HomeMy Public PortalAboutORD16127BILL NO. 2021-001
SPONSORED BY Councilmember Schreiber
ORDINANCE NO. I U I Ll
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TURN -KEY
MOBILE OF JEFFERSON CITY, MISSOURI FOR THE UPFITTING OF POLICE
VEHICLES.
WHEREAS, Turn -Key Mobile of Jefferson City, Missouri has been selected as the firm
best qualified to provide professional services related to the upfitting of
police vehicles per bid 3156.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Turn -Key Mobile is hereby approved as the best qualified firm to
provide professional services and its proposal is hereby accepted. Total costs are
expected to not exceed $75,000.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Turn -Key Mobile for the upfitting of police vehicles.
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.
Passed: 12rl 1q, w;U
Presiding Officer
ATTEST:
w
4
Approved: 7.0
ell
Mayor Carrie Tergin
APPROVED AS TO FORM:
City Attorn
i2VA:111,11
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and Turn -Key Mobile, Inc., hereinafter referred to as "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render certain services for upfitting
equipment on new and used vehicles for the City of Jefferson's Police Department, hereinafter described
in Exhibit A.
WHEREAS, Contractor has made certain representations and statements to the City with respect
to the provision of such services and the City has accepted said proposal to enter into a contract with the
Contractor for the performance of services by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City
and the Contractor as follows:
1. Scone of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for upfitting
equipment on new and used vehicles for the City of Jefferson's Police Department, as set forth in Exhibit
A. The Contractor further agrees to complete any work pursuant to this contract at any of their location(s).
In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement
shall govern and prevail.
2. Payment.
The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the
payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City
of Jefferson's Police Department, and in accordance with the rates and/or amounts stated in the bid of
Contractor dated March 15, 2021, 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. No
change in compensation shall be made unless there is a substantial and significant difference between the
work originally contemplated by this agreement and the work actually required. The total amount for
services rendered under this contract shall not exceed Seventy -Five Thousand Dollars and Zero Cents
($75,000.00).
3. Term.
This contract shall commence on the date last executed by a party as indicated below. The Contractor shall
render services referenced in Exhibit A for one (1) year from the date last executed by a party as indicated
below. The parties may agree to extend this contract for two (2) additional one (1) year periods upon
expiration of this contract.
4. Additional Services.
The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth
in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified
in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of
the City. All such directives and changes shall be in written form and approved by the City and shall be
accepted and countersigned by the Contractor or its agreed representatives. .
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5. Personnel to be Provided.
The Contractor represents that Contractor has or will secure at its expense all personnel required to perform
the services called for under this contract by the Contractor. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the Contractor. All of the services
required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all
personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be subcontracted except
as provided in Exhibit A without the written approval of the City.
6. 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.
7. Independent Contractor.
The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor
or any of its employees as agents or employees of the City.
8. Benefits not Available.
The Contractor shall not be entitled to any of the benefits established for the employees of the City and
shall not be covered by the Workmen's Compensation Program of the City.
9. Nondiscrimination.
The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of
race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against
any employee of Contractor or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
10. 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.
11. Notice to Proceed.
The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken
and completed in accordance with the schedule contained in Exhibit A.
12. Termination.
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under
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this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving written notice to the
Contractor of such termination and specifying the effective date thereof, at least rive (5) days before the
effective day of such termination. The City reserves the right to terminate this contract for convenience by
giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or
remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor
through the date of termination. The Contractor may without cause terminate this contract upon 30 days
prior written notice. In either such event all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this
contract shall, at the option of the City, become its property, and the compensation for any satisfactory work
completed on such documents and other materials shall be determined. Notwithstanding the above, the
Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any
such breach of contract by the Contractor.
13. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
14. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that the City successfully
enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any
other relief, its reasonable attorney's fees, expenses and costs.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
16. Assignment.
The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as provided herein, and no
such assignment shall require the City to give any notice to any such assignee of any actions which the City
may take under this agreement, though City will attempt to so notify any such assignee.
17. Existing Data.
All information, data and reports as are existing, available and necessary for the carrying out of the work,
shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the
Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable
for the accuracy of the information furnished by the City.
18. Confidentiality.
Any reports, data or similar information given to or prepared or assembled by the Contractor under this
contract which the City requests to be kept as confidential shall not be made available to any individual or
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organization by the Contractor without prior written approval of the City.
19. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, 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 attorneys' 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 itself) 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.
20. Insurance.
Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial
general liability insurance with a reputable, qualified, and financially sound company licensed to do
business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not
less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees
from claims which may arise from operations under this agreement, whether such operations are by the
Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability
insurance shall include, but shall not be limited to, protection against claims arising from bodily and
personal injury and damage to property, resulting from all Contractor operations, products, services or use
of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual
Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An
endorsement shall be provided which states that the City is named as an additional insured and stating that
the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements
of this section, or not renewed without 30 days advance written notice of such event being given to the City.
21. Documents.
Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be
delivered upon request to and become the property of the City upon termination or completion of work.
Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions or limitations on their
use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and
delivering same.
22. Books and Records.
The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and
other evidence pertaining to costs incurred in connection with this contract, and shall make such materials
available at their respective offices at all reasonable times during the contract and for a period of three (3)
years following completion of the contract.
23. Nonsolicitation.
The Contractor warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warranty, the
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City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
24. Delays.
That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the
Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set
forth in this contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
25. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
26. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action.
