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HomeMy Public PortalAboutORD15236 BILL NO. 2013-138 SPONSORED BY COUNCILMAN Prather ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AOS FOR THE OSAGE BEACH WIRELESS NETWORK PROJECT FOR THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM. WHEREAS, AOS has become the apparent lowest and best offer for a wireless network system in Osage Beach to implement data and information sharing. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The final offer of AOS is declared to be the lowest and best offer and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with AOS for a wireless network system in Osage Beach to implement data and information sharing. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. �J Passed: d /l Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City C16rk City Counselor FTA CLAUSES Federal Funds To be Used The City of Jefferson is a recipient of Federal Transit Administration funds; therefore, the following requirements shall be fully considered in preparing bids and performing work under any resulting award. No Obligation by the Federal Government. (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor,or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et M. and U.S. DOT regulations, 'Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. uu�.,na�uu�aQwmsm®nwwm .o�eQs-aa - 8 - (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to provide the Purchaser,the FTA Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees,pursuant to 49 C. F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l)through other than competitive bidding,the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. u�F�n OPM SY ®V mom.wee hwO - 9 - 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract,except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 1839(1)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes The contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA(10)dated October,2003)between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Civil Rights The following requirements apply to the underlying contract: (1)Nondiscrimination-In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. § 6102,section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race. Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive OrderNo. 11246,"Equal Employment Opportunity,"as amended by Executive OrderNo. 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note),and with any applicable Federal statutes,executive orders,regulations,and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, creed, national U'fi File��KW®G+R'm 51�Wvdm N6�eR-OeL ��W - 10 origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading,demotion or transfer,recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Incorporation of FTA Terms The Recipient and contractor certify that terms in FTA C 4220.1E which replaces FTA C4220.1 D will be incorporated into contracts and sub-contracts. o:t�nr�:nw®ma�sm®nw�ta.oa.maem-ea - 11 - FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Proposal 2708 — Osage Beach Wireless Network —MDT Year ') Grant Police Department, Opened January 7, 2014 PROPOSALS RECEIVED: Alexander Open Systems (AOS), Springfield, MO *$ 49,974.21 Thirteen vendors were sent the RFP. It was published in the News Tribune and on the City web site. *The original amount of$71,204.34 included items the receiving agency has deleted to remain within the specified grant budget for this project. FISCAL NOTE: The City of Jefferson has been appointed the administrator of the COPS Technology Program Grant for the Central Missouri Regional Justice Information System (CMRJIS) - Year 3. Grant Funds Available $141.164.94 Proposal 2708 49,974.21 Balance $ 91.190.73 PAST PERFORMANCE: This vendor was awarded projects under earlier grant expenditures and completed them as specified and bid. RECOMMENDATION: Staff recommends award of the proposal in the amount of$49,974.21 as submitted by Alexander Open Systems of Springfield, Missouri. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature ( 1F�V�I� !�Llil�11� 1IlllJ I. 1A CQKL� Purchasin Ag �^ Po ,ce Chief i rile JEFFERSON CITY POLICE DEPARTMENT j To: Terry Stephenson, Purchasing Agent i ( From: Roger Schroeder, Chief of Police Subject: RPP — "Osage Beach Wireless Network"- MDT Year 3 Grant Date: January 27 '. 2014 I Please be advised that the Jefferson City Police Department recommends award of the request for proposals for the Osage Beach Wireless Network to Alexander Open Systems ("AOS"), the only bidder. AOS has met all specifications while providing a total project cost within the specified grant budget. If additional information is required, please contact Lauren Maddox at 634- 6348. Thank you. i I I I 1 i 1 i I I City of Jefferson, Missouri Tabulation of Bids - Proposal Number 2708 Subject: Osage Beach Wireless Network Date: January 7, 2014 Alexander Open Systems Department: CRMJIS - Police Department Springfield MO PAGE ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price Centralized control appliance asspecified to includes stem configuration 2 ea $11,018.10 $22,036.20 Access points asspecified to include all mounting equipment necessa for secure outdoor mounting of each access point 7 ea $3,892.53 $27,247.71 Specific or hardware proprietary tools necessary for mounting 1 ea $284.43 $284.43 Firmware and software required to meet N/A Included in with proposed performance of the system appliance cost List item, quantity, unit price & extension Warranty and maintenance List information for hardware 24 mo $10,836.00 2 yr. Smartnet SW & HW Maintenance combined List information for software 24 mo included in above City of Jefferson, Missouri Tabulation of Bids Proposal Number 2708 Subject: Osage Beach Wireless Network Date: January 7, 2014 Alexander Open Systems Department: CRMJIS - Police Department Springfield MO PAGE 2 ITEM Unit Price Total Price Unit Price Total Price Unit Price Total Price Licensing List and describe all licensing required 