HomeMy Public PortalAbout101-2016 - Airport- Weather data reports hardware-Remote Sytems IntegegrationAGREEMENT
THIS AGREEMENT made and entered into this Z Y day of /y� 2016, and
referred to as Contract No. 101-2016, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Aviation Commissioners (hereinafter
referred to as the "City") and Remote Systems Integration, P.O. Box 1260, Millington, TN
38083 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish and install rental interface hardware (hereinafter
"Rental Equipment") in connection with the AWOS weather data reports for the Richmond
Municipal Airport for internet weather reporting (hereinafter "the Project").
A Request for Quotes dated August 17, 2016, has been made available for inspection, is on file
in the offices of the Richmond Municipal Airport and is hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A", which
response is dated August 17, 2016, consisting of five (5) pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor shall provide all services and
equipment listed on Exhibit "A."
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described Equipment. Nothing contained herein shall prevent Contractor from providing any
additional or supplemental warranty in addition to that provided by the Manufacturer. Further,
Contractor shall provide City with copies of its warranty upon receiving a written or verbal
request to receive such warranty.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor material, equipment, and services necessary for and
incidental to the proper completion of this Purchase Agreement.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 101-2016
Page 1 of 6
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the completion of this Agreement.
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Seven Hundred Twenty Dollars and Zero
Cents ($720.00) for satisfactory performance of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until August 31, 2017. This Agreement may be renewed yearly upon the terms and conditions
set forth within Contractor's Exhibit A, provided that the city reserves the right to terminate this
Agreement as set forth below.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
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SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
Page 3 of 6
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
Page 4 of 6
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
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Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Aviation Commissioners
By:
Dave Stevens, President
Date: O C7 / 3, ,Z,o / 4
Appro,
Date: [ Z- 6 — I �
"CONTRACTOR"
REMOTE SYSTEMS INTEGRATION
P.O. Box 1260
Millington, TN 38083
By: ��o�A s Nierr�x5
Printed:
Title:
Date: ///Zk`�I
Page 6 of 6
RS1
Weather Data Delivery
Remote Systems Integration PO Box 1260 Millington, TN 38083 (800) 261-1774
RSINet Service Agreement
This agreement is entered into by the "Customer" and RSINet subject to the terms and
conditions hereinafter set forth and agreed upon by both parties as follows:
DESCRIPTION OF SERVICE: RSINet is an FAA approved electronic data
delivery network designed to provide non -federally owned Automated Weather
Observations System (AWOS) reports to the FAA's National Airspace Data
Interchange Network (NADIN) for forwarding to air traffic control facilities and the
National Weather Service for further dissemination to local weather offices, flight
planning offices, weather data services and the general public. These reports
will be forwarded at 20 minute intervals 24 hours a day as specified by the FAA.
TERM OF AGREEMENT: This agreement shall become effective on the `start
date', and shall remain in effect for the period specified. The agreement will
automatically renew for a one year term on each subsequent anniversary date
unless 60 days notification is given by either party that the contract will not be
renewed or needs to be updated.
INSTALLATION AND STARTUP: Once the startup fee (if any) has been
received, the RSINet hardware will be shipped to the customer. In most cases,
the hardware can be easily installed by the customer or the AWOS maintenance
technician. In certain cases, there may be additional hardware such as outside
antennas necessary for reliable service. Determination of any additional
requirements will be determined solely by RSINet based on site reliability
analysis. For new sites, start of service will be dependent upon the FAA and
National Weather Service database update schedules, which may result in an up
to 60 day delay.
• CHARGES: Charges for RSINet service will be billed each quarter for the
previous 3 months of service. All invoices are Net 30 days. Customer is
responsible for any federal, state, or local taxes. Service may be suspended for
non-payment without notice. Other payments terms are available.
• CUSTOMER RESPONSIBILITY: It is the responsibility of the AWOS owner to
ensure that the AWOS unit is equipped to provide properly formatted METAR
weather reports at 5 minute intervals to the RSINet network interface. AWOS
units manufactured by All -Weather, Inc. currently have built in NADIN ports.