27. Notices.
All notices required or permitted hereinunder and required to be in writing may be given by first class mail
addressed to the following addresses. The date and delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
If to the City:
City of Jefferson
Department of Law
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Contractor:
Turn -Key Mobile, Inc.
Attn: Kathleen Montgomery
210 Prodo Drive
Jefferson City, MO 65109
[Signatures to Follow on Next Page]
CITY OF JEFFERSON, MISSOURI
Carrie Tergin, Mayor
Date: i..-2021
ATTEST:
APPROVED AS TO FORM:
YA
Uk
NAW �
TURN-KLY MOB" INC
ed&lf-elcam
Ti le: Proposals and Project Coo in for
Date: A di 14, 2021
ATTEST:
Title; Operations M ager
Exhibit A
March 15, 2021
Greetings:
_Key
.e, Inc.
Turn -Key Mobile, Inc. (TKM) would like to thank the City of Jefferson for the opportunity to
provide the hardware needed for the Request for Bids No. 3156, Upftting of PoliceVehicles.
TKM has responded to the Request for Proposal # 3156 in the format provided.
As President of Tum -Key Mobile, Inc., 1, Michael Southard, can assure the City of Jefferson that
all information in this RFB is accurate to the best of my knowledge. If chosen the successful
bidder, Turn -Key Mobile looks forward to providing hardware, installation, and maintenance
services.
The prices contained in this proposal are guaranteed for a term of not less than one year from the
date of contract award.
Total time required to deliver proposed goods as specified will be 30-45 days from date of award
of contract. Proposed items are manufactured, produced or assembled in the United States.
TKM does not represent a disadvantaged business enterprise.
Sincerely,
Michael Southard, President
Turn -Key Mobile, Inc.
210 Prodo Drive • Jefferson City, M4 65109 • (573) 893-9888
E -Mail: mike@tumkeymobile.com • Fax (314) 754-9794
ATTACHMENT A - BID FORM - B3156 - UPFMING OF POLICE VEMCLES
Bidders shall indicate firm, fired pricing and discounts for the services below. Pricing shall be good for a
12 -month period from the date of award plus two renewal options. Items will be purchased on an as -
needed if -needed basis. Installation of equipment will only be needed for the Ford SUV Interceptor. Un -
installation of equipment may be from Dodge Durangos, Ford SUV Interceptors, Ford Explorers, or
Chevrolet Tahoes.
Eqmpngeo.ts"
(A/oi 0 1( S3tg if e)
Year 1
Year 2 Year 3
Whelen Equipment 35%
35%
35%
Jotto Equipment (Prisoner transport/gunracks/partitions) 15%
15%
15%
Jotto Equipment (concoles/mounts/accessories) 30%
30%
30%
Santa Fe Equipment no bid
no bid no bid
Havis Equipment (K9/prisoner transport) 20%
20%
20%
Havis Equipment (Docking stations) 30%
30%
30%
Havis Equipment (consoles/mounts/accessories) 25%
25%
25%
Gamber-Johnson (Panasonic Docking station) 45%
45%
45%
Gamber-Johnson consoles/mounts/accessories) 30%
30%
30%
Pro-gard 1 22%
22%
22%
Go Rhino 25%
25%
25%
Patrol Power 33%
33%
33%
Year 1
Year 2 Year 3
Shop Labor Rate 1 $80
$80
$85
LAW ara.for U106-0.
Work Type
# of Hours to # of Hoare to
Install Un -Install
Push Bumper
2.5
1
Siren
1
0.5
Light bar with VCON switch
2.25
0.5
Full partition (cage) with floor pans
2.5
1.25
Center console
2
1
Motorola mobile radio
2
0.5
MDT dock with wiring
2
0.5
Siren box
3
1
Scanner
0.5
0.25
Arbitrator in -car camera (Dash Camera)
5.25
1.5
Dual radar system
2
1
Jotto gun rack
1.5
0.5
Flashlight charging cradle
0.25
025
License plate lights (emergency-blue/red)
1.5
0.5
SVR -250 vehicular repeater
1.25
0.5
Supervisor light bar for front
1.5
1
Light bar for rear (interior frondrear emergency tights)
1.5
0.5
Ticket printer
1
025
Rear transport seat 1
2.51
1
External GPS/Cellular antenna
11
025
Whelen taillight strobes, red, blue or white - pair
1.51
0.75
Whelen headlight strobes, red, blue or white - pair 1.5 0.75
Any other fee considerations:
Any limitations or restrictions on your ability to instal Vun-install/repair the equipment listed above? Any
radio/repeater tuning or repair will not be performed by Turn -Key Mobile. Tum -Key
Mobile is a certified Arbitrator installer.
Discount for prompt payment on invoices. Discount will not be
evaluated.
Do you represent a disadvantaged business?
Do you represent a woman -owned business?
Do you agree to cooperative procurement by Cole County?
Percent off Days to pay
0 30
Yes No
x
x
X
Do you agree to cooperative procurement by the Housing Authority? X
Company Name Turn -Key Mobile, Inc.
Agent and Title Kathleen Montgomery, Proposal & Project Coordn
Address 210 Prodo Drive
Telephone
Email Address
Bidder Signature
Date
Jefferson City, MQ 65109
573-893-9888
kat4y@turrikeymobile.com
15' -Mar -21
Form of Business: _Sole Proprietorship _Partnership _X_ Corporation' _Limited Liability Corporation
*Turn -Key Mobile is an S -Corp form of business