2 yr included in the above two annual cost year maintenance agreement Total cost of the Proposed System for a Two Year Period $60,404.34 AOS Configuration Services- per scope of work attached $10,800.00 Grand Total $71,204.34 Note: See Quote SQ014978 for detailed listing Prices firm for 90 days Items proposed mfg, produced in U S yes Represent a disadvantaged business ent. no Represent a woman owned business ent. no 405 Expect the Best! Statement of Work Outdoor Wireless Mesh for City of Osage Beach • Prepared By Alexander Open Systems Account Management: Luke Simon Design Architect: Brian Shaw 1/24/2014 Integrity Responsive Customer Service e, Creative Teamwork Professional Competence & Commitment Profitability since 1992 Table of Contents Statementof Work Summary.........................................................................................................3 Scopeand Approach .......................................................................................................................3 WorkTasks.....................................................................................................................................................................3 Recommendations.........................................................................................................................................................4 DocumentationDeliverables.........................................................................................................................................4 Trainingand Knowledge Transfer.................................................................................................................................5 CustomerResponsibilities .............................................................................................................6 ConsultingFees ...............................................................................................................................7 PricingAssumptions.......................................................................................................................................................7 AdditionalFees...............................................................................................................................................................8 Contactsand Resources..................................................................................................................9 WorkLocation................................................................................................................................................................9 ProjectContacts.............................................................................................................................................................9 Acceptance of Proposal....................................................................................................................10 Appendix A: Other Terms and Conditions..................................................................................11 Appendix B: Change Management Form.....................................................................................12 Outdoor Wireless Mesh Project for City of Osage Beach Page 2 of 13 of r This Statement of Work covers professional services work AOS will perform for City of Osage Beach. Beginning on a mutually agreed upon date, AOS will provide one or more qualified technical consultants and/or Project Management personnel on a "Fixed Fee" basis to perform the following work: City of Osage Beach has engaged AOS to consult on implementation of an outdoor wireless mesh solution for a portion of the Highway 54 corridor. Implementation will include Cisco Wireless LAN Controller 5508 series licensed for 25 Mesh or Lightweight Access Points, and 6 Mesh Access Points based on the 1550 series. A05 will provide consulting for implementation of the Core WLC configuration and tuning, as well as priming up to 6 Mesh APs for placement by City of Osage Beach staff. Wireless design and pre-installation site-survey is recommended prior to this engagement. Consulting time for this engagement is limited to 40 hours and will be performed onsite at customer location in City of Osage Beach. Travel expenses, including lodging, mileage and meal per-diem is inclusive to the "Fixed Fee" Statement of Work. AOS will consider additional work not explicitly stated in this Statement of Work as 'but-of- scope" and will require a "change order". (See Appendix B - Change Management Form.) Scope r Approach Experienced AOS personnel, or authorized agents, will perform the following implementation tasks: Work Tasks Work Task Description To be completed by... WIREIESsdAN�CONTROLLEIR -:_ s Ensure sufficient rack and power is available Customer Provide Host-specific information (Hostname, IP Addressing, Customer Authentication,etc...) Mount one Cisco 5508 Series WLC appliance in customer-provided Customer and AOS rack at Data Center Configure VLAN and Etherchannel/LACP on Network switchports Customer Cable WLC appliances to network Customer Initial configuration of 5508 WLC appliance and network VLAN AOS integration Outdoor Wireless Mesh Project for City of Osage Beach Page 3 of 13 Register and install WLC license files AOS Configure 1 WLAN within WLC and test operation • Hwy 54 WLAN access • Configure for WPA2-PSK AOS No Additional Guest, Public or Private WLANs to be implemented at this time Configure 5MHz Backhaul to maximize data rate AOS MESH ACCESS POINTS Configure up to 6 Cisco 1500 Series Mesh Access Points AOS Test mesh and client communication prior to mounting AOS Consult with AOS on each Mesh AP placement prior to permanent mounting(Pre-Installation Survey Recommended—Not included in Customer this Engagement per Customer Request) Mount up to 6 Mesh Access Points in designated locations(refer to pre-installation survey) Customer Demonstrate to Customer how to measure LinkSNR readings and AOS estimate throughput based on RSSI and SNR for backhaul. Validate RF measurements using LinkSNR readings throughout the desired coverage areas Customer Test mesh and client communication following permanent mountin Customer .TRAINING AND POsTsu PPORT. ' - -s. • .