However, on AWOS units built by Vaisala, Inc. the NADIN output interface is an
OPTION, and the customer must insure that the option is installed and operating
prior to connecting the RSINet equipment. Purchase and installation of the
Vaisala NADIN option is the responsibility of the customer.
WARRANTY: The RSINet Network hardware is warranted for the lifetime of the
RSINet contract. If it fails, RSINet will replace it at no charge. This warranty
excludes lightning, abuse, unauthorized modification or adjustment, removal of
the SIM card or any other component of the Interface or use with any antenna or
power supply other than those provided with the unit or subsequently by RSINet,
or connection of the device to any other device than the AWOS for which it was
originally delivered. Failed components must be returned to RSINet in a timely
manner to avoid charges for the equipment.
NETWORK RELIABILITY — LIMTIATIONS: The RSINet network relies upon a
number of separate third party systems not directly under the control of RSINet.
These can include any number of Internet Service Providers (ISP's), wireless
data carriers, the Federal Aviation Administration, and others. Because of the
technical nature of the internet, RSI cannot control the various carriers and
systems that handle data from the AWOS site to the datacenter. Therefore,
RSINet makes no warranty as to the reliability of the service, except that outages
will be responded to immediately and restoral efforts will be made on a priority
basis and good faith effort at all times.
HARDWARE: The RSINet Network interface device and all associated hardware
remains the property of RSINet and must be returned at the conclusion of this
service agreement.
• This agreement is covered under the laws of the State of Tennessee unless
otherwise stated.
EXHIBIT PAGE 1OF S
Pricing: (per site)
Startup: Hardware, installation and setup
Service: Monthly service, billed quarterly
Contract term:
Requested start date:
Required Sitecific informfiion
Billing E-mail Address:
Airport e-mail (if different)
Shipping Address (include phone):
ATTN:
Billing Address:
ATTN:
Airport Site ID(s):
AWOS manufacturer:
RSINet:
G
Name: Thomas Nichols
Title: Owner
Date:
RSINet contract Rev.1.5 7/16
Term: 1 years
$ N/C
$ 60.00
GP
PAGE �
RS1
Weather Data Delivery
Remote Systems Integration POB 1260 Millington, TN 38083 (800) 261-1774 info a( remotesys.com
What is RSINet?
• RSINet sends your AWOS METAR reports to the FAA and National Weather Service 3
times per hour, delivering your AWOS data to FAA ATC and Flight Service facilities
nationwide and more. RSINet is an FAA approved service of Remote Systems
Integration, providing AWOS installation and maintenance for nearly 20 years.
• Your airport's weather data will appear on DUATS and commercial weather data
providers. iPad and Smartphone apps and cockpit weather systems will now have
your airport weather. This screenshot from the ForeFlight @Wad app below shows
green VFR designators and reports at airports with an AWOS on the network. If your
airport is not on the network, your weather is unavailable to these systems even if
you have an AWOS.
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rEXRIIBIT PAGE L
RSINet Technology and customer service: Making it simale.
• RSINet requires only a small network interface on -site. We will install your system or
it can easily be installed by you or your AWOS technician. No big satellite dishes, no
additional phone lines or computers. All RSINet needs is power. RSINet does NOT
connect to your internet service or phone lines. RSINet is compatible with all AWOS
systems currently in service, and technical assistance for you and / or your AWOS
tech is free.
• If the RSINet network equipment fails for any reason, we'll replace it at no cost
throughout the life of the service. No catches. True 24 hour telephone support is
available. We also archive 5-minute reports from your AWOS. As an RSINet
subscriber, that data is free to you for the asking.
• RSINet is state of the art technology, with full remote diagnostic capabilities.
The RSINet interface is small, reliable,
and requires no maintenance.
If the RSINet Interface ever falls, we will
replace it free for the life of the contract.
RSINet comes with true 241365 Live
customer and tech support
There are two plans: If you wish a month -to month service, there is a startup
and hardware fee of $600.
If you sign a one-year or longer agreement, the startup fee is waived.
RSINet data service is $60 per month for both plans.
Both plans include the lifetime hardware warranty on the RSINet Network
Interface and full technical support.
,'EXHIPCT PAGE 5- C �