loss or otherwise. Customer can cancel with a 30-day notice and Gaynor will refund the remainder of the support cost based on a prorated amount for the remainder of the support term. 5. Billable Labor—Billable labor means all labor pertaining to hardware or networking issues.Billable Labor will be all labor that is not associated with the Paxton software. 6. Charge for Unnecessary Calls—In the event Customer calls for service and it is determined that there is no fault with the equipment covered under this agreement,Customer may be charged for the time involved. 7. Cancellation for Unauthorized Work—In the event Customer has work on the system done by non-manufacturer certified technicians or non-Gaynor Telesystems Inc. technicians, at Gaynor Telesystems Inc.'s sole option, this agreement may be declared void, the Customer will be notified of this election and no refunds shall be due to Customer and no obligation to work on the system further shall attach to Gaynor Telesystems Inc. 8. Prevailing wage addendum applies to this agreement. 9. Gaynor Telesystems,Inc will maintain insurance per city's STD insurance requirement for contractors. Customer must always have UPS protection to have system covered under this maintenance agreement. GAYNOR TELESYSTEMS,INC. City of Ukiah -------------- Accepted b (pTase sign 011 Accepted by(please sign) ------------- -�.� 1_ ------------------------------- -CITY MAN.� EK--------------------------------------- Title Title -----_11/1_/Z1............................................ --------Nov----- ---1, 2421------------------------------------------------ Date Date System Support Plan Gaynor Telesystems, Inc., will furnish labor and Software (Hardware is not covered) to keep the system in good working order per the attached Maintenance Agreement dated 6/12/21 for The City of Ukiah: Paxton System o In addition, Client will also receive: 0 3 Hour Remote response for EMERGENCY and Priority Situations 0 48 Hour Remote Response for Normal Service 0 72 Hour Response for Moves,Adds and Changes with appointment given. ( ontingent upon parts availability) o Reduced Labor rate for all MAC(billable) work Labor will be billed at reduced rate from standard billing rate and there will be no trip charge, if applicable. Waiver of$150.00 Emergency Call Fee. o Free Help Desk 0 5 Hours Complimentary Ena% User Training Annually (does not accumulate or roll over) Agreed City Manager M.J.Ga nor Client Title President Gaynor Telesfstems,Inc. ATTACHMENT A-PREVAILING WAGE ADDENDUM FOR PURCHASE ORDERS FOR PUBLIC WORK Date: 07/29/2021 Contract#2021-240 Vendor agrees to comply with the following requirements. 1. DIR Public Works Registration 1.1 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 1.2 No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 1.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.4 The Labor Commissioner through the Division of Labor Standards Enforcement(DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015,all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 1.5 The Prime Contractor is required to post job notices at the job site as prescribed by regulations (currently, 8 CCR §16451(d).) 1.6 Public Works Small Project Exemption: Small project exemption means that contractors who work exclusively on small projects are not required to register as public works contractors or file electronic certified payroll reports for those projects. However,prevailing wages must still be paid on projects with small project exemption. Contractors are still required to maintain certified payroll records on a continuous basis, and provide those records to the Labor Commissioner's Office upon request. Small project exemption is applied based on the amount of the entire project, not a contractors subcontracted amount of the project. Small project exemption applies for all public works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition or repair; and $15,000 for maintenance. 2. Use of Employees. 2.1. Contractor and any subcontractors shall pay all mechanics and laborers employed by them to work upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination,regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. Prevailing Wage Addendum—C#2021-240 1 2.2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the City, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775,the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 2.3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, City has ascertained the general prevailing rate of wages(which rate includes employer payments for health and welfare,vacation,pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification, or type of workers concerned. Copies of the General Prevailing Wage Determination are on file in the office of the City Engineer and are available to the Contractor on request. The Contractor shall post the wage determination at the site of work in a prominent place where the workers can easily see it. 2.4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Engineer. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 2.5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 2.6. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968)and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Prevailing Wage Addendum—C#2021-240 2 Copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a$50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring contractor to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and V2 for overtime) are available at the Department of Industrial Relations website at http://www.dir.ca.gov/ G?�w Signature: ��`� 'I` Signature: - kka �. Darcy Vau n(Nov 1, 021 13:39 PDT) Email: mhorger@cityofukiah.com Email: dvaughn@cityofukiah.onmicrosoft.com Signature: Email: smannion@cityofukiah.com Prevailing Wage Addendum—C#2021-240 3 Gaynor - Paxton Software Support 2021 -240 Final Audit Report 2021-11-01 Created: 2021-10-27 By: Kristine Lawler(kiawler@cityofukiah.com) Status: Signed Transaction ID: CBJCHBCAABAAXY70egBDKvyfO5nKdnBpCbdo9DgY69Zu "Gaynor - Paxton Software Support 2021-240" History Document created by Kristine Lawler(kiawler@cityofukiah.com) 2021-10-27-9:11:22 PM GMT-IP address: 12.12.163.2 C'. 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One of them to sign 2021-10-28-1:09:54 PM GMT Email viewed by Darcy Vaughn (dvaughn@cityofukiah.onmicrosoft.com) 2021-11-01 -8:37:01 PM GMT-IP address:73.223.12.193 CJ© Document e-signed by Darcy Vaughn (dvaughn@cityofukiah.onmicrosoft.com) Signature Date:2021-11-01 -8:39:35 PM GMT-Time Source:server-IP address:73.223.12.193 Document emaiied to Sheri Mannion (smannion@cityofukiah.com)for signature 2021-11-01-8:39:37 PM GMT Email viewed by Sheri Mannion (smannion@cityofukiah.com) 2021-11-01 -8:40:54 PM GMT-IP address:76.102.207.5 Document e-signed by Sheri Mannion (smannion@cityofukiah.com) Signature Date:2021-11-01-8:42:52 PM GMT-Time Source:server-IP address:76.102.207.5 -�. 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