� . rte; �; Update wireless network documentation (see below'Documentation AOS Deliverables') High-level overview of management of wireless components(see AOS and Customer ,below'Training and Knowledge Transfer') Recommendations ■ Pre-installation Site-Survey and RF Design Prime Infrastructure Software (Future) • Number of backhaul hops should be limited to three and not exceed four Documentation Deliverables • URLs to Administrative Interfaces of Products Provisioning Information for Products (Usernames, Passwords, IP Addressing, Serial Numbers, etc...) License Files • Project Documents (Scope of Work, Bill of Materials, Notes) Outdoor Wireless Mesh Project for City of Osage Beach Page 4 of 13 Training and Knowledge Transfer • Overview of management tasks for Wireless LAN Controllers o Create/Modify WLAN o Backup Configuration O View Associations and Events • Overview of management tasks for Mesh Access Points o Physical connections O Pre-configuration for WLC connectivity o Procedure to replace/reprovision NOTE: AOS always provides a minimum Functional Overview of all related hardware, software and documentation used in any project.The Funtional Overview will be limited to and consist of reviewing the components of the actual implementation via the graphical user interface.AOS does not consider such an overview a substitute for formal product education. Please talk to the account manager about AOS's professional training services and additional documentation deliverables. Outdoor Wireless Mesh Project for City of Osage Beach Page 5 of 13 Customer. Rbsponsibilitles In addition to any work tasks assigned to the client above in this Statement of Work, the Client agrees to the following preparations for this project: • Ensure that proper power is available, any necessary rack space has been allocated and proper environmental requirements are met for any new equipment installations prior to the consultant arriving on site. Failure to provide proper environmental conditions could void server/appliance factory warranties or may result in a Change Management request and appropriate cost adjustments. • Unless otherwise specified in this Statement of Work, the Customer is responsible for any equipment racking requirements including proper device interconnection and/or power cabling. Delays in work completion due to incorrect or incomplete rack mounting may result in a Change Management request and appropriate cost adjustments. • Customer must designate a minimum of two (2) staff members to serve as primary and secondary contacts for the duration of this project. Please see "Contacts and Resources" section within this Statement of Work. • Customer is responsible for allowing AOS to access facilities during normal business hours from 8 AM — 5 PM, Monday — Friday. Any scheduling outside of normal business hours must be coordinated through project's designated contact(s) with one week advanced notice (based upon availability) to allow for resource schedule coordination and procurement. • Have any required existing server/host hardware and supported Operating Systems in good health with required service packs and/or patches applied prior to the consultant arriving on site. Systems requiring additional updates not specified in this Statement of Work will be out-of-scope and require a change form be completed. • Provide an adequate workspace for AOS on site personnel with network connections to the Internet and customer's network as required including parking, phone, necessary network connection information, IP addressing, proxy account information, etc. while satisfying customer Security Policy requirements. • Provide remote access connectivity as required to assist in the completion of this statement of work. (Assumes compliance with existing customer security policy.) • Have customer personnel available during implementation window to provide any required assistance and/or facilitate necessary communications to accomplish the required work. • Hotel and meal expenses, as well as travel time from the AOS office in Springfield, MO, will be billed outside of Professional Services Consulting Fees. Outdoor Wireless Mesh Project for City of Osage Beach Page 6 of 13 The following table lists costs for a 'Fixed Fee' engagement. Shipping and taxes are not included. All prices are in U.S. dollars. See Pricing Assumptions below for additional information. Professional Services Units Project Rate 1 Professional Services 1 $8,400 Pricing Assumptions • AOS bills travel time to a work site in fifteen minute increments at identified consultant hourly rates unless it is included in fixed fee engagements. See Master Service Agreement for additional details. • Except for the cutover(s) and other after hours timeframes specified in this SOW, AOS will perform work during normally scheduled working hours (8:00 A.M. to 5:00 P.M. local time Monday through Friday), excluding AOS and customer observed holidays. AOS will charge any work performed outside of these normal business hours at the rates shown below: - Overtime & Weekends billed at Normal Business Hours (NBH) + 50% - Holidays billed at Normal Business Hours (NBH) + 100%w/ (2) hour minimum - Emergency support billed at Normal Business Hours (NBH) + 50%w/ (2) hour minimum • AOS will assess a cancellation fee of$195 for scheduled work customer cancellations with less than 24 hour advanced notification. Notification of cancellations can be made to any of the contacts listed in the Contacts and Resources section. • AOS sales and services are subject to any applicable AOS Master Services Agreement. • City of Osage Beach hereby assumes all costs associated with said requested services. Associated costs include, but are not limited to, those that are set by AOS under this Statement of Work. AOS agrees to obtain approval by City of Osage Beach prior to incurring any costs in addition to those already itemized on this Statement of Work and the purchase order provided to AOS prior to the services being done. • Typically, AOS will use local resources that will not require any travel expenses, assuming the work site is within an AOS office's local work area. In the event AOS needs a non-local resource, AOS will obtain prior written approval before incurring any travel charges. City of Osage Beach will reimburse AOS for reasonable expenses incurred in connection with our performance of the Services, if any are required, including travel expenses, lodging, meals, parking fees, copying charges, delivery charges, postage, telephone charges and other related expenses. Outdoor Wireless Mesh Project for City of Osage Beach Page 7 of 13 • Payment of the net amount of an invoice is due 30 days from the date of AOS invoice, unless otherwise specified in this Statement of Work. All Pricing is subject to Other Terms and Conditions attached hereto and incorporated by this reference herein. Refer to Master Services Agreement for further information. Additional Fees • All applicable state and local taxes, shipping charges (FOB customer dock), travel and associated expenses will be added to invoice. Outdoor Wireless Mesh Project for City of Osage Beach Page 8 of 13 Cor r r Work Location AOS will perform work at the following location(s): Address _ Site Contact Notes 1000 City Parkway Osage Beach,MO 65065 James Davis Project Contacts Name Position/Company Project Role James Davis ipdavis@osagebeach.org Ph:573-302-2000 City of Osage Beach Project Primary Contact Cell: Luke Simon Luke.SAccount Manager Ph:41im 88-267 5.com Alexander Open Systems Primary AOS Sales Contact Ph:417-888-2675 Brian Shaw Brian.Shaw@aos5.com Design Architect Primary AOS Project Consultant Ph:417-888-2675 Alexander Open Systems Scott AlexanderScoDesign Architect Secondary AOS Project Ph:41 -888- er@aos5.com Alexander Open Systems Consultant Ph:417-888-2675 Angela Grant Angela.Grant@aos5.com Alexander Open Systems Primary AOS Project Contact Ph:417-888-2675 Outdoor Wireless Mesh Project for City of Osage Beach Page 9 of 13 Acceptance of . . . Due to the competitive confidentiality of information provided the accompanying materials, AOS and City of Osage Beach shall keep all such information in the strictest confidence and shall not be divulged to persons other than City of Osage Beach employees unless authorized by AOS. AOS bases the recommendations for equipment, programs and services on information customer has furnished to AOS and on observations by AOS. While AOS believes the price and materials list to be sound, the degrees of success with which equipment, applications and services are applied is dependent on many factors, some of which are beyond the reasonable control of AOS. The signature below affirms and acknowledges that you have read the above contents in its entirety and agree to the terms and conditions of this proposal as outlined. Accepted for City of Osage Beach by: Name (Print): Title: Signature: Date: Accepted for Alexander Open Systems by: Name (Print): Title: Signature: Date: Outdoor Wireless Mesh Project for City of Osage Beach Page 10 of 13 Appendix Othei-T6rms and Conditions • AOS is not responsible for configuration, compatibility or products requested per customer- provided specifications. AOS has professional design consulting services available to quote upon request. • AOS will coordinate the ordering, delivery, warranties and maintenance agreements of all equipment and software components listed that are purchased through AOS. • Customer is responsible for returning all trade-in merchandise to the designated parties or issue a certificate of destruction if that is required. AOS will charge for equipment not returned. • AOS will subject additional delays or communication coordination with 3rd party providers, (Telco's, local ISP's, remote vendors, etc.) not reflected in this Statement of Work to a Change Management Form request. • Customer must pay block contracts in full prior to receiving the discounted rate on work. AOS subjects Fixed Fee and Hourly services to progress billing at the end of each AOS monthly billing cycle. • Customer agrees not to solicit, pursue employment nor hire any AOS personnel. Each party agrees not to hire or solicit for employment (or as an individual independent contractor) any employee of the other party until twelve (12) months after the date such person terminates employment with the other party. AOS further agrees not to hire or solicit for employment (or as an individual independent contractor) any other individual while he or she is performing services for Customer pursuant to a contract. If this paragraph is breached by the hiring of an employee of AOS, damages for such breach are agreed to be equal to the demonstrated cost of training a replacement for such individual. This paragraph does not apply to the hiring or solicitation of any individual who did not become known to the hiring or soliciting party as a result of the relationship between Customer and AOS created by this Agreement. • AOS will only process orders signed by an agent of the company. AOS will require a purchase order if required by Customer's organization. • This Statement of Work does not imply or guarantee a specific date or time frame for services to begin. All project timelines will be mutually agreed to by and between Customer and AOS. Outdoor Wireless Mesh Project for City of Osage Beach Page 11 of 13 Appendix iForm AOS bases the recommended equipment, programs and services contained in this Statement of Work upon City of Osage Beach requirements as understood by AOS. While AOS believes our design and pricing to be accurate based upon our discovery process and the information provided, if AOS discovers additional information or details not previously provided by City of Osage Beach, AOS may require a change order for additional equipment, applications and services. It may become necessary to amend this Statement of Work for reasons including, but not limited to, the following: 1. City of Osage Beach requests changes to scope of work and/or specifications for the Services, 2. Non-availability of resources which are beyond either party's control; and/or, 3. Environmental or architectural impediments not previously identified. In the event either party desires to change this Statement of Work, the following procedures will apply: The party requesting the change will notify the other party in writing. The change request needs to describe the reason for the change and the effect the change will have on the scope of work and pricing, which may include changes to the deliverables and the schedule. Upon mutual agreement to implement the Change Request, the appropriate authorized representatives of the parties will sign the Change Request form, indicating the acceptance of the changes by the parties. The Change Management form must describe the change(s), the rationale for the change and the effect the change will have on the project. (E.g. time estimate and estimated cost). Whenever there is a conflict between the terms and conditions set forth in a fully executed Change Order and those set forth in the original SOW, the terms and conditions of the most recent fully executed Change Order shall prevail. Outdoor Wireless Mesh Project The purpose of this form is to document change requests.Once completed,AOS submits the form to the client for approval.AOS will not authorize any change to the project until the client signifies agreement to the changes by signing this form. ^4 Section 1 Change Request Client Name: Change p: Outdoor Wireless Mesh Project for City of Osage Beach Page 12 of 13 Job p: Contract H/PO p:(If applicable) Change Request Name: Detailed Description of Requested Change(include reasons/benefits): ` Section 2.-Change Estimations Action Required to Implement the Proposed Change(skill-set,material,tasks): Estimated Impact to Existing Statement of Work(to schedule, budget,resources,specifications): Change in price: Hours Labor/Material Description Price Total Specific Schedule Adjustments(Explain): Section 3-Approval - Accepted for City of Osage Beach by: Name (Print): Title: Signature: Date: Accepted for Alexander Open Systems by: Name (Print): Title: Signature: Date: Outdoor Wireless Mesh Project for City of Osage Beach Page 13 of 13 City of Jefferson, Missouri Tabulation of Bids Proposal[2697 Subject: Fuel Management System Date: January 16, 2014 Neumayer Equipment Co Mid-State Petroleum Double Check Department: ITS Jefferson City MO Hallsville MO Kansas City MO PAGE 1 ITEM Unit Price Total Price Unit Price Total Price Unit Price Fuel System Software asspecified $1,651.00 included below-software in quote- mains stem Onsite Training Install & setup Central Maintenance Facility $15,604.00 $19,696.93 820 E. Miller Parks Maintenance Center $13,073.00 $14,260.29 935 Ellis Blvd. $1,650.00 requirement of bid-not an option Total bid $14,723.00 "alternate bid $12,704.00 Golf Center Golf Center Hyde Park Facility, 2320 Hyde Park $10,908.00 $14,364.54 Wastewater Facility, 401 Mokane $14,050.00 $16,992.24 Support Plan & Preventative Maintenance asspecified Year One Included no prices listed per site Year Two $521.00 per site Year Three $548.00 per site Year Four $577.00 per site Year Five $607.00 per site Year Six $640.00 per site Year Seven $673.00 per site Year Eight $708.00 per site Year Nine $746.00 per site Year Ten $785.00 1per site City of Jefferson, Missouri Tabulation of Bids Proposall 2697 Subject: Fuel Management System Date: January 16, 2014 Neumayer Equipment Co Mid-State Petroleum Double Check Department: ITS Jefferson City MO Hallsville MO Kansas City MO PAGE ITEM Unit Price Total Price Unit Price Total Price Unit Price Comments: "Prices quoted are for software maintenance of software installed at primary facility only. Customer will renew agreement directly with manufacturer on annual basis if elected. Equipment Parts and Labor parts needed undetermined Central Maint. Option One Total E ui meni Petro Link Wireless E ui Mat. & Lab. $157,970.33 Parks & Rec. Maintenance Option One-Petro Link Mat. & Lab. $6,632.01 Option 2: New Fuel Dis . Mat. & Lab $15,565.50 Hyde Park Option One-Petro Link $6,632.01 Waste Water Option One-Petro Link $6,144.66 Golf Ctr. Opt. 1 PetroLink $6,627.55 i � �sz36 CITY OF JEFFERSON FOR WIRELESS MESH NETWORK SYSTEM THIS AGREEMENT made and entered this 281h day of March, 2014, by and between the City of Jefferson,a Municipal Corporation,hereinafter referred to as"City,"and Alexander Open Systems. hereinafter referred to as "Contractor." WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for installing the following improvements: Purchase and installation of a wireless mesh network system for the City of Osage Beach, Missouri, as set out in Request for Proposal No. 2708. WHEREAS,Contractor is willing to enter into this Agreement with respect to the services upon the terms and conditions herein set forth. NOW, THEREFORE, be it agreed as follows: I. Scope of Services. Contractor agrees to provide supervision, labor, tools, equipment, materials and supplies required for the purchase and installation of a wireless mesh network system for the City of Osage Beach, Missouri, as set out in the Request for Proposal No. 2708. 2. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor,tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty(60) calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Chief of Police of Jefferson City within ten(10)days after the date of this contract. 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No.20, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Fiscal Affairs Supervisor of the Jefferson City Finance Department each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars (5100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract,by the Contractor or any subcontractor under the Contractor. 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than 52,000,000 for all claims arising out of a single occurrence and S300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than 52.000.000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than 52,000,000 for all claims arising out of a single accident or occurrence and 5300,000 for any one person in a single accident or occurrence. D. Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than S2.000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. U'Cmvv Rldm.v CSNlrasikx(,�+an Swam.\N Wav\aasml pyv BaL.upl F. Scope of Insurance and Special Hazard The insurance required under Sub- paragraphs(b)and(c)hereof shall provide adequate protection for Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 5. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work,to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The City may deduct One Hundred Dollars(S 100.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work,or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof,or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors,or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under UKmtr1FilcYwa C.Wla Cvn 1l Nd rtl.O. c .v l - J the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. S. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion,by contract or otherwise,and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case, the City may take possession of, and utilize in completing the work such materials,appliances and structures as maybe on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 9. Indemnim To the fullest extent permitted by law. the Contractor will indemnify and hold harmless the City, its elected and appointed officials,employees, and agents from and against any and all claims, damages, losses, and expenses including attomeys' fees arising out of or resulting from the performance of the work,provided that any such claim,damage,loss or expense(1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itselt) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor. anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. �:r�u.,ray.• •,uia.b„a.,•sw.m.,u ,...,,.,.�-O�c�.,J - 4 - 12. Confidentiality. The Contractor agrees that all information obtained or gained by the contractor as a result of the contractors performance under this contract shall be confidential and that no reports, documentation or material prepared as required by the contract shall be released to the public without the prior written consent of the City. 13. Coordination & Security. The contractor shall fully coordinate all contract activities with those activities of the City and its agencies. Due to security requirements, the contractor shall furnish identifying information for all individuals performing work under this agreement and/or entering the buildings. Affected individuals include any personnel and/or subcontractors who have access to the agency building during the course of performing the work and or services. Background checks will be required and approval of on-site employees must be completed prior to work. Contractor's employees shall present proper identification(which shall include a picture), prior to work. 14. Pavment. The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Chief of Police of Jefferson City, and in accordance with the rates and/or amounts stated in the quote of Contractor dated January 24, 2014,which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Forty-Nine Thousand Nine Hundred Seventy-Four Dollars and Twenty-One Cents (549,974.21). 15. Performance and Payment Bond. A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 16. Contract Documents. The contract documents shall consist of the following: a. This Contract f General Provisions b. Addenda g. Special Provisions C. Information for Proposals h. Technical Specifications d. Notice to Bidders i. Drawing and/or Sketches e. Signed Copy of Bid j. FTA Clauses This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. UXCm Fi"� 1'.Nl� Opn S%�umlx MN Nam k-O�v a ,,j I 17. Preference for U.S. Manufactured Goods. On purchases in excess of 55,000, the City requests the contractor to use American products in the performance of the contract. 18. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 19. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 20. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, 320 East McCarty, Jefferson City, Missouri. 65101, and Contractor at 636 West Republic Road, Unit F100, Springfield, Missouri,65810. The date of delivery of any notice shall be the second full day after the day of its mailing. 21. Assignment of Contract. The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting,even though consented to,shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. 22. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON ALEXANDER OPEN SYSTEMS Mayor Tit e: ATTEST: ATTEST: C y Clerk Title: APPROVED AS TO FORM: City Counselor FTA CLAUSES Federal Funds To be Used The City of Jefferson is a recipient of Federal Transit Administration funds-, therefore, the following requirements shall be fully considered in preparing bids and performing work under any resulting award. No Obligation by the Federal Government. (1)The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement. submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. §5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. U' my Fllu 1*,Wav Q Swam%N ml�lmmk-Qyv& ,,N H (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Access to Records The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(1), the Contractor agrees to provide the Purchaser. the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)I, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307. 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(a)I,which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at S 100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non- profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. UX.FiWu` ltHlp Ov S$ %'iM—N.—k-pap�BaT. - J I 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(l)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes The contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA(10)dated October,2003)between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Civil Rights The following requirements apply to the underlying contract: (1) Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d,section 303 of the Age Discrimination Act of 1975, as amended.42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: I (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations. "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sem., (which implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note),and with any applicable Federal statutes,executive orders,regulations,and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, creed, national f}.`Cmva"tJu'm.a\'+Ula+mYr QyT SWmn\Nvtl�+.\U�v\-0�,-T4 - 10 origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation-, and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to retrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. Incorporation of FrA Terms The Recipient and contractor certify that terms in FTA C 4220.1 E which replaces FTA C4220.1 D will be incorporated into contracts and sub-contracts. U.'fmusi FJcmv��Ml¢m4 pryn 5wmn'M'idi�.�'mvl-Pq.BaL.vry It - i AFFIDAVIT State of Missouri ) County of Cole ) The undersigned affiant. , being first duly swom, hereby deposes and says: 1. I am over the age of eighteen, suffer no legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify. 2. 1 am authorized to make this affidavit on behalf of 3. I hereby affirm that the company identified in section 2 of this affidavit is enrolled and participates in a federal work authorization program with respect to the employees working in connection with the contracted services. The name of said Federal Work Authorization program is 4. I hereby affirm that the company identified in section 2 of this affidavit does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. This the day of . 2009. Title Sworn and subscribed before me this the day of , 2009. Notary Public My Commission expires: 12 - 04 +Szs�0 CITY OF JEFFERSON CONTRACT FOR 9-1-1 CENTER TELEPHONE UPGRADE THIS CONTRACT, made and entered into this �) day of July, 2015, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and Alexander Open Systems, hereinafter referred to as "Contractor." WITNESSETH: THAT WHEREAS, Contractor agrees to provide equipment and perform services related to Request for Proposal #2779. NOW THEREFORE, the parties to this Contract agree to the following: Scope of Services. Contractor agrees to provide equipment and installation and perform the equipment maintenance services to replace the ANUALI controller located at the Jefferson City Police Department at 401 Monroe Street, Jefferson City, Missouri, with a Stand -Alone ANUALI Controller at the City of Jefferson Public Safety Answering Point (PSAP) location, 401 Monroe Street, Jefferson City, Missouri, and a Stand -Alone ANUALI Controller at the back up location at the Jefferson City Fire Station #3 at 302 Rock Hill Road, Jefferson City, Missouri, interfacing with the current administrative phone system as the City of Jefferson, Missouri. more particularly described in Request for Proposal #2779. The equipment purchased by the City of Jefferson pursuant to this agreement shall be delivered to its proper location and installed by the contractor at the convenience and direction of the City of Jefferson PSAP staff. The City shall not be deemed to have accepted any component or piece of equipment until such time as said equipment has been installed and operating error free for thirty (30) consecutive days in accordance with the specifications. The City shall notify Contractor of completion of installment. Upon completion the work and equipment shall be warrantied for twelve (12) months thereafter. The warranty shall fully cover workmanship, materials, and labor on repairs. Should the City fail to notify contractor in writing of the date of acceptance, the warranty shall be from August 1, 2015 — July 31, 2016 2. Contract Period. Maintenance of all equipment shall be covered under a one(1) year warranty maintenance program starting upon the final acceptance of the entire system. The annual renewable maintenance shall be in effect from July _, 2016 through July _, 2017. With the consent of both parties, the Contract may be extended for five (5) additional one (1) year periods. 9-1-1 Service. 9-1-1 Service is provided subject to the following: A. 9-1-1 Service is provided solely for the benefit of City. The provision of such service shall not be interpreted, construed, or regarded as being for the benefit of, or creating any Contractor obligation toward or any right of action on behalf of, any third person or other legal entity. B. Contractor does not undertake to answer and forward 9-1-1 calls, but furnishes the use of its facilities to enable City to respond to such calls with City's personnel on City's premises. C. The rates charged for 9-1-1 Service do not contemplate the inspection or constant monitoring of facilities by Contractor to discover errors, defects and malfunctions in the service, nor does Contractor undertake such responsibility. City shall make such operational tests of its own equipment as are required, in the judgment of City, to determine whether its equipment is U -\('.,n. r;u•I I•il-\nl'I•:N (•(INTRACT PILES\A1e andrr Up.•n Sy.(rm,.. III I ('rnier Upernde\AgrcumrnLn pd functioning properly for its use. City shall promptly notify Contractor if it discovers or has reason to believe, after making operational tests on its own equipment, that the facilities of service being provided by Contractor are not functioning properly. Contractor's liability for any loss or damage arising from errors, interruptions, defects, failures, or malfunctions of the 9-1-1 Service, or any part thereof, including any and all equipment and data processing systems associated with the service or any part thereof, shall not exceed an amount equal to the pro rata charges for the service affected during the period of time the 911 Service was fully or partially inoperative. 4. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within sixty(60) calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Chief of Police within ten (10) days after the date Contract is dully executed. 5. Authorization. By executing this Contract, the representative signing on behalf of City specifically represents and affirms that he has been duly authorized by the appropriate governing body of City to execute this Contract and to commit City for the payment of the monies required, and that such authorization has been granted in accordance with all applicable laws, including any Missouri contracting law provisions applicable to counties. Further, City's representative agrees to furnish to Contractor, upon request, copies of all documents evidencing the granting of such authority. 6. Non -Disclosure Agreement. Upon execution of this Contract, City and Contractor agree to execute a 9-1-1 Non -Disclosure Agreement to be mutually agreed upon. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate ofwages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 21 in which the rate of wages is set forth. Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this Contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this Contract. A copy of the record shall be delivered to the Chief of Police each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this Contract, by the Contractor or any subcontractor under the Contractor. 8. Insurance. Contractor shall procure and maintain at its own expense during the life of this Contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this Contract. U:\I'nni rnrt Pile\014N CONTRACT I•'I LI•a\,\IcsanJnr Upon System. - :I I l ('color Tclephonr UperminC:\�mim•nLe�pd B. Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. D. Owner's Protective Liabilitv Insurance. Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. E. Subcontracts. In case any or all of this work is sublet, Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. F. Scope of Insurance and Special Hazard. The insurance required under Sub -paragraphs (b) and (c) hereof shall provide adequate protection for Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this Contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 9. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein_ set forth, th insofar as applicable to the work of subcontractors and to give Contractor e same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this Contract. Nothing contained in this Contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 10. Termination. The City reserves the right to terminate this Contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the Contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the Contract and Contractor fails to cure the condition that is the basis for the threatened termination within 20 business days following receipt of written notice detailing the nature of the failure from the City. U:\l'untrnr1 File.,M )PEN CONTRACT PI LES\,\Ievmder Upon I;Y.wm+- 911 Cm1,!, T, -I phone UperndeG\2eeinenlsrpd 11. City's Right to Proceed. In the event this Contract is terminated pursuant to paragraph 12, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this Contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site that City has paid for and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the Contract, city ordinances, and state and federal laws. 12. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this Contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this Contract. 13. Sales Tax Exemption. Effective August 28, 1994, Section 144.062, RSMo allows contractors and subcontractors to purchase materials for tax exempt projects with project -specific exemption certificates approved by the Department of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained from the Department of Revenue. 14. Payment. The City hereby agrees to pay Contractor the work done pursuant to this Contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Chief of Police and in accordance with the rates and/or amounts stated in the bid of Contractor dated March 16, 2015, which are by reference made a part hereof No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this Contract shall not exceed Two Hundred Ninety -Seven Thousand Four Hundred Eight -Eight Dollars ($297,488.00). Beginning with Year two (2) through year six (6), the annual renewable maintenance fee shall be Twenty -Three Thousand One Hundred Ninety - Eight Dollars and Ninety -Three Cents ($23,198.93) 15. Rates. The equipment and 911 Service will be provided at the rates stated in Contractor's proposal. 16. Contract Documents. The Contract documents shall consist of the following: a. This Contract f. Terms and Conditions of Sale b. Addenda g. Special Provisions (if any) C. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid This Contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the Contract as if attached hereto or repeated herein. U:\('anlra•I I•'ilr+\UI'I•:N l'(IN'I'li:\("I'FI I.ES\A1I ander Upvn Scwrmr.911 lime, Tdvph,. cUpgr 1,m7:A,--, em.,rpd 17. Nondiscrimination. Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provisi on in all subcontracts let or awarded hereunder. 19. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. , 20. Notices. All notices required to be in writing may be given by first class mail addressed to the Chief of Police, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at Alexander Open Systems, 12980 Foster Street, Suite 300, Overland Park, Kansas, 66213. The date of delivery of any notice shall be the second full day after the day of its mailing. - 21. Jurisdiction. This Contract and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY OF JEFFERSON, MISSOURI vv-C.Q. ` — (� Mayor ATT T: City Clerk APPROVED AS TO FORM: y Counselor U-Woninmt Nil-\OVEN('(1N'I'It.\("I'IILliti\:Uncnndnr Upon SY-me-!111 ('enda'Pelephunn UDerndeC\ eninem-pd R OPEN SYSTEMS President ATTEST: Titl